Author: VARNIKA SINGH
ABSTRACT
” The felonious justice system in India is precisely designed to save indigenous values. The system, which consists of the four primary pillars of the bar, police, incarcerations, and media, is essential to conserving social order. In particular, this study explores the part of police in jail administration, addressing current problems and difficulties that directors and convicts must deal with. specially, it not only recognizes these issues but also proposes workable results that are nearly linked to abecedarian rights defended by the constitution and necessary for a functional felonious justice system.” mortal rights are essential boons that are ingrain to every person from the moment of their birth; they’re inalienable andintrinsic. There are numerous exemplifications in countries similar as India of people’s mortal rights being violated in a variety of surrounds. These rights are the result of humanity’s participated desire.” mortal rights are essential boons that every person has by virtue of their birth; they’re defined by their essential and untouchable nature. There are numerous exemplifications in countries similar as India of people’s mortal rights being violated in a variety of surrounds. These rights are the result of humanity’s participated desire for a world in which each person’s natural quality is admired and valued. The Universal Declaration of Human Rights emphasizes how important it’s to cover mortal rights and quality in order to promote freedom, justice, and peace on a worldwide scale. mortal rights were given top precedence by the UN after World War II, which sparked the creation of” International Human Rights Law” and the elaboration of transnationallaw.In addition to furnishing individual protection, mortal rights are essential for promoting social fairness in a country.. These rights stem from humanity’s collaborative aspiration for a life where every existent’s essential quality is conceded and recognized. The Universal Declaration of Human Rights underscores that upholding mortal rights and quality is abecedarian to fostering freedom, peace, and justice encyclopedia ally. Post-World War II, the United Nations prioritized mortal rights, egging the development of transnational law and the emergence of’ International Human Rights Law.’mortal rights serve not only as protections for individualities but also as pillars for fostering social justice within a nation.
Any country’s felonious justice system, which includes both the judicial and investigative branches, is the foundation for establishing peace and order. As a pivotal area of mortal rights, it’s constantly assessed to make sure that everyone concerned — victims or indicted — maintains their quality and that peace and security are saved. Republic is grounded on the rule of law, which is conceded as the stylish form of government for guarding mortal rights.The felonious justice system, which includes the judicial branch, law enforcement, and corrective installations, plays a pivotal part in defending and securing the mortal rights of a country’s residers. With the capability to help, discourage, and discipline crime, it’s essential to upholding social order and mortalrights.In addition, the study looks at important case legislation that have an impact on the felonious justice system and uses secondary data from dependable sources including the Indian government’s Ministry of Home Affairs and the National Crime RecordBureau.The composition concludes with a hopeful note, indicating that ultramodern legal enterprises and issues can be successfully addressed and resolved by coordinated sweats.
INTRODUCTION
The Criminal Procedure Code of 1973 defines thepre-trial process, which includes both arrest and inquiry. The three main corridors of India’s felonious justice system are the police, the bar, and the captivity system. In India, mortal rights are deeply hardwired as abecedarian rights and are seen as inalienable rights of all citizens. As a result of their violation, citizens are entitled to file a complaint under Composition 32 of the Indian Constitution and Article 226 of the High Court to seek requital.
The Indian bar has surfaced as the custodian of mortal rights among the three arms of government. It largely carries out this function by creatively interpreting and applying the mortal rights vittles of the constitution.While the significance of mortal rights is widely conceded, the situations of perpetration vary across jurisdictions., the factual perpetration has not always met prospects.” The major ruling in Rudul Shah V. State of Bihar, in which the Supreme Court upheld that victims of unlawful arrest were entitled to compensation for the violation of their abecedarian rights under Part III of the Indian Constitution, serves as a testament to the progress made in defending mortal rights.
” It’s grounded on Composition 10 of Universal Declaration( UDHR) which provides that “ Everyone is entitled in full equivalency to a fair and public hail by an independent and unprejudiced bench, and the determination of his rights and scores and of any felonious charge against him. ”.
