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The Lokpal and Lokayuktas Bill, 2011 was passed by Lok Sabha yesterday. The Bill will be discussed next by Rajya Sabha. Unlike the Lok Sabha, where the UPA government holds a majority in the House, the composition is different in Rajya Sabha. As on 28th December 2011, the total strength of Rajya Sabha is 243 members . The UPA has a combined strength of 95 members in the House, well below the 50% mark. (Of course, there will be some absent members which will change the arithmetic a bit.) The passage of the Bill thus depends on the stand taken by other political parties and their numbers in the House. Here's how the figures stack up:
Party | Numbers |
Indian National Congress (INC) | 71 |
Dravida Munnetra Kazhagam (DMK) | 7 |
Nationalist Congress Party (NCP) | 7 |
All India Trinamool Congress (AITC) | 6 |
Jammu and Kashmir National Conference | 2 |
Sikkim Democratic Front (SDF) | 1 |
Rashtriya Lok Dal (RLD) | 1 |
Total UPA | 95 |
Bharatiya Janata Party (BJP) | 51 |
Janata Dal (United) | 8 |
Shiv Sena (SS) | 4 |
Shiromani Akali Dal (SAD) | 3 |
Total NDA | 66 |
Communist Party of India (Marxist) | 13 |
Communist Party of India (CPI) | 5 |
All India Forward Bloc (AIFB) | 1 |
Total Left | 19 |
Bahujan Samaj Party (BSP ) | 18 |
Biju Janata Dal (BJD ) | 6 |
All India Anna Dravida Munnetra Kazagham (AIADMK ) | 5 |
Samajwadi Party (SP ) | 5 |
Rashtriya Janata Dal (RJD ) | 4 |
Asom Gana Parishad (AGP ) | 2 |
Bodoland People's Front (BPF ) | 1 |
Indian National Lok Dal (INLD ) | 1 |
Lok Janasakti Party (LJP ) | 1 |
Mizo National Front (MNF ) | 1 |
Nagaland People's Front (NPF ) | 1 |
Telugu Desam Party (TDP ) | 4 |
Nominated | 8 |
Independent and others | 6 |
Total | 243 |
The Prevention of Torture Bill, 2010 was introduced in the Lok Sabha on April 26, 2010, and was passed by the Lok Sabha on May 6 (See Bill Summary here). The Bill was not referred to a Standing Committee of Parliament. The Bill has been introduced to allow India to ratify the United Nations Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment. The Convention against Torture requires member countries to bring their domestic legislation in conformity with the provisions of the Convention. The main features of the Bill, and the issues are highlighted below (For the PRS Legislative Brief on the Bill, click here). Main features of the Torture Bill
Features | Explanation |
Definition of ‘torture’ | A public servant or any person with a public servant’s consent commits torture if all three conditions are met:
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When is torture punishable? |
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Conditions under which courts can admit complaints |
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The definition of torture The definition of torture raises the following issues:
Dilution of existing laws on torture The Bill makes it difficult for those accused of torture to be tried. This is because (a) complaints against acts of torture have to be made within six months, and (b) the previous sanction of the appropriate government has to be sought before a court can entertain a complaint.
Relevant provisions in the Criminal Procedure Code and the Bill. | ||
Subject | Criminal Procedure Code | Bill |
Requirement of government sanction | Sanction needed if (a) a public servant is not removable except with the sanction of the appropriate government, and (b) the public servant was acting in the course of his duties. | Prior sanction of the appropriate government needed in all cases. |
Time limits for filing complaints | Time-limits exist for offences punishable with maximum imprisonment of up to three years. No time limits for offences which are punishable with imprisonment of more than three years. | There is a time-limit though torture is punishable with maximum imprisonment of up to ten years. Complaints have to be filed within six months. |
Sources: Sections 197 and 468 of the Criminal Procedure Code, 1973; PRS. |
Independent authority to investigate complaints There is no independent mechanism/ authority to investigate complaints of torture. The investigating agency in most cases of torture would be the police. In many cases, personnel of the police would also be alleged to have committed torture. In such cases, the effectiveness of investigations in incidents of torture will be affected.
Independent authorities in other countries to investigate incidents of torture. | |
Country | Authority/ Institution |
France | Comptroller General of the places of deprivation of liberty |
Germany | The Federal Agency for the Prevention of Torture |
New Zealand | Human Rights Commission, Police Complaints Authority, Children’s Commissioner |
United Kingdom | 18 different organisations, including Independent Monitoring Board, Independent Custody Visiting Associations, etc. |
Sources: National Preventive Mechanisms, UN Subcommittee on Prevention of Torture; PRS. |
Police Personnel sent for trials under existing laws, and convictions