India must Ratify UN Convention against Torture and Reform Laws : Redress Report tabled before 59th Human Rights Council in Geneva
- Vineet Malik
- Jul 7
- 5 min read
By Vineet Malik | July 7, 2025 | India
India has faced flak at the 59th United Nations (UN) Human Rights Council (HRC59) in Geneva, Switzerland for getting exposed for abusing the laws to torture the victims.
A London and the Hague based Human Rights Non-Governmental Organization (NGO) – “The Redress” submitted its comprehensive report last week in the ongoing session in Geneva.
The appalling findings of the report accused India for abusing its laws to extract confessions, silence dissent and punish marginalized groups with a plea to urgently reform Indian laws and ratify the UN Convention against Torture.
The report with the title “Torture Normalized : State Violence in India” questions the non-existence of basic human rights and the rule of law in India.
Incidents of physical and sexual violence along with custodial deaths are recorded for years in India.
Indian legal frameworks that provides certain safeguards for individuals are only an eyewash and a pretence to defeat the administration of justice and the rule of law.
Recent criminal laws reforms are criticized for expanding police powers and diluting protections.
The gap between India’s legal framework and its implementation due to systemic disregard for due process and weak judicial oversight is alarming.
The Parliamentary Committee as far back as 1964 had said “Corruption exists in the lower ranks of the judiciary all over India and in some places, it has spread to the higher ranks also."
State Violence is shrinking Civic Space
Restrictions on the functioning of civil society organisations and curbs on freedom of speech, association and assembly have been accompanied by the use of arbitrary arrests and torture to silence dissenting voices, including human rights defenders, activists and journalists.
Even during peaceful demonstrations, authorities show complete disregard for international standards on the use of force, with both lethal and less-lethal weapons used indiscriminately against protestors – resulting in hundreds of deaths.
The Unlawful Activities (Prevention) Act (UAPA) allows individuals and organizations to be designated as “Terrorists” and further criminalised for ‘unlawful activities’ such as causing disaffection against India.”
The law permits extended pre-trial detention and imposes stringent bail conditions that make release significantly difficult. This leads to bogus criminal prosecution under the law that often becomes a form of punishment itself, as recognised by the Supreme Court of India.
Marginalized Communities particularly Scheduled Castes (Dalits) and Scheduled Tribes (Adivasis) are impacted by state violence. Despite constitutional and legislative protections, these groups continue to go through systemic discrimination, torture and other forms of violence.
The report has highlighted true account of dismal situation over severe beatings, sexual violence, caste based verbal abuse and other forms of ill-treatment in police custody.
Religious Minorities
Muslims, Christians and Sikhs also face huge risks of torture, extrajudicial killings and other forms of abuse by State actors.
Discriminatory and nationalist rhetoric and policies have made such violence increasingly acceptable.
Vulnerable Regions Suffer from Widespread Systemic Violence
Regions such as Chhattisgarh, the India-Bangladesh border, the Union Territory of Jammu and Kashmir and India’s north-eastern border – Manipur are considered most sensitive for contributing an atmosphere of heightened inter-ethnic violence.
States, under the guise of combatting insurgency and terrorism have time and again committed torture, extrajudicial killings and enforced disappearances on a regular basis.
Indian authorities justify such violations by relying on the Armed Forces Special Powers Act (AFSPA) and the UAPA which – despite having the features of empowering measures, operate in absence of a formal declaration of a state of emergency and remain in force for prolonged time.
The Government through the AFSPA designate certain areas as ‘disturbed’, thus granting the armed forces extensive and unchecked powers to arrest, search and use lethal force against people in these locations.
The AFSPA facilitates widespread killings and acts of torture by the armed forces and allows for such acts to be committed with impunity.
The UN bodies and experts have repeatedly called to repeal or amend the AFSPA and the UAPA, which are still in force and remains unchanged till date.
Impunity for Torture Remains the Norm
Mechanisms to receive complaints and conduct investigations into torture and other State abuses only exist on paper.
Justice and accountability remain largely out of reach for victims and survivors.
Victims face harassment, intimidation or even further violence for attempting to report complaints.
The situation remains unchanged despite Indian Supreme Court recognising the culture of impunity for torture deeply rooted in the military and police forces.
Police Delay or Refuse to Register First Information Reports
Police authorities, despite several landmark judgments ruled by the Constitutional courts blatantly ignore such rulings that often gives a feeling of living in a ‘Jungle State’ or ‘Lawless State’.
If any investigations occur, they are often marred by delays, poor documentation and lack of independence, with police officers often interfering or trying to cover-up their own abuses.
External complaints bodies such as the Police Complaints Authorities – which are meant to be independent – where operating, continue to heavily rely on police personnel to investigate their own colleagues, undermining impartiality.
Similarly, the National Human Rights Commission (NHRC) has proven largely hamstrung, despite receiving a high volume of complaints.
It issues recommendations in relatively few cases, rarely calling for disciplinary action and has failed to prosecute the perpetrators.
Even when compensation has been awarded to some victims, the NHRC has failed to enforce its own recommendations.
The Revelation exposed India's National Human Rights Commission through an exclusive news story in April this year. Despite assigning a Diary Number, NHRC has failed to take any action till date.
Barriers to Accountability
Additional barriers to accountability are the requirement of prior sanction before State authorities can be prosecuted and the wide immunities applied to the armed forces and to State officials carrying out counter-terrorism operations.
Under the leadership of Indian Prime Minister – Narendra Modi, the Indian Code of Criminal Procedure changed to the Bhartiya Nagarik Suraksha Sanhita (BNSS).
As per the new law, proceedings cannot be commenced against public servants, including police officers, without prior approval from the State or Central Government.
This is a major obstacle to accountability as such permission is rarely granted.
The UN treaty bodies and experts are concerned about such normalization of torture and impunity for perpetrators in India.
“The threat to human rights and bodily integrity are the highest in police stations” ~ N V Ramana – former Chief Justice of India.
“Custodial Violence and torture is so rampant in this country that it can be seen embedded in the normal way of life” ~ NHRC.
Failure to Ratify UN Convention against Torture (UNCAT) and Other Cruel, Inhuman or Degrading Treatment or Punishment and Criminalise Torture
Despite repeated calls from international bodies and States since it signed UNCAT in 1997, India has yet to ratify the treaty.
Even without ratifying UNCAT, India remains bound by the absolute prohibition of torture.
"The Redress" prepared the report in consultation with legal practitioners and civil society members with expertise on torture related subject matter in India.
The publication of the report received support from the European Union (EU) and the United Against Torture Consortium Initiative (UATC).
Full Report on “Torture Normalized : State Violence in India” prepared by "The Redress" can be read here.
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