CRIMINAL JUSTICE & HUMAN RIGHTS
The Author of this article is Mr. Anas Yawar who is pursuing Bachelor of Law (LL. B) (Hons.) from School of Law, Galgotias University, Uttar Pradesh.
INTRODUCTION
Throughout
the world, criminal justice systems are principal sources of grave human rights
violations, including extrajudicial executions, torture, arbitrary detention,
and discrimination[1].
Human
Rights are those rights which every human being possesses by virtue of his
birth. They are inherent and inalienable. In a country like India, we come
across various instances in which the individual is threatened with the
possibility of violation of his human rights in every walk of life. They are
based on mankind's demand for a life in which the inherent dignity of human
being will receive respect and consideration. The Universal Declaration of
Human Rights clearly states that respect to human rights and human dignity is
"the foundation of freedom, peace, and justice in the world[2].
After the two world wars, the UN concern for Human Rights has also become a
major issue of International agenda. This evoked response for International law
and the concept of “International Human Rights Law” has also developed. Human
rights not only stand for individuals’ rights rather they are a backbone for
providing social justice in a country. India is a signatory to the Universal
Declaration of Human Rights and thus, has adopted similar provisions and
framework to protect human rights. The extent to which the human rights are
respected and protected within the context of its criminal proceedings is an
important measure of society’s civilization[3].
Criminal
Justice is one of the critical areas of human rights where the legal system is
tested on a continuous basis for preservation of peace and security in society
on the one hand, and prevention of human dignity of both victims of crime and
person accused of it, on the other. The rights intended to be cared and
safeguarded towards accused and the detenu in various homes and rehabilitation
centres and the judicial attitude towards sentencing of the convicts has been
given the human rights focus.
Human
Rights in the Criminal Justice administration[4]
1. Human
rights perspective of crime.
2. Role
of police and criminal justice administration - Human rights issues.
3. Security
issues and human rights.
Criminal
Justice System of any country is the basis of establishing peace and
tranquillity. The Criminal Justice System consisting of Police, Judiciary and
Correctional Institutions play a major role in implementing human rights and
thereby protect and safeguard the human rights of the citizens of a
country. The Criminal Justice System has
the power to control crime, prevent crime and punish the criminals. The
pre-trial procedure involves arrest and Investigation under the Criminal
Procedure Code 1973. Criminal Justice System has composed mainly three vital
organs, namely (i) Judiciary, (ii) Prison and (iii) Police. In India, the human
rights have been characterised as fundamental rights and are given a special
status. Fundamental Rights are important for the fact that they are considered
inherent for every citizen and thus, their violation gives the citizens, the
right to move to the Supreme Court and the High Courts under Article 32 and
Article 226 of the Indian Constitution respectively.
Of
the three organs of Government, the judiciary has become a vanguard of human
rights in India. It performs this function mainly by innovative interpretation
and application of the human rights provisions of the Constitution. Although
the importance of human rights is universally accepted and highly recognised,
implementation levels vary from jurisdiction to jurisdiction. In India, in
spite of vast expansions across the spectrum of human rights, implementation
has not been that satisfactory. Recently, the International Commission of
Jurists, Geneva had warned that in India these very human rights stand
threatened. In addition, global human rights abuse watchers argue that if such
fundamental principles of a fair trial are disregarded by the various agencies
of the state. As a measure of the advances achieved in the protection of human
rights, one may also turn the pages of the landmark judgement in Rudul
Shah v. State of Bihar[5],
where the Supreme Court ruled that the victims of unlawful or illegal arrest
were entitled to compensation for violation of their fundamental rights under
Part III of the Indian Constitution. It must be borne in mind that ensuring
human rights within the framework of the criminal justice delivery system
cannot be narrowly construed to mean merely the protection of the rights of the
under-trials, or detainees, or convicts. The Supreme Court of India has
recognized the Fundamental Rights as Natural Rights in Moti Lal v. State
of Uttar Pradesh[6].
In fact, it can rightly be contended that the most essential of all human
rights in a criminal justice delivery system, is the right of access to courts
of law.
