P. 1
Torture in Modern Day India 2009

Torture in Modern Day India 2009

|Views: 632|Likes:
Publicado porShala Salazar

More info:

Published by: Shala Salazar on May 28, 2010
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

01/24/2013

pdf

text

original

Under Article 1(1) of the Convention Against, “torture” “means any act by which

severe pain or suffering, whether physical or mental, is intentionally inficted on

a person for such purposes as obtaining from him or a third person information
or a confession, punishing him for an act he or a third person has committed or is
suspected of having committed, or intimidating or coercing him or a third person,
or for any reason based on discrimination of any kind, when such pain or suffering

is inficted by or at the instigation of or with the consent or acquiescence of a
public offcial or other person acting in an offcial capacity”.

The involvement, instigation of or consent or acquiescence of a public offcial is
mandatory to defne torture.

At the Article 1(2) states that defnition of the Convention Against Torture the
involvement of “a public offcial or other person acting in an offcial capacity”
mandatory for defnition of torture is “without prejudice to any international

instrument or national legislation which does or may contain provisions of wider
application”.

The government of India has enacted laws which have widened the defnition

of torture. The use of torture and other cruel, inhuman or degrading treatment
or punishment have been explicitly recognized by the government in a number
of legislation concerning “atrocities” against the scheduled Castes (Dalits)
and scheduled Tribes under the scheduled Castes and the scheduled Tribes
(Prevention of Atrocities) Act, 1989, the Dowry Prohibition Act, the Protection
Of Women From Domestic Violence Act, 2005 etc.

in particular, section 3 of the scheduled Castes and the scheduled Tribes

(Prevention of Atrocities) Act, 1989 which defnes “atrocities” is relevant.
Atrocities are defned as:

“whoever, not being a member of a Scheduled Caste or a Scheduled Tribe”, among
others,“(i) forces a member of a Scheduled Caste or a Scheduled Tribe to drink
or eat any inedible or obnoxious substance; (ii) acts with intent to cause injury,
insult or annoyance to any member of a Scheduled Caste or a Scheduled Tribe
by dumping excreta, waste matter, carcasses or any other obnoxious substance in
his premises or neighborhood; (iii) forcibly removes clothes from the person of a
member of a Scheduled Caste or a Scheduled Tribe or parades him naked or with
painted face or body or commits any similar act which is derogatory to human
dignity; (iv) compels or entices a member of a Scheduled Castes or a Scheduled
Tribe to do ‘begar’ or other similar forms of forced or bonded labour other than any
compulsory service for public purposes imposed by Government; (v) intentionally
insults or intimidates with intent to humiliate a member of a Scheduled Caste or
a Scheduled Tribe in any place within public view; (vi) assaults or uses force to
any woman belonging to a Scheduled Caste or a Scheduled Tribe with intent to

TORTURE IN INDIA 2009

ACHR

55

dishonor or outrage her modesty; (vii) being in a position to dominate the will
of a woman belonging to a Scheduled Caste or a Scheduled Tribe and uses that
position to exploit her sexually to which she would not have otherwise agreed;
(viii) corrupts or fouls the water of any spring, reservoir or any other source
ordinarily used by members of the Scheduled Castes or the Scheduled Tribes so

as to render it less ft for the purpose for which it is ordinarily used; (ix) denies

a member of a Scheduled Caste or a Scheduled Tribe any customary right of
passage to a place of public resort or obstructs such member so as to prevent him
from using or having access to a place of public resort to which other members
of public or any Section thereof have a right to use or access to; and (x) forces or
causes a member of a Scheduled Caste or a Scheduled Tribe to leave his house,
village or other place of residence”.

Many of the elements of atrocities defned above are also included in the Article

1 of the Convention against Torture and Other Cruel, inhuman or Degrading
Treatment or Punishment.

nonetheless, despite legal protection, lower castes continue to be particularly
vulnerable to violation because of the failure to implement these laws.

The 2007 Annual Report of the national Crime Records Bureau reported a total
of 30,031 cases - including 206 cases under the Protection of Civil Rights Act
and 9,819 cases under the sC/sT (Prevention of Atrocities) Act of 1989 - against
the scheduled Castes in 2007. Although the average charge-sheeting rate for
the crimes against the sCs was 90.6 per cent, the average conviction rate was
only 30.9%. A total of 51,705 persons (78.9%) out of 65,554 persons arrested for
crimes committed against scheduled Castes were charge-sheeted but only 29.4%
were convicted consisting of 13,871 persons out of 47,136 persons against whom
trials were completed.

You're Reading a Free Preview

Descarga
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->