Human Rights and Criminal Justice System of India - A

Critical Study
Ashok Kumar Rai1, Dr. Manu Singh2
1
Research Scholar, School of Law, Noida International University, Greater Noida. E-mail: [email protected]
2
Professor and Dean, School of Law, Noida International University, Greater Noida. E-mail: [email protected]

Individuals have fought for human rights for ages against the enormous power of the state. And no one can disagree that these human rights
constitute a rising demand for a decent civilised existence in which the fundamental dignity of each human being is respected and protected.
When one speaks of human rights, he is not only referring to bodily requirements, but also to the conditions of existence that allow all people
to fully develop and employ their human attributes of intelligence and conscience, as well as to meet their spiritual demands. Human rights are
intrinsic to nature and impact people's everyday lives in a variety of ways. As a result, denial of human rights would invariably lay the stage
for political and social discontent, conflicts, and animosity between states and within nations.

Keywords: Human Rights, Declaration of Human Rights (UDHR), Criminal Justice System.

DOI:10.47750/pnr.2022.13.S08.264

dignity of both crime victims and those who are accused of

INTRODUCTION committing it on the other. Democracy, which is considered
The rights that every person has by virtue of his or her birth as the ideal form of government to ensure respect for human
are known as human rights. They possess intrinsic and rights, is based on the rule of law. This feature is
unalienable rights. We frequently observe situations in which acknowledged by the inclusive democracy idea. The Criminal
an individual in a nation like India faces the prospect of Justice System, which is made up of the Police, Judiciary, and
having his human rights violated in every aspect of life. They Correctional Institutions, plays a significant part in putting
are founded on humanity's aspiration for a life in which human rights into practise and consequently defending and
human beings would be treated with respect and appreciation preserving the human rights of a nation's residents. The
for their inherent dignity. Respect for human rights and Criminal Justice System has the authority to manage crime,
dignity is categorically stated to be "the cornerstone of stop crime from happening, and punish criminals. Arrests and
freedom, peace, and justice in the world" in the Universal investigations are part of the pre-trial process under the 1973
Declaration of Human Rights (Universal Declaration of Criminal Procedure Code. The three primary components of
Human Rights). The United Nations concern for human the criminal justice system are the police, the judiciary, and
rights has grown in importance since the conclusion of both the prison. Human rights are treated with particular
world wars. The idea of "International Human Rights Law'' prominence in India and are referred to as basic rights.
has also evolved as a result of this evoking a reaction from Fundamental rights are significant because they are seen to
international law. Human rights are the cornerstone of a be inherent to every citizen. As a result, when they are
nation's ability to provide social justice, as they not only violated, citizens have the right to file complaints with the
uphold the rights of people. The Universal Declaration of Supreme Court and High Courts under Articles 32 and 226 of
Human Rights is a document that India has ratified, therefore the Indian Constitution, respectively. The judiciary in India
it has established comparable guidelines and rules to has emerged as a leader in advancing human rights among the
safeguard human rights. A key indicator of a society's level three branches of the government. The major way it does this
of civilization is how well the human rights are upheld and task is by creatively interpreting and applying the
safeguarded in the context of its criminal processes (“Human Constitution's provisions on human rights. Even though the
Rights in Criminal Justice System,” 2000, p. 11). Any significance of human rights is widely acknowledged, there
nation's criminal justice system is its cornerstone for fostering are regional variations in their level of implementation. The
peace and calm. It also comprises the investigative apparatus application of human rights has not been particularly
in addition to the judicial system. One of the most important effective in India, despite significant advancements across the
areas of human rights is criminal justice, where the legal board. These fundamental human rights are under threat in
system is constantly put to the test in order to maintain social India, according to a recent warning from the International
order and safety on the one hand, and to protect the human Commission of Jurists in Geneva. Global human rights

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 Ashok Kumar Rai, et al.: Human Rights and Criminal Justice System of India - A Critical Study

