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LATEST NEWS UPDATES | SC for broad anti-torture legislation -Krishnadas Rajagopal

SC for broad anti-torture legislation -Krishnadas Rajagopal

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published Published on Apr 25, 2017   modified Modified on Apr 25, 2017
-The Hindu

Says India being denied extraditions because countries fear the accused would be treated inhumanely

India may be finding it tough to secure extraditions because there is a fear within the international community that the accused persons would be subject to torture here, the Supreme Court said on Monday.

A Bench of Chief Justice of India J.S. Khehar and Justice D.Y. Chandrachud said it was a matter of both Article 21 (fundamental right to life and dignity) and of international reputation that the government must consider promulgating a standalone, comprehensive law to define and punish torture as an instrument of “human degradation” by state authorities.

“Such a law is in the national interest. The difficulty that India faces in matters of extradition may be because there is torture,” Justice Chandrachud observed.

The court referred to the setback suffered by the CBI in its efforts to get Kim Davy — a Danish citizen and prime accused in the Purulia arms drop case of 1995 — extradited from Denmark. A Danish court had rejected the plea on the ground that he would risk “torture or other inhuman treatment” in India.

“This issue needs to be dealt with and dealt with quickly,” Chief Justice Khehar told Solicitor-General Ranjit Kumar, appearing for the Centre.

Tackling torture

The court agreed with former Union Law Minister Ashwini Kumar, who filed the PIL plea in his personal capacity, that India, which had signed the UN Convention against torture way back in 1997, had still not ratified it. The Convention defines torture as a criminal offence.

Mr. Kumar submitted that no steps had been taken to implement the Prevention of Torture Bill 2010 even six years after it was passed by the Lok Sabha on May 6, 2010 and recommended by a Select Committee of the Rajya Sabha of which he had been Chairman.

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The Hindu, 24 April, 2017, http://www.thehindu.com/news/national/frame-anti-torture-law-sc-tells-govt/article18200856.ece?homepage=true


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