I recently attended a meet observed as part of the International Anti-corruption day. it had three spokespersons who gave very informative and thought provoking lectures. I will try to reproduce the same , concise but will try to bring the same impact.I will write it in three parts.
The first speaker was an eminent legal expert, who has seen and read law from the time the Indian constitution was drafted. Here goes.
There is no act or bill in the Indian constitution to counter atrocities or torture.what is the legality of torture in the constitution? Lets start with some facts. The constitution is the highest law of the country. Torture includes both physical and mental torture. According to the Indian Penal Code, section 319 defines Hurt as whoever causes injury to body, mind or reputation. But the code never mentions anything about torture. So is torture legal? the answer is obvious. No, torture is an inhuman activity.
How is it illegal? Let us step back in time. the year 1899. The first Hague Peace convention bans the use of 'Dum Dum' bullets. Why? Dum Dum bullets were no ordinary bullets, once shot they would pierce the victim and using the body heat explode ripping the body beyond recognition. The bullet was banned as it was inhuman killing ( KK input: oh there is humane killing too??Well according to the warring nations a soldier killed during the battle with a normal bullet is humane..anyway back to the speech). Year 1907. The second Hague Peace convention bans poison gas for the same reasons ( it was generously used in the world wars but come on respect the convention) Year: back to 2011. All countries agreed to these two.
So Indian constitution like many around the world is completely against, hurting , injuring or harming people. So torture inturn becomes illegal. END
I have not given the examples give by the expert so just read these cases during your free time. One Khadhar Nassir Shah case, two Mcnaaught question and answers; and the IPC by Macalay. Peace
** Due apologies for the sarcastic additions.
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