The CAT establishes an absolute prohibition on torture — no exceptional circumstances whatsoever, including war, political instability, or public emergency, may be invoked to justify torture. It requires states to criminalize torture, prevent it, and provide remedies to victims.
India signed the CAT in 1997 but has not ratified it — making it one of the significant holdouts among large democracies. The Prevention of Torture Bill was introduced in Parliament but lapsed. India does not have a standalone anti-torture law, though torture is addressed through IPC provisions and judicial interpretation of Article 21.
India’s non-ratification of CAT remains a significant gap. However, through expansive interpretation of Article 21, Indian courts have effectively incorporated many CAT principles into domestic law — making the judicial framework stronger than the legislative one.