Context: Recent, incidence of alleged torture of a father-son duo in Sattankulam town in Tamil Nadu has once again given rise to the demand for a separate law against torture.
Existing Law against Torture

• Torture is not defined in the Indian Penal Code, but the definitions of ‘hurt’ and ‘grievous hurt’ are clearly laid down.
• Definition of ‘hurt’ includes psychic torture, environmental coercion, tiring interrogative prolixity, and overbearing and intimidatory methods, among others. However, it does not include mental torture.
• Under the Code of Criminal Procedure, a judicial magistrate inquires into every custodial death.
• The National Human Rights Commission has laid down specific guidelines for conducting autopsy under the eyes of the camera.

How Supreme Court has dealt with custodial torture cases?

• DK Basu v. State of West Bengal case: The Court has issued guidelines that the police must follow in all cases of arrest and detention.
• Nilabati Behera v. State of Orissa case: The Court made sure that the state could no longer escape liability in public law and had to be compelled to pay compensation.
• Similarly, the Court has held in many cases that policemen found guilty of custodial death should be given the death penalty.

Observations by law commissions

• 262nd Law Commission Report recommended that the death penalty be abolished except in cases of ‘terrorism-related offences’.
• The 273rd Report of the Law Commission recommended ratification of the U.N. Convention against Torture and other Cruel, Inhumane or Degrading Treatment (CAT).
• CAT aims to prevent torture and other acts of cruel, inhuman, or degrading treatment or punishment around the world

Draft Prevention of Torture Bill, 2017

The Bill seeks to provide for punishment for torture committed by government officials. It provided death penalty for custodial deaths. The bill has been criticised on many grounds such as:

• It is very harsh for the police to discharge its responsibilities without fear of prosecution and persecution.
• It was inconsistent with the existing provisions of law.
• It included ‘severe or prolonged pain or suffering’ as a form of torture but that was not defined.

Road Ahead

• The prevalent law in India is adequate and well in tune with the provisions of CAT. Thus, it is important to properly implement existing laws to deal with police torture and custodial deaths
• The investigations, the prosecutions are not fair and these must be rectified at first.
• The temptation to use third-degree methods must be replaced with scientific skills.
• Implement recommendations of various commissions to bring in necessary reforms.