As mentioned as above, under rule of law everyone shall be fair and equal in front of law. One of the important element In Raz’s principle is the independence of judiciary has to be guaranteed. This showing the judicial independence is the fundamental structure of the idea rule of law. In case M v Home office, it implies that even though the individuals representing the executive, the courts still have power to grant remedies against a minister in his office capacity. The courts are armed with coercive powers exercisable in proceedings for contempt of
Custodial torture and abuse of power of law by the enforcing machineries like police is not only peculiar but it is widespread in this democratic country. It has been the concern of international community as the problem is universal and challenge is almost global. The Article 5 of the Universal declaration of Human Rights, 1948 clearly states that "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment". Further, Article 7 of the International Covenant on Civil and Political Rights, 1966 also states in a similar way. India has already ratified the aforesaid declaration and covenant.
Criminal accountability refers to the responsibility taken for one 's actions when a crime is committed, these crimes may include sexual abuses, theft and murder. Accountability is intended to make sure every crime is taken under prosecution to maintain peace and equality in the country, however, the accountability of one that works within the UN body or with the government remains unclear due to many factors such as immunity, which exempts the criminal from being punished for the crimes they have committed. This is a major problem as it is biased and lacks justice to the violated victims, therefore, it must be taken under extreme deliberation in order to bring peace and exclude discrimination. Iraq has taken extreme care to amend and implement the “Penal Code”, which is a code that aims to categories criminal offences and adopt legal legislations to develop punishments for all the types of possible crimes. The most recent amendment to Iraq’s Penal Code 111 of 1969 was “The Provisional Authority Order No.
One major area of difference is in the reporting of human trafficking cases. Both the South African and Mozambican legislation provide that cases of human trafficking be reported to the police by victims, witnesses or interested third parties. However, in Mozambique the police are not authorised to investigate suspected cases of trafficking without a prior reporting of such cases by victims or witnesses. The opposite is however the case in South Africa where the police are authorised to forcefully enter any premises without a warrant, if they reasonably suspect that those premises are being used for trafficking purposes. The use of force which may include the breaking of doors and windows of such premises, may be carried out after the police had audibly demanded entry and informed the residents of the purpose of their operation (Iroanya,
Such acts are forbidden and punishable by law. The notion that acts such as murder, rape and theft are to be prohibited exists worldwide. What precisely is a criminal offence is defined by criminal law of each country. While many have a catalogue of crimes called the criminal code, in some common law countries no such comprehensive statute exists. The state (government) has the power to severely restrict one 's liberty for committing a crime.
The Supreme Court of India has explained the term obscenity in the light of morality by applying the Hickin Test. In Ranjit D Udeshi v. State of Maharashtra , the appellant was convicted under section 292 of Indian Penal Code for selling obscene publication (a book, Lady Chattereley’s Lover). Five judge bench held that something which is against public morality cannot be given freedom of speech and expression when the
The law implementing agencies are existing but, judiciary being law interpreting agency and legislative wing being law making agency have also contributed towards the implementation of CEDAW. While performing the role of custodian and guardian of constitutional rights of the citizen and watching towers for performance of duties of the State, several judgments have been given by the different High Courts and by the Supreme Court in India wherein, arms of the existing laws have been extended to embrace within it the ideologies of equality, liberty and fraternity. Elimination of discrimination, being ultimate product of maintaining equality will have to be viewed as a negative checkpoint to attain the result of elimination of all forms of discrimination. The women, as a class, being most oppressed and suppressed, dejected and rejected, exploited and underprivileged, need to be taken utmost care to see to it that the discrimination may not go any further. Exemplifying by judgments of Hon’ble Apex Court of India in this part of chapter in view of the fact that the subject of the research is administration of CEDAW in India and its rate of success to eliminate all forms of discrimination against women can reasonably be relate to the contribution of judiciary.
For example, the Indonesia can adopt a statute that makes it a crime for anyone to commit an act of murder within its borders and the subjective aspect of the territorial principle would recognize the power of the United Kingdom to enact such a statue. For the real example case, the murder case in Los Angeles in 1994 by Harnoko Dewantoro or Oki (an Indonesian citizen). The victims of the murder committed by Oki are two Indonesians (Gina and Eri), and one India citizens (Suresh) in Long Angeles 1994. This case raises jurisdictional competition between the two countries. The US claims and asserts jurisdiction based on the principle territoriality (territorial jurisdiction) for the scene, evidence, evidence, including the victims of the case and within the United States (Los Angeles).
Hereafter, X and Y continued to assault suspect under the watchful eye of the policewoman. The court held that for X the principle in the Minister van Polisie v Ewels could not be applied as intent was an element of offence. In this case we consider the Bill of Rights contained in Chapter two of the Constitution of the Republic of South Africa which affirms the democratic values of human dignity, respect and equality and says that the state must respect, protect, promote and fulfil the rights in the Bill of
Some of the cases taken up by the NHRC have proven its effective functioning and enforcement to establish a balance in the society. Like, in the case of the Gujarat riots, where suo-moto cognisance of the matter was taken on the basis of media reports. The commission had in actual approached the Supreme Court on behalf of the victims. Then again in the Punjab mass cremation case, the commission found grave violation of rules of cremation on unidentified bodies in turn violating the dignity of the dead. On persistence shown by the commission the Supreme Court found the state guilty.