The Supreme Court on April 24 took a pro-active stand on India’s urgent need to ratify its signature of 1997 to the convention on human rights so that NHRC can force a law to be enacted. The ratification is needed, argued petitioner Ashwini Kumar, to ensure an effective and purposeful legislative framework/laws and its enforcement to fulfill the constitutional promise of human dignity and prevention of custodial torture at all levels.

The bench of Chief Justice JS Khehar and DY Chandrachud heard the petitioner who appeared in person. Kumar said: “We need a separate legislation that defines torture, and to protect the rights of the prisoner and also to bring the accused people to book. All the concerned ministries were consulted, and states and different law commissions and authorities have agreed to it.”

Solicitor General Ranjit Kumar, appearing for the government said: “We have put it before the Law Commission.”

Justice Chandrachud insisted on its ratification.

Kumar pointed out that this was a concurrent subject, so the states needed to brought on board.

Justice Khehar said this was a “non-partisan issue and there is no us and them. We need to expedite the process, there are many matters in front of the Law Commission, but this is a matter that requires urgency.”

The matter has been posted for May 5.

—By India Legal Bureau