07 April 2025 : Indian Express Editorial Analysis

1. Human rights and wrongs

(Source – Indian Express, Section – The Editorial Page – Page No. – 08)

 A Deep Dive into Police Torture in India

• On March 26, Common Cause, in partnership with the Lokniti Programme of the Centre for the Study of Developing Societies (CSDS), released a revealing report on police torture and accountability in India.
• Based on interactions with 8,276 police personnel across 17 states and union territories, the study explores the roots and realities of police violence.
• It brings to light disturbing attitudes and practices within the police force, while also pointing out areas of hope and reform.

Understanding Torture and India’s Position

• Torture, as defined by the UN Convention against Torture (1984), involves the intentional infliction of severe physical or mental suffering by or with the approval of public officials.
• Although India signed the UNCAT in 1997, it has yet to ratify it, meaning the country is not legally obligated to comply with its provisions.
• This lack of legal binding raises serious concerns about India’s commitment to curbing custodial torture.

Endorsement of ‘Tough Methods’ and Mob Justice

• A significant finding from the study reveals that 55% of police personnel believe that using “tough methods” is important to instill fear among the public, although the term “tough methods” remains undefined.
• In cases of sexual harassment and child lifting, one in four police personnel justify mob violence, reflecting a troubling endorsement of extra-legal actions.
• Even more concerning is the belief among 22% of the respondents that killing dangerous criminals is preferable to putting them through the legal process.

Mixed Signals on Legal Procedures and Accountability

• While a majority 74% of police personnel acknowledged the importance of following proper legal procedures regardless of the criminal’s profile, the ground reality is inconsistent.
• Only 41% claim that arrest protocols are always followed, and 24% admit to rarely or never adhering to them.
• Kerala, with a 94% adherence rate, stands out as a model of compliance.

Use of Third-Degree Methods and Targeting of Marginalized Communities

• Alarmingly, 30% of police personnel find third-degree methods acceptable for serious crimes, and 9% even support them in petty offences.
• The victims of these methods are disproportionately from marginalized backgrounds—Dalits, Adivasis, Muslims, illiterate individuals, and slum dwellers.
• The discrepancy in custodial death statistics from different agencies highlights systemic opacity: NCRB reported 76 cases in 2020, NHRC 70, and NCAT 111, with zero convictions between 2018 and 2022.

Hopeful Indicators: Support for Reform and Human Rights

• Despite the grim findings, the report uncovers a positive trend—79% of police personnel support human rights training, 71% back torture prevention, and an equal number advocate for evidence-based interrogation.
• These findings indicate a readiness for change within the force, if proper systems and incentives are introduced.

Legal Confessions and Judicial Apathy

• The legal framework surrounding police confessions remains controversial.
• While many lawyers and judges support making such confessions admissible, past proposals such as those by the Malimath Committee and Law Commission recommend safeguards to prevent misuse.
• Additionally, the study criticizes magistrates for being passive during custody reviews and notes that medical examinations are often conducted by doctors lacking forensic training, undermining the credibility of medical assessments.

Shared Blame: A Failing System

• The report attributes responsibility not just to the police, but to a network of failed actors—magistrates, doctors, and even the NHRC.
• Magistrates’ passivity, the medical system’s lack of forensic expertise, and the NHRC’s vague definition and perceived bias all contribute to the persistence of torture in custody.

Root Causes of Torture in the Indian Context

• While the report highlights practices, it fails to deeply explore the causes behind them.
• A colonial hangover in policing, lack of accountability, pressure from political and senior officials, insufficient training, and public support for swift justice—all contribute to the use of torture.
• The inefficiency of the legal system further feeds into the perception that shortcuts are necessary.

Global Comparisons and the Way Forward

• Torture is not unique to India. Countries like the US, Russia, China, and Pakistan have faced global criticism for the brutal conduct of their police forces.
• Notorious examples like Guantanamo Bay and Abu Ghraib exemplify the worst of custodial abuse.
• However, this should not be used to justify similar practices in India.

