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Essay On Torture In India

1537 Words7 Pages

According to Article 1 of UN Convention against Torture ‘Torture is an act by which severe pain or suffering is intentionally inflicted on a person for purposes such as obtaining an information or confession, or punishing, intimidating or coercing someone’. Under international law, torture is illicit, and can't be termed as legitimate in any circumstances. In India, torture and other ruthless, brutal and degrading treatment in state confinement is common and typical, and incorporates scope of dehumanizing practices on shackling, beatings and the association of electric paralyzes. There is no particular law disallowing torture in India. There is no explicit legislation in India prohibiting torture in India and also there is no specific law in Indian constitution demanding the inclusion of international law in Indian municipal system. However, Article 51(c) of the Indian constitution says “to foster respect for international agreements and treaties” but it’s a directive principle of state policy. The international law needs to be included in municipal laws by legislation; it cannot by itself become part of municipal law. But customary laws automatically become part of domestic laws and they need to be followed, they have a direct application. There are several …show more content…

Nonetheless, the apex court has shown tremendous judicial activism in this field and has thus assured that all the rights ensured in the covenant are duly respected and protected. The Supreme Court has constantly held that provisions of the covenant that elucidate the Fundamental rights of the constitution can be relied upon by the court and are duly enforceable in the court of law. India is not only under an obligation to recognize the rights set out in the covenant but also to take effective measures to assure that menaces like torture and inhuman treatment does not take place in its

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