However, it was indicated to the Commission by the Central Government that, at a
Conference of Chief Ministers on 5 August 1995, the "majority" of Chief Ministers were
either not in favour of India becoming a party to the Convention or hadaot indicated
their views on the matter. The Commission, accordingly, got in touch directly with the
Chief Ministers advising them that it would be strange indeed, in this day and age, if
their States were viewed as continuing to countenance torture. ,The Commission also
drew attention to the Supreme Court's views, notably in the case of Kishore Singh vs
State of Rajasthan (AIR 1982 SC 625) that 'nothing is more cowardly and-unconscionable than a person in police custody being beaten up, and nothing inflicts a deeper
wound on our constitutional rights."
3.29 -,The Commission next took its campaign to the leadership of political parties.
In a discussion with them at the Comrnission's Headquarters it urged them to find place
for lhis important matter in their Election Manifestos. The Commission was therefore
gratified to note that the Common Minimum Programme of the United Front Government
included a statement to the effect that 'the United Nations Convention on Torture will
be adopted." In light of this, the then Chairperson of the Commission wrote to the newly
elected Prime Minister, Shri H.D.Deve Gowda, on 2 August 1996, urging early accession
to the Convention. A reply was, however, received from Shri Deve Gowda, dated 15
September 1996, observing that there were 'reservations among some States in regard
to allowing an international agency to interfere in the internal affairs of the countrynand
pointing out that there was need to
the- States with us" since the main
responsibility for implementing the Convenlion would "be at the State levelu.
"cab
In response, the present Chairperson of the Commission addressed a letter to
Shri Deve Gowda on 7 January 1997 expressing the conviction of the Commission
that such apprehensions could readily be ovsrcome if the terms of the Convention were
fully and properly explained to those who might, at present, be unclear as to the
implications of accession. The Chairperson also requested that a meeting be called
at the highest level to consider this important matter which was high on the agenda
boh of the Government and of the Commission.
3.30
3.31 Such a meeting has been schedulec for 4 April 1997, at which the Chairperson
will make available to participants, who will include the Foreign Minister, the Home
Minister, the Law Minister and the AttorneyGeneral, a comprehensive paper which will
define the issues involved and urge accession on three accounts. First, the Constitution, the laws and the rulings of the apex court of the country have already set
standards of conduct and accountability that are no less demanding than those that