In the case of Moti Lalv. State of UP, the Indian Supreme Court honored abecedarian rights as essential rights. Composition 10 of the Universal Declaration of Human Rights guarantees the right of access to courts of law, which is arguably the most important mortal right in the felonious justice system.
The Indian Constitution protects mortal rights in agreement with transnational morals, as demonstrated by multiple rulings by the Supreme Court. National and State Human Rights Commissions are established under the Human Rights Commission Act of 1993 to look into complaints of mortal rights breaches and government crunches in stopping similar violations.
THE PRINCIPAL SECTORS OF HUMAN RIGHTS ABUSES IN THE CRIMINAL JUSTICE SYSTEM:
- Crime
- Police
- Courts
- Prisons
- State & Others
“A number of socio-political and economic factors are combined to explain the growth in crime rates. This increase is a result of a number of factors, including population growth, unemployment, and the denial of opportunity to some groups of society. Furthermore, there has been a notable increase in organized crime, with criminal gangs controlling a substantial amount of money, weapons, and communication networks.
The regular conduct of crimes for financial gain is referred to as organized crime. Smuggling, money laundering, and human trafficking are a few instances.In India, a number of laws and actions are designed to combat organized crime
The Maharashtra Control of Organised Crime Act (MCOCA) of 1999 is one such act that specifically targets organized crime, enabling the establishment of special courts and granting law enforcement agencies special powers for investigation and prosecution.
Additionally, the Prevention of Money Laundering Act (PMLA) of 2002 aims to prevent money laundering associated with organized crime and allows for the confiscation of assets derived from criminal activities. The Narcotic Drugs and Psychotropic Substances Act (NDPS Act) of 1985 addresses organized drug trafficking, imposing stringent penalties for related offenses.
The Unlawful Activities (Prevention) Act (UAPA) of 1967, initially focused on terrorism, has been expanded to cover organized crime activities, including funding and support for such organizations. The Criminal Law (Amendment) Act of 2013 introduced changes to existing laws, strengthening the legal framework against organized crime and sexual offenses, including harsher punishments, such as the death penalty in certain cases. Furthermore, the Juvenile Justice (Care and Protection of Children) Act of 2015 addresses juvenile offenders, though not directly targeted at organized crime.
These legislative measures collectively provide the legal framework for combating organized crime in India.
POLICING
By defending people’s legal and constitutional rights, policing is seen as crucial to maintaining people’s dignity in a democratic society. But when law enforcement organizations disregard the legal and constitutional rights of citizens, democracy is put in jeopardy. It is common knowledge that people who report crimes frequently experience impolite behavior, discourteousness, and indignity in police stations. Regrettably, victims of police abuse usually come from underprivileged backgrounds and are unable to afford appropriate self-defense. Human rights violations that are particularly severe are encounter deaths, rapes, and deaths that occur while a person is in the custody of the police.
Similar to police agencies, prisons are often linked to violations of human rights. The only way to truly comprehend the scope of these atrocities is to visit correctional facilities in person. The Supreme Court harshly criticized the legal system and brought attention to the injustice of long-term imprisonment in the historic Hussainara Khatoon case.Human rights are obviously being violated by the protracted deprivation of freedom and the lack of quick and impartial trials.
Paradoxically, the State, which is purportedly responsible for protecting human rights, frequently turns out to be the main transgressor.
ROLE OF POLICE IN JAIL ADMINISTRATION
All of the criminal justice system’s pillars are crucial, but police conduct has a major impact on how well directives are carried out and how well the system is monitored. Their proactive participation is necessary to ensure that the entire system runs smoothly.”
An overview of the ways in which police support jail management is provided below:
First Processing: When someone is apprehended, the police begin the initial processing of that person by taking down their personal information, collecting evidence, and filling out the required paperwork. For prisoner records to remain accurate, this information is essential.
