Restoring and respecting five values-
federalism, diversity, pluralism, human dignity and inclusiveness- are vital
for peaceful society. And human rights and rule of law are essential instrument
to realize all these values giving win-win situation to all.[i]
Stopping
torture is the first step towards improving human rights in general. Torture[ii] has been called ‘the
mother of all human rights violations’. As long as a country practices or
tolerates torture, people will be reluctant to speak, assemble and participate
in the political life. So elimination of torture is elimination of locust
effect of fear and phobia, which is main foundation of sustainable peace with
justice.
PVCHR welcomes recommendation of Law
commission of India[iii]
and recent judgement of honourable Supreme Court. The Law Commission of India finally recommends the
ratification of the UN Convention against Torture and the passing of a stand
alone criminal law to prevent torture respecting the tenets of the UN
CAT. On the other hand, ratification of the UN convention and framing of
an enabling legislation could simplify the extradition process for the
government. The absence of a standalone law prohibiting torture in India makes
it difficult for the government to extradite criminals. A case in point is the
recent refusal of a Danish court to facilitate the extradition of Purulia arms
drop case accused Kim Davy on the grounds that he might face torture at the
hands of the Indian police. In fact, the apex court had precisely made the same
point while asking the government to consider framing a law against torture and
custodial violence. “India faces problems in extradition of criminals from
foreign countries because of this (having no law against torture),” the SC said
in April.
The court’s observations came while hearing a PIL filed
by former Law Minister Ashwini Kumar who argued that despite being a signatory
to the United Nations Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, India had not ratified it because that would
mean framing an enabling legislation on preventing custodial torture.
No
other human acts can be so degrading as the
act of torture; no other human instincts can be as repulsive and repugnant as
idea of torturing someone, whosoever the culprit, government or a person.
Stigma on the modern civilization, the practice of torture is widely prevalent
among modern states up to the extent, where it seems, torture has been
legalized. Torture dehumanizes a person to the level where ones faith is shaken
in society. In addition, the effect of torture percolates, through the survivor
of torture, in deep fabric of society, affecting people and communities.
A
torture victim may deal the impact of torture in various ways; immediate impact
of torture may benumbs the sense of victims, deeply affecting physical and
psychological layers of the personality. In most cases, torture victims suffer
from, to certain degree, psychological or physical harm. Exposure to extreme
traumatic experiences not only affects the victims but also has profound impact
on their family, the community, and the nation. Torture may alter personal
feeling, beliefs, and judgment. However the cumulative effects of torture
extend to the whole society, impacting generations to come. Various studies
have proved that torture has lasting impact of fear, feeling of helplessness,
loss of control, and anxiety.
Apart
from the visible wounds, Post-traumatic stress disorder (PTSD) can emerge after
to a traumatic events. The defining characteristic of a traumatic event is its
capacity to provoke a feeling of fear, horror, and helplessness in response to
a threat of injury or death. Whether, physical torture or mild form of
psychological torture, equally leave the lasting impact on the wellbeing on the
torture victim. The torture victim is in essence de-humanized, striped of their
dignity and self worth. This de-humanization manifests into various forms such
as sexual humiliation, desecration (especially religion), and feral treatment
(such as forcing victim to act as animal).
Torture
is not restricted to an isolated event, as conditions of detention and repeated
acts of cruel, inhuman, and degrading treatment can meet the threshold of
torture as outlined in the United Nations Convention against Torture (1984).
This include forced starvation, prolonged solitary confinement, repeated
denial of basic medical health care, and custodial violence such as rape or being
stripped naked.
In
Indian context, torture in police custody is widely prevalent; include beating,
use of third degree methods, verbal abuse and humiliation in public.
Alarming rate of torture cases has shaken the Indian civil society. Numerous
cases of torture have been documented and highlighted by the People Vigilance
Commission on Human Rights (PVCHR). Nonetheless, PVCHR has taken the vital
steps to combat the menace of torture particularly 'police-torture'.
Remarkably, PVCHR, not only doing advocacy against police torture, but also,
has lead 'anti-torture initiatives and campaigned on torture free society.
In
its unique endeavor to provide a heeling hand to torture survivor, PVCHR is
involved in a pilot project 'to improve psychological wellbeing among survivors
of torture in India (Torture 2009 vol.19). Last but not the least; PHCVR has
convened a National Consultation on (12-13 July 2012, New Delhi) 'Testimonial
campaign which contributes to eliminate impunity for perpetrators of torture in
India.' This is an organized effort of PVCHR to propagate the importance of
testimonial therapy as a psycho legal support to the victims of torture.
