SC notice to Centre on PIL to end custody torture

The Supreme Court on Monday issued notice to the Centre on a PIL seeking guidelines or legislative framework to prevent torture, cruelty, inhuman treatment of persons in custody.

A bench of Chief Justice T S Thakur and Justice A M Khanwilkar sought response from the government on a plea filed by former law minister and senior advocate Ashwani Kumar.

Arguing for himself, Kumar, a senior advocate, also sought rehabilitation, relief and compensation for victims of custodial violence and torture. He said there is no legislation in India dealing with custodial violence and torture. As on date, there is no legislation that defined “torture” or “custodial torture”.

He contended that unlike custodial deaths, the police are not mandatorily required to report cases of torture which do not result in deaths to the National Human Rights Commission (NHRC).

As per the Home Ministry data published last year, the number of unnatural deaths of prisoners increased from 126 in 2012 to 195 in 2014. In his petition, Kumar has argued that despite judgement and subsequent guidelines issued by the apex court, the issue of escalating custodial violence has remained unaddressed primarily because of lack of comprehensive legal regime and its effective enforcement.

Despite India being a signatory to the United Nation Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment, it has not ratified the same, he said.