UN Convention Against Torture

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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…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…show more content…
It thus obliges state to carry out investigations in matter of enforced disappearances and to prosecute those who are found guilty of it.
Analysis:
Considering the international instruments relating to torture, forced disappearances and extra-judicial killings, it is perceptible that India is under an obligation under international law to punish the perpetrators of Human Rights violations.
Though India has not ratified CAT and CPAPED, but it is still bound by their provisions. The prohibition of torture, inhuman and degrading treatment contained in CAT is a jus cogens principle in international law. This was first time held in the case of ‘Prosecutor v. Furundzija ’ by United Nations International Criminal Tribunal and torture was made a crime of Universal Jurisdiction, punishable in any state irrespective of the nationality of the victim or place of

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