Developments
CJI highlights the prevalence of custodial violence, links it to inadequate legal representation
The Chief Justice of India, Justice N.V. Ramana, highlighted the persistent problem of custodial torture and the threat to human dignity in police stations, at an event organised by the National Legal Services Authority of India (NALSA). He pointed out that constitutional guarantees and legal safeguards fall short, in preventing such violence, in the absence of competent legal representation and sensitisation of police officers.
New international standards for effective and non-coercive investigation
The Méndez Principles, or the “Principles on Effective Interviewing for Investigations and Information Gathering”, are concrete guidelines designed to prevent coercive interrogation techniques. Significantly, the Principles rely on scientific evidence which suggests that torture is ineffective in obtaining credible evidence. This initiative was led by Juan E. Méndez, former U.N. Special Rapporteur on Torture, and the Principles were developed through an interdisciplinary, expert-driven process.
Paramvir Singh Saini: Supreme Court monitors its directions for installation of CCTV cameras in police stations
The Supreme Court is closely monitoring the compliance of its recent directions regarding the installation of CCTV cameras in all police stations and offices of central investigating agencies, which conduct interrogations and have the power to arrest. Expressing displeasure at the inaction of the Centre and states towards compliance, the Court has imposed clear timelines for budgetary allocations and implementation. The detailed directions of the Court include particulars like position, quality, features and storage capacity of the CCTV cameras.
Haryana government denies Sanction to prosecute four police officers
The Haryana government has denied sanction to prosecute four police officers accused of having tortured and falsely implicated a bus-conductor in the murder of a young school boy. Earlier, the Special CBI Court had come down strongly against the inaction of the state government in responding to the CBI’s requests for sanction to prosecute. The CBI had filed a supplementary chargesheet against the police officers for their involvement in fabricating evidence, extracting a false confession and falsely framing the bus-conductor for the sexual assault and murder of a young boy.
The deceased boy’s family has challenged the order denying sanction before the Punjab and Haryana High Court.
Read More →Plea in Supreme Court for reviving the D.K. Basu case
Senior advocate Abhishek Manu Singhvi filed a plea before the Supreme Court for the revival of the landmark judgment of D.K. Basu v. State of West Bengal.
The final judgment has not been passed yet.
NHRC Urged To Recall Its Order Diluting Mandatory Judicial Inquiries Into Custodial Deaths
The National Campaign Against Torture (NCAT) urged the NHRC to recall its order directing that an investigation by Judicial Magistrates or District Magistrates should be ordered in cases of custodial deaths where there is suspicion of foul play and other cases of custodial deaths may be investigated by Executive Magistrates.
Plea moved before the Supreme Court to enact guidelines to prevent custodial violence
A petition filed by People’s Charioteer’s Organisation (PCO) prayed that the Court direct the Centre to form an Independent committee monitored by the court consisting of members from all the relevant departments/ministries which can review the entire legal framework and find pitfalls in the existing legal framework in order to curb the menace of custodial torture/deaths/rapes.
The final judgment has not been passed yet.
St. Kitts and Nevis becomes the 171st state to accede to the UNCAT
By ratifying the United Nations Convention against Torture and Cruel, Inhumane and Degrading Treatment on 21st September 2020, St. Kitts and Nevis became the 171st state to become a party to the Convention.
Five custodial deaths in India daily, says report
The National Campaign Agaisnt Torture (NCAT) studied incidents of custodial deaths in 2019 and reported that there were 1,731 custodial deaths in India in 2019. On an average, five custodial deaths occur everyday in India.
India Among 9 Nations That Haven’t Ratified UN Convention Against Torture
As per the report from 2017, India was one of the nine countries in the world that had signed, but not ratified the UNCAT. Other countries joining India on the list in 2017 included Sudan, Brunei, Bahamas, Sao Tome and Principe, Angola, Comoros, Gambia and Palau. Update: As of date, Angola, Bahamas and Comoro have ratified the UNCAT, leaving India and three other countries on the list.
Attorney general Mukul Rohatgi says torture is alien to Indian culture. Is he right?
In May 2017, the then Attorney General of India, Mr. Mukul Rohatgi, led the Indian delegation to the United Nations Human Rights Council in Geneva and at the time of India’s review under the Universal Periodic Review Process. He claimed that India was working on a stand alone anti-torture legislation so as to eventually ratify the UNCAT and added that “torture is completely alien to Indian culture.”
Select Committee Report Prevention of Torture Bill 2010
The Prevention of Torture Bill, 2017 was drafted with the objective of ratifying the UNCAT. Despite the recommendations of the Select Committee in 2010, its definition of torture was very similar to the definition in the 2010 Bill. The addition in the definition in the 2017 Bill was that the act may be committed on a person in custody or otherwise. The Bill also specified that the minimum term of punishment must be three years and the maximum term ten years, supplemented by a fine, which was unspecified. The provisions on limitation and sanction on prosecute found no mention in the Bill.