As per the NHRC report, from 2001-10, India witnessed more than 14,000 custodial deaths. Though we have constitutional rights and provisions in IPC and Crpc, the custodial deaths and tortures are continuously happening. the recent fair example is alleged ryan school bus conductor torture case. In this grim circumstances, a strong Law to deter the custodial deaths and torture is required as per the UNCAT( UN Convention Against the Torture), to which india is already signed.
Provisions against the custodial torture in Indian Constitution:-
a. Article 20:- Protection w.r.t. conviction for offences:-
- No ex-post facto law
- No Double Jeopardy
- No Self Incrimination
b. Article:- 21:- Right to life and liberty:- No person Shall be deprived of his life and liberty except procedure established by law.
c. Article 22:- Protection against arrest and detention in certain cases:-
- Right to know the cause of arrest and right to defended by attorney.
- Right to be produced before the magistrate within 24 hr period and right against unlawful detention without proper magistrate approval.
- Preventive Detention:- Not more than three months.
Laws against the torture:-
- Protection of human rights act, 1993
- IPC and Crpc
Supreme court order against the torture:-
In Bachhan singh vs State of punjab, SC categorically said that No person shall be subjected to torture or cruelty.
International Covenants:-
- Universal Declaration of Human Rights, 1948
- International Convention on civil and political rights
- United Nations Convention against the Torture.
Though we have aforesaid provisions in our law system, torture and custodial deaths are continued unabated due to the lack of Proper law to prevent and criminalise the custodial torture and deaths. Due to this vacuum, many individuals, for whom india is seeking extradition, are continuously escaping the extradition by showing these vacuum in the law. For examples:- Vijay Mallya and Lalit Modi.
Thats why, Having the proper law against the torture is pragmatic, moral constitutional and imperative for the country like india, which is loosing more than 14,000 individuals in a decade in the form of custodial deaths.
