Prevention of torture bill

8th Feb, Hindu editorials

This article highlights the importance of Rajya sabha and also discusses the flaws in Prevention of torture bill

• It was passed in Lok sabha
• Rajya sabha referred it to a select committee headed by Ashwani Kumar

FLAW

• It was intended to criminalise acts of torture by public servants but it ended up providing impunity to public servants who intentionally resort to torture
• With a view to protect honest officers from malicious complaints, the bill stipulated that to prosecute a public servant on complaints of torture government sanction was mandatory
• Similar provisions exist for Prevention of corruption act
• Also CBI has to take prior sanction from government before it can even investigate
• This power of sanction has for long been used by political parties to settle scores rather than ensure accountability

COMMITTEE RECOMMENDATIONS

• It tried to strike a balance between need to protect honest officers and to hold public servants to account
• It agreed with the need for prior sanction but has fixed a time limit of 3 months for government to decide on sanction failing which it will be deemed to have been sanctioned
• If the government refuses to give sanction, it needs to provide the reason in writing

• This removes the opaqueness in process

• The aggrieved can appeal to high court against the government decision

• This will force government to take decisions on judicial grounds
• Earlier only judicial review could be undertaken

Difference between Judicial review and appeal

• Judicial review only allows the court to look into technical aspects of decision making processes
• Judicial appeal allows the court to examine issue based on merits and if required can also substitute government decision with court’s decision
• Such a provision needs to be extended to even Prevention of corruption act

Other recommendations of committee(Not given in hindu)

• The bill had provided that complain of torture should be given within 6 months of incident

• Committee has recommended for a 2 year time

• The bill states maximum punishment is 10 years imprisonment and a fine

• Committee suggests a minimum of 3 year imprisonment and fine of 1 lakh rupees

• The bill defines torture as grievous hurt or danger to life , limb and health of a person. The act of torture should have been committed intentionally and with a purpose of getting information or confession

• Committee recommends for expansion of definition to align it with the definition in UN convention against torture
• It calls for special consideration for cases of torture of women and child
• Attempt to torture should also be made an offence