CRITICAL ANALYSIS OF THE TORTURE AND CUSTODIAL DEATH (PREVENTION AND PUNISHMENT) ACT, 2022 IN LIGHT OF CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT, 1984

Abstract

This study presents a critical examination of Pakistan's Torture and Custodial Death (Prevention and Punishment) Act, 2022 (TCDPPA) through the framework of the United Nations Convention Against Torture (UNCAT), 1984, revealing significant gaps between domestic legislation and international human rights standards. Despite ratifying UNCAT in 2010, Pakistan's legal framework on prevention and prohibition of custodial torture remains weak impacting accountability of custodial torture practices. Through comparative legal analysis, the research demonstrates how Pakistan's 2022 Act adopts an overly restrictive definition of torture that excludes psychological suffering and discrimination-based abuse, lacks absolute prohibition clauses, and establishes ineffective investigative mechanisms. The research concludes with actionable policy recommendations, legislative amendments to incorporate psychological torture, strengthening NCHR or establishing an independent National Torture Prevention Commission, judicial reforms adopting victim-centered evidentiary standards, and comprehensive rehabilitation programs. These findings underscore the urgent need for Pakistan to align its anti-torture framework with international law to break cycles of institutionalized violence and provide meaningful redress for victims.