experts also contend that the state's various authorities should assess the effectiveness of the government apparatus in
not neglect such basic standards of a fair trial. One might also preventing such abuses, and make recommendations for
read the pages of the historic ruling in Rudul Shah v. State of effective implementation of the protections guaranteed by the
Bihar (Chandrachud, 1983) to get a sense of the strides made Constitution and other laws of the nation (TUKA RAM AND
in the defence of human rights. In this case, the Supreme ANR. Vs. RESPONDENT: STATE OF MAHARASHTRA,
Court determined that those who were unlawfully or illegally 1978). The Supreme Court of India stated that it has a specific
arrested were entitled to compensation for the infringement obligation "to broaden the scope and meaning of the
of their basic rights under Part III of the Indian Constitution. Fundamental rights and to develop the human rights
It is important to keep in mind that protecting human rights jurisprudence" in the case of Ajay Hasia v. Khalid Mujib.
within the context of the criminal justice delivery system Numerous accounts on shocking human rights violations
cannot be interpreted simply to entail just defending the rights committed during the pre-emergency and emergency periods
of those who are incarcerated, detained, or on trial. In Moti have come from indigenous sources. Why therefore assign
Lal v. State of UP, (Indian Kanoon, 1950) the Indian Supreme blame to foreign organisations, in particular Amnesty
Court declared the Fundamental Rights to be Natural Rights. International in London and the World Watch Institute in
In fact, it is legitimate to argue that the right to access courts Washington? These investigations have been coming out in
of law is the most important human right in a system for waves, each one describing new patterns of abuse in the
delivering criminal justice. nation's criminal justice system. The papers mostly highlight
It is based on Universal Declaration of Human Rights acts of abuse, such as rape and deaths while in jail. The
(UDHR) Article 10, which states that: "Everyone has a reports condemn actions that are flagrantly against the law.
complete equal right to a fair and public hearing before an Because violations of human rights have become regular and
independent and impartial tribunal, as well as the assessment a feeling of pessimism permeates our thoughts and actions,
of his rights and responsibilities and the validity of any the nation finds itself in a humiliating situation, both
criminal accusation against him. It is crucial for those who internally and externally. Our record on human rights is
contact the criminal justice system as complainants, suspects, "testing illusion and promise of unreality," according to
status offenders, or convicts to have access to justice. It is Justice Krishna Iyer. Since issuing orders to the police, jails,
arguably the most important human right in the criminal and other institutions, the Supreme Court, the sentinel of
justice system, as was already said. An important indicator of human rights, has only been able to effect cosmetic reforms,
a society's civilised level is the degree to which human rights and is more respected in the breach than in the observance.
are recognised and safeguarded in the framework of its The Writ Courts are too far away and too expensive for them
criminal processes. Generally speaking, the Supreme Court to be of any service to the poor and uneducated victims of
has expanded the rights of the suspect and the accused via violations of human rights. In the lack of application and
progressive and humane interpretation in an effort to enforcement, the rights now recognised by the courts are
safeguard the interests of the innocent and avoid abuse or illusory. Rather than writing in agony, Justice Krishna Iyer
misuse of police authority. The Supreme Court's evolution of wrote in anger: "However, without a strong court equipped
the law in this manner has undoubtedly drawn criticism from with legal authority, rights that have been formally declared
some places, but this critique is not supported by any and enshrined in large documents are nothing more than
empirical evidence. It is based on the presumption that written nothingness. The jurisprudence of human rights is
providing protection to a suspect or accused will harm transformed into a public law of enforced justice through
society's interests by inciting crime and making it more remedial procedure and jurisdiction, which are practical and
difficult, if not impossible, to catch the perpetrators. operational. The gap between normative claims and
Unfortunately, there isn't a lot of socio-legal or empirical implementation skills in the human rights framework is very
research done in our country, especially in the area of large. As a result, widespread violations of economic, social,
criminology. As a result, our criticism of the law as it has and cultural rights as well as civil and political rights
been interpreted and developed by the courts frequently isn't characterise the situation ".
based on factual or sociological data but instead is based only
on some deeply held beliefs and misconceptions. It is
essential that socio-legal research be conducted in a variety THE MAIN AREAS OF HUMAN RIGHTS VIOLATIONS IN
of criminal law-related areas in order to provide the courts THE CRIMINAL JUSTICE SYSTEM
with assistance as they attempt to craft laws that will promote The combined contribution of socio-economic elements has
society's interests while protecting the rights of the innocent. resulted in an increase in crime on a daily basis. Some of the
The Indian Constitution guarantees the protection of human causes for this include a growth in population, an increase in
rights in accordance with international norms, as evidenced unemployment, and the restriction of opportunity to a specific
by a number of Supreme Court judgements (Singh, 1989). In group of individuals. Organised crime has grown. Organised
accordance with the Human Rights Commission Act of 1993, gangs have such control over funds, weapons, and
State and National Human Rights Commissions may be communication that such crimes have arisen as a severe threat
established to investigate complaints of human rights abuses, not only to the police but also to the very existence of

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 Ashok Kumar Rai, et al.: Human Rights and Criminal Justice System of India - A Critical Study

