Extradition Challenges
The UK court ruling in the Sanjay Bhandari case and Tahawwur Rana's US Supreme Court appeal highlight concerns about extradition to India due to alleged torture.
Bhandari, facing Indian prosecutors for tax evasion and money laundering, and of Rana, whose extradition is sought for his role as a conspirator in the 26/11 Mumbai terrorist attack
Both cases cite credible evidence of custodial torture in India and India's failure to ratify the UN Convention against Torture (UNCAT).
India's Contradictory Stance
India initiated early UN anti-torture declarations, but refuses to ratify UNCAT, placing it with authoritarian regimes.
Articles 51(c) and 253 of the Indian Constitution mandate respect for international treaties, yet India hasn't ratified UNCAT.
Domestic Calls for Anti-Torture Law
The Rajya Sabha, Law Commission, and Human Rights Commission have all recommended a comprehensive anti-torture law.
Article 21 of the Constitution, which guarantees the right to life and personal liberty, has been interpreted by the Supreme Court to include freedom from torture.
Judicial Inaction
Despite judicial pronouncements against torture, the Supreme Court has not effectively pushed for legislation.
This inaction is considered an abdication of its responsibility to ensure legal certainty and provide remedies.
Implications for India's Reputation
The extradition cases and lack of anti-torture law damage India's claim as a defender of human rights.
Torture undermines democracy and India's aspiration to be a moral leader.
The lack of action shows a failing of the political system.
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