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Protection Of Human Rights

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6. Balancing Rights of the accused and the victim The protection of human rights through the criminal justice delivery system is an indispensable feature of any system governed by the rule of law. the protection of human rights have been acknowledged to varying extents across time, but since the Second World War, the universality of human rights has been recognized by the United Nations as inherent in the very nature of human beings – a reflection of their common humanity.
The Constitution of India, in its Part III, guarantees a set of Fundamental Rights to citizens. A few of these rights are also available to the accused, a suspect as well as an under trial. These rights are guaranteed under Articles 14, 19, 20, 21 and 22. Prisoners are also …show more content…

The words ‘life’ and ‘liberty’ appearing in Article 21 has been construed by the Hon’ble Supreme Court of India in an open all encompassing way that it has now matured to an extent not seen in their mind’s eye by the fathers of the Constitution or by the Judges who gave it an initial lustre. In Maneka Gandhi’s case 37, the Hon’ble Supreme Court, held that the Article is a recognition and declaration of rights, which inhere in every individual. It was a major departure from the narrow interpretation of Article in A.K.Gopalan’s Case38.This remarkable expansion of Article 21 paved way for the resurrection of many non-justifiable Directive Principles as enforceable fundamental rights. The word ‘deprived’ used in Article was supposed to impose upon the State the negative duty not to interfere with the life or liberty of an individual without the sanction of law. With the magic wand of judicial activism, Judges imposed a positive obligation upon the State to initiate steps for ensuring to the individual a better enjoyment of his life and dignity. This positive aspect of the article essentially is a suitable tool for the higher judiciary to protect victim’s …show more content…

The Malimath Committee recommendations will be implemented stage by stage to bring about reforms in Criminal Justice System.
Reference:
1.State of Punjab v.Ajaib Singh, AIR 1953,SC 10
2.Avinash v.State of Maharastra (1983) Cr.L.J 1833 (para 9) Bombay
3.Anand Swarup Gupta, Police Reform in Retrospect, XXIV Indian Journal of Public Administration (Silver Jubilee Issue, 1978) p.59.
4.Ibid. p. 60
5.H.N.Rishbud and Indersingh v.State of Delhi [(1955) 1 SCR 115]
6.Manohar Lal Sharma v. Principal Secretary [2013 STPL (Web) 1017 (SC)] para. 29
7.(1997) 1 SCC 416: 1997 SCC (Cri) 92: AIR 1997 SC 610
8.K.P.Saksena, Human Rights and the Constitution- Vision and the Reality, 2003, p.246
9.Pathumma v. State of Kerala, A.I.R. 1978 S.C. 771
10. http://nhrc.nic.in/Documents/sec-3.pdf.
11.Maneka Gandhi v. Union of India, A.I.R. 1978 S.C. 597;
12.Kartar Singh v. State of Punjab, (1994) 2 S.C.R. 375, 1994 Indlaw SC 525, para.

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