In Brief
Dr. Ashwani Kumar, a former Law Minister, petitioned the Supreme Court seeking a direction to Parliament to enact comprehensive standalone legislation against custodial torture based on the UN Convention against Torture, which India had signed but not ratified. The Court dismissed the prayer. It held that while the judiciary can interpret and apply laws to protect fundamental rights under Article 21, it cannot direct Parliament to enact specific legislation as this would violate the constitutionally entrenched doctrine of separation of powers. The legislature alone has constitutional power to enact laws after democratic deliberation. However, the Court clarified that courts retain jurisdiction over individual cases of custodial torture and can issue appropriate directions to protect constitutional rights.
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