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Report No. 273

Chapter III

Examination of issues relating to Torture by various Commissions

3.1 Torture is "is not merely physical, there may be mental torture and psychological torture calculated to create fright and submission to the demands or commands."63

3.2 The World Medical Association, in its Tokyo Declaration, 1975, defined "torture" as "the deliberate, systematic or wanton infliction of physical or mental suffering by one or more persons, acting alone or on the orders of any authority to force another person to yield information, to make a confession or for any other reason."64

3.3 In Mehmood Nayyar Azam v. State of Chhattisgarh, 65 the Court referred to the dictionary meaning of 'harassment' while dealing with harassment in custody observed:

"In P. Ramanatha Aiyar's Law Lexicon, Second Edition, the term "harass" has been defined, thus: -

"Harass. "injure" and "injury" are words having numerous and comprehensive popular meanings, as well as having a legal import. A line may be drawn between these words and the word "harass" excluding the latter from being comprehended within the word "injure" or "injury". The synonyms of "harass" are:

To weary, tire, perplex, distress tease, vex, molest, trouble, disturb. They all have relation to mental annoyance, and a troubling of the spirit." The term "harassment" in its connotative expanse includes torment and vexation. The term "torture" also engulfs the concept of torment. The word "torture" in its denotative concept includes mental and psychological harassment. The accused in custody can be put under tremendous psychological pressure by cruel, inhuman and degrading treatment."

Implementation of United Nations Convention against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment through Legislation Back

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