Governments are perpetrators of torture: SC judge

New Delhi: Supreme Court judge A K Sikri on Monday held governments responsible for "perpetrating" torture in India and said to maintain human dignity, torture needs to be prohibited.

Speaking at a seminar on 'Torture, International Law and Human Rights', he said there was a need to tackle the issue which includes infliction of physical and mental pain on prisoners and accused.

"To maintain human dignity, torture needs to be prohibited but in our country, governments are the perpetrators of torture," he said.

Quoting the European Commission, Justice Sikri said it had in one of the cases held that torture constitutes an aggravated and deliberate form of inhuman treatment which is directed at obtaining information or confessions.

Terming the issue as critical, he said, "Earlier, incidents of rape of women and torture of men during custodial interrogation were prevalent but not recognised. Now they are recognised. It leaves a scar on the mind of victims which needs to be tackled." At the seminar organised by Jindal Global Law School (JGLS) in collaboration with Indian Law Institute (ILI), the varsity's VC C Raj Kumar said it aimed to provide a platform to debate on the issue of torture inflicted on individuals in custody or otherwise by persons in positions of power.

"It is a burning issue. We (Indians) need to globally participate in the issue as it is critical," he said.

Law Secretary P K Malhotra said it is an important topic and many allegations are made against India that we are not respecting the law.

"Right to protection against torture is the most fundamental human right. India is one of those countries where the law prohibits all forms of exploitation and degradation of men. The obligation of state is absolute," he said.

He also mentioned about the provisions in the Indian Penal Code saying, "sections 166, 330, 331, 357 and 503 of the IPC are sufficient provisions to deal with the torture by public servants on individuals."