Conclusion:

• To address police torture meaningfully, India must ratify the UN Convention, legislate a comprehensive anti-torture law, and insulate policing from political interference, as directed by the Supreme Court.
• A professional, rights-respecting police force will not only uphold the law but also restore public trust and legitimacy.
• The path forward demands systemic reform, not just token measures.

2. On rare diseases, falling short

(Source – Indian Express, Section – The Editorial Page – Page No. – 08)

A Constitutional Promise Unfulfilled

• More than three decades ago, the Supreme Court established that the right to health and medical care is intrinsic to the right to life under Article 21 of the Indian Constitution.
• Reinforcing this, Article 41 under the Directive Principles of State Policy mandates the state to provide public assistance in cases of sickness and disability.
• However, the Union Ministry of Health and Family Welfare (MoHFW) has been criticized for its inadequate response to the treatment of rare diseases, thereby failing to ensure this fundamental right.

Judicial Intervention: Catalyst for Policy Approval

• Despite thousands suffering from rare diseases in India, the government has often taken a passive stance.
• According to the National Registry for Rare and Other Inherited Disorders, 13,479 patients have registered, though actual numbers are likely much higher.
• The Delhi High Court, while responding to petitions by rare disease patients, emphasized that the state cannot adopt a helpless approach.
• It was only after such judicial pressure that the MoHFW approved the National Policy for Rare Diseases (NPRD) in March 2021.
• Further, in 2023, the court had to direct the formation of a committee to oversee its implementation — a clear indicator of governmental lethargy.

High Treatment Costs and Inadequate Funding

• One of the biggest obstacles faced by patients is the prohibitive cost of treatment.
• For instance, risdiplam, used for treating Spinal Muscular Atrophy (SMA), costs over ₹72 lakh annually, while the NPRD limits financial aid to ₹50 lakh per patient.
• This ceiling is quickly exhausted, forcing patients to discontinue treatment. The government, citing lack of funds, has refused to enhance the financial cap, even when lives are at stake.

Court Orders vs Government Reluctance

• In a notable case, a patient who had exhausted government support approached the Kerala High Court, which directed the Union government to continue funding treatment. Instead of complying, the MoHFW sought a stay from the Supreme Court.
• While the apex court allowed policy discretion, the ministry neither reviewed its position nor considered alternative recommendations proposed by the Delhi High Court, choosing instead to maintain the status quo through another stay order.

Barriers to Affordable Medicine: Patent Monopolies

• The NPRD encourages the local production of rare disease drugs, urging collaboration with departments such as Pharmaceuticals and Industry.
• India possesses the capability to manufacture essential small molecule drugs like risdiplam and trikafta at significantly lower prices — sometimes up to 95% cheaper than branded versions.
• However, patent monopolies remain a major hindrance. Innovator companies often hold exclusive rights without making the drugs available in India, exploiting their monopolies and pushing patients into despair.
• The government, despite having legal tools to override such patents in public interest, has been largely inactive.

A Policy with Good Intentions, Poor Execution

• While the NPRD aspires to support rare disease patients, its actual implementation has been sluggish and constrained by funding limitations.
• Children and families continue to be denied access to life-saving therapies due to bureaucratic inertia and lack of political will.
• The ministry’s refusal to act on judicial suggestions and its failure to explore legal flexibilities enshrined in policy documents reflect a disregard for both legal obligations and moral duty.

Conclusion:

• The treatment of rare diseases in India reveals deep cracks in the healthcare delivery system, particularly when it comes to the most vulnerable.
• If life-saving therapies are available but inaccessible due to cost and policy inaction, it signals a systemic failure.
• As emphasized by members of the health ministry’s consultative committee, these concerns must be addressed urgently.
• No child should suffer or die simply because the state chooses not to act when it has the means and mandate to do so. 

Read more – 05 April 2025 : Indian Express Editorial Analysis