Basil Fernando

The Asian Human Rights Commission (AHRC) released on May 22, 2003, a detailed statement on how the government of India plans to undermine the foundations of criminal justice there under the guise of the recommendations of the Committee on Reforms of the Criminal Justice System. The statement notes that the "Quest for truth" proposed by the committee as the guiding principle of criminal justice in India is nothing more than centuries-old bunk that has served to reinforce, rather than challenge, social inequality and injustice. It also appears to mimic China¡¦s motto of "Finding truth from facts," which, in practice, means the denial of fundamental principles of a fair trial.

The "Quest for truth" violates the Constitution of India by undermining the presumption of innocence. It demands that the accused presents statements of defence prior to prosecution. It waters down the burden of proof from "beyond reasonable doubt" to a "clear and convincing" standard, thereby trivialising criminal procedure and reducing it to the level of civil trials. It permits police control over both criminal investigation and prosecution by making a police officer the public prosecutor. It incites torture by admitting confessions in trials without safeguards to prevent its use to extract a confession. It proposes a state security and surveillance apparatus of unprecedented proportions with frightening consequences. It will totally undermine the role of judges and lawyers, giving police absolute supremacy. It will dehumanise the human being. It will make the police force a much more powerful tool to suppress popular demands and political dissent than it has ever been before. It will impose silence on vast numbers of oppressed struggling to break free from the inhuman conditions in which they live, particularly the Dalits, by denying them the only rights they have: to protest and to shout in court.

In short, the "Quest for truth" invites the establishment of a draconian police state. It proposes an end to fundamental rights. Consequently, India will return to the Law of Manu, the ruthlessly authoritarian style of rule it suffered for most of its history.

I call on the government of India to reject the recommendations of the Committee on Reforms of the Criminal Justice System by signing this open letter and taking all other steps necessary to avert their implementation. The government of India must do all it can to uphold fair trial principles and the rule of law. Above all, the government must ratify the Convention against Torture (CAT) and make torture a crime under domestic legislation. By taking such steps, it will uphold the principles of the Constitution and the norms of international human rights rather than mimic the practices of dictators.