Security and Order Maintenance: Police officers play a crucial role in keeping the jail’s perimeter secure and orderly. They monitor prisoners, patrol the prison area, and react quickly to any emergencies or disturbances.
Assistance with Investigations: In certain instances, police carry out further investigation work after being placed under arrest. They may collect further evidence, speak with witnesses, or work with jail personnel to get relevant data.
Rehabilitation and Reintegration: Although police officers are not actively involved in rehabilitation programs, they may nevertheless interact with prisoners to provide advice, assistance, or referrals following their release. This helps to ensure a successful reintegration and lowers the rate of recidivism.
Overall, the police play a multifaceted role in jail administration within the Indian criminal justice system, safeguarding the well-being of detainees and upholding principles of law and order.”
CONTEMPORARY ISSUES AND CHALLENGES
India’s correctional system faces a number of problems and difficulties.
Issue with Insufficient Manpower
One of the main problems is understaffing, which refers to the large discrepancy between the authorized and actual numbers of executive, ministerial, medical, and correctional staff, among other staff members.
Sufficient Methods of Investigation
It is crucial to make use of contemporary instruments and methods like forensic analysis, electronic surveillance, fingerprint analysis, photo comparisons, and physical and medical evaluations. To use these techniques effectively, investigators need to have the right tools and training.
Improved Police Personnel Training
Administration of jails is hampered by the inadequate training of jail staff, especially in areas like Uttar Pradesh. Ensuring the safety of convicts and preventing situations such as jailbreaks are made possible by providing them with high-quality training. Enhancing training initiatives is necessary to fortify the criminal justice system.
Developing Standardized Treatment Procedures
There is now no established procedure in India for the treatment of inmates, which makes it difficult to distinguish between those who are undertrials and those who are convicted. All inmates—convicts as well as those awaiting trial—
Handling Prison Overcrowding
The high rates of jail occupancy in India are indicative of a widespread problem with overcrowding. To address this issue, several committees have been constituted, such as the Justice Amitabh Roy Committee. It is necessary to take action to reduce jail congestion and enhance living circumstances inside.
Lowering the Undertrial Population
The CJS is concerned about the large number of undertrials, who make up a sizable fraction of the jail population. This problem is exacerbated by court processes taking longer than expected, underscoring the necessity of resolving matters quickly. There might be a decrease in the number of undertrials waiting for trial by using alternative dispute resolution procedures and accelerating court cases.
VIOLATION OF CONSTITUTIONAL GUARANTEES FUNDAMENTAL RIGHTS OR HUMAN RIGHTS IN CRIMINAL JUSTICE SYSTEM
India’s criminal justice system has been under intense scrutiny and criticism for failing to protect human rights and the constitution in a number of crucial areas, including:
- Right to a Fair Trial: There have been documented cases where people’s rights to a fair trial have been compromised by judicial delays, a lack of legal representation, and the use of torture to coerce confessions.
- Police brutality and Custodial Deaths: Political activists and marginalized communities are disproportionately affected by reports of police brutality, excessive use of force, and custodial deaths, including torture and custodial rape.
- Arbitrary Arrests and Detentions: Laws like as the NSA and UAPA, which permit extended imprisonment without charge or trial, have been accused of arbitrarily silencing opposition and singling out political rivals.
- Minority Rights Violation: The criminal justice system has failed to protect the fundamental rights of minority communities, especially religious and ethnic minorities, as seen by the discrimination, violence, and conflicts among communities.
- Inadequate Legal Aid and Access to Justice: People who are marginalized and economically disadvantaged frequently do not have access to sufficient legal aid, which impedes their ability to access justice and perpetuates inequality.
The fundamental structure concept was upheld in the Kesavananda Bharati v. State of Kerala decision, which emphasized secularism, unity, integrity, and fraternity as its guiding principles. It ensures adherence to the spirit of the Constitution by requiring a coherent interpretation of its provisions to prevent breaches of fundamental rights.
