Consultation on 'Prevention of Torture Bill, 2010' <br>

India signed the United Nations Convention Against Torture (UNCAT) on the 14th October, 1997. For its ratification some legislative changes were required. The National Human Rights Commission, NHRC, has been pressing for the same with the Government of India for long. In this connection, the Prevention of Torture Bill, 2010 was introduced in the Lok Sabha on the 26th April, 2010.
The draft Bill seeks to provide punishment for torture inflicted by the public servants or any person inflicting torture with the consent or acquiescence of any public servant, and for matters connected therewith or incidental thereto.
After the draft Bill was passed by the Lok Sabha on the 6th May, 2010, it was sent to the Rajya Sabha. The Rajya Sabha referred the Bill to the Select Committee comprising 13 members of the House for examination. The Committee interacted with a number of stakeholders on the issue including the National Human Rights Commission.
Following are the observations of the Commission with regard to the draft Prevention of Torture Bill, 2010, which were conveyed to the select committee:
? The definition provided in Section 3 of the proposed Bill is not in conformity with Article 1 of the International Convention Against Torture and other Cruel, Inhuman or Degrading Treatment of Punishment. Therefore, the definition may be suitably modified to bring it in conformity with the Convention.
? The provision of Limitation for taking cognizance as provided in Section 5 of the proposed Bill is considered too short and not in conformity with the Convention. Therefore, limitation clause may be removed or the period of limitation may be enhanced.
? There is no provision in the proposed Bill for compensation to the victims of torture. The legislation should contain a provision for payment of compensation, by the courts, in case where torture, of the citizen has been established.
The Commission also organized a consultation with the stakeholders on the draft Bill on the 15th December, 2010 at India International Centre, New Delhi. The stakeholders included academicians, NGOs and human rights defenders.
Chairing the consultation, Mr. Justice K.G. Balakrishnan, Chairperson, NHRC said that the main criticism with the draft Bill is the definition of torture which is not in sync with the UNCAT. He made the following other important points:
? Requirement of prior sanction for prosecuting public authorities;
? Minimum sentence for a person found guilty of the offence committed;
? Screening authority to check frivolous complaints against public authorities.
Mr. Satyabrata Pal, Member, NHRC said that interaction between NHRC and the civil society may continue even a year after India becomes a party to the Convention. Representatives of civil society and NHRC will get a chance to discuss the provisions further at international forum.
The consultation concluded with endorsement of the report on the Bill by the Select Committee of the Rajya Sabha on the note that the Bill is a big step forward though not perfect. The Chairperson, NHRC said that the suggestions received from various quarters on the draft Prevention of Torture Bill, 2010 will be presented before the Select Committee of the Rajya Sabha.