Lok Sabha Question No. 258 (UNSTARRED), answered on 2018-12-12
Subject: Convention Against Torture
Ministry: LAW AND JUSTICE
Asked by: A.P. JITHENDER REDDY

## GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE DEPARTMENT OF LEGAL AFFAIRS

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## LOK SABHA UNSTARRED QUESTION NO. 258 TO BE ANSWERED ON 12.12.2018

## Convention Against Torture

258.: SHRI  A.P. JITHENDER REDDY

## Will the Minister of LAW AND JUSTICE be pleased to state:

- (a)  the  steps  taken  for  torture  prevention  following  the  Law  Commission's  273rd report;
- (b)  the  comments  received  from  State  Governments  on  Law  Commission's  273rd report;
- (c)  the  steps  taken  towards  ratification  of  Convention  Against  Torture  after  India accepted recommendation of 24 countries in the third Universal Periodic Review in 2017;
- (d)  the  status  of  the  proposal  to  amend  section  330  and  331  of  the  Indian  Penal Code; and
- (e) the action taken in the case of G.N. Saibaba based on the statements made by the  UN  Special  Rapporteur  on  the  rights  of  persons  with  disabilities,  Special Rapporteur on situation of human rights defenders, Special Rapporteur on right of everyone to the enjoyment of the highest attainable standard of physical and mental health  and  Special  Rapporteur  on  torture  and  other  cruel,  inhuman  or  degrading treatment or punishment, on 28 June 2018 ?

## ANSWER

## MINISTER OF STATE FOR LAW & JUSTICE AND CORPORATE AFFAIRS (SHRI P.P. CHAUDHARY)

- (a) to (d) To ratify the 'United Nations Convention against Torture and other Cruel,  Inhuman  and  Degrading  Treatment  or  Punishment  '      'The  prevention  of

Torture Bill, 2010' was introduced  in the Lok Sabha on 26.04.2010 and passed by the Lok Sabha on 07.05.2010. when the bill was taken up for consideration in Rajya Sabha it was referred to the select committee which recommended certain additions and modifications in the Bill. However the Bill lapsed on dissolution of the 15 th Lok Sabha on 18 th May, 2014.

2. Thereafter a proposal was formulated to amend the existing sections 330 and 331 of the IPC to include 'torture' therein.  This was forwarded to Law Commission of India, on 31.05.2017, seeking his comments on the adequacy and legislative intent of the proposed amendments.  The  Law  Commission  after examining this Ministry's draft formulation vide their D.O letter dated 30.10.2017 has submitted its 273 rd report on implementation of 'United Nations Convention against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment' wherein they  have  recommended  for  a  standalone  legislation  and  to  make  consequential amendments in the Code of Criminal Procedure, 1973 and the Evidence Act,1872. The Law Commission of India has also presented a draft bill titled 'The prevention of Torture Bill,2017'.
3. As  the  Criminal  Laws  are  in  the  concurrent  list,  this  report  of  the  Law Commission along with the draft Bill was circulated to   all the State Governments /UTs on 28.02.2018. Till date comments of 4 States (Meghalaya,Jharkhand, Sikkim and Himachal Pradesh) & 2 UT (Chandigarh and Andaman and Nikobar) have been received  wherein    they  agree  with  the  recommendations  given  by  the  Law Commission. Rest of the State Governments /UTs have again been reminded on 27.11.2018 to furnish their views on the Law Commission's report. A decision in the matter  can  only  be  taken  after  the  receipt  of  the  comments/view  of  all  the  State Governments.
3. (e) The  information  is  being  collected  and  will  be  laid  on  the  Table  of  the House.