Why a Separate Anti-Torture Law?

Context: The need of the hour is to implement the existing recommendations of various commissions rather than an insistence on a new torture law.

Existing provisions to check custodial torture: There is neither a dearth of precedents nor any de?ciency in the existing law.

• Expanded definition of custodial excesses: Although ‘Torture’ has not been defined in the Indian Penal Code, but the definitions of ‘hurt’ and ‘grievous hurt’ have been laid down.

• Indian courts have included psychic torture, environmental coercion, tiring interrogative prolixity and overbearing and intimidatory methods, among others, in the ambit of torture.
• Voluntarily causing hurt and grievous hurt to extort confession are also provided in the Code with enhanced punishment.

• • • • DK Basu v. State of West Bengal: a turning point in the evolving jurisprudence on custodial torture.
      • In Nilabati Behera v. the State of Orissa made sure that the state could no longer escape liability in public law and had to be compelled to pay compensation.
      • The Court has held in many cases that policemen found guilty of custodial death should be given the death penalty.

Critique of Prevention Torture Bill 2017: 

• Inconsistent with existing provisions: It included ‘severe or prolonged pain or su?ering’ as a form of torture but that was left undefined.

• Harsh quantum of punishment: The Bill provided for the death penalty for custodial deaths.

• The 262nd Law Commission Report recommended that the death penalty be abolished except in cases of ‘terrorism-related o?ences’.

• Unreasonable Blanket Denial of Anticipatory Bail: The bail can be refused in appropriate cases, but excluding an investigating o?cer from his daily duties would put him in the highest pedestal of mistrust.

• Existing provisions are well in tune with the provision of UN Convention against Torture: obviating the need for the bill.

• The Central government admitted in the Supreme Court that it was considering the 273rd Report of the Law Commission that recommended ratification of the convention.

Way Forward: Address the root cause of the problems:

• Ensure fair prosecution and investigations.
• Provide better training to the police officials. The temptation to use third-degree methods must be replaced with scienti?c skills.
• Implement recommendations of various commissions.