The government has proposed an enactment to ensure that rights of an accused are not violated like in the Aarushi case where the suspects were subjected to traumatic forensic tests only to be let off after two and half years.
The prevention of torture bill, which has been approved by a select committee of parliament, will be passed in the forthcoming budget session or later at the monsoon session.
When asked if a person arrested by the police or CBI in a criminal case could seek compensation for rejection of his bail plea even when no evidence was found against him, the minister said the decision would be on the ground whether the person was lawfully arrested or illegally detained.
Law minister M Veerappa Moily has told DNA that Aarushi’s servants and similarly other people who were subjected to the highhandedness of law in different cases can seek remedy from the National Human Rights Commission.
The rights body is empowered to entertain the complaints and order necessary action, he has said.
However, some legal experts said in cases like Aarushi, for an accused who was found innocent by the police after a long time, this claim would not be decided on the basis of the mode of arrest.
The torture bill intends to “humanitise” the administration of criminal justice system in the country.
It recommends stringent punishment for the acts of torture with a minimum three years of imprisonment to death penalty in the event of torture in custody.
The panel also considered the issue of torture of women and children and sexual abuse in custody. The UN convention on rights of the child specifically states that no child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment.
