RIGHT TO FREEDOM FROM TORTURE: HAS INDIA COMPLIED WITH ITS INTERNATIONAL OBLIGATIONS?

Abstract

The will of the international community regarding human dignity, worth and respect and fundamental freedoms is well reflected in the Universal Declaration of Human Rights (“UDHR”), “mother” document of all the different human rights instruments that are currently in place, in the post-World War II era. Prohibition against torture, by virtue of being a jus cogens norm, is placed on a very high pedestal and hence, it is the responsibility of all States to curb any practice of torture against their citizens. Article 5 of the UDHR specifies that no person shall be subjected to any kind of cruel degrading or inhumane treatment or torture or punishment.1 Its recognition is the foundation of freedom, justice and peace in the world. Torture, which is defined in the United Nations Convention Against Torture, and Other Cruel, Inhumane or Degrading Treatment or Punishment (“UNCAT”), envisages a complete prohibition on torture or cruel, degrading and inhumane treatment.2Although customary international law and major conventions have called for a complete prohibition against torture many State Parties have violated their obligation to prevent torture and protect its individuals from cruel, inhumane and degrading treatment. In this paper, the authors examine the obligations India has to prohibit and prevent torture in all its forms. It has these obligations by virtue of being a State Party and State Signatory to the International Covenant on Civil and Political Rights, 1966 (“ICCPR”) and UNCAT respectively.