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In light of increasing custodial deaths, should India enact a standalone law against torture as recommended by the Law Commission?

Posted by jobseeker Aanchal Jha | Approved
Answers (1)

Yes. India urgently needs a standalone anti-torture law to fulfill its constitutional obligations, comply with international treaties, and address the alarming rate of custodial violence that persists despite judicial guidelines.

Law Commission of India (273rd Report, 2017)
Recommendation: Enact a new law – Prevention of Torture Bill, 2017.
The proposed law:
Clearly defines torture.
Makes state officials criminally liable.
Provides compensation to victims.
Enables India to ratify the UNCAT.
“The absence of legislation is the chief reason India has not ratified UNCAT. This impacts India's international image and credibility in human rights diplomacy.” – Law Commission

Why Existing Laws Are Insufficient
Generic IPC provisions: Do not reflect the systemic nature of custodial violence.
No deterrent mechanism: Low conviction rates; fear of reprisal silences victims.
Complicity and cover-up: Police often shield each other; magisterial inquiries are delayed or biased.
No victim-centric compensation system: Currently at the discretion of courts or NHRC.

Answered by jobseeker Aanchal Jha | Approved

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