United Nations Convention Against Torture (UNCAT)

United Nations Convention Against Torture (UNCAT): The recent extradition cases in UK & US have once again highlighted the issue of India’s claim as a professed defender of human rights and need of enacting a comprehensive law against torture and ratify the UNCAT.

• About United Nations Convention against Torture (UNCAT): It was adopted in 1984, aims to prevent torture and other cruel, inhuman, or degrading treatment globally.
• Obligation: States must take measures to prevent torture and avoid sending individuals to countries where they may face torture.
• Legal Status: The absolute prohibition against torture is a principle of customary international law.

o Concerns: Reports indicate endemic custodial torture in India — 1,731 deaths in custody in 2019 (NHRC report).

• Judiciary's Stand:

o Supreme Court: Expanded interpretation of Article 21 affirms torture as a violation of dignity and privacy (D.K. Basu, Puttaswamy cases).

o Judicial Inaction: Despite recommendations from the Rajya Sabha Select Committee (2010) and the Law Commission (273rd Report, 2017) for a comprehensive anti-torture law, the government has yet to act.

o International Commitments: India has ratified treaties like the Universal Declaration of Human Rights (1948) and the International Covenant on Civil and Political Rights (1976), making its refusal to ratify UNCAT contradictory.