Human Rights Law: India's First Anti-Torture Laws

The report “Torture in India 2010,” prepared by the Asian Centre for Human Rights, suggest that the country has witnessed a rise in the number of custodial deaths, by as much as 41.66%, during the UPA rule.  This raises greater need to implement human rights law properly in the country. The current figures are a reflection of the blatant violation of human rights law by the Indian police and security forces during 2004-05 and 2007-08.

Human rights groups believe that while the public is angered about violence in police custody, it is more forgiving about cases involving national security. Here is a list of states in the decreasing order of their custodial deaths: Maharashtra (246), Uttar Pradesh, Gujarat, West Bengal, Andhra Pradesh, Tamil Nadu, Assam, Punjab…and Chhattisgarh (23).

Human Rights Law: India’s First Anti-Torture Laws Draws Flak from Several Quarters

In the backdrop of the recent Dantewada massacre and other incidents, the Indian cabinet has approved the Anti-Torture Bill 2010. However, many consider this human rights law as a move to ratify the UN Convention against torture, since India is attempting to secure a seat in the UN Security Council and strengthen its voice in other forums. Hence, adopting the international norms will help its prospects at the UN.

The bill has drawn flak from several quarters, including the media and human rights groups. The media is critical of the bill’s ill-timing, as the Indian security forces are already under intense pressure because of increasing incidents of internal strife; the bill is expected to add to their woes.

Human Rights Law: Questions Raised, Deeper Reforms Demanded

Human rights groups, on the other hand, are critical of the provisions of the bill and its secretive drafting and passage. They are also raising questions about the intentions of the government in passing the bill. They are urging for deeper reforms, which they feel is a must for ensuring its total effectiveness in curbing torture in custody.