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SC: India losing face Internationally for lack of Law to curb custodial Torture


Bench was dealing with a PIL by ex-Law Minister and Congress member Ashwani Kumar.

Supreme Court Complex in Delhi
Supreme Court Complex in Delhi

Supreme Court feels that India’s reputation & extradition requests suffer since it hasn’t ratified the United Nations convention against torture.

A bench of Chief Justice JS Khehar & Justice DY Chandrachud on Monday said that “Besides this being an Article 21 i.e. right to life issue, it’s also an issue of international reputation”.

The bench was dealing with a PIL by Congress member & ex-law minister Ashwani Kumar to seek a direction to the Centre to enact a law to punish police and armed forces for custodial torture.

A bill on this issue was in the Lok Sabha in 2010 & the erstwhile UPA-II govt, in which Ashwini Kumar himself was a minister, couldn’t get it passed.

Colin Gonsalves, Amicus curiae said 161 countries had ratified the convention but India was among 9 which haven’t yet.

The bench said that “What’ll be India’s stand at Geneva on United Nations Convention Against Torture, which it signed twenty years ago but hasn’t ratified yet? According to amicus curiae, India’s requests for extradition often get rejected because we’ve neither ratified the convention nor enacted a law.”


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One comment

  1. In India custodial deaths are common. Our whole system of justice administration is affected by lopsided and motivated investigations who are also assisted by well paid lawyers who mortgages their intelligence to wealth. Added to this the additional burden common man has to bear is prejudiced judiciary to common people who also owe their position to political bosses and industrial houses who assist them.

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