However,
high number of recorded cases of torture seeks more attention and consistent
vigilance from local Civil Society. Furthermore, commitment to protect dignity
of ordinary person must be a topmost priority of government. There is no
justification, legal or moral, can be made to support the practice of torture.
However,
there is still some hope to combat practices of torture by various
stakeholders. In July 2014, the Supreme Court directed state governments to
install closed-circuit television cameras (CCTV) in all prisons within two
years to prevent torture and other violations of prisoners’ rights, and to
consider installing them in all police stations. Also in July 2014, the Ministry
of Home Affairs expressed that the government was considering amending the
Penal Code to specifically recognize torture as a crime. In addition, vibrant
Indian civil society has exerted a tremendous amount of efforts to convince
Indian government to rectify CAT and speedy hearing for under trials.iv]
However, despite the existing legal safeguards, widespread
use of torture is continuing in India. Torture remains endemic,
institutionalized and central to the administration of justice.The Government
of India will now act as it promised at the UPR3 India [ 4th May , 2017 ].[v] It is
noted that chairperson of national Human Rights Commission (NHRC) appealed to
Government of India for ratification of UNCAT.[vi]
Analysis of the individual cases of
torture handled by PVCHR illustrates the critical failings in a dysfunctional
public justice system in India. Prison conditions in India are appalling with
all the known symptoms of poor correctional systems. There is no unified
correctional system in India but many different systems in the individual
states. The biggest problems are found in the prisons. In many ways PVCHR has
made similar findings and analysis as in The ‘Locust Effect’.[vii]
Post 9/11, India has seen increasing discrimination and communal attacks against Muslim and Madrasa schools. Muslim areas are often target of anti-terror campaigns. 54% of prisoners in Indian prisons are Muslims and 28% are Dalits. Right wing Hindu fascists orchestrate planned communal riots, such as in Aligarh (Uttar Pradesh). The attacks on Muslims are frequent and the consequences are destruction of livelihood – a paradox as Muslims constitute the backbone of Indian small scale industry. PVCHR has been able to document the role of police in attacks on Muslims. Ultimo 2013 PVCHR completed the EU funded project ‘Police Torture against Muslim Minorities’. The project documented severe human rights violations and the general socio-economic deprivation of Muslim communities. In last initiative organized an interface meeting with the Parliamentarian, policy makers and political parties on the issue of Muslim minority in Uttar Pradesh were held on December 9, 2013[viii].
It is time to rejoice by many of us in the country, all human rights organizations and many platforms and collectives, who have tirelessly worked asking for the ratification of CAT[ix].
Practice of torture must be eliminated to restore the dignity of humanity. No society and government can claim to be civilized, democratic and peaceful, if practice of torture allowed. Conflict inside any nation-state is responsible for creating conflict with neighbouring countries. So we need to work on grassroots level for elimination of locust effect of torture and hegemonic masculinity based organized violence [x] .In this context, India should be join process for torture and organized violence free world.
Post 9/11, India has seen increasing discrimination and communal attacks against Muslim and Madrasa schools. Muslim areas are often target of anti-terror campaigns. 54% of prisoners in Indian prisons are Muslims and 28% are Dalits. Right wing Hindu fascists orchestrate planned communal riots, such as in Aligarh (Uttar Pradesh). The attacks on Muslims are frequent and the consequences are destruction of livelihood – a paradox as Muslims constitute the backbone of Indian small scale industry. PVCHR has been able to document the role of police in attacks on Muslims. Ultimo 2013 PVCHR completed the EU funded project ‘Police Torture against Muslim Minorities’. The project documented severe human rights violations and the general socio-economic deprivation of Muslim communities. In last initiative organized an interface meeting with the Parliamentarian, policy makers and political parties on the issue of Muslim minority in Uttar Pradesh were held on December 9, 2013[viii].
It is time to rejoice by many of us in the country, all human rights organizations and many platforms and collectives, who have tirelessly worked asking for the ratification of CAT[ix].
Practice of torture must be eliminated to restore the dignity of humanity. No society and government can claim to be civilized, democratic and peaceful, if practice of torture allowed. Conflict inside any nation-state is responsible for creating conflict with neighbouring countries. So we need to work on grassroots level for elimination of locust effect of torture and hegemonic masculinity based organized violence [x] .In this context, India should be join process for torture and organized violence free world.
Written By Lenin Raghuvanshi (http://leninraghuvanshi.com/)
