LLM Notes: The Role of the Law Commission of India in Reforming the Criminal Legal System: Addressing Torture

 Introduction

The Law Commission of India has played a pivotal role in reforming India's legal framework, including addressing critical issues such as custodial torture. Torture, particularly in police custody, remains a grave concern in India, undermining constitutional protections and human rights. While India is a signatory to the United Nations Convention Against Torture (UNCAT), it has yet to ratify it, leaving gaps in its domestic legal framework. The Law Commission has made significant recommendations to bridge these gaps and align India's laws with international standards.

Law Commission's Contributions on Torture

The Law Commission of India has addressed torture through various reports, most notably its 273rd Report (2017) and 152nd Report (1994), which proposed comprehensive reforms to prevent custodial torture and ensure accountability.

273rd Report: UNCAT Implementation

The 273rd Report focused on India's obligations under UNCAT and recommended the enactment of standalone anti-torture legislation. Key proposals included:

• Definition of Torture: Expanding the definition to include physical, mental, or psychological injuries caused intentionally or involuntarily by public servants or individuals acting with their consent.

• Punishments: Stringent penalties for acts of torture, including life imprisonment and fines for severe cases.

• Compensation for Victims: Courts were advised to award compensation based on the nature, extent, and socio-economic background of victims to cover medical treatment and rehabilitation.

• Burden of Proof: Amendments to the Indian Evidence Act were recommended to presume injuries sustained in custody as inflicted by police unless proven otherwise.

• Protection Mechanisms: Effective measures to safeguard victims, complainants, and witnesses from threats or ill-treatment during trials.

152nd Report: Custodial Crimes

The 152nd Report highlighted systemic issues contributing to custodial torture, such as organizational flaws within the police force and inadequate safeguards during arrests. Recommendations included:

• Splitting police functions into separate units for law enforcement and investigation to reduce conflicts of interest.

• Amending procedural laws like the Code of Criminal Procedure and Indian Penal Code to strengthen safeguards against custodial violence.

• Introducing mandatory medical examinations for arrested persons and ensuring accountability for officers involved in custodial crimes.

Challenges in Implementation

Despite these recommendations, several hurdles persist:

1. Delay in Ratifying UNCAT: India's reluctance to ratify UNCAT stems from concerns about international scrutiny and the absence of enabling domestic legislation.

2. Lack of Comprehensive Legislation: The Prevention of Torture Bill, 2010, introduced in Parliament, failed due to its narrow scope and lack of alignment with international standards.

3. Weak Enforcement Mechanisms: Existing constitutional protections under Article 21 and judicial guidelines (e.g., D.K. Basu v. State of West Bengal) are often inadequately enforced.

Recommendations for Reform

To address these issues effectively, the following measures are essential:

• Enactment of Anti-Torture Legislation: A robust Prevention of Torture law should be passed, incorporating stringent penalties, victim compensation mechanisms, and provisions for witness protection.

• Ratification of UNCAT: Ratifying UNCAT would reinforce India's commitment to international human rights norms and facilitate extradition processes.

• Police Reforms: Splitting investigative and law enforcement functions within the police force can reduce custodial violence and improve accountability.

• Judicial Oversight: Magistrates should actively monitor investigations involving police custody to ensure compliance with legal safeguards.

Conclusion

The Law Commission of India has made significant contributions toward addressing custodial torture by proposing legislative reforms, enhancing accountability mechanisms, and advocating alignment with international standards. However, the government's reluctance to implement these recommendations fully undermines progress. Enacting comprehensive anti-torture legislation and ratifying UNCAT are imperative steps toward eliminating custodial violence and upholding India's constitutional commitment to human dignity.

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