Civil Liberties ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ascertaining the genuineness or otherwise of the encounters. The Commission disposed of 46 cases after considering the reports received from the State authorities. D] Torture 3.32 “Torture is wound in the soul so painful that sometimes you can almost touch it, but it is also so intangible that there is no way to heal it. Torture is anguish squeezing in your chest, cold as ice and heavy as a stone, paralysing as sleep and dark as the abyss. Torture is despair and fear and rage and hate. It is a desire to kill and destroy including yourself” ………..Adriana P. Bartow The protection of an individual from torture and abuse by the police and other law enforcing officers is a matter of deep concern in a civilized society. The word ‘torture’ has become synonymous with the darker side of human civilization. We must remember what was said in D.K. Basu vs. State of West Bengal [1997 (1) SCC 416] – “whenever human dignity is wounded, civilization takes a step backward – flag of humanity must on each such occasion fly half-mast.” 3.33 The Commission expressed itself strongly about the need for India to accede to the Convention against Torture and other Cruel, Inhuman and Degrading treatment or punishment as early as in 1994-95. Subsequently, it submitted a comprehensive memorandum to the Prime Minister of India followed by a high level meeting. Commission’s memorandum, it appears, contributed to a large measure for India signing the Convention on 14th October, 1997. 3.34 More than 8 years have gone by since India signed the Convention, but so far ratification, despite repeated urgings of the Commission, is still awaited. The Commission has been continuously urging the Governmnet of India for ratification of the Convention against Torture. In October, 2003, the Commission was informed by the Government of India, in response to its communication, that a draft Cabinet Note for ratification of the Convention against Torture was under consideration. Subsequently, on a reminder being sent by Commission in April 2004 and again in 2005, the Ministry of Home Affairs vide its letter dated 19th September 2005, informed the Commission that Ministry of External Affairs had constituted an Inter-Ministerial Group under the Chairmanship of AS (UN), comprising of representatives from the MHA, Ministry of Law and L&T Division of the MEA to go into the question of early ratification of the Convention and for steps required to be taken in that behalf. The Ministry of Home Affairs informed the Commission that ratification of the Convention could be taken only after the recommendations of the Inter Ministerial Group are received. 3.35 The Commission urges the Central Government for an early ratification of this important Convention to fulfil not only its obligation under the international humanitarian law but also to honour the promise made by the Permanent Representative of India to the United Nations, at the time of signing the Convention, namely, that India would “uphold the greatest values of Indian 16 AR-Chapter-1-19-10-6-06.p65 National Human Rights Commission Annual Report - 2004-2005 36 7/17/06, 6:29 PM