UNIT 2A- 1780 WORDS

TORTURE: USA AND INDIA

INTRODUCTION
Torture is the infliction of extreme physical and mental pain by government officials to obtain
information, violating human rights. Despite international efforts, many countries have not fully
supported anti-torture initiatives or criminalized it in their own laws. Amnesty International
documented instances of torture in 141 countries between 2009 and 2013. Recent examples
include the abuse of protesters during the 2011 Egyptian uprising and mistreatment of children
by Iran's security forces in 2023. Effective implementation of international agreements is crucial
to address these grave human rights violations.

IMPORTANT INTERNATIONAL CONVENTIONS AGAINST TORTURE

1. United Nations Convention against Torture (UNCAT) (1984)

The Convention is an international treaty aimed at preventing torture worldwide. Adopted in
1984, it requires state parties to take necessary measures to stop torture within their jurisdictions
and prohibits the transfer of individuals to countries where they may face torture. India signed
the convention in 1997 but has yet to ratify it. The convention establishes the Committee against
Torture (CAT), which monitors compliance. In addition, an Optional Protocol to the convention
(OP-CAT), adopted in 2002, allows for independent visits to places of detention to prevent
torture.

2. Standard Minimum Rules for the Treatment of Prisoners (1955)

The Standard Minimum Rules for the Treatment of Prisoners, adopted by the United Nations in
1955, promote humane treatment and basic necessities for detainees, prohibiting cruel
punishments. The rules were approved by the Economic and Social Council in 1957 and 1977,
and member states were recommended to effectively implement them in their institutions and
laws. They safeguard the fundamental rights and dignity of prisoners.

3. Declaration on the Protection of All Persons from Being Subjected to Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment (1975)
The UN General Assembly adopted a non-binding resolution in 1975, known as the Declaration
on the Protection of All Persons from Being Subjected to Torture. It defines torture as severe
physical or mental pain intentionally inflicted by public officials for various purposes. The
declaration categorically rejects any justification for torture, including in times of war or
emergencies, while allowing lawful sanctions that comply with minimum rules for prisoner
treatment.

4. Principles for the Protection of All Persons under any form of detention or
imprisonment (1988)
It has the body of principles which mentions that the rights of persons who are under arrest and
detention must be provided with legal aid, medical care and access to records of their detention,
arrest, interrogation and medical treatment. State should prohibit any act contrary to the
principles, make such acts subject to proper sanctions and conduct impartial investigation of
complaints.

TORTURE IN INDIA
HISTORY OF TORTURE IN INDIA
During British rule in India, torture became widespread, primarily perpetrated by indigenous
police officers who exploited poor peasants for personal gain. The British authorities overlooked
this issue to further their own interests.
In the postcolonial period, torture continued as a tool used by the police and armed forces to
extract information from people in custody. Unfortunately, many innocent individuals were
wrongfully detained and subjected to brutal torture, leading to long-lasting mental and
psychological trauma. These victims were forced to cope with the consequences for the
remainder of their lives.

TYPES OF TORTURE IN INDIA

1. Torture in Police Custody and Custodial Death
Torture in police custody is a common occurrence in India, with the highest risk occurring within
the first 24 hours of detention. Weaknesses in Indian laws and their implementation raise
concerns about whether detainees' rights will be respected, including recording of detention,
access to legal representation, and fair medical examinations. According to the National Crime
Records Bureau, there were 85 reported cases of custodial deaths in 2021, with Tamil Nadu
having the highest number of cases. Shockingly, no police officer has been convicted in relation
to these incidents.

2. Torture to extract confessions

Instances of torture, particularly for extracting confessions, often involve suspects from poor
backgrounds, making them more vulnerable. In a notable case, a tribal person in Kerala was
reportedly stripped, chained, and tortured by a police inspector during an interrogation related to
an alleged rape and murder. The individual was detained because he was the first to discover the
victim's body and inform others. Similar incidents occur throughout India, highlighting the
widespread occurrence of such abuses.

3. Custodial Torture of Women and Children

Women in custody in India are subjected to rape, sexual violence, stripping naked, and other
forms of humiliation with the consent of public officials. The National Campaign against Torture
reported a 35-year-old Dalit woman was allegedly raped and tortured in police custody by nine
police personnel in Rajasthan in 2019. The Juvenile Justice (Care and Protection) Act of 2000 is
routinely violated, with child offenders often falsely charged, sexually assaulted, and abused.
These actions expose the vulnerability of children and fail to protect them, putting the nation's
future at risk.

