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APROPOS of the editorial (“Curse of torture", September 28), torture, which implies the infliction of severe physical pain upon a person in order to force him to act against his will or to punish him, should be considered as the most heinous violation of human rights. It constitutes the very denial of the essence of human rights, namely, recognition that each living being has a personality of his own which has to be respected.

The Convention Against Torture and other cruel, inhuman or degrading treatment or punishment was adopted by the United Nations General Assembly in 1984 and brought into force in 1987. So far more than 63 States have acceded to and ratified the convention. Although India has not so far acceded to it, it is good to note that torture has already been a punishable offence under Sections 330 and 331 of the IPC. Voluntarily causing hurt to extort confession or information is an offence under Section 330 punishable with seven years imprisonment and fine and 10 years imprisonment for causing grievous hurt under Section 331.

The Supreme Court has also upheld the right to compensation of the victims of torture in a number of cases. Similarly, in quite a few cases of custodial violence NHRC has ordered the payment of compensation to the victims.

In my opinion, in cases of custodial deaths or torture, it is not enough to order a judicial enquiry and pay compensation. In several cases of custodial deaths, it is argued that the prisoners had "hanged themselves from the ceiling" as though the jail manual provides for the supply of a rope to every prisoner! There is need to consider seriously a recommendation of the Justice Tiwana Commission which had investigated cases of torture in the prisons in Punjab a few years ago. It not only suggested payment of liberal compensation to the victims but, more importantly, also its recovery from the guilty police and jail personnel.

In my view, India's accession to the Convention Against Torture will be a step in the right direction and affirmation of the country's determination to do away with torture. Moreover, this will be the greatest tribute the nation can pay to Mahatma Gandhi, the Father of the Nation. The step will also send correct signals to the members of the police and security forces, not to transgress laws and rules of international conventions. The failure of the Indian government to accede to the convention has only provided a convenient handle to India's critics in international fora to severely indict it.

A misnomer

Along with a genuine concern over the Y2K problem, a misnomer that in the next year February would be of 30 days, is currently being propagated. However, the fact is as following:

The astronomical year, the time taken for the Earth to complete its orbit around the Sun, is about 365.242 days, or, to a first approximation, 365.25 days. To account for the odd quarter day, an extra calendar day is added every four years, as was first done in 46 BC, with the establishment of the Julian calendar. Over many centuries, the difference between the approximate value 0.25-day and the more accurate 0.242-day accumulates significantly. In the Gregorian calendar now in general use, the discrepancy is adjusted by making some centennial years as common, and not leap, years.

As per the Gregorian calendar only those centennial years, (such as year 1600, 1700, 1800 and so on), are leap years, with February having 29 days, which are divisible by 400. Thus the year 1600 had 29 days in February, but year 1700, 1800 and 1900, though divisible with 4, were non-leap years with February of 28 days. Similarly year 2000 would be a leap year with February having 29 days. For still more precise reckoning, every year evenly divisible by 4,000 (i.e., 16,000, 24,000, etc.) is again made a common (not leap) year, i.e. February of 28 days.

Perhaps because in very early Julian calendar February used to have 30 days in a bissextile year (leap year), which remained in force for a short time, because in 8 BC Augustus made changes in it, the present confusion originated.

BALVINDER
Chandigarh

I read with interest Mr Inder Malhotra’s timely article “Electing thirteenth Lok Sabha : too prolonged and too painful” (The Tribune, Sept 30). No doubt, the poll process this time has been “too prolonged and too painful”, as the article aptly points out. The “excruciatingly slow-moving” poll, inter alia, inflicted avoidable fatigue all around with concomitant ill consequences.

The duration of the electoral process must be drastically curtailed in the larger democratic interests of the people, as the article advocates.

Mr Malhotra seems to have over-reacted vis-a-vis the working of the Election Commission. To my mind, the things on the electoral front would have been much worse but for the Election Commission’s activism in the matter.

As for the exit polls, the less said the better. I, for one, am for total ban on the exercise as it seems open for brazen abuse by unscrupulous elements.

In the editorial “Meaning of Oct 4” (Sept 29) you have rightly observed that the decision of the so-called “freedom fighter” to cross the LoC in Kashmir “is the subtle move to see a large-scale infiltration materialising”.

It appears that Pakistan has not learnt any lessons from its humiliation in the wake of its Kargil misadventure. Because of the unrest at home and the agitation by the Opposition determined to oust Mr Nawaz Sharif, the Pakistan government, according to a well-planned programme, is hell bent on pushing the militants, mercenaries and army regulars to divert the attention of people from the real issues and to keep the Kashmir issue burning. That is why it has said that no action will be taken by the Pakistan government to stop the infiltrators to cross the LoC.

In the wake of the threat by the JKLF militants, the Indian Army must remain in a state of preparedness to repulse the so-called infiltrators. It is the crying need of the hour that the international community pressurises Pakistan to refrain from any such misadventure which would disturb the peace leading to a war-like situation.

Pakistan should not expect the Indian government and the Army to exercise any further restraint. It must understand that there is limit to our toleration.

This is in response to the beating up of a student by a policeman. Currently, I’m studying at Michigan State University, USA. The Tribune being my favourite newspaper helps me keep in touch with all the happenings in the City Beautiful. But I really feel bad when I read the kind of reports mentioned earlier, which resulted in serious injuries to a Punjab Engineering College student.

I just don’t believe it that the cop hit that boy with his lathi while he was driving. This act of the cop could have resulted in a serious tragedy. That guy lost his two teeth just because of that cop. Is this what the police are there for? Do these people have the authority to beat or harass any individual? Are these people whom we call cops meant for our protection or endangering our lives?

	M A I L B A G	Monday, October 4, 1999
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