NATIONAL10 [RELIGION (Spotlight Weelky)]

Torture Mirrors Unequal Power Relations In Society

By Dr. Bhogendra Sharma

Torture, especially by the police, is widespread in Nepal despite the fact that international and national laws prohibit it. Nepal has ratified various international human rights treaties including the Convention Against Torture which clearly states, among others, that torture is an inhuman act that should not be perpetrated under any pretext, that it should be made punishable by the law of the country, and that the victims should get compensation. Nepal's constitution guarantees freedom from torture. A "Torture Compensation Act" was passed by the parliament in 1996.

These legal provisions are rendered meaningless as torturers are guaranteed de facto impunity by the state. One of the major issues capitalized by the left and liberal opposition to delegitimize the Panchayat regime was the horrors of state sponsored torture that was prevalent then. It is ironic that national and international human rights organizations report escalation in the practice of torture every year in the democratic period. It is disturbing to note that not a single torturer has been punished according to law within the last ten years. Not a single victim of torture has received compensation. This is not a good sign for our dignity, and our hopes for justice and prosperity.

It is high time that the civil society took this menace of torture seriously. It is thanks to vigorous advocacy efforts of civil society organizations that unjust social practices and processes such as domestic violence, bonded labor, girl trafficking, socio-economic marginalization and other human rights issues have been put on the political agenda at the local and the national level. However, it would be futile to expect much progress in these fields without combating torture or fear of torture. Torture is not just a private issue of unfortunate individuals and cruel policemen. It is an act that mirrors unequal power relations in society, serves as a precondition for injustice, has crippling consequences on struggles for change. Indeed, without a guarantee of freedom from fear no other rights of citizens can be realized.

Let us cite an example of domestic violence. Domestic violence is considered to be one of the major women's rights issues in Nepal. Many Nepali women are beaten by their husband and in-laws. Socio-economic dependence leads the battered woman to accept the cruel reality with silence. The popular saying that quarrel between spouses is like 'Paral ko Ago', that is, temporary and not serious, is an euphemistic device used by the patriarchal society to discourage abused wives to seek the much needed external support.

Even if a woman sums up the courage and dares to seek legal help through the police she is often ill-treated and sexually abused by the police themselves. The police try to take undue advantage from a woman whom they know has a vulnerable position at home. Battered women experience such humiliation, hear or read about them and are thus scared of reporting cases to the police. So we can draw the conclusion that seeking legal help or reporting to the police will possibly lead to ill treatment, abuse and even rape, which are all forms of torture. Until we make police stations free of fear for victims, we cannot think of abolishing or even minimizing violence against women.

Another example we can take is of girl trafficking. Many girls are being trafficked into India for forced prostitution. What fosters this? What hampers efforts to curb it? Different people forward different explanations, which include economic problems, illiteracy, ignorance, legal problems, etc. Such explanations are valid to a large extent, but they can not be considered to illuminate the full truth. One of the most important factor, which is nevertheless virtually ignored by analysts and activists, is torture or fear of torture. The local police are often involved in trafficking or collaborate with the local Mafia. Even national level politicians, who are dependent on these local masters to run and win elections, provide them patronage. Several national and international media have reported on the nexus between local traffickers and people in power. Locals who try to oppose trafficking risk the prospects of arrest, incarceration and torture. The possibility of any serious opposition to girl trafficking in the villages is thus muted. Similar is the case with local struggles against bonded labor or child labor.

The relationship between the menace of torture and people's right to fair criminal justice system is perhaps the most direct and disturbing. Once a crime is committed the police do not perform adequate investigation. Instead they accuse innocent, vulnerable and poor people of committing the crime and present them to the court. More often the low caste and low class people are 'suspected' of committing crime and are arrested, incarcerated and forced to confess under torture. Several people who joined Maoist insurgency is the result of failure of present and past governments to bring torturer to justice thereby submitting the group that helps them to take revenge to police. At least 60% of the present prison population is believed to be innocent and are imprisoned only because of torture and fear of torture, while the real criminals are found outside the prison.

Poverty is definitely a very important human rights issue in Nepal. The (direct) relationship between torture and poverty has not been reflected upon in our society. People know that there is unequal and unjust distribution of power, resources and opportunities in the country. Numerous programs meant for the poor do not reach their destination. If the poor or the villagers try to protest and get organized to challenge the unequal power relations, the status quo (threatens to) unleash the police upon them. In an environment where people do not feel safe to get organized and stake a claim on their right to full participation in the events that affect their lives, it is simplistic to expect eradication of poverty or any other social change.

If we go to a certain village and ask the local people what is the main human rights issue in Nepal their answers may be poverty, trafficking or domestic violence but not torture. People do not openly discuss the issue of torture with anyone they meet due to the lack of trust. Sometimes there is an avoidance mentality among people who live under fear. Once an individual builds a rapport with these people and wins their trust, these issues come up. To win their trust, one needs to have genuine concern over their plight, and demonstrate commitment and courage to fight against the extreme form of injustice that is torture. The first step, especially for people who are fortunate enough to have been spared the horrors of torture, however, would be to try to imagine oneself as a victim for some time. Then, it should be easier to find out how far and wide the tentacles of torture reach.

Dr Sharma is chairman of the Alliance for Human Rights and Social Justice, Nepal (ALLIANCE NEPAL), E MAIL allhr@info.com.np