Core Demand of the Question
- Discuss how India’s reluctance to ratify the UN Convention Against Torture (UNCAT) and enact an anti-torture law undermines its global standing as a defender of human rights.
- Evaluate the political, legal, and diplomatic challenges that India faces in ratifying this convention and implementing related domestic reforms.
- Suggest a way ahead.
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Answer
Torture, as defined by the UN Convention Against Torture (UNCAT), includes any act causing severe physical or mental suffering inflicted for punishment, coercion, or discrimination. Despite being a signatory since 1997, India has not ratified UNCAT, making it one of the handful of countries yet to do so. This weakens its human rights credibility, especially amid rising concerns over custodial deaths and police brutality.
Impact on India’s Global Standing
- Human Rights Credibility: Non-ratification weakens India’s position as a democratic defender of human rights, affecting its soft power and global moral authority.
For example: Western nations cite India’s non-ratification in extradition cases, leading to rejections like in Sanjay Bhandari’s case.
- Diplomatic Setback: Failure to enact anti-torture laws creates diplomatic hurdles, impacting strategic ties with human rights-focused nations.
For example: EU trade agreements require compliance with international human rights norms, which India struggles to meet.
- Judicial System Integrity: Reports of custodial torture undermine legal credibility, reducing faith in India’s justice system.
For example: Tahawwur Rana’s legal defense cited custodial torture risks, delaying his extradition.
- International Treaty Obligations: India has ratified other human rights treaties, making its refusal to ratify UNCAT inconsistent.
For example: India’s support for UDHR and ICCPR contradicts its hesitance on UNCAT.
- Strategic Image Management: India’s aspirations for global leadership in organizations like the UNSC are weakened by its human rights record.
For example: China and Pakistan highlight India’s record to counter its claims for global leadership.
Political, Legal, and Diplomatic Challenges
| Challenges |
Ratifying UNCAT |
Implementing Domestic Reforms |
| Political
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- Fear of constraints: Security agencies resist external oversight on counterterrorism operations.
For example: Agencies cite threats like Naxalism and cross-border terrorism to justify harsh interrogation methods.
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- Lack of political consensus: Different parties view anti-torture laws through a law-and-order vs. human rights lens.
For example: The 2010 Prevention of Torture Bill lapsed due to lack of parliamentary push.
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- State autonomy concerns: States fear losing control over law enforcement under a central law.
For example: Police forces controlled by states oppose mandatory federal oversight mechanisms.
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- Bureaucratic inertia: Police reforms remain slow due to entrenched practices favoring harsh interrogation.
For example: The Prakash Singh case (2006) mandated police reforms, yet implementation lags in most states.
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| Legal
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- Judicial reluctance: Courts hesitate to mandate legislation, citing separation of powers.
For example: In Ashwani Kumar (2019), SC refused to direct Parliament to enact an anti-torture law.
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- Weak enforcement mechanisms: NHRC lacks power to impose punitive measures on erring officers.
For example: NHRC can only issue recommendations, making its rulings ineffective in preventing custodial violence.
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- Conflicting legal provisions: Existing laws, such as IPC Sections 330 and 331, already penalize custodial torture but lack enforcement.
For example: Conviction rates in custodial death cases remain extremely low due to procedural loopholes.
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- Burden of proof issues: Victims must prove custodial torture, making convictions difficult.
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| Diplomatic
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- International scrutiny: India faces pressure from global watchdogs like Amnesty and UNHRC over its human rights record.
For example: The U.K. The High Court cited India’s non-ratification while denying Sanjay Bhandari’s extradition.
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- Balancing global commitments with sovereignty: India must integrate UNCAT principles without compromising domestic law enforcement flexibility.
For example: The government argues that India’s legal system already provides safeguards against torture.
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- Economic consequences: Non-compliance affects trade relations and investment from rights-sensitive markets.
For example: The U.S. links preferential trade benefits to a country’s human rights track record, impacting India’s negotiations.
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- Resistance from law enforcement: Police and security agencies view anti-torture laws as an impediment to effective policing.
For example: Officials argue that legal restrictions on interrogation will weaken crime prevention efforts.
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Way Ahead
- Comprehensive Legislation: Enacting a strong anti-torture law to align with UNCAT and strengthen human rights protection.
For example: 273rd Law Commission report provided a draft anti-torture bill for implementation.
- Judicial Oversight: Strengthening judicial monitoring of custodial practices to ensure compliance with human rights norms.
For example: D.K. Basu guidelines set mandatory procedures for arrest and detention.
- Training & Sensitization: Conducting human rights training for law enforcement to prevent custodial abuse.
For example: NHRC workshops focus on educating police on ethical interrogation methods.
- Diplomatic Reassurance: Engaging in proactive diplomacy to counter concerns while gradually aligning with UNCAT.
For example: India’s voluntary commitments at the UN Human Rights Council showcase incremental progress.
- Accountability Mechanisms: Establishing independent oversight bodies to monitor and investigate custodial torture complaints.
For example: Strengthening NHRC’s authority to take binding actions against human rights violations.
India must bridge the gap between its constitutional morality and legal framework by enacting a comprehensive anti-torture law. Strengthening police accountability, fast-tracking judicial reforms, and ensuring human rights training are key. Ratifying UNCAT will not only bolster India’s global credibility but also reinforce its commitment to dignity, democracy, and the rule of law.
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March 20, 2025
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