INDIA: Torture in India 2011

'Torture in India 2011' states that a total of 14,231 persons i.e. more than four persons per day died in police and judicial custody in India from 2001 to 2010. This includes 1,504 deaths in police custody and 12,727 deaths in judicial custody from 2001-2002 to 2009-2010 as per the cases submitted to the National Human Rights Commission (NHRC).

A large majority of these deaths are a direct consequence of torture in custody. These deaths reflect only a fraction of the problem with torture and custodial deaths in India as not all the cases of deaths in police and prison custody are reported to the NHRC. Further, the NHRC does not have jurisdiction over the armed forces and the NHRC also does not record statistics of torture not resulting into death.

The failure of the Ministry of Home Affairs to introduce the Prevention of Torture Bill drafted by the Rajya Sabha Select Committee headed by Shri Ashwani Kumar, the current Minister of State for Planning, in December 2010 in the parliament session beginning on 22 November 2011 demonstrates India’s lack of political will to stamp out torture.

"India is yet to realise the cost of not having anti-torture law in compliance with UN Convention Against Torture (UNCAT), which led to the rejection of the extradition of Kim Davy, the prime accused in the Purulia arms drop case by the Danish High Court in June 2011; the direction of a British Court in July 2011 to depute a human rights expert to visit the prisons in Gujarat to examine the prison conditions before it grants extradition of Mohammad Hanif Umerji Patel, alias Tiger Hanif, the alleged mastermind of the 1993 bomb blast in Surat; and cancellation of the extradition of Abul Salem by the Portuguese High Court in September 2011 on the ground that he was tortured in custody following extradition. That torture is non-derogable even in war and a crime against humanity is yet to be recognised by India.” 

pdf: http://www.crin.org/docs/torture2011.pdf

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