Torture Shadows India’s Justice System, Pg9

Extradition Cases & Judicial Concerns

• UK’s High Court upheld fugitive Sanjay Bhandari’s extradition to India.
• Tahawwur Rana’s case in the US Supreme Court involves extradition challenges.
• Concerns raised over India’s custodial torture record impacting extradition proceedings.

India & UN Convention Against Torture (UNCAT)

• India has not ratified UNCAT, despite being a signatory since 1997.
• Failure to outlaw torture legally places India among dictatorial regimes like Sudan & Angola.
• 273rd Law Commission Report (2017) recommended anti-torture legislation, but it was not enacted.

Constitutional & Judicial Position on Torture

• SC’s expansive interpretation of Article 21 prohibits torture as a violation of dignity & privacy.
• Cases like D.K. Basu (1997), Puttaswamy (2017), and Ashwani Kumar (2019) reinforced the need for anti-torture legislation.
• Despite judicial recommendations, Parliament failed to enact a law against torture.

Concerns & Implications

• Extradition delays & refusals due to India’s poor human rights record.
• Judicial inertia & legislative inaction weaken India’s constitutional commitments.
• Democratic credibility at stake—failure to outlaw torture contradicts India’s global position as a rights-based democracy.

Way Forward

• Pass a comprehensive anti-torture law, aligning with UNCAT standards.
• Strengthen extradition treaties by ensuring prison reforms & judicial accountability.
• Enhance human rights protection in the criminal justice system to restore global credibility.

Mains Mock Question:

"India has yet to ratify the United Nations Convention Against Torture (UNCAT). Discuss the implications of this delay on extradition and India’s international credibility. Suggest measures to strengthen India’s legal framework against custodial torture."