SC NOTICE TO GOVT ON RULES TO STOP TORTURE OF JAIL INMATES

NEW DELHI: The Supreme Court on Monday issued notice to the union government on a petition filed in public interest seeking direction to bring in a set of guidelines to prevent torture, cruelty, inhuman or degrading treatment of inmates in custody.

A bench of Chief Justice of India (CJI) TS Thakur and Justice AM Khanwilkar sought response from the government on a plea filed by former Rajya Sabha member of Parliament (MP) Ashwani Kumar, who also sought rehabilitation, relief and compensation for victims of custodial violence and torture.

Kumar argued that despite judgment and subsequent guidelines issued by the apex court, the issue of custodial violence has remained unaddressed primarily due to lack of a comprehensive legal regime and its effective enforcement.

He said there was no legislation in India dealing with custodial violence. There is no legislation that defines the expression “torture” or “custodial torture”.

He contended that unlike custodial deaths, police are not required to report to the National Human Rights Commission (NHRC) cases of torture which do not result in deaths.

According to the home ministry data published last year, the number of unnatural deaths of prisoners increased from 126 in 2012 to 195 in 2014.

The petition is premised on the fact that India is a signatory of the UN Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment. But it has not ratified the same in the absence of a legislation.

PETITIONER ARGUED THAT DESPITE SC RULING, THE ISSUE OF CUSTODIAL VIOLENCE HAS NOT BEEN DEALT WITH DUE TO LACK OF A LEGAL REGIME