20th May 2014 - Link
No person shall be subjected to degrading, inhuman or cruel punishment that is violative of human dignity; the duty of care to be exercised in this matter during pre-trial custody is of a much higher order. These are standards applicable to all custodial situations and to all persons, irrespective of caste, sex, race, religion, or place of birth.
Treatment in custody
The Veena Sethi case:(early 1980s)
Dr. G.N. Saibaba case:
Laws in this matter
1.UN Convention on the Rights of Persons with Disabilities (UNCRPD):
The Convention on the Rights of Persons with Disabilities is an international human rights treaty of the United Nations intended to protect the rights and dignity of persons with disabilities. Parties to the Convention are required to promote, protect, and ensure the full enjoyment of human rights by persons with disabilities and ensure that they enjoy full equality under the law.
India is a party to this convention and ratifies it.
Article 4(d): enjoins States Parties “to refrain from engaging in any act or practice that is inconsistent with the present Convention and to ensure that public authorities and institutions act in conformity with the present Convention.
Article 15(1): “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”
Article 15(2): “States Parties shall take all effective legislative, administrative, judicial or other measures to prevent persons with disabilities, on an equal basis with others, from being subjected to torture or cruel, inhuman or degrading treatment or punishment.”
Article 17: “Every person with disabilities has a right to respect for his or her physical and mental integrity on an equal basis with others.”
Under the UNCRPD:
The denial of special provisions, appropriate assistance and specialised health care access to a person with disabilities in custody, who uses a wheelchair and has special health care needs arising from chronic illness, comes firmly within the meaning of degrading, inhuman and cruel treatment in derogation of the state’s obligation to UNCRPD
2.Laws in the Indian Constitution:
Article 21 of the Constitution: denying the right to accessible facilities for personal care and hygiene is violative of the right to dignity and bodily integrity — both guaranteed under , but also under
Article 14 of the Constitution: that sets out the substantive right to equality before law
The Criminal Procedure Code (CPC):
Deals with venerability of women and provides very different standards for involvement of women in custodial situations and in criminal investigation.
There are also special standards for the treatment of women prisoners and pregnant women in custody.
Where prison and custodial facilities are not equipped at all to deal with the specific needs of persons with disabilities, arrest and detention in custody should be a measure of last resort
No person shall be subjected to degrading, inhuman or cruel punishment that is violative of human dignity; the duty of care to be exercised in this matter during pre-trial custody is of a much higher order. These are standards applicable to all custodial situations and to all persons, irrespective of caste, sex, race, religion, or place of birth.
Treatment in custody
The Veena Sethi case:(early 1980s)
- Brought to light the treatment of prisoners with mental illnesses and their prolonged incarceration for periods ranging from 16 to 30 years in custody.
- Without bringing them any substantive relief beyond release from illegal custody and transport and food expenses till they reached home.
Dr. G.N. Saibaba case:
- The conditions under which he is being held in custody.
- The fact needs close and urgent examination here is not whether he has Maoist “links” or whether he is a “sympathiser” or even whether a university professor can be harassed in this manner.
Laws in this matter
1.UN Convention on the Rights of Persons with Disabilities (UNCRPD):
The Convention on the Rights of Persons with Disabilities is an international human rights treaty of the United Nations intended to protect the rights and dignity of persons with disabilities. Parties to the Convention are required to promote, protect, and ensure the full enjoyment of human rights by persons with disabilities and ensure that they enjoy full equality under the law.
India is a party to this convention and ratifies it.
Article 4(d): enjoins States Parties “to refrain from engaging in any act or practice that is inconsistent with the present Convention and to ensure that public authorities and institutions act in conformity with the present Convention.
Article 15(1): “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”
Article 15(2): “States Parties shall take all effective legislative, administrative, judicial or other measures to prevent persons with disabilities, on an equal basis with others, from being subjected to torture or cruel, inhuman or degrading treatment or punishment.”
Article 17: “Every person with disabilities has a right to respect for his or her physical and mental integrity on an equal basis with others.”
Under the UNCRPD:
The denial of special provisions, appropriate assistance and specialised health care access to a person with disabilities in custody, who uses a wheelchair and has special health care needs arising from chronic illness, comes firmly within the meaning of degrading, inhuman and cruel treatment in derogation of the state’s obligation to UNCRPD
2.Laws in the Indian Constitution:
Article 21 of the Constitution: denying the right to accessible facilities for personal care and hygiene is violative of the right to dignity and bodily integrity — both guaranteed under , but also under
Article 14 of the Constitution: that sets out the substantive right to equality before law
The Criminal Procedure Code (CPC):
Deals with venerability of women and provides very different standards for involvement of women in custodial situations and in criminal investigation.
There are also special standards for the treatment of women prisoners and pregnant women in custody.
Where prison and custodial facilities are not equipped at all to deal with the specific needs of persons with disabilities, arrest and detention in custody should be a measure of last resort
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