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The progress in the courts order basis the petition filed by former Union Minister Dr. Ashwini Kumarin the SC regarding lack of a legislation defining "torture" or "custodial torture" in India specifically dealing with custodial torture was reviewed by the Supreme Court on 22nd January 2019.
The Centre on November 2017 had assured the court that it was consideringthe Law Commission of India report on the issue. With reference to this the an affidavit was filed by the Union Ministry of Home Affairs on 22nd January 2019, which submitted that the Bill was referred to all the States and UTs for their inputs and comments. The Affidavit also said well reminders were sent to the states seeking their inputs, however till date only 8 States and Union Territories have responded.
Bench comprising Chief Justice of India Ranjan Gogoi, Justice L Nageswara Rao and Justice Sanjiv Khanna,directed the Chief Secretaries of the defaulting States/Union Territories to send their comments/inputs on the Prevention of Torture Bill, 2017 within 3 weeks - on or before 11th February 2019. In case of failure to comply with the court's directions, Chief Secretaries of the States/Union Territories have to be personally present before the court on the next date of hearing- 13th February 2019.
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