It
is based on Article 10 of Universal Declaration (UDHR) which provides that: “Everyone
is entitled in full equality to a fair and public hearing by an independent and
impartial tribunal, and the determination of his rights and obligations and of any
criminal charge against him.[7]”
The
importance of the right of access to justice for those interacting with the
criminal justice system as complainants, suspects, status offenders or
prisoners cannot be over-emphasised. As already stated, it is perhaps the most
essential of all human rights in the criminal justice system. The extent to
which human rights are respected and protected within the context of its
criminal proceedings is an important measure of society's civilization. Unfortunately,
in our country, there is not much of socio-legal or empirical research
particularly in the field of criminology, with the result that our criticism of
the law as interpreted and evolved by the courts is often not founded on
factual or sociological data but is based only on certain ingrained attitudes
and misconceptions. Indian Constitution as illustrated by a number of decisions
of the Supreme Court provides for the protection of human rights in conformity
with the international standards[8].
The Human Rights Commission Act, 1993 provides for constitution of National and
State Human Rights Commissions to enquire into complaints of violations of
human rights and inefficiency on the part of the Government machinery in
preventing such violations and to suggest measures for effective implementation
of guarantees provided by the Constitution and various laws of the country[9].
The Supreme Court of India has in the case Ajay Hasia v. Khalid Mujib[10]
declared that it has a special responsibility, "to enlarge the range and
meaning of the? Fundamental rights and to advance the human rights
jurisprudence."
Justice
Krishna Iyer wrote - "Rights, however,
solemnly proclaimed and entrenched in great instruments are but printed
futility unless a puissant judiciary armed with legal authority. Remedial
process and jurisdiction, operational and pragmatic, transforms the
jurisprudence of human rights into public law of enforceable justice. Human
rights regime leaves a wide gap between normative claims and implementation
capabilities. The result is that large-scale breaches of civil and political
rights, as well as economic, social and cultural rights, mark the
scenario".
SUGGESTIONS
FOR IMPROVING THE SYSTEM OF CRIMINAL JUSTICE
1. Speedy
Process
Though
speedy trial has been recognized as a fundamental right because it is a
requirement of a fair procedure under Article 21, yet the delay in
administration of criminal justice is a common affair. Delay is both at the
stage of investigation and prosecution as well as in the trial. There is the
necessity of prescribing some time limit for each process as Supreme Court has
done in Sheela Barse V. Union of India[11],
Of course, the time limit should not be unreasonable or rigid because justice
delayed is justice denied so also justice buried is justice hurried. A balance
between the two extremes is advisable
2. Uniform
Policy by the Government
To
prevent human rights violations, it is suggested that an official declaration
of uniform policy by the governments that violations of Human Rights of accused
by law enforcement be formulated. Governments should also enact a strict law to
punish the perpetrators of human rights violations. Governments should also
take prompt corrective action in case of human rights violations.
3. Responsible
Police
The
police, the Government and the society each have a role to play in improving
the law enforcement situation and in developing pro-citizens police in the
country. Organizational behaviour is largely the outcome of training and continuing
education.
CONCLUSION
This
article emphasis on that Indian criminal justice system along with human rights
law have become intrinsically intermingled with each other. In turn, human
rights law has confronted criminal justice systems with a need to promote
restraint, truthfulness, fairness and even effectiveness in increasingly complex
societies.
For
all systems, though, difficult and fundamental
questions remain concerning the relation between criminal law and human rights, as well as the
rationale and scope of human rights protection within the criminal justice
system
Nevertheless,
some fundamental rights changes in criminal procedure law.
[2] “Universal Declaration of Human
Rights.” United Nations, United Nations, www.un.org/en/universal-declaration-human-rights/.
[3] P.N. Bhagwati, “Human Rights in
Criminal Justice System” in Noorjahan Bava, ed, Human Rights and Criminal
Justice Administration in India, Uppal Publishing House New Delhi,2000, p11.
[5] (1983) 4 SCC 141.
[6] ILR 1951, Allahabad, p. 369.
[7] Article 10 of UDHR
[8] Nilbati Behera v. State of
Orissa (1993) 2 SCC 746.
[9] Tukaram v. State of Maharashtra,
AIR 1979 SC 185 which led to amendments of CrPC, 1973, IPC, 1860 and Evidence
Act, 1972.
[10] AIR I981 SC 487 at 493.
[11] AIR 1983 SC 1773.
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