Hindustan Times (Delhi)

New methods are needed to combat custodial torture

The police must change their attitude and behaviour while dealing with witnesses, suspects and criminals

- RK Vij is a senior IPS officer in Chhattisga­rh The views expressed are personal

Disposing a PIL filed by former law minister Ashwini Kumar, the Supreme Court recently refrained from directing the central government to frame a stand-alone law against custodial torture. This was against the backdrop of the government’s admission in court that it was seriously considerin­g the 273rd report of the Law Commission that recommende­d the ratificati­on of the UN Convention against Torture and other Cruel, Inhumane and Degrading forms of Treatment (CAT). The CAT, adopted by the UN in 1984 and signed by the government in 1997, has not yet been ratified. Once ratified, it shall be imperative upon the central government to enact a special domestic law against torture.

The unfortunat­e image of being a brute force, inherited from the British Raj, has been stalking the Indian police for decades. In fact, it seems to have become embedded into our society, perhaps based more on perception rather than actual experience.

More than having a new and stand-alone legislatio­n on custodial torture, the need is to hammer on the root cause of the problem and not to ponder only on the symptomati­c treatment. The police require institutio­nal changes. The Malimath Committee had recommende­d that an investigat­ing officer (IO) should not investigat­e more than ten heinous offences in a year and investigat­ion be separated from the law and order duties to improve its quality and avoid short-cuts methods and indulgence in torture, but the report did not get its due credit.

Its implementa­tion needed the induction of more IOS, which will mean an extra burden on the exchequer.the use of scientific methods to facilitate investigat­ion is yet to become a norm. The role of forensics remains secondary. Interrogat­ion tools have not improved over time. Training, the backbone of any institutio­n, is still considered a less privileged and loop-line posting by senior police officers. Due to public and media pressure, police often fall prey to short-cut methods of investigat­ion. Therefore until police infrastruc­ture is improved and department­al bottleneck­s are eliminated, even a separate law against torture will not prove to be a panacea.

The police must change its attitude and behaviour while dealing with witnesses, suspects and criminals. The state must invest more in its enforcemen­t agencies and ensure that the police lose its perpetual tag of being abusive and torturous. The prevailing discussion­s about reforms in criminal justice system, particular­ly policing, must manifest in action. Irrespecti­ve of the enactment of a new law, human rights of all must be protected, be it against the state or the police. We all know of the great American inventor and businessma­n Thomas Elva Edison and his repeated failures before he became successful in inventing the electric bulb. Drawing from his own life’s experience­s he had remarked, “Many of life’s failures are people who did not realise how close they were to success when they gave up.”

Certainly, perseveran­ce is the hallmark of successful people. A tenacious attitude

 ?? PTI ?? The unfortunat­e image of being a brute force, inherited from the British Raj, has been stalking the Indian police for decades
PTI The unfortunat­e image of being a brute force, inherited from the British Raj, has been stalking the Indian police for decades
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