United Nations has designated 26thJune as the International Day Against Torture to emphasize the importance of the right to personal dignity and security of all individuals around the world, guaranteed within the Universal Declaration of Human Rights.
It is the anniversary of a landmark event in the fight for human rights. It is meant to commemorate the adoption of the Convention Against Torture by the United Nations General Assembly. In India June 26 has a special significance as in 1975 on this day the dreaded EMERGENCY was declared.
In October 1997, the Government of India signed the Convention Against Torture (CAT) making the following statement: "The Convention corresponds to the ethos of Indian democracy, rule of law, individual freedom, personal liberty and security enshrined in Indian polity. Signature of the Convention Against Torture by India is an important milestone in the process of India's continued commitment to fundamental and human rights of all persons and directive principles of national policy. Ratification of the Convention is to follow." Yet, torture continues to be a part of the administrative system in many parts of our country. Over the last decade, there has been mounting evidence that torture has become an institutionalised practice within India.
Center for Enquiry into Health and Allied Themes (CEHAT), commemorated the International day in support of torture victims by staging company theatre's play ' voices' in the University campus, kalina in Mumbai. The play depicted various forms of torture. After the play, a discussion was held on the issue of torture and human rights. Students largely felt that India should ratify the Convention against Torture (CAT) Snaps of the play
This convention bans torture under all circumstances and establishes the UN Committee against Torture. In particular, it defines torture, requires states to take effective legal and other measures to prevent torture, declares that no state of emergency, other external threats, nor orders from a superior officer or authority may be invoked to justify torture. It forbids countries to return a refugee to his country if there is reason to believe he/she will be tortured, and requires host countries to consider the human rights record of the person's native country in making this decision.
The CAT requires states to make torture illegal and provide appropriate punishment for those who commit torture. It requires states to assert jurisdiction when torture is committed within their jurisdiction, either investigate and prosecute themselves, or upon proper request extradite suspects to face trial before another competent court. It also requires states to cooperate with any civil proceedings against accused torturers.
Each state is obliged to provide training to law enforcement and military on torture prevention, keep its interrogation methods under review, and promptly investigate any allegations that its officials have committed torture in the course of their official duties. It must ensure that individuals who allege that someone has committed torture against them are permitted to make and official complaint and have it investigated, and, if the complaint is proven, receive compensation, including full medical treatment and payments to survivors if the victim dies as a result of torture. It forbids states to admit into evidence during a trial any confession or statement made during or as a result of torture. It also forbids activities which do not rise to the level of torture, but which constitute cruel or degrading treatment. The second part of the Convention establishes the Committee Against Torture, and sets out the rules on its membership and activities.
CEHAT strongly believes that Toture is a health and Human rights issue. It is a slow process that is designed to render its victim helpless, dependent and devoid of all human qualities. Torture destroys the sense of self; it confuses right and wrong; any belief in the stability of the world is taken away; "truth" becomes a word without meaning. Methods of torture are limited only by the fiendish fantasies of those whose business it is to break others down. Physical methods include beating, electric shock (especially to the genitals), stretching (as on a rack), asphyxiation techniques such as submersion in contaminated water and smothering with plastic, burning, blows to the ears, forced standing or forms of suspension, sexual assault of men and women, sometimes with trained dogs. Psychological methods include sensory deprivation, anonymity and dehumanizing experiences, exposure to the sounds/sight of others being tortured. Physical effects are both acute and chronic. Physicians may see survivors with symptoms and disabilities related to their torture experiences. Some typical debilitating symptoms include: sleeplessness, headache, fatigue, chronic musculoskeletal pains, gastrointestinal problems, neurologic disorders, and sexual dysfunction. The long-term psychological effects of torture may be manifested by symptoms of post-traumatic stress disorder, depression, anxiety and alcohol/substance abuse.
India is signatory to the Convention Against Torture (CAT), and while it is yet to ratify the instrument, the signature implies an intention to eventually incorporate the provisions of the Convention into domestic law. The Convention specifically prohibits the use of torture, obliging every State Party to “take effective legal, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.”
Article 21 of the Constitution of India provides that “[n]o person shall be deprived of his life and liberty except according to procedure established by law”. The right to life in Article 21 of the Constitution of India does not mean mere survival or existence. It encompasses the right to live with dignity. Torture is inflicted with the aim of degrading a person and involves the violation of dignity. It therefore falls within the ambit of Article 21. Further safeguards are provided under other articles of the Constitution. Under Article 20(3), no person accused of any offence can be compelled to be a witness against himself. Article 22 (1) and (2) provide that a person who is arrested must be informed as soon as may be of the grounds of his arrest. The person also has the right to consult a lawyer of his choice. An arrested person must be produced before the nearest magistrate within 24 hours of his arrest.
The Code of Criminal Procedure (CrPC) also requires the production of accused before court within 24 hours. Section 54 of the CrPC gives the arrestee the right to be medically examined. No statement of a witness recorded by a police officer, according to Section 162 of the CrPC, can be used for any purpose other than contradicting such a statement. Thus admission of guilt before a police officer is not admissible in a court of law. Section 164 of the CrPC requires that the magistrate must ensure that a confession by the accused is voluntary. Sections 330 and 331 of the Indian Penal Code (IPC) make it a penal offence to cause hurt to a person in order to extract a confession.
A victim of torture by the police is entitled to move the Supreme Court of India under Article 32 of the Constitution or the concerned High Court under Article 226. The Supreme Court and different High Courts have entertained various writ petitions alleging police torture of prisoners. According to the Supreme Court, any form of torture or cruel, inhuman or degrading treatment fall within the ambit of Article 21 of the Constitution – whether be it during interrogation, investigation or otherwise. A person does not shed his fundamental right to life when he is arrested. Article 21 cannot be denied to arrested persons or prisoners in custody (D K Basu v State of West Bengal).
On this day CEHAT demanded that INDIA RATIFIES THE CONVENTION AGAINST TORTURE AND MEETS ALL STATE OBLIGATIONS AS MANDATED IN THE CONVENTION