Context:<\/h3>\n
\u2022 The alleged torture of a father-son duo in Tamil Nadu has once again given rise to the demand for a separate law against torture.<\/p>\n
\u2022 It is therefore essential to examine whether the existing law is inadequate to deter incidents of custodial torture.<\/p>\n
Torture definition:<\/h3>\n
![\"The](\"https:\/\/slideplayer.com\/slide\/3583654\/12\/images\/7\/HIGHLIGHTS+OF+ANTI+-TORTURE+LAW.jpg\")
<\/p>\n
\u2022 Torture is not defined in the Indian Penal Code, but the definitions of \u2018hurt\u2019 and \u2018grievous hurt\u2019 are clearly laid down.<\/p>\n
\u2022 Indian courts have included psychic torture, environmental coercion, tiring interrogative prolixity, and overbearing and intimidatory methods, among others, in the ambit of torture.<\/p>\n
\u2022 Voluntarily causing hurt and grievous hurt to extort confession are also provided in the Code with enhanced punishment.<\/p>\n
\u2022 Under the Code of Criminal Procedure, a judicial magistrate inquires into every custodial death.<\/p>\n
Liability:<\/h3>\n
\u2022 The National Human Rights Commission has laid down specific guidelines for conducting autopsy under the eyes of the camera.<\/p>\n
\u2022 The Supreme Court judgment in DK Basu v. State of West Bengal was a turning point in the evolving jurisprudence on custodial torture.<\/p>\n
\u2022 The Court\u2019s decision in Nilabati Behera v. State of Orissa made sure that the state could no longer escape liability in public law and had to be compelled to pay compensation.<\/p>\n
\u2022 Similarly, the Court has held in many cases that policemen found guilty of custodial death should be given the death penalty.<\/p>\n
\u2022 Therefore, there is neither a dearth of precedents nor any deficiency in the existing law.<\/p>\n
Vague, harsh and retributive:<\/h3>\n
\u2022 However, a fresh draft of the Prevention of Torture Bill was released in 2017 for seeking suggestions from various stakeholders.<\/p>\n
\u2022 The Bill was not only vague but also very harsh for the police to discharge its responsibilities without fear of prosecution and persecution.<\/p>\n
\u2022 It was inconsistent with the existing provisions of law.<\/p>\n
\u2022 It included \u2018severe or prolonged pain or suffering\u2019 as a form of torture but that was left undefined.<\/p>\n
\u2022 The proposed quantum of punishment was too harsh.<\/p>\n
\u2022 Though the 262nd Law Commission Report recommended that the death penalty be abolished except in cases of \u2018terrorism-related offences\u2019, the Bill provided for the death penalty for custodial deaths.<\/p>\n
\u2022 In the Bill, the proposed registration of every complaint of torture as an FIR and blanket denial of anticipatory bail to an accused public servant was not reasonable.<\/p>\n
\u2022 The bail can be refused in appropriate cases, but excluding an investigating officer from availing such an opportunity shall be no less than putting him on the highest pedestal of mistrust.<\/p>\n
\u2022 Overall, the proposed Bill was not a reformative one. It was vague, harsh and retributive in nature.<\/p>\n
CAT:<\/h3>\n
\u2022 In 2017, the Central government admitted in the SC that it was considering the 273rd Report of the Law Commission that recommended ratification of the U.N. Convention against Torture and other Cruel, Inhumane or Degrading Treatment (CAT).<\/p>\n
\u2022 CAT was signed by India, but is yet to be ratified.<\/p>\n
\u2022 However, except for minor discrepancies, the prevalent law in India is adequate and well in tune with the provisions of CAT.<\/p>\n
Root cause of the problem:<\/h3>\n
\u2022 Retired Supreme Court Justice Deepak Gupta said that we first need to implement the law as we have it.<\/p>\n
\u2022 \u201cThe investigations, the prosecutions are not fair; these must be rectified first,\u201d he said.<\/p>\n
\u2022 He exhorted that the police need to be trained better. The temptation to use third-degree methods must be replaced with scientific skills.<\/p>\n
Conclusion:<\/h3>\n
\u2022 Thus, the need of the hour is to strike at the root cause of the problem and implement recommendations of various commissions to bring in necessary reforms.<\/p>\n
<\/p>\n
For more such notes, Articles, News & Views Join our Telegram Channel.<\/strong><\/span><\/p>\n