The term TORTURE was described for the purpose of the Convention [G.A.res.39/46(annex.39 U.N.GAOR Supp.(No.51)at 197,U.N.Doc.A/39/51(1984)] and it means "any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions". This Convention, it seems to me, presumed that torture could be caused only by an ACT. But history and experience prove that OMISSIONS too cause torture.
The illustrations taken from my diary may be cited to prove my view. In the custodial facility (it is called police lock up) of a police station, I could see a lot of water after a heavy rain. Nothing was done to drain the water in the room. Ventilation was not enough and there were bugs and biting ants. Nothing was done to clean the room. The detainee could not sit or sleep in that room as there were no creature comforts ensured. He was thus forced to confess his involvement in the crime alleged. Another illustration from the dairy is about a woman's cry in a police station. A woman was arrested and detained in the police lock up (custodial facility).After half an hour of her detention, her monthly mensuration started. There was no provision then to provide sanitary napkins to attend to the special needs of women. The policemen told her to confess her involvement in the crime alleged or give information if she wanted to get out of the situation. Thus the omissions in police custodial facility, in correctional institutions, in places where arrestees are remanded under a judicial order etc., are many and certainly they are real violations of human rights. No food, no qualitatively good food, no quantitatively enough food, no bed, no blankets, no sufficient space to sleep…and thus goes the litany of 'omissions' which indeed cause severe pain or sufferings. Why did the Convention omit it? Therefore I suggest adding omissions too in the description of TORTURE to read "Any act or omission…"(to be continued…)
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