Author : Nishtha Tripathi, 3rd year student, B.A.LL. B; Gautam Buddha University
Abstract
The study explores the complex legal structure dealing with the medical examination of accused persons in India with focus on the Code of Criminal Procedure and the Bhartiya Nagar Suraksha Sunita. It also compares these provisions with relevant human rights instruments such as the Convention Against Torture and the International Covenant on Civil and Political Rights. These questions guide analysis such as the effectiveness of law within the context of enforcement and individual rights to be protected. As defined in the title, the article seeks to highlight how laws of India interface with human rights as well as the other way around focusing on the crucial domain of legal and human rights relations with regard to the medical examination of the accused persons.
A holistic study of the interrelated bodies of law aims at constructing the debate on the issues surrounding justice and dignity in relation to human life in the context of the criminal justice system looking for answers to these questions: what constitutes an order with respect to law enforcement. This inquiry is critical for anyone who wishes to grasp the paradox of law enforcement and India individual rights.