The Supreme Court, in Sunil Batra v. Delhi Administration, stressed the need to enhance circumstances for inmates and categorically condemned the use of torture in jails. The many issues that inmates and jail officials encounter have been the subject of several committees, court rulings, and government initiatives.
COURTS
In the Indian criminal justice system, courts play a crucial role in ensuring justice for prisoners and common people, particularly in cases of unauthorized arrest and other violations of rights. Here’s how:
- Judicial Review of Arrests: Courts have the authority to review the legality of arrests made by law enforcement agencies.
- Fair Trials: Courts ensure that all individuals, including prisoners, receive fair trials. This includes the right to legal representation, the presumption of innocence until proven guilty, and the right to a speedy trial.
- Protection of Rights: Courts protect the fundamental rights of individuals, including prisoners and common people, by ensuring that due process is followed.
- Remedies for Unlawful Detention: If someone is unlawfully detained or arrested, courts can provide remedies such as compensation or ordering the release of the individual.
- Prison Conditions: Courts monitor prison conditions to ensure that they meet basic standards of human rights. They can intervene if there are reports of overcrowding, lack of medical care, or other forms of mistreatment of prisoners.
- Judicial Activism: Indian courts have shown judicial activism in addressing issues related to prisoners’ rights and unauthorized arrests. They have passed judgments and issued guidelines to protect the rights of prisoners and uphold the rule of law.
Overall, the judiciary in India plays a vital role in safeguarding the rights of prisoners and common people, ensuring that justice is accessible and impartially administere.
Human Rights-Based Approach (HRBA)
The adoption of a Human Rights-Based Approach (HRBA) in the Indian criminal justice system is of paramount importance for several reasons:
- Protection of Rights: A HRBA ensures that the rights of all individuals, including suspects, accused persons, and victims, are respected and protected throughout the criminal justice process.
- Accountability: Incorporating HRBA principles into the criminal justice system promotes accountability among law enforcement officials, prosecutors, judges, and other stakeholders. It emphasizes the importance of upholding human rights standards and holds those responsible for human rights violations accountable for their actions.
- Enhanced Access to Justice: By prioritizing human rights, the criminal justice system becomes more accessible to all members of society, including marginalized and vulnerable populations. This can help address issues of discrimination and ensure that justice is served equitably.
- Prevention of Abuse: A HRBA can help prevent abuses of power within the criminal justice system by establishing clear guidelines and procedures that respect human rights principles. This includes measures to prevent arbitrary detention, torture, and other forms of abuse.
- International Obligations: India is a signatory to various international human rights treaties and conventions, and adopting a HRBA in the criminal justice system helps fulfill its obligations under these instruments.
In summary, the adoption of a HRBA in the Indian criminal justice system is crucial for ensuring the protection of human rights, promoting accountability and access to justice, preventing abuses, and upholding the rule of law.
SUGGESTIONS FOR IMPROVING THE SYSTEM OF CRIMINAL JUSTICE
Improving the human rights culture at home will lead to reconciliation and improve our standing internationally as well.
a) Advanced Methods of Research
Crimes are frequently well-planned in order to prevent the offender from having direct proof against them. Thus, having a skilled investigation team with cutting-edge equipment becomes essential. Many techniques are used, including medical and physical tests, eavesdropping, electronic surveillance, photographic comparisons, forensic ballistics, fingerprint and footprint analysis, and tape recording analysis.
b) Increased Accountability for Police
The police, the administration, and society must work together to enhance law enforcement and develop a police force that is focused on the needs of its citizens. Sheela Barse v. Union of India case, is essential. However, these time limits should strike a balance between expediency and fairness, as rushed justice is as detrimental as delayed justice.
d) Implementation of Uniform Policies
Governments should officially denounce human rights crimes committed by law enforcement agents in order to stop them. Enacting strict legislation is necessary to penalize those who violate human rights. It is also necessary to respond to any infractions with swift remedial measures.
e) Strengthening Human Rights Protection
At the global, national, and regional levels, more should be done to defend the accused people’s human rights. It is necessary to set up efficient channels for addressing abuses of human rights. To stop violations of human rights, the judiciary, the legal community, and investigative and prosecution authorities should make sure that enough legal aid is provided.
