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Torture

Mains- GS-2 Governance

1. Supreme court expressed concerns regarding police torture .

2. Jeyaraj case in Tamilnadu has exposed police brutality recently.

Facts

1. 117 people died in police custody and 1,606 died in judicial custody in 2019 (National campaign against torture, 2019).

2. Also the above report states that most deaths in police custody occur primarily as a result of torture.

3. The methods of torture used in 2019 included hammering iron nails into the body, stretching legs aparts etc

4. Victims of custodial torture are mostly left “damaged” for life.

5. Custodial deaths have increased from 92 in 2016 to 100 in 2017(NCRB).

Impunity

1. Very few victims get justice in torture cases.

2. Most of the torture cases go unreported.

3. The reported cases die because of weak mechanisms to deal with them.

Legal provisions

1. There are provisions in Code of Criminal Procedure, 1973 and the Evidence Act to assure that torture is avoided.

2. But these laws have seemingly failed to tackle the issue.

Judicial protection

1. In 1997 D K Basu case, Supreme court declared protection from torture as a part of Article 21.

Human rights

1. The dignity of an individual is “natural” and ingrained in a human being.

2. It should not be under mercy of the state’s mechanism.

3.  No comprehensive legislation is present to deal with horrendous acts of torture.

Prevention of Torture Bill, 2010

1. “torture” was expanded to include food deprivation, forcible feeding, sleep deprivation, sound bombardment, in the bill.

2. This bill lapsed in 2017. New bill was brought to the parliament.

3. The new bill changed the essence of the previous bill and diluted the effective provisions.

Conclusion

1. Law-making in India has been very weak when it comes to fixing the accountability of public posts like police.

Source : Indian Express