Case study India- Faizan Custodial Death Case

During the riots in North East Delhi in February 2020, Faizan was subjected to police harassment
and assault. A video emerged showing police forcing a group of young men, including Faizan, to
sing the national song, “Vande Matram”. Faizan and three others were illegally detained and
tortured, leading to Faizan's death. However, no investigation or explanation was provided by the
police. A political party highlighted the issue in a petition to the Delhi High Court, shedding light
on the police's role in the riots. Faizan's family faced obstacles, including jurisdictional disputes
between police stations. Although a murder case was registered, the police's involvement was not
emphasized. The FIR statement also omitted the video evidence of police assault. Faizan's family
awaits justice while an ongoing SIT probe continues.

TORTURE IN USA
HISTORY OF TORTURE IN USA
The United States has systematically institutionalized torture despite its global reputation. The
history of torture in the US reveals a pattern where states legislating against terrorism are more
likely to employ torture as a means of terror. This development can be observed in three stages:
the post-World War II era, the 1950s and 60s, and the period from the mid-1970s to the present.
Although the US Supreme Court intervened to curtail official torture starting in 1936, significant
progress was only made in the 1970s with the restrictions imposed by the Bill of Rights.
However, torture continues to be employed covertly, especially in the context of the "war on
terror" following the 9/11 attacks.

TYPES OF TORTURE IN USA

1. Waterboarding
This is in this technique a person who is being tortured undergo near drowning experience. The
subversion of the head in the water is classified as torture in this technique. The US government
has officially acknowledged waterboarding on 3 detainees: Khalid Sheikh Mohammed, Abu
Zubaydah and Abd Al-Rahim Al- Nashiri. Muhammad was waterboarded 183 Times, Zubaydah
83 times and Al- Nashiri twice.

2. Stress positions, and forced standing

Torture methods include standing in painful positions for extended periods, suspension in
contorted positions, and being forced into unnatural positions like kneeling or immobilization.
The International Committee of the Red Cross reported that detainees in US custody were
subjected to prolonged stress positions, sometimes for days or months, resulting in denial of
toilet access and allegations of having to defecate and urinate on themselves. Nudity was also
described as a form of torture endured by detainees for weeks to months.

3. Prolonged solitary confinement, confinement in small space

Detainees are subjected to various forms of torture, including being forced to kneel or sit
immobilized for extended periods, hanging by their wrists, and being pushed to the point of
collapse by repeatedly standing up and sitting down. The ICRC report also highlights the use of
prolonged solitary confinement and incommunicado detention lasting for several years. These
practices inflict severe physical and psychological suffering on the detainees, further
emphasizing the gravity of the human rights violations.
CASE STUDY: PRISONERS IN GUANTANAMO BAY- USA
In 2002, approximately 600 individuals from various countries were secretly held in
Guantanamo Bay, a US Navy facility near Cuba. They were deemed enemies and linked to the
9/11 attacks. Their governments were unaware of their imprisonment, and families learned about
it through media reports. The detainees were isolated from the outside world, including their own
countries' officials. No trials were held, and they underwent interrogations by the US army to
determine their ongoing detention. Amnesty International exposed the violations of laws and
human rights at Guantanamo Bay, including the denial of necessary prisoner treatment. Despite
protests and calls for closure, the prison remains operational with some detainees, and its future
remains uncertain.

LAWS AGAINST TORTURE IN INDIA

 Article 21 safeguards right to life and personal liberty accept according to the procedure
established by law. It is thus a constitutional guarantee against torture assault or injury.
 Article 20 (2) protection against double jeopardy.
 Section 50 of the CrPC, 1973: also provides the arrested person the right to seek bail.
 Section 25 of the Indian Evidence act 1872: ensures that no confession made to a police officer
can be used to prove any offence against him.

LAWS AGAINST TORTURE IN USA

 Fourth amendment in bill of rights: right to be free of unreasonable search for seizure which
encompasses the right not to be abused by the police.
 Fifth amendment of bill of rights: right against self incrimination this includes the right to
remain silent during interrogation.
 Eighth amendment of bill of rights: right to be free of cruel or unusual punishment.
 Fourteenth amendment of bill of rights: guarantees due process ensuring fundamental fairness
in criminal justice system.

Current Scenario in India and US

Police brutality resulting in custodial deaths and torture is rampant in both the US and India.
Recent incidents such as the death of George Floyd in the US and a father-son duo in Tamil
Nadu, India, have highlighted the barbarity of police officials towards detainees. The issue
demands immediate redressal as countless examples of such violations of human rights continue
to occur.

CONCLUSION
Torture, perpetrated by government authorities, is a barbaric act that contradicts their role as law
guardians. It has existed throughout history, from aristocrats to colonial masters and modern
nations. International organizations have established agreements against torture, yet some
nations, including India and the US, still employ it for confessions and obtaining information.
Loopholes in laws contribute to its persistence. However, there is hope for its eradication through
coordinated efforts, aligning laws, government intentions, and the pursuit of justice.