CONCLUSION
Many reports from domestic sources have been published, detailing human rights breaches that occurred both before and during the emergency. Practices that flagrantly violate constitutional rights are the target of criticism. The police are essential to preserving peace and order in the nation, including in the jail administration system. But there are a lot of problems and difficulties that administrators and inmates alike must deal with. The significance of adopting a human rights-based approach (HRBA) that prioritizes the rights of all parties involved, including survivors of trafficking as well as those arrested, accused, and convicted, has been highlighted by the implementation of a standardized training procedure across all jails, following the model jail preceding discussions.The HRBA improves the overall efficacy of the criminal justice system by moving away from a traditional approach that focused only on prosecuting crimes and toward one that prioritizes protecting survivors and prosecuting offenders while adhering strictly to due process. In the end, the implementation of HRBA allows the system to carry out its essential responsibility of striking a balance between the protection of the accused’s rights and the rights of survivors (in the public interest).
FAQ
Q.What are human rights in the context of the criminal justice system?
A: Human rights in the criminal justice system refer to the basic rights and freedoms to which all individuals are entitled, regardless of their status or circumstances, including the right to a fair trial, freedom from torture or cruel treatment, and the right to be treated with dignity and respect.
Q: How does deviance intersect with human rights within the criminal justice system?
A: Deviance refers to behavior that deviates from societal norms or expectations. In the criminal justice system, deviance can manifest through discriminatory practices, excessive use of force by law enforcement, or violations of due process rights. Addressing deviance requires upholding human rights principles to ensure fair and equitable treatment for all individuals involved.
Q: What are some examples of human rights violations in the criminal justice system?
A: Examples include arbitrary detention, denial of access to legal counsel, use of torture or ill-treatment during interrogation, discrimination based on race, gender, or socio-economic status, and lack of accountability for abuses committed by law enforcement or prison officials.
Q: How can human rights be protected and promoted within the criminal justice system?
A: Protecting and promoting human rights requires implementing effective legal safeguards, ensuring access to justice for all individuals, conducting thorough and impartial investigations into allegations of abuse, providing adequate training for law enforcement and judicial personnel, and fostering a culture of accountability and transparency.
Q: What role do international human rights standards play in shaping the criminal justice system?
A: International human rights standards, such as those outlined in treaties and conventions, serve as guiding principles for the development and implementation of laws, policies, and practices within the criminal justice system. These standards provide a framework for promoting fairness, equality, and respect for human dignity.
Q: How can individuals advocate for human rights in the criminal justice system?
A: Individuals can advocate for human rights by raising awareness about issues of concern, supporting organizations working to uphold human rights, engaging in peaceful protests and demonstrations, participating in advocacy campaigns, and holding policymakers and authorities accountable for their actions.
REFRENCES
- NCRB (2018) NCRB Prison Statistics India 2018. Available at: hps://ncrb.gov.in/prison- statistics-india
- NCRB (2019) Prison Statistics India 2019. Available at: hps://ncrb.gov.in/sites/default/les/PSI-2019-27-08-2020.pdf (Downloaded on: 3 Sept 2020)
- The Prisoners Act, 1900, India. Available at: hp://legislative.gov.in/sites/default/les/A1900-03.pdf (Downloaded on: 1 Sept 2020)
- The Prisons Act, 1894, India. Available at: hps://www.indiacode.nic.in/bitstream/123456789/2325/1/A1894-9.pdf (Downloaded on: 1 Sept 2020)
- https://www.ijarnd.com/manuscripts/v3i1/V3I1-1206.pdf
- https://jhumanitarianaction.springeropen.com/articles/10.1186/s41018-023-00143-4#Sec20
- https://nhrc.nic.in/sites/default/files/CriminalJustice.pdf
