Repression,despair and hope (original) (raw)
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Police brutality on me, my father and brother shiver my spine and fear overpowers me. Still I am terrified by the police thinking that as I raise voice against them, then they might implicate me in any false case. Earlier police used to stop me and used to threaten that they would implicate me in false case. The entire incident has pained me and it would be in my mind for years together. Suffering emanating out of police torture can not be compensated". (Voice of voiceless, 2011)
Defining an Absence: Torture 'Debate' in India
This article focuses on the absence of a torture "debate" in India. The absence is striking when considered in relation to the National Human Rights Commission's statistics that there were 1,473 deaths in judicial custody and 124 in police custody in 2009-10. While the NHRC does not attribute all these deaths to custodial torture, there is a close link between the two as confirmed by many human rights groups. While this absence of a debate can be addressed at various levels, the paper articulates some of the theoretical framings that allow for a denial of torture to take place in India despite evidence of high levels of custodial deaths and torture. It suggests that the denial in multiple sites, most visible in the state discourses, contributes centrally to an absence of a public debate on torture in India.
Voices of Torture Survivors in Nepal
2014
The dissertation attempts to tap into the experiences of torture survivors of Nepal. The objective of the research is to shed light on: who were tortured, how and why; what are the consequences of torture on them, and what are their coping strategies and expectations for reconciliation. To meet these objectives, the study relied upon the interviews of ten Nepalese torture survivors; and six related experts on torture. The conceptual framework has been prepared by using the ideas of discourse, discourse analysis, perception, human capability and human agency. Study findings indicate that most of the torture survivors are male head of the family, poor, lowly educated and unaffiliated to any political parties. Majority of them are victims of state forces and they belong to either the indigenous or the so called low caste groups in Nepal. The findings also suggest that the victims were not only tortured physically, psychologically, and sexually; but also tortured socially, economically, religiously and culturally. Reasons for torture did not only include punishment, confession, fallible perception, gaining information, suppression, revenge, and belonging to another side of the political divide. They were also tortured for the reasons of silencing, spying, biology and economy, too. Consequences of torture were not only psychological, physical, and social; but also economical, sexual and cultural, too. Findings indicate numerous coping strategies of torture survivors. Major coping strategies are problem solving; seeking support and emotional ventilation; use of alcohol, drug and smoking; use of religion and superstition; and downward social comparison. Other such strategies are wishful thinking, catastrophizing and avoidance, cognitive restructuring and acceptance. Findings also indicate that uneducated and poor torture survivors are unaware of the discourse of reconciliation and truth commission. However, they expect reparation, development of the state and full-fledged democracy. They expect a place, where people are safe, war is not the need and people are not tortured for any reason. ii iii ACKNOWLEDGEMENT Contributions of several people benefitted this dissertation. So I would like to acknowledge the contributions. First and foremost, it would not have been possible had torture survivors of Nepal not given the valuable primary data. Secondly, I would like to express my sincerely gratitude to the University of Tromso (UIT) for providing the supervisor, well stocked library and financial support for the fieldwork. Thirdly, my respected supervisor, Percy Oware, has a great contribution in providing me detailed and practical guidelines and assistance. I have learnt a lot of ideas of dissertation writing. All the professors and staffs of Peace Department, especially, Tone Bleie, Randolph Wallace Rhea, both Elisabeth Sandersen and Elisabeth Giaever-Many, Ida and Christine Smith-Simensen have contributed to it by supporting from their side whatever they could. Additionally, I would like to acknowledge the cordial support made by Conflict Victims Society Nepal, CVICT Nepal, and Advocacy Forum Nepal by giving interviews in order to corroborate torture survivors' primary data and providing secondary materials. Last but not the least, I am grateful to my parents, siblings and spouse who encouraged me to study and became sources of inspiration and support throughout my studies. Thank you very much.
Torture: A Crime against Humanity
The term torture is a generic concept and can be defined, debated and deliberated under various conditions, in diverse contexts and claims. There is no consensus among the scholars, practitioners about the meaning of the term. It has been used as an investigative technique inflicted on a third person for the purpose of extracting information or confession. According to the United Nations Convention on 10 December 1984, Torture means any kind of act which causes severe pain or sufferings whether physical or mental and is intentionally inflicted on a person for such purposes obtaining information or a confession. This definition does not include " pain or suffering arising only from inherent in or incidental to lawful sanctions. Torture has been used less against citizens, however, more often against the people who are not the members of society like slaves, foreigners, prisoners of war and members of racial, ethnic and religious outsider groups. However, in the twentieth century, the rises of liberal democratic states have caused a decrease in the practice of state torture against citizens. Increase in torture can be attributed to three developments in the Twentieth century. This paper highlights the use of torture in a democratic country like India.
Custodial Torture in Pakistan: The Official Transgressions of the Protectors
Dissertation for LL.B (Hons), University of London, 2015
The dissertation aims to find out the efforts of the legislature of Pakistan to enact laws against torture, by laying out all the relevant laws, in relation with the role of the police force of Pakistan and the rest of executive in upholding and implementing said laws and then finding out the incidents of torture in police custody and how the laws are being violated in these situations. It will also look at the different scenarios where the torture takes place, understanding them in context, and look at the reasons and, where possible, the legitimising factors behind those instances. The role of judiciary, legislature, society, culture and religion, political and historical backgrounds will be some of the factors that will be separately discussed in relation to the discussed acts of torture. Suggestions and Pakistan's commitment to international law will also be discussed.
Torture: A Sociology of Violence and Human Rights (Paperback) - Taylor & Francis
2012
Rights is part of Routledge's "Framing 21st Century Social Issues" series, which aims to provide undergraduates with brief, "studentfriendly" texts that "introduce basic concepts in the social sciences, cover key literature in the field, and offer original analyses and diagnoses." (x) When approaching Hajjar's latest contribution to the sociology of torture,
Amy Ruby Paul
Nearly all men can stand adversity, but if you want to test a man's character, give him power. Abraham Lincoln. Law enforcement officers in India, more commonly known as the Police, are vested with a lot of powers. Along with the powers bestowed upon them they have certain duties as well, the most significant ones being protection of people and property. During the release of “ India Annual Report on Torture 2018” it was stated that during 2018, a total of 1,966 custodial deaths were reported to NHRC. So, whilst the primary duty of police being protection of people and property, are custodial torture and custodial deaths not evident violation of both the duty of the police and the elemental right of citizens? Even though section 23 of Police Act 1861 states that a police officer is authorised to apprehend all persons whom he is legally authorised to apprehend, and for whose apprehension sufficient ground exists ; section 29 of the same act states that every police officer who shall offer any unwarrantable personal violence to any person in his custody, shall be liable, on conviction before a magistrate, to a penalty not exceeding three months’ pay, or to imprisonment,with or without hard labour, for a period not exceeding three months, or both. But is it actually enough? In our research we shall seek to find solutions / answers for the following problems / questions : What is custodial torture and custodial death? How can they be defined and redefined according to the present scenario in India? What are the causes behind custodial torture and custodial deaths in India? Is the number of custodial deaths and custodial torture increasing ? if so, what is the reason accelerating it? How can custodial torture and deaths in India be curbed ?