Comprehension
Torture is a form of crudity and a barbarity which appals modern civilisation. The right to freedom from torture is enshrined in number of human rights instruments which provide for protection of all individuals from being intentionally subjected to severe physical or psychological distress by, or with the approval or acquiescence of government agents acting for a specific purpose, such as to obtain information. The issues of fake encounters; illegal, unjustified and unwarranted arrests without any valid ground; eliciting confession from innocent persons for offences which they have never committed, by way of custodial violence; etc., have always been subject-matters of consideration by the Indian courts. Police atrocities in India had always been a subject-matter of controversy and debate. In view of the provisions of Article 21 of the Constitution of India, any form of torture or cruel, inhuman or degrading treatment is inhibited. Torture is not permissible whether it occurs during investigation, interrogation or otherwise. The State must protect victims of torture and ill-treatment. Therefore, the State must ensure prohibition of torture, cruel, inhuman and degrading treatment to any person, particularly at the hands of any State agency/police force. Tolerance of police atrocities amounts to acceptance of systematic subversion and erosion of the rule of law
Question: 1
India has ______ the United Nations Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (1987).
India has ______ the United Nations Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (1987).
Updated On: Jul 11, 2024
- Signed and ratified
- Signed but not ratified
- Not signed
- Passed a resolution to ratify
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The Correct Option is B
Solution and Explanation
The correct option is (B) : Signed but not ratified
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Question: 2
Which of the following is the legislation proposed by the Law Commission of India through its Report No. 273 on ‘Implementation of United Nations Convention against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment through Legislation’ in October 2017?
Which of the following is the legislation proposed by the Law Commission of India through its Report No. 273 on ‘Implementation of United Nations Convention against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment through Legislation’ in October 2017?
Updated On: Jul 11, 2024
- The Prevention of Torture Bill, 2017.
- The Prohibition of Torture and other Cruel, Inhuman and Degrading Treatment or Punishment Bill, 2017.
- The United Nations Convention against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment (Implementation) Bill, 2017
- The Prohibition of Custodial Torture Bill, 2017.
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The Correct Option is A
Solution and Explanation
The correct option is (A) : The Prevention of Torture Bill, 2017.
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Question: 3
Which of the following provisions of the Constitution of India provide for protection of persons from torture, other cruel, inhuman and degrading treatment?
Which of the following provisions of the Constitution of India provide for protection of persons from torture, other cruel, inhuman and degrading treatment?
Updated On: Jul 11, 2024
- Article 20(3) and Article 21.
- Article 21 and Article 22(1).
- Article 21 and Article 22(2).
- Article 20(3), Article 21, Article 22(1) and Article 22(2).
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The Correct Option is D
Solution and Explanation
The correct option is (D) : Article 20(3), Article 21, Article 22(1) and Article 22(2).
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Question: 4
In which of the following cases did the Supreme Court of India, while dealing with a case in which a successful scientist having national reputation had been taken into police custody without any justifying cause, reprimanded the lackadaisical attitude of the police for the arrest which made the scientist to suffer ignominy, and awarded compensation of Rs.50 lakhs “to compensate the suffering, anxiety and the treatment by which the quintessence of life and liberty under the Constitution withers away”?
In which of the following cases did the Supreme Court of India, while dealing with a case in which a successful scientist having national reputation had been taken into police custody without any justifying cause, reprimanded the lackadaisical attitude of the police for the arrest which made the scientist to suffer ignominy, and awarded compensation of Rs.50 lakhs “to compensate the suffering, anxiety and the treatment by which the quintessence of life and liberty under the Constitution withers away”?
Updated On: Jul 11, 2024
- Sheela Barse v. State of Maharashtra, (1983) 2 SCC 96
- State of Andhra Pradesh v. Challa Ramakrishna Reddy, (2000) 5 SCC 712
- S. Nambi Narayanan v. Siby Mathews, (2015) 14 SCC 664.
- State of Andhra Pradesh v. N. Venugopal, AIR 1964 SC 33.
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The Correct Option is C
Solution and Explanation
The correct option is (C) : S. Nambi Narayanan v. Siby Mathews, (2015) 14 SCC 664.
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Question: 5
Which of the following statements is true regarding ‘arrest’ and ‘custody’?
Which of the following statements is true regarding ‘arrest’ and ‘custody’?
Updated On: Jul 11, 2024
- In every custody, there is arrest but not vice versa, and both the words ‘custody’ and ‘arrest’ are not synonymous terms.
- In every custody, there is arrest but not vice versa, and both the words ‘custody’ and ‘arrest’ are interchangeable terms
- In every arrest, there is custody but not vice versa, and both the words ‘custody’ and ‘arrest’ are not synonymous terms.
- In every arrest, there is custody but not vice versa, and both the words ‘custody’ and ‘arrest’ are interchangeable terms
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The Correct Option is C
Solution and Explanation
The correct option is (C) : In every arrest, there is custody but not vice versa, and both the words ‘custody’ and ‘arrest’ are not synonymous terms.
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Question: 6
In which of the following cases did the Supreme Court of India, while dealing with the case of a social activist who agitated against the issue of exploitation of people belonging to poor and marginalised sections of the society and was falsely roped in criminal cases, arrested and physically assaulted in police custody, noted, “If the functionaries of the Government become law-breakers, it is bound to breed contempt for law and would encourage lawlessness and every man would have the tendency to become law unto himself thereby leading to anarchy.”?
In which of the following cases did the Supreme Court of India, while dealing with the case of a social activist who agitated against the issue of exploitation of people belonging to poor and marginalised sections of the society and was falsely roped in criminal cases, arrested and physically assaulted in police custody, noted, “If the functionaries of the Government become law-breakers, it is bound to breed contempt for law and would encourage lawlessness and every man would have the tendency to become law unto himself thereby leading to anarchy.”?
Updated On: Jul 11, 2024
- Mehmood Nayyar Azam v. State of Chhattisgarh, (2012) 8 SCC 1.
- Ramlila Maidan Incident, In re, 2012 (5) SCC 1.
- Anuradha Bhasin v. Union of India, (2020) 3 SCC 637
- Nisha Priya Bhatia v. Union of India, (2020) 13 SCC 56
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The Correct Option is A
Solution and Explanation
The correct option is (A) : Mehmood Nayyar Azam v. State of Chhattisgarh, (2012) 8 SCC 1.
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- The Hon’ble Supreme Court in the case of ‘Nil Ratan Kundu and another v. Abhijit Kundu’ 2008(3) Apex Court Judgements 232 (SC), while granting the custody to the maternal grandparents observed: In our judgement, the law relating to custody of a child is fairly well settled and it is this. In deciding a difficult and complex question as to custody of minor, a Court of law should keep in mind relevant statutes and the rights flowing therefrom. But such cases cannot be decided solely by interpreting legal provisions. It is a humane problem in live in relationship and is required to be solved with human touch. A Court while dealing with custody cases, is neither bound by statutes nor by strict rules of evidence or procedure nor by precedents. In selecting proper guardian of a minor, the paramount consideration should be the welfare and well-being of the child. In selecting a guardian, the Court is exercising parens patriae jurisdiction and is expected, may bound, to give due weight to a child’s ordinary comfort, contentment, health, education, intellectual development and favorable surroundings. But over and above physical comforts, moral and ethical values cannot be ignored. They are equally, or we may say, even more important, essential and indispensable consideration. If the minor is old enough to form an intelligent preference or judgement, the Court must consider such preference as well, though the final decision should rest with the Court as to what is conducive to the welfare of the minor.
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