The Law Commission in latest report has recommended government to ratify Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and also recommended life in jail for public servants convicted of torture.
In July 2017, Union Government had asked Law Commission of India to examine issue of ratifying the convention after a writ petition was filed in court.
UN convention: Government should ratify UN convention on torture and other inhuman and degrading treatment or punishment as it leading to difficulties in extraditing criminals from foreign countries due to the absence of a law preventing harsh treatment by authorities.
‘Prevention of torture bill, 2017: It has proposed legislation to amend various laws to prevent torture by government officials. The bill proposes “stringent punishment” to perpetrators to curb menace of torture and to have deterrent effect on acts of torture. It could extend up to life imprisonment and also fine.
Compensation: It suggested amendments to Criminal Procedure Code, 1973, and Indian Evidence Act, 1872 to accommodate provisions regarding compensation and burden of proof. It recommended an amendment to section 357B to incorporate payment of compensation in addition to payment of fine provided in Indian Penal Code.
For compensation to victims, courts should decide upon justiciable compensation after taking into account various facets of individual case, such as nature, purpose, extent and manner of injury, including mental agony caused to the victim. The courts should also bear in mind socio-economic background of the victim and ensure that compensation will help victim bear expenses on medical treatment and rehabilitation.
Burden of proof: It held that state own responsibility for injuries caused by its agents on citizens and held that principle of sovereign immunity cannot override rights assured by Constitution. It calls for effective mechanism must be put in place to protect victims of torture, complainants and witnesses against possible threats, violence or ill treatment.
New section 114B should be inserted in Indian Evidence Act to ensure that in case person in police custody sustains injuries, it is presumed that those injuries have been inflicted by police, and burden of proof shall lie on authority concerned to explain such injury.
UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
It is commonly known as United Nations Convention against Torture (UNCAT). It is an international human rights treaty, under review of UN that aims to prevent torture and other acts of cruel, inhuman, or degrading treatment or punishment around the world. It requires states to take effective measures to prevent torture in any territory under their jurisdiction and forbids states to transport people to any country where there is reason to believe they will be tortured.