Torture Shadows India’s Justice System

Despite increasing global scrutiny, India continues to face extradition challenges due to concerns over custodial torture, as seen in the 2024 UK High Court ruling blocking Sanjay Bhandari’s extradition.

Torture

• About: Torture refers to the physical or mental harm inflicted by police or security agencies, often to extract confessions, intimidate, or punish individuals.

Notable Cases of Torture in India

1. 1989 Bhagalpur Blinding Case – Police poured acid into the eyes of undertrials in Bihar. This horrifying incident inspired the 2003 Bollywood film Gangaajal, which depicted systemic police brutality and extra-judicial punishment.
2. 2021 Stan Swamy Case – Human rights activist denied medical aid in custody, leading to his death.
3. 1994 Nambi Narayanan Case – ISRO scientist falsely accused of espionage, tortured, and later exonerated.

Who Suffers the Most?

• Undertrials – Individuals awaiting trial often face custodial torture without conviction.
• Marginalized Communities – Dalits, Adivasis, and minorities disproportionately experience police brutality.
• Political Detainees – Activists, journalists, and dissenters face targeted harassment and custodial mistreatment.

Judicial Rulings on Extradition

• London High Court’s Decision (February 28, 2024): The King’s Bench Division denied India’s request for Sanjay Bhandari’s extradition (accused of tax evasion and money laundering).
  • Cited risk of custodial torture and India’s non-ratification of the UN Convention Against Torture (UNCAT) as key reasons.
• Tahawwur Rana’s Case in the U.S.: Rana, accused in the 26/11 Mumbai attacks, has appealed to the U.S. Supreme Court to prevent his extradition.
  • He has referenced the U.K. ruling, arguing that India’s history of custodial torture poses a credible risk to his rights.
• Impact on India:  Multiple fugitives have used custodial torture concerns to challenge extradition. This legal loophole weakens India’s ability to bring fugitives to justice.

India’s Stand on International Conventions Regarding Torture

• Ratified: India has ratified several global human rights treaties, including:
  • Universal Declaration of Human Rights (1948)
  • International Covenant on Civil and Political Rights (1976)
• Not Ratified: However, it has not ratified the UNCAT, despite its historical role in anti-torture resolutions (e.g., UN General Assembly Resolution 32/64).
• Constitution of India : Articles 51(c) and 253 of the Indian Constitution mandate adherence to international treaties, yet the government has failed to act.

United Nations Convention Against Torture (UNCAT) & India’s Stand

Key Facts About UNCAT

• Established: 1987
• Ratified by: 171 countries
• India’s Status: Not ratified (Still pending)

Why Has India Not Ratified UNCAT?

India stands alongside Sudan, Angola, and Brunei, which have also not ratified the treaty. The primary reason India gives:

• Official Justification: “Our domestic laws are sufficient to prevent torture.”
• Reality: Custodial torture remains rampant, with frequent reports of police brutality, forced confessions, and extrajudicial punishments.

Need for a Comprehensive Anti-Torture Law in India

• Rajya Sabha Select Committee (2010): Recommended a comprehensive anti-torture law in response to public sensitivities.
• Law Commission’s 273rd Report (2017): Proposed a draft law for consideration.
• National Human Rights Commission: Advocated for a stand-alone domestic law against torture.

Supreme Court’s Stance on Torture and Legal Gaps

• Judicial Interpreation: The Supreme Court has declared torture unconstitutional under Article 21 (Right to Life & Personal Liberty). Despite strong judicial pronouncements, India still lacks a dedicated anti-torture law.
• Key Supreme Court Cases:
• • D.K. Basu v. State of West Bengal (1997): Laid down guidelines for custodial protection. Made it mandatory for police to follow procedures during arrests.
  • Justice K.S. Puttaswamy v. Union of India (2017): Recognized the Right to Privacy as a fundamental right. Strengthened legal protection against forced confessions and surveillance abuse.
  • Nambi Narayanan v. State of Kerala (2018): Supreme Court awarded compensation for wrongful arrest and custodial torture. Stressed accountability for police misconduct.
• Judicial Inaction in Ashwani Kumar (2019): Despite previous rulings suggesting legislative intervention, the Court did not push the government to enact an anti-torture law. Ignored the principle that “a lack of legislation may be contrary to legal certainty” (Consultative Council of European Judges, 2015). 
  • Overlooked D.Y. Chandrachud’s opinion in Jeet S. Bisht (2007) that courts can prod institutions to fulfill their obligations. 
  • Contradicted Sharaya Bano (2017), which warned that constitutional rights can be undermined through state inaction.

Then Why No Law?

• Lack of Political Will – Successive governments have ignored the issue.
• Police & Bureaucratic Resistance – Law enforcement agencies fear increased accountability.
• India’s Non-Ratification of UNCAT – Without ratifying the United Nations Convention Against Torture (UNCAT), there is no global pressure to implement reforms.

Global Examples of Tortures

• Guantanamo Bay (USA): The infamous detention center exposed torture and human rights abuses. Severely damaged the U.S.’s global moral authority on democracy and human rights.
• China’s Uyghur Crisis: Global outrage over mass detentions and torture of Uyghur Muslims. Resulted in sanctions and international pressure on China.

Way Forward

• Ratify UNCAT Now: India must immediately ratify the United Nations Convention Against Torture (UNCAT) to align with global human rights standards.
• Pass a Strict Anti-Torture Law: Implement the Law Commission’s 2017 draft and introduce clear penalties for custodial torture.
• Reform Policing & Accountability: Implement police reforms to prevent torture and abuse of power.
• Active Role Judiciary: Supreme Court should push the government to enact an anti-torture law, following precedents like D.K. Basu (1997). High Courts should ensure strict implementation of custodial safeguards.
• Zero Tolerance for Custodial Torture Enforce strict punishments for officers involved in torture.

Conclusion

If India continues to ignore custodial torture, its status as the world’s largest democracy is undermined. Non-ratification of UNCAT weakens India’s human rights commitments.