Annual Report - National Human Rights Commission

A Review of Laws
○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○
○
the existing prohibition by a number of supporting measures. The Right against Torture has
been judicially recognized by the Apex court as a Fundamental Right.
17.15 The Commission has been requesting the Government of India to ratify the ‘Convention
against Torture and other forms of Cruel Inhuman and Degrading Punishment or Treatment’,
which was signed by India on 14-10-1997 on the recommendation of the Commission. The
Convention entered into force on 26-06-1987 (Article 27).
17.16 In October, 2003 the Government of India informed the Commission that the draft cabinet
note for ratification of convention against torture is under examination. The Commission has
been reminding the Government to expedite action regarding this.
17.17 The Ministry of Home Affairs has in its letter dated 10-09-2005 informed that the Ministry
of External Affairs has constituted an Inter-Ministerial Group under the Chairmanship of AS(UN),
comprising of representatives from the MHA, Ministry of Law and L&T Division of the MEA
to go into the question of early ratification and steps required for this purpose. The MHA has
informed that the action on ratification of the Convention could be taken only after the receipt of
the recommendations of the group.
17.18 The Commission would therefore, again like to reiterate for early ratification of the UN
Convention against Torture.
2] The 1977 Protocol additional to the Geneva Convention of 1949
17.19 India ratified the four Geneva Conventions of 1949 in 1959 and enacted the Indian
Geneva Conventions Act in 1960 incorporating them in the Indian legal system. The four Geneva
Conventions of 1949 were considerably supplemented by two additional protocols adopted in
1977. Protocol I contains new rules on international armed conflicts while Protocol II develops
the rules on international humanitarian law governing non-international armed conflicts. These
protocols contain elaborate norms and provisions concerning protection of human rights in times
of armed conflicts – both international as well as national.
17.20 The Ministry of External Affairs has, vide letter dated 29-12-2003, stated that “… all
matters relating to International Humanitarian Law (IHL) including Geneva Conventions were
extensively discussed during the recent Conference of the Parties to the Red Cross Movement
and the Geneva Conventions in Geneva. The changing nature of armed conflict in the
contemporary period (Afghanistan, Iraq, conflicts in Africa, etc.), their impact on IHL and the
Geneva Conventions and the related issues are under review at the international level. In the
light of these developments, it is felt that the concerned Ministries and Agencies of the Government
including Ministry of Defence, Ministry of Home Affairs, Ministry of External Affairs and Ministry
of Law should take stock of the current realities and of our response.”
National Human Rights Commission Annual Report - 2004-2005
189
AR-Chapter-1-19-10-6-06.p65
209
7/17/06, 6:30 PM