Private Member’s Bill Dumped In House
Even though the state government claims that torture is not condoned, it rejected an anti-torture bill during the summer session of the Assembly in Srinagar.
The latest WikiLeaks expose about custodial torture in Kashmir which sent shockwaves across the world has stirred debate over the need for an anti-torture law in the politically volatile state.
Legal experts and members of the legislative assembly call for serious attention on part of state government for making the much-needed anti-torture law and also implementing various judgments pronounced by Supreme Court on the issue.
Member of the Legislative Assembly, Engineer Rashid said during the summer session of the legislature in Srinagar, a private members anti-torture bill was introduced in the house to make the security forces and police accountable.
“However, it was straightaway rejected by the government,” Rashid told Greater Kashmir. “Nobody supported the bill including BJP and other parties”.
He said the anti-torture bill was meant to provide succour to the affected families whose kith and kin are being lodged in jails and torture centres without proven charges.
“During the recent unrest people were beaten by police inside lock-ups. This bill would have at least been helpful to them,” Rashid said, adding, “This would have also helped in improving the image of police and other forces since they would have been held accountable”.
Apart from Rashid, MLA Kulgam MY Tarigami and MLA Handwara were instrumental in bringing the legislation in the assembly.
“There were many good provisions in the bill. First that FIR should be allowed to be lodged against the erring cops, and victims should be produced before magistrate within 24 hours including other provisions,” he said.
“The state and the central government are talking a lot about improving human rights situation. Won’t this bill have helped in that direction”? Rashid asked.
Rashid said he would again bring the bill in the budget session of the assembly.
In a rare briefing with the then US ambassador to India, the ICRC in 2005 expressed concern over alleged human rights violations in Kashmir and spoke about torture in detention centres, though it pointed out that the situation was much better than in the 1990s.
MLA Kulgam Mohammad Yousuf Tarigami said there is a dire need for anti-torture bill in Jammu and Kashmir keeping in view the extraordinary circumstances prevailing in the state.
“There is an extraordinary situation in Jammu and Kashmir. So it’s imperative that anti-torture bill should be passed and implemented here”, he said.
Nevertheless, Tarigami said the recent anti-torture bill of which he was a part was “deferred” by the government.
“If the Government does not pay heed to the anti-torture bill on these lines, we would re-initiate the process to bring it in the assembly. “The government is awaiting the anti-torture bill to be accepted on national level. Once it’s implemented, the state authorities told us they would discuss the bill introduced by us in the assembly”, he said.
Human Rights Lawyer and Chairman of Coalition of Civil Society, Parvez Imroz said there is a need of anti-torture bill in Kashmir.
“However, we want those provisions in the bill should be translated practically on ground. But so far even the existing judgments by Supreme courts on torture are not even respected by the authorities here”.
Dr Sheikh Showkat Hussain, who teaches human right in the department of Law in Kashmir University said there is ample legal framework against torture in the form of various international instruments and Supreme Court judgements.
“The performance of the state towards this fulfilment will be based on the action rather cosmetic legislation,” Hussain said.
The latest WikiLeaks expose about custodial torture in Kashmir which sent shockwaves across the world has stirred debate over the need for an anti-torture law in the politically volatile state.
Legal experts and members of the legislative assembly call for serious attention on part of state government for making the much-needed anti-torture law and also implementing various judgments pronounced by Supreme Court on the issue.
Member of the Legislative Assembly, Engineer Rashid said during the summer session of the legislature in Srinagar, a private members anti-torture bill was introduced in the house to make the security forces and police accountable.
“However, it was straightaway rejected by the government,” Rashid told Greater Kashmir. “Nobody supported the bill including BJP and other parties”.
He said the anti-torture bill was meant to provide succour to the affected families whose kith and kin are being lodged in jails and torture centres without proven charges.
“During the recent unrest people were beaten by police inside lock-ups. This bill would have at least been helpful to them,” Rashid said, adding, “This would have also helped in improving the image of police and other forces since they would have been held accountable”.
Apart from Rashid, MLA Kulgam MY Tarigami and MLA Handwara were instrumental in bringing the legislation in the assembly.
“There were many good provisions in the bill. First that FIR should be allowed to be lodged against the erring cops, and victims should be produced before magistrate within 24 hours including other provisions,” he said.
“The state and the central government are talking a lot about improving human rights situation. Won’t this bill have helped in that direction”? Rashid asked.
Rashid said he would again bring the bill in the budget session of the assembly.
In a rare briefing with the then US ambassador to India, the ICRC in 2005 expressed concern over alleged human rights violations in Kashmir and spoke about torture in detention centres, though it pointed out that the situation was much better than in the 1990s.
MLA Kulgam Mohammad Yousuf Tarigami said there is a dire need for anti-torture bill in Jammu and Kashmir keeping in view the extraordinary circumstances prevailing in the state.
“There is an extraordinary situation in Jammu and Kashmir. So it’s imperative that anti-torture bill should be passed and implemented here”, he said.
Nevertheless, Tarigami said the recent anti-torture bill of which he was a part was “deferred” by the government.
“If the Government does not pay heed to the anti-torture bill on these lines, we would re-initiate the process to bring it in the assembly. “The government is awaiting the anti-torture bill to be accepted on national level. Once it’s implemented, the state authorities told us they would discuss the bill introduced by us in the assembly”, he said.
Human Rights Lawyer and Chairman of Coalition of Civil Society, Parvez Imroz said there is a need of anti-torture bill in Kashmir.
“However, we want those provisions in the bill should be translated practically on ground. But so far even the existing judgments by Supreme courts on torture are not even respected by the authorities here”.
Dr Sheikh Showkat Hussain, who teaches human right in the department of Law in Kashmir University said there is ample legal framework against torture in the form of various international instruments and Supreme Court judgements.
“The performance of the state towards this fulfilment will be based on the action rather cosmetic legislation,” Hussain said.
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