‘Prevention of Torture Bill’
Today (June 1, 2010) I was happy to read the news that the ‘Prevention of Torture Bill’ passed by Lok Sabha on the night of May 6 after home minister P. Chidambaram had presented it as a prelude to India’s ratification of the convention signed by it way back in 1997.The bill is due to be introduced in Rajya Sabha in the next session. The bill sneaks in a concession to the security personnel accused of causing grievous hurt to suspects in their custody. The stipulation that the courts can take cognizance of a torture complaint against public servants only within six months of the alleged offence – is contrary not only to CAT (UN Convention Against Torture) but also to the general scheme of Indian criminal laws.
Besides defining ‘torture’ in terms of grievous hurt, the bill makes public servants liable to imprisonment up to 10 years, which is also the maximum penalty under the Indian Penal Code for grievous hurt inflicted by anybody.
The 6 months limit set for the victims of torture to come up with their complaints is, therefore, a departure from Criminal Procedure Code, which makes it clear that for offences punishable with sentences exceeding 3 years, there shall be no limit whatsoever on when those cases can be booked.
Human rights defenders are disappointed that while acknowledging the existence of the problem, the bill failed to provide any mechanism to monitor ‘detention centers’ where suspects are vulnerable to being tortured.
Law Commission in 1995 recommended that the burden of proof in torture cases should be on the accused police officials. The Law Commission’s recommendation to amend the Indian Evidence Act for this purpose has been gathering dust, because the security lobby is vehemently opposed to such a reform.
The govt pushed the Bill just around the time, the Supreme Court likened forcible administration of Narcoanalysis to torture. So, the pains taken by the govt to exempt ‘’any pain, hurt or danger….inflicted in accordance with any procedure established by Law or justified by Law’’ from the purview of the torture bill, seems out of tine with the Supreme Court’s verdict.
‘‘Torture Bill gives cops scope to get off hook’’
Power of Positive Sentiments
Power of positive sentiments is great. They do wonders and grant life, strength
and what not ! Love, care and protectiveness are 3 powerful sentiments that
can transform lives miraculously.
Being protective means that we care for the person and are always there to
support her / him in the hour of need. We can be caring and protective from
distance also. Giving moral support, talking positive things, making aware about
dangers, showing and discussing positive & constructive ways, providing feasible
help - in terms of financial or any other required help - can be our protective
and caring gestures and actions for the person we love and care for..
Same way love is a part or another form of protectiveness and care. It doesn't harm anyone instead it boosts up the morale of the other person, makes him / her feel strong, fills with lots of confidence and enthusiasm. Love, care and protectivity - these positive sentiments are so lofty, pious and serene - that they grant / instill life & energy in a person and inspires him to face the calamities bravely with a heart strong and move ahead steadily.
At times, another person may feel that s / he has got dependent because of the care and love of the guardian. But the reality is far far away. These positive
gestures and time to time help never make a person dependent or crippled.
Had the person in need, not got that care and protective touches at the crucial
times, s /he might become insecure, shaky for ever due to scary phases, stress and
unpleasant burdens. At such scary moments if a person is left alone without any
soft and caring touch - s/ he may suffer from lack of confidence, indisiveness,
and other unforeseen psychological problems.
If a person is by birth carries lack of confidence, insecurity and vulnerability,
these things lessen upto a great extent with love and care. They might have
intensified, had there been no loving and caring support at the required times.
Reactions of love, care and protectiveness are always positive and life granting.
Lots of results and reactions count on the recipient too - not only on the doner
or giver. As the ''rain drop'' of ''Swati nakshtra'' is a divine, positive thing. It
transforms into different things as per the quality and reaction of the receiver
on the earth as when the rain drop falls on a banana leaf, it turns into a camphor, when it drops in the mouth of snake, it becomes poison and if it
falls in a sea shell, it transforms into a pearl. So the doner or giver is simply showering love and care as per the other person's requirement. God gives
us love and protection, now it is upto us, how we use and utilize it.
So the pious and positive sentiments and gestures should never be questioned or blamed. They are for betterment, upliftment and strength, never harm anybody.