THE HINDU Editorial Vocabulary- November 30, 2017- Topic 2

Eliminate torture: the need for a law to prevent custodial cruelty

Enacting a law prohibiting torture is both a moral imperative and a pragmatic necessity. The Union government has informed the Supreme Court that it is seriously considering the 273rd Report of the Law Commission, which has recommended that India ratify the United Nations Convention against Torture and pass a law to prevent torture and punish its perpetrators. 

A few months ago, the court had sought the Centre’s response to a petition filed in public interest by former Union Law Minister Ashwani Kumar, who complained about the delay in India ratifying the UN Convention, which it had signed in 1997. The petition had also favoured a standalone legislation to prohibit torture. The court disposed of the matter without any direction after being informed that the matter was under serious consideration. The Centre should now act on its own with a sense of urgency. There can be no reason to further delay legislative measures to eliminate all forms of torture and other cruel, inhuman and degrading forms of treatment. At an earlier hearing, the court had itself highlighted why a standalone law is needed. India has made many requests for extradition of offenders from other countries, and the absence of an anti-torture law may prevent these countries from acceding to India’s requests. Earlier this month, extradition courts in the United Kingdom refused to send two persons to India to face trial, one of them on the ground that there was “no effective system of protection from torture in the receiving state”. Conditions in India’s prisons, especially the chronic problem of over-crowding, are a reason for the country’s extradition requests failing.

Few would disagree that ratifying the UN Convention and following it up with a domestic law against torture will not only be in the national interest but also have positive implications for the protection of human rights. Custodial violence continues to be prevalent in the country. The recent example of a bus conductor being forced to confess to murdering a schoolchild is a pointer to the use of torture as an investigative tool among policemen. The Prevention of Torture Bill was passed by the Lok Sabha in 2010 to address the problem, but it lapsed after it was referred to a Select Committee in the Rajya Sabha. The Law Commission, to which the question was referred in July this year, produced a report within three months. It also submitted a draft Bill for the government’s consideration. The government should accept the recommendations without delay as it not only provides a penal framework for punishing public servants who inflict torture, but also lays down that just compensation be paid to victims.

Vocabulary

Imperative: giving an authoritative command.

Example: The bell pealed again, a final imperative call

Synonyms: peremptory, commanding, imperious, authoritative

Pragmatic: dealing with things sensibly and realistically in a way that is based on practical rather than theoretical considerations.

Example: A pragmatic approach to politics

Synonyms: practical, matter-of-fact, sensible, down-to-earth, commonsensical

Prevent: keep something from happening or arising.

Example: Action must be taken to prevent further accidents

Synonyms: stop, put a stop to, avert, nip in the bud, fend off, stave off, ward off

Perpetrator: a person who carries out a harmful, illegal, or immoral act.

Example: The perpetrators of this horrific crime must be brought to justice

Standalone: able to operate independently of other hardware or software.

Example: Each program can operate as a stand-alone program or in conjunction with the other component.

Consideration: careful thought, typically over a period of time.

Example: A long process involving a great deal of careful consideration

Synonyms: thought, deliberation, reflection, contemplation, rumination

Degrade: causing a loss of self-respect; humiliating.

Example: Cruel or degrading treatment

Synonyms: humiliating, demeaning, shameful, mortifying, ignominious

Extradition: the action of extraditing a person accused or convicted of a crime.

Example: They fought to prevent his extradition to the US

Synonyms: deportation, repatriation, expulsion

Accede: assent or agree to a demand, request, or treaty.

Example: The authorities did not accede to the strikers' demands

Synonyms: agree to, consent to, accept, assent to, acquiesce in, comply with

Implication: the conclusion that can be drawn from something, although it is not explicitly stated.

Example: The implication is that no one person at the bank is responsible

Synonyms: suggestion, insinuation, innuendo, hint, intimation, imputation