Open Access Research Article
TORTURE AGAINST HUMANITY: A COMPARITIVE STUDY OF ANTI – TORTURE LAWS IN INDIA, PHILIPINES AND SOUTH AFRICA
Abstract
India has signed the UN Convention
against Torture, however has not ratified it nor created a freestanding offence
of torture. Protection in custody derives from Constitutional Interpretation,
Guidelines from DK Basu and General Offence Provisions for injury and
detention. This paper analyses the common law approach to torture, compared to
statutory approaches in South Africa (Act 13 2013) and Philippines (Republic
Act No 9745 2009). The methodology is doctrinal and comparative. This paper
will analyse how torture is defined, command responsibility, exceptions related
to admissibility, remedies and supervision. It was found that all countries
prohibit torture constitutionally. However, there are differences in how this
is achieved. Philippines has created a statutory definition, superior liability
and explicit exclusionary rule. South Africa has created a statutory offence
with an exclusionary clause in the Constitution. India has no named offence or
statutory exclusionary rule. Additionally, there is a provision about
discovery. This paper argues that legislative stagnation has resulted in no
statute being created. It recommends the creation of a prevention of torture
act using Parliaments concurrent powers to legislate on criminal law. Keywords:
Custodial torture, UNCAT, confessions, exclusionary rule, command
responsibility, comparative Constitutional Law.
Published Paper
Author Details
Authors: LAVANYA SAHURegistration ID: 1013545 | Published Paper ID: IJLRA13545Approved ISSN: 2582-6433 | Country: Delhi, India
Article Information
TORTURE AGAINST HUMANITY: A COMPARITIVE STUDY OF ANTI – TORTURE LAWS IN INDIA, PHILIPINES AND SOUTH AFRICA
Authors: LAVANYA SAHU
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 8
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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