Consider the following statements regarding India and the United Nations Convention against Torture (UNCAT):

Statement I: India was one of the first countries to ratify the United Nations Convention against Torture (UNCAT).

Statement II: India initiated Resolution 32/64 against Torture in the UN General Assembly and has ratified other international treaties, including the Universal Declaration of Human Rights (1948) and the International Covenant on Civil and Political Rights (1976).

Which one of the following is correct in respect of the above statements?

  1. Both Statement I and Statement II are correct, and Statement II is the correct explanation for Statement I.
  2. Both Statement I and Statement II are correct, but Statement II is not the correct explanation for Statement I.
  3. Statement I is correct, but Statement II is incorrect.
  4. Statement I is incorrect, but Statement II is correct.

Answer (Detailed Solution Below)

Option 4 : Statement I is incorrect, but Statement II is correct.

Detailed Solution

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The correct answer is option 4.

In News

  • India’s non-ratification of UNCAT has been cited in extradition cases like Sanjay Bhandari (UK) and Tahawwur Rana (US) due to concerns over custodial torture.

Key Points

  • India has signed but not ratified UNCAT due to the absence of a dedicated anti-torture law.
    • This has led to international criticism and rejection of some extradition requests.
      • Hence, Statement I is incorrect.
  • India proposed Resolution 32/64 in the UN General Assembly against torture.
    • It has ratified other major human rights treaties, including the Universal Declaration of Human Rights (1948) and the International Covenant on Civil and Political Rights (1976).
      • Hence, Statement II is correct.

Additional Information

  • Why hasn’t India ratified UNCAT?
    • No standalone anti-torture law exists in India.
    • Attempts like the 2010 Prevention of Torture Bill were never enacted.
  • Consequences of Non-Ratification:
    • India’s extradition requests face rejection due to custodial torture concerns.
    • UK and US courts have cited India’s lack of legal safeguards against torture.
  • Way Forward:
    • Enact an anti-torture law in line with UNCAT.
    • Strengthen human rights protections to address global concerns.
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