The Definition Of Torture, As Per The Supreme Court Of India

The Supreme Court in Arvinder Singh Bagga v. State of U.P, 1994, described how the police treated Nidhi, the victim, in the following manner:

“On a careful consideration of all the evidence on record in the light of the surrounding circumstances I accept the claim of Nidhi that she was tortured by the police officers on 24th, 25th and 26th July, 1993. On 24.7.93 she was pressurised by J.C. Upadhyaya S.H.O., Sukhpal Singh, S.S.I, and Narendrapal Singh S.I. and threatened and commanded to implicate her husband and his family in a case of abduction and forcible marriage thereafter. She was threatened with physical violence to her husband and to herself in case of her default and when she refused her family members were brought in to pressurise her into implicating them. On 25th July 1993 she was jolted out of sleep by Sukhpal Singh S.S.I. and made to remain standing for a long time. She was abused and jostled and threatened by J.C. Upadhyay, Sukhpal Singh and Narendrapal Singh with injury to her body if she did not write down the dictated note. Sukhpal Singh SSI even assaulted her on her leg with Danda and poked it in her stomach. She did not yield to the pressure.”

The Ho’nble judge then went on to define torture:

“Torture is not merely physical, there may be mental torture and psychological torture calculated to create fright and submission to the demands or commands. When the threats proceed from a person in Authority and that too by a police officer the mental torture caused by it is even more grave”

From this judgment, it is very clear that each time our families are threatened by the police with the old threat of “Pay up, or else…”, they are subjecting them to torture.

Torture, in the words of the Supreme Court of India is “is not merely physical, there may be mental torture and psychological torture calculated to create fright and submission to the demands or commands”

SC: The Definition Of Torture Given In Arvinder Singh Bagga v. State of U.P

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3 Responses to “The Definition Of Torture, As Per The Supreme Court Of India”


  1. 1 BALARAM .R April 20, 2011 at 12:47 pm

    DEAR SIR,

    THERE IS A LOT MORE MENTAL AND NON-PHYSICAL TORTURE OPTED AND ATTRIBUTED ON LAY MEN BY SOME OF THE RELIGIOUS AND DYANSTIES ON COMMON MAN FROM 1994 TO TILL 2011.

    WHICH IS NOT EXPLAINED IN FULL TRUTH AND BROUGHT TO THE LIMELIGHT IN WHITE AND BLACK. WE ARE YET TO UNDERSTAND HOW TO BRING EVERY ATROCITIES ON PEOPLE OR HUMANS TO A REGISTERED CASES SO THAT THE TRUTH PREVAILS HONESTLY.

    YOURS TRULY,

    BALARAM .R

    Like

  2. 2 Es. March 18, 2015 at 5:47 pm

    The Mental torture on women world wide is unaccountable…Being an Indian,Bengali woman from a high profile family…made me feel that actually nothing is being done to save us,women from the clutch of our husbands.Relatives keep at bay to save their relations….First,we need to enlist and generalise grievances from house to house or family to family in order to probe further.It is a serious issue.

    Like

  3. 3 Harsh February 16, 2016 at 9:42 am

    Dear sir I am harsh bhardwaj and a woman I have met after 20 yrs has shocked me with her behavior in last 2months. I can’t explain how much torture I have endured.now suddenly she stopped picking up phone and I kept on trying and sending messages asking fr a reason. One night a male picks up her phone and turned abusive .i didn’t call aftr that. Now to my dismay I ve learnt that she is threatening me with a f I R. I am really wanting to leave everything and go somwhr . Fed up.

    Like


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Some Interesting Stats On Arrests Of Women

In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March). During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle. From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

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Disclaimer:

The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.

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