But this will only avoid further damage. The existing system itself needs to be fixed. India must ratify the United Nations Convention against Torture, which it signed in 1997 but has failed to ratify. Parliament must repeal section 197 of the Criminal Procedure Code and similar provisions which require prior governmental permission for prosecution of civil servants — these provisions have been the main vehicle for ensuring impunity for the torturers. It must also enact a special legislation criminalising torture and facilitating credible investigations and prosecutions. Comprehensive reform of the police and other security agencies is necessary to bring about transparency and accountability which inspire confidence rather than fear. The United Nations Special Rapporteur on Torture must be allowed to visit India (India is still to act upon a request made in 1993. China allowed the visit in 2005, a decade after the original request). To take his allegation in the Thakur case to its logical conclusion, Advani must make these demands on the present government and promise that his government, if elected, will act upon them.

Both the Congress and the BJP have criticised, in different instances, the alleged use of torture. If these criticisms were sincere, there is scope for exploring the possibility of bipartisan consensus to take necessary steps to eradicate the use of torture. Much of the rest of the world has, in word if not in deed, already arrived at the conclusion that torture is wrong. Full-stop. India must follow suit, in word and in deed.

... contd.