Statement by India at the Universal Periodic Review (UPR) Working Group 27^th Session (1-12 May 2017) on Convention against Torture: 3^rd UPR of India. [Geneva, 4 May 2017]

I, now, would reflect on the status of ratification of the Convention against Torture by India. Let me reiterate that India remains committed to ratifying the Convention. 

2. We have engaged all the relevant stake holders into productive debate and discussion inviting comments on the modalities for ratification, including bringing an enabling legislation for ratification of Convention. In the  light of the suggestions received from all the stakeholders including the State Governments, the Government of India requested the Law Commission of India to give comprehensive proposals for necessary enabling legislation so that it enables us to ratify the Convention.

3. Concerns were expressed, Mr. Chair, about the non-ratification of the Convention. Non-ratification of the Convention does not mean that there is inadequate protection under Indian Law against Torture. As highlighted by the leader of the delegation in his Opening Remarks, Indian law prohibits torture. The right to life enshrined in Article 21 of the Constitution encompasses the right to live with dignity. The Indian Penal Code prescribes stringent punishment for offences that may amount to Torture or Cruel, Inhumane or Degrading treatment.

4. The Supreme Court  of India has, through landmark judgements, laid down specific rules and guidelines that police must follow while making arrests, that include the right to be examined by a medical officer and signing of “Inspection Memo’ which are intended to provide effective protection and safeguards.

5. Nonetheless, we are in the process of bringing out a very comprehensive legislation to pave the way for Ratification.

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