20 March 2025 : The Hindu Editorial Analysis

1. Torture shadows India’s justice system

(Source – The Hindu, International Edition – Page No. – 9)

Topic: GS2 – International Relations

Context

A recent ruling by a London high court rejected India’s extradition request for Sanjay Bhandari, accused of tax evasion and money laundering. The court denied the extradition plea on the grounds that Bhandari faced a real risk of custodial torture in Indian jails.

Other Judicial Rulings on Extradition

• In another case in the United States, an individual accused of involvement in a major terrorist attack in India has appealed against extradition, citing similar concerns about torture.
• These rulings highlight a significant legal issue that has affected multiple extradition cases involving individuals wanted in India.

India’s Position on Anti-Torture Laws

• Despite advocating against torture internationally, India has not ratified the UNCAT.
• The Indian Constitution includes provisions mandating respect for international treaties, yet the country has not enacted a comprehensive anti-torture law.
• India remains one of the few democratic countries that have not ratified the convention, alongside nations with poor human rights records.

United Nations Convention Against Torture (UNCAT)

Full Name: United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Adopted: December 10, 1984, by the United Nations General Assembly. Entered into Force: June 26, 1987. Objective: To prevent torture and inhuman treatment worldwide. Signatories: 83 countries. Ratifications: 173 countries (as of 2024). Key Provisions: Prohibits torture under any circumstances. Requires states to criminalize torture. Obliges states to investigate and prosecute acts of torture. Prohibits extradition to countries where torture is likely. India’s Status: Signed in 1997 but not ratified.

Parliamentary and Legal Recommendations

• In 2010, a parliamentary committee recommended enacting a law against torture, but no action was taken.

• The Law Commission of India, in its 273rd Report (2017), proposed a draft law to criminalize torture.
• The National Human Rights Commission has also supported the need for a standalone law on the issue.

Judicial Stance on Torture and Legislative Inaction

• The Supreme Court of India has declared torture as a violation of human dignity and privacy under Article 21 of the Constitution.
• Various judgments have reinforced the need for strong legal protections against torture.
• However, in 2019, the court declined to push the government to enact a specific anti-torture law.
• This reluctance has weakened India’s legal framework in ensuring human rights protections.

Implications for India’s International Reputation

• The failure to ratify the UNCAT has been used as a defense by fugitives facing extradition, weakening India’s ability to prosecute offenders.
• Countries refusing extradition to India highlight the risk of custodial torture as a reason for denial.
• A lack of comprehensive anti-torture legislation undermines India’s democratic values and its role as a defender of human rights.

Conclusion: The Urgent Need for Reform

• India must enact a strong anti-torture law to uphold its constitutional and international obligations.
• The country risks harming its democratic reputation and legal credibility if it does not address this issue.
• Ensuring human rights protections will strengthen India’s position as a global leader and reinforce its commitment to justice. 

Practice Question:  Discuss the significance of the United Nations Convention Against Torture (UNCAT) and analyze the implications of India’s non-ratification, particularly in the context of recent extradition cases. (150 Words /10 marks)

2. A delimitation red flag — the lessons from J&K, Assam

(Source – The Hindu, International Edition – Page No. – 8)

Topic: GS2 – Indian Polity

Context

The discussion around fresh delimitation of legislative constituencies has raised several concerns. These concerns include regional imbalance, communal demarcation, and potential political polarization in India.

Need for a Balanced Delimitation Approach

• A practical approach suggests freezing the number of parliamentary seats while increasing the number of Assembly seats in States with high population growth.
• This would be a more democratic solution, as Members of the Legislative Assembly (MLAs) directly serve the people at the local level, while Members of Parliament (MPs) focus on national policies.

Addressing the Power Imbalance

• There are concerns that delimitation may increase the imbalance of power between different regions of the country.
• One suggestion is to redistribute Rajya Sabha seats equally across the northern, central, eastern, western, and southern States.
• These regions already have zonal councils, which were created to address inter-state disputes but have been largely inactive.

Reviving the Inter-State Council

• • Critics argue that zonal councils were designed for state-level issues, while the Inter-State Council (which last met in 2016) was meant for resolving disputes between the Centre and States.
  • However, zonal councils have been discussing various governance issues, such as Aadhaar and administrative efficiency.

• Strengthening the Inter-State Council could help coordinate regional concerns with the central government more effectively.

Challenges from Recent Delimitation Exercises

Two recent State-level delimitation exercises—in Jammu and Kashmir (2022) and Assam (2023)—have highlighted potential risks for the 2026 exercise. Issues in Jammu and Kashmir The Jammu and Kashmir delimitation added six seats to Jammu and one to the Kashmir valley. This created an imbalance, as a vote in Jammu carried more weight than a vote in the valley. Several new constituencies were formed without considering administrative or geographic logic. The restructured constituencies raised concerns of communal bias, as most newly created seats had a majority from one religious community. Some constituencies were redrawn to alter their demographic composition, leading to disparities in population sizes across constituencies. Concerns from Assam’s Delimitation In Assam, the number of Assembly seats remained unchanged, but four districts were merged back into their parent districts, reducing the total from 35 to 31. This reorganization led to the elimination of 10 constituencies with significant minority populations. At the same time, the number of constituencies dominated by other communities increased. The exercise also resulted in constituencies with widely varying population sizes.

Threats of Communal and Regional Polarisation

• The 2026 delimitation exercise must address not only the issue of power imbalance between different regions but also the risk of religious-based constituency demarcation.
• Historically, regional identity has been stronger than religious identity in voting patterns, with voters supporting regional parties over religious considerations.
• However, communal-based constituency restructuring may disrupt this pattern, potentially influencing elections in southern States as well.
• Past examples show that such restructuring has benefited specific political groups in border States.

Dangers of a Flawed Delimitation Process

• A population-based delimitation could significantly shift political power towards the larger northern States at the expense of others.
• Additionally, a constituency restructuring process based on religious demographics could create long-term communal divisions.
• Both factors pose a serious threat to national unity, as they could divide the country along regional and religious lines.
• The combined impact of these factors could weaken federalism and disrupt the pluralistic nature of the country’s democracy.
• It is crucial to address these concerns before implementing the 2026 delimitation exercise to maintain electoral fairness and national stability. 

Practice Question:  What are the potential challenges of the 2026 delimitation exercise, and how can they be addressed to ensure fair representation and federal balance in India? (250 Words /15 marks)

Read more – 19 march 2025 : The Hindu Editorial Analysis