Saturday, August 10, 2013

Investigating torture in India and other South Asian countries



BOOK REVIEW

By
Randeep Wadehra


In custody By Nitya Ramakrishnan
Sage. Pages: xlix + 451. Price: Rs. 995/-
In recorded history, sovereigns and states have been resorting to torture either to mete out punishment or to compel a person to confess to a crime or give evidence in a judicial proceeding. This has been happening even when there is irrefutable evidence that torture is not effective in getting at the truth. When subjected to torture in police custody, a person invariably admits to even those crimes which he may not have committed. Torture has a long history of use and abuse. In ancient Athens and Rome, slaves were frequently subjected to torture. In fact, in the Roman Empire, even free men were tortured to obtain evidence of the crime of laesa majestas (“injured majesty”, or crime against a sovereign power). In 1252, Pope Innocent IV, issued a decree whereby the people accused of heresy could be tortured to obtain their confessions. France legalized the use of torture in the 13th century, and ultimately it became part of the legal system of every European nation except Sweden and England. However, England was not completely free of this practice, but torture was used only by exercise of the royal prerogative. It would be pertinent to mention here that the East India Company used to apply torture to extract rent etc from the ryots, but employed “native” officials to do this dirty work. In the American colonies, torture was illegal. In 1816, however, a papal edict banned torture in Roman Catholic countries.
In the 20th century, the use of torture was common in various European countries, especially where communist, fascist and National Socialist governments were in power. In fact, torture went much beyond being physical. Communist governments resorted to brainwashing, a form of psychological torture, which caused mental disorientation by such methods as forcing a prisoner to stay awake for days. In recent times, complaints about the use of physical and psychological torture have emanated from different countries in Latin America, Africa, and Asia. Nevertheless, torture is expressly illegal in most countries following the signing of the ‘United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment’ or CAT in short.
This tome focuses on custodial torture in Subcontinental countries comprising India, Pakistan, Bangladesh, Nepal, Afghanistan and Sri Lanka. Although these countries have inherited, or have been influenced, by the British legal framework, they have had different approaches to the issue. For example, India has not yet ratified CAT even when its statutes retain the anti-torture provisions of the colonial vintage; the Indian Penal Code recognizes the heinous nature of torture as it has created specific categories of hurt and grievous hurt due to torture for extorting confession. While Afghanistan has remained destabilized for too long to rein in excesses “of the worst kind” committed by non-state actors, Sri Lanka and Pakistan are known to have secret locations where torture is applied to not just criminals but also to political opponents. However, various judicial institutions in these countries have been probing assorted instances of custodial tortures. However, the battle to curtail custodial torture is a long one, especially when some of the state agencies themselves are involved in resorting to torture, for whatever reasons.   
This well researched tome studies various factors that influence the perpetration and perpetuation of torture in each of the six South Asian countries. It also looks at the steps taken to prevent or curtail custodial torture. The various case studies and other relevant details of law etc make this book invaluable for reference purposes.

 Published in The Financial World dated August 10 2013


No comments:

Featured Post

RENDEZVOUS IN CYBERIA.PAPERBACK

The paperback authored, edited and designed by Randeep Wadehra, now available on Amazon ALSO AVAILABLE IN INDIA for Rs. 235/...