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VOL. 11, ISSUE 11 (2025)
The need for an anti-torture law in India: Human rights still in chains
Authors
Anshu Singh
Abstract
Torture is one of the most serious violations
of human rights and dignity. India being the largest democracy having a strong
constitutional framework, but still there are routine incidents of custodial
torture and deaths. The fact that there is no specific anti torture law has
limited remedies for the victims which encouraged impunity among the agents of
the state. This paper discusses the legal and constitutional protections
against torture in India as well as its intentional obligations under United Nations
convention against torture (UNCAT) and the difference between the principle and
practice. This paper identifies the common sense arguments for the necessity of
a standalone anti-torture law in several case studies, such as D.K basu v.
state of west Bengal and the Jayaraj and Bennix case when the state failed to
obtain accountability, rehabilitate victims, and achieve policing reform. The
paper also reviews previous legislative attempts including the Prevention of
Torture Bill (2010) and Law Commission’s 273rd Report (2017), and suggests a
way forward emphasizing enacting laws, oversight, and sensitizing law
enforcement agencies to torture. Ultimately, the paper concludes that, without
an anti-torture law, the constitutional commitment to human dignity and liberty
in India is only symbolic, and human’s rights remain “in chains”
metaphorically.
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Pages:50-52
How to cite this article:
Anshu Singh "The need for an anti-torture law in India: Human rights still in chains". International Journal of Law, Vol 11, Issue 11, 2025, Pages 50-52
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