UN Convention Against Torture
Context:
The UK High Court’s decision to deny the extradition of Sanjay Bhandari and Tahawwur Rana’s appeal in the US citing concerns over custodial torture has reignited discussions on India’s failure to ratify the UN Convention Against Torture (UNCAT), 1984 and the absence of a dedicated anti-torture law.
Relevance:
GS-02 (Fundamental Rights)
About UNCAT?
- UNCAT is a legally binding International human rights treaty that prohibits torture and inhuman treatment by state authorities.
- It also prevents degrading treatment or punishment worldwide.
- UNCAT was adopted by the UN General Assembly on 10th December 1984 and entered into force on 26th June 1987.
UNCAT and India’s Status:
- Definition of Torture: UNCAT’s Article 1 defines torture as severe physical or mental pain inflicted intentionally, often for interrogation, punishment, or intimidation, with state involvement or consent.
- Universal Jurisdiction: Article 5 mandates that states must prosecute or extradite individuals accused of torture, regardless of where the crime occurred or the perpetrator’s nationality.
- State Responsibilities: UNCAT requires states to prohibit torture in all circumstances (Article 2), prevent deportation to torture-risk countries (Article 3), criminalise torture (Article 4), investigate allegations (Article 12), and ensure victim compensation (Article 14).
- Monitoring Mechanism: The Committee Against Torture (CAT), established under Article 17, oversees UNCAT’s implementation through independent expert reviews.
- India’s Status: India signed UNCAT in 1997 but has yet to ratify it, leaving gaps in its legal framework against torture.
Need for India to Ratify the UNCAT:
- Enhancing Extradition and Global Credibility: Ratifying UNCAT would strengthen India’s ability to extradite economic offenders who often evade justice under the pretext of potential custodial torture. It would also reinforce India’s commitment to human rights, improving its international reputation in legal and judicial matters.
- Curbing Custodial Violence and Ensuring Justice: With thousands of custodial deaths reported annually, India faces a serious challenge in preventing torture. UNCAT ratification would mandate strict laws, independent oversight, and legal accountability, ensuring justice for victims and deterring human rights abuses.
- Protecting Marginalised Communities: Dalits, minorities, and other vulnerable groups are disproportionately affected by custodial torture. Ratifying UNCAT would enforce the absolute prohibition of torture, ensuring equal protection under the law regardless of caste, religion, or ethnicity.
Prelims Question:
Consider the following statements:
- UNCAT is an international treaty that is legally binding and prohibits torture and inhuman treatment by state authorities.
- Despite signing the United Nations Convention against Torture (UNCAT) in 1997, India has yet to ratify it.
Which of the following statements is correct?
(a) Both 1 and 2
(b) 2 only
(c) 1 only
(d) None
Answer: (a) Both 1 and 2
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