civilised society. In general, organised crime corrodes IDEAS FOR IMPROVING THE CRIMINAL JUSTICE SYSTEM
society's social, economic, and political fabric. The level of Crimes are frequently performed covertly and with careful
fear inflicted on society by organised gangs is frightening. planning so that the perpetrator may not be directly
These gangs are also behind widespread corruption in social implicated. In these situations, it is crucial to have a powerful,
and economic organisations. In a democratic society, policing perceptive, and tool-capable investigative agency. Forensic
is considered as defending the dignity of the individual ballistics, wiretapping and other forms of electronic
through protecting constitutional and legal rights. When the surveillance, physical examinations of the accused and the
police stop to respect citizens' legal and constitutional rights victim, medical examinations, comparisons of fingerprints,
and consistently disrespect due process of law, democracy is footprints, photographs, and writing, use of tape records, lie
jeopardised. Allegations of police abuse and violence are detectors, and truth serums are just a few of the techniques
continually coming in from all around the country (Sen, 1996, used. To apply these methods, the investigator needs to have
p. 221). A frequent complaint of crime is known to be harshly the right tools and technical expertise.
met in police stations and handled with discourtesy,
indifference, and indignity. Victims of police perversions are To improve the state of law enforcement and foster the
virtually usually the most vulnerable members of society, growth of pro-citizens police in the nation, the police, the
incapable of justifiable self-defence. Under the guise of government, and society all have important roles to play.
combating crime, the police take the law into their own hands Training and ongoing education have a big impact on
and violate the basic human rights of crime suspects. The organisational behaviour. Both the procedures and substance
heinous record of police deviance is evident in the encounter of police training are outdated. The stature and effectiveness
killings, as well as the rapes and deaths in police custody. of the police force may be raised with assistance from all
These are, without a question, the most heinous types of spheres of society, but especially from the media. They can
human rights breaches. at least afford to refrain from disparaging the cops without
cause or justification. If they can increase law enforcement
Similar to the police, prisons are equally as culpable of collaboration, the opposing side is sure to respond
violating human rights. Only by visiting jails can one assess favourably, which will eventually lead to stronger law and
reality. Despite two dozen recommendations on prison order and more societal defence.
reform, including the Mulla Committee report, there are
many instances of jail injustice and the criminal system has Although a timely trial has been acknowledged as a basic
not altered significantly. Additionally, the Supreme Court right since Article 21 requires it, delays in the delivery of
stated in the Hussainara Khatoon case that it is "a terrible justice are frequently experienced. The stages of the
shame on the justice system" that long-term detention of both investigation, prosecution, and trial are all delayed. It is
men and women is permitted. We are yelling from the necessary to set a deadline for each step, as the Supreme
rooftops about upholding and defending human rights. We Court did in Sheela Barse v. Union of India, but the deadline
are speaking passionately and persuasively about upholding shouldn't be too strict or unrealistic because if it is, justice
and preserving fundamental liberties. But are we not would be denied. A hastened justice is a buried justice. A
withholding the right from these unnamed individuals who middle ground between the two extremes is suggested.
have been suffering in prison for years for crimes that may An explicit proclamation of consistent government policy
someday be revealed to be untrue? Are we not depriving these that prohibits abuses of the human rights of those charged by
abandoned and vulnerable people of their most fundamental law enforcement is recommended in order to stop human
freedoms? Are the freedom from imprisonment and the rights violations. A stringent legislation should be passed by
expeditions trail not fundamental liberties and human rights?" governments to penalise those who violate human rights. In
State, the ostensible defender of human rights in the nation, the event of a violation of human rights, governments should
appears to be the worst offender. The mechanisms of coercion act swiftly to remedy the situation.
used by the State erode the basis of human rights. It is States shouldn't shelter themselves from international
disturbing how much more power the executive is scrutiny on the subject of human rights; rather, the system for
concentrating in their own hands. We are seeing the power defending accused people's human rights at the international,
and authority of the State in all of its manifestations. national, and regional levels has to be improved. An efficient
Numerous civil liberties and human rights organisations have system of remedies should be made available by the State to
denounced the federal and state governments for their address human rights abuses. Investigating institutions,
reprehensible disrespect for basic rights and human dignity. prosecuting agencies, the judiciary, and the legal community
The government's tendency toward despotism has made the should work to stop the accused's human rights breaches by
State an oppressor of the underclass. Worst of all, state providing him with adequate and timely legal representation.
terrorism is seen as the solution to individual terrorism. India faces the problem of improving its law-enforcement
apparatus while also advancing human rights in its domestic
criminal administration. On the other side, the country must
avoid being persuaded at the expense of social advancement
and national cohesion. A resolution rests in enhancing

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 Ashok Kumar Rai, et al.: Human Rights and Criminal Justice System of India - A Critical Study

internal human rights culture, which will restore our human-rights/

reputation on the international stage as well.

CONCLUSION
Some groups have voiced disapproval of the Supreme Court's
development of the legislation to defend human rights,
however these criticisms are not supported by any actual
evidence. It operates under the assumption that any protection
provided to a suspect or accused would inevitably harm
society's interests by inciting crime and making it difficult, if
not impossible, to uncover it. Unfortunately, there is less
socio-legal or empirical research in our country, especially in
the area of criminology. As a result, our criticism of the law
as it has been interpreted and developed by the courts is
frequently not based on sociological or factual data but rather
only on some deeply held beliefs and misconceptions.
To help the courts in their difficult task of enacting legislation
that would best serve society's interests while protecting the
rights of the innocent, socio-legal research must be conducted
in a variety of criminal law topics. If the National Human
Rights Commission genuinely dedicates itself to the detection
of human rights violations in crime control activity and
mobilises itself toward corrective and remedial steps, it can
make a significant contribution rather than serving as a
face-saving mechanism against international criticism of
human rights conditions.
A path to reconciliation is to improve the internal culture of
rights, which will refill our image on the world stage as well.
Thus, it may be inferred that in order to defend the accused's
human rights and basic freedoms, we must raise public
knowledge of human rights; otherwise, the notion of human
rights would zigzag one stride forward and two steps back.

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