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Govt has no plan to bring law against prevention of torture: MoS (Home) informs Lok Sabha

The Central Government on Tuesday informed the Lok Sabha that it has no proposal with it to bring a legislation to prevent the torture of individuals by police and public officials.

It added that the existing provisions of the Indian Penal Code (IPC) provide punishment for such offences and it is primarily the responsibility of the State Governments to ensure compliance of law and protect life and property of people.

Minister of State (MoS) in Home Affairs G Kishan Reddy was responding to a question asked by DMK MP Kanimozhi Karunanidhi whether the Government was considering to bring a legislation to prevent the torture of individuals by police.

The Supreme Court last year had rejected a plea by a former Law Minister Dr Ashwani Kumar, seeking comprehensible legislation on custodial torture.

Dr Kumar had sought directions for the Parliament to enact effective legislation based on the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment adopted by the UN General Assembly and opened for signature, ratification and accession on December 10, 1984.

India had signed the UN Convention on October 14, 1997. However, it has yet to ratify the said convention in light of Article 253 of the Constitution of India which confers power on Parliament to make laws for the whole or any part of the territory of India for implementing any treaty, agreement or convention.

Read the reply

https://theleaflet.in/wp-content/uploads/2020/09/Lok-Sabha_Question_on_Torture-.pdf