Abstract

This paper delves into the pressing need for India to ratify the United Nations Convention Against Torture (UNCAT) to bolster its legal framework for extradition. It kicks off with a look at what extradition entails and the key principles involved, like dual criminality, reciprocity, and the crucial prohibition of torture or degrading treatment in the requesting state. These principles often take centre stage in extradition cases, particularly when foreign courts seek assurances regarding human rights. The paper offers a clear overview of the UN Convention Against Torture, emphasizing its role in combating torture worldwide and its growing importance in extradition matters. Even though India signed the Convention back in 1997, it stands out as one of the few democracies that have yet to ratify it. The study explores potential reasons for this delay, such as concerns about sovereignty, a lack of political agreement, and the absence of comprehensive anti-torture laws in domestic legislation. Additionally, the analysis looks at how ratifying UNCAT could enhance India’s extradition efforts, especially in situations where foreign courts have either denied or postponed extradition requests due to worries about custodial torture. Ratification would not only represent a legal and moral commitment but also provide credible assurances to other nations, aligning India’s legal framework with international human rights standards. This paper makes a strong case that ratifying UNCAT is both a legal obligation and a diplomatic imperative.

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