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Report No. 273

A. National Commission to Review the working of the Constitution

3.4 The National Commission to Review the Working of the Constitution (2002) set up by the Law Ministry specifically recommended for 'prohibition of torture and cruel, inhuman or degrading treatment or punishment' as one of the additions to the fundamental rights chapter as Article 21(2) on the basis of the dicta laid down in various Supreme Court judgments in recognition of torture in our constitutional jurisprudence.

3.5 In the relevant portion of the Commission's Report it is stated:-

"3.9 Rights against torture and inhuman, degrading and cruel treatment and punishment.

3.9 Rights against torture and inhuman, degrading and cruel treatment and punishment grossly violate human dignity. The Supreme Court has implied a right against torture, etc. by way of interpretation of Article 21 which deals with Right to life and Liberty. The Universal Declaration of Human Right 1948 and the ICCPR prohibit such acts in Art. 5 and 7 respectively. It is therefore, recommended that the existing Art.21 may be numbered as Clause (1) thereof and a new clause should be inserted thereafter on the following lines-

"(2) No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment."



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




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