Kaur states that one of the prominent reasons for the government’s lack of action is that there has been no consistent documentation of torture-related complaints.
For instance, even though the NHRC deals with cases related to torture in custody, the annual figures related to the same do not get included in its reports. Even the NCRB does not document cases of custodial torture, she observes.
Moreover, India is yet to ratify the UN Convention against Torture or Other Cruel, Inhuman, or Degrading Treatment or Punishment (UNCAT), despite being a signatory of it since 1997.
In 2008, the “Prevention of Torture Bill” was submitted in the Parliament. However, it was sent to a select committee due to its weak provisions.
Kaur adds that though the select committee draft for the bill was presented in the Rajya Sabha in 2010, it has remained stuck there ever since.
Further, in 2016, a petition was filed in the Supreme Court for India’s compliance to the UNCAT. During the hearing of this case, the Law Commission of India submitted its report recommending the government ratify the UNCAT, and also proposed the Prevention of Torture Bill 2017.
Kaur observes that the NHRC, Law Commission, and Supreme Court of India have all recommended, on different occasions to the Government of India, to enact a special law against torture. However, this has yet to come to fruition.
She adds that it is imperative for the Law Commission’s bill to be tabled in Parliament for further in-depth discussion so that swift measures can be taken to ensure the prevention of torture and alsojustice to torture victims.
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