The Tortured Bill – An Analysis of the Prevention of Torture Bill, 2010

Journal of Indian Law and Society, Vol. 2, Winter 2011

8 Pages Posted: 19 Aug 2014

See all articles by Jitendra Soni

Jitendra Soni

KIIT University - KIIT School Of Law

Kanad Bagchi

Max Planck Institute for Comparative Public Law and International Law

Date Written: 2011

Abstract

A special legislation aimed at ratifying the Convention against Torture and criminalizing act of torture in domestic law, eventually fails to meet even the minimum standards laid down in international law. This is the saga of Prevention of Torture Bill, 2010 which was passed by Lok Sabha off lately. The present note attempts to summarize and critically evaluate the three most important aspects of the Bill which requires proper debate, i.e. first the definition of torture, secondly the punishment for torture and lastly cognizance of torture. It is argued by the authors that though the intention of legislature is to define torture and to provide for its punishment, the bill in the present form fails to establish a strong and credible legal framework for the prevention of torture.

Suggested Citation

Soni, Jitendra and Bagchi, Kanad, The Tortured Bill – An Analysis of the Prevention of Torture Bill, 2010 (2011). Journal of Indian Law and Society, Vol. 2, Winter 2011, Available at SSRN: https://ssrn.com/abstract=2481893 or http://dx.doi.org/10.2139/ssrn.2481893

Jitendra Soni

KIIT University - KIIT School Of Law ( email )

PATIA
P.O. KIIT
Bhubaneswar, Orissa 751024
India

Kanad Bagchi (Contact Author)

Max Planck Institute for Comparative Public Law and International Law ( email )

Im Neuenheimer Feld 535
69120 Heidelberg, 69120
Germany

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