tag:blogger.com,1999:blog-15602189.post1104148952994454657..comments2023-09-21T16:17:51.838+05:30Comments on Law and Other Things: Prevention of Torture Bill 2010: Designed to FailAnonymoushttp://www.blogger.com/profile/09348738084817273397noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-15602189.post-34210098894520511952010-09-10T18:22:33.893+05:302010-09-10T18:22:33.893+05:30I have read in an article,
According to the Asian ...I have read in an article,<br />According to the Asian Center for Human Rights, a majority of those who die in custody are not dreaded terrorists but people detained for petty offences. A 'high proportion' are poor or belong to the Scheduled Castes or Scheduled Tribes.<br />Is it true?Unknownhttps://www.blogger.com/profile/16999947765020940009noreply@blogger.comtag:blogger.com,1999:blog-15602189.post-59260992740082877672010-06-09T03:08:04.906+05:302010-06-09T03:08:04.906+05:30dear namita
thanks for your queries. as far as i k...dear namita<br />thanks for your queries. as far as i know, the bill has only been passed by the lok sabha, and still pending with the rajya sabha. india has signed the torture convention, but hasn't ratified it so far. officially the reason is that ratification has to wait until an offence of torture is created in domestic law - given that india is a dualist country, i thought this wasnt key. in any case, i suspect the real reason is having to deal with violation claims, given how routine torture is in india generally, let alone troubled regions. <br />as to why 'cruel and unusual punishment' has been left out, i really don't know. as i have claimed, i dont think the drafters of this bill want to enforce the convention. if they can get away with the rubbish that this bill contain, they can hold their heads high in international summits.<br />please let me know if you have any further questions.Tarunabh Khaitanhttps://www.blogger.com/profile/07234574402062317396noreply@blogger.comtag:blogger.com,1999:blog-15602189.post-23322088894186279722010-06-08T23:53:58.679+05:302010-06-08T23:53:58.679+05:30Hi Tarunabh,
Thanks for your extremely informati...Hi Tarunabh, <br /><br />Thanks for your extremely informative blog post and article on the "Prevention of Torture" bill. I had a few questions after reading the article. <br /><br />First, has the bill also been passed by the Rajya Sabha?<br /><br />Second, do we know why India is not a signatory to the Torture Convention? As far as I know, some provisions of the Convention are now regarded as customary international law. Is it because India still retains the death penalty which is widely regarded as a cruel and unusual punishment. <br /><br />Third, why does the bill not criminalise cruel and unusual punishment? Is it again because of the death penalty?<br /><br />I couldn't agree with you more about the idea that the post colonial Indian state has exactly the same mindset as the colonial govt. The mindset is very much us vs. them. The opacity and bureaucracy of the administration only make matters worse. <br /><br />I look forward to your responses and follow up on this issue. <br /><br />Thanks again!<br />NamitaNamita Wahihttps://www.blogger.com/profile/16600392316403126342noreply@blogger.com