Violations of Human Rights in Indian Legal System

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 D.D.Basu, has rightly said the meaning of Human rights as ‘’the minimum rights which every individual must have against the State or Public Authority.’’ Human Rights are those rights relating to life, liberty, dignity, equality of the individuals, and justice to the individuals. 

Human rights may be defined as moral and legal rights, which aim to ensure human dignity and are established through legal process. It is generally believed that the State is the Protector and guarantor of human rights through the national legal system.

 Human rights are those that each individual has as a human being right from birth. Typically natural and basic Human rights are as good as the fundamental rights that a person has independent of other rights .To uphold human rights and here protect and secure the rights of citizens of the nation. The criminal justice framework comprising police and prosecution has a vital role to play in protection of human rights. Nevertheless, the Police and the Jail authorities brutally run opposite to the values of human rights.

The Supreme Court gave protection to human rights by various judgments like in the Mrs. Manika Gandhi Versus Union of India,” AIR 1978 SC 597.” The Supreme Court held that cancellation of Passport authority without giving her any opportunity of hearing was violation of natural justice and her personal liberty to go abroad. Article 21(Twenty One) of Constitution of India says that no individual should be denied life and individual liberty, save in accordance with methods endorsed by law. The procedure established by law in accordance with Article 21(Twenty One)  must be fair and reasonable, 

In the Sunil Batra versus Delhi administration (1978) 4 SCC 409 uses of hand-cuffs on body of the convict was held to be violation of the freedom of movement and personal liberty of the convicted person in this case the Supreme Court rejected the “hands-off” doctrine and ruled that fundamental rights, do not flee the person as he enters the prison although the rights may suffer some shrinkage necessitated by detention. In another case “Mrs Sheela Barse versus Union of India, JT 1988 (3) 15, the court said that the children ought not be limited to correctional facilities since it incorporates a dehumanizing impact and is hurtful to the development and improvement of children” The court requested that where complaint is recorded or a to begin with data report is held up against a child underneath the age of sixteen and a long time for an offence culpable with detainment of not more than seven years, the examination ought to be completed with three months and in case the examination is not completed within three months, the case against the child ought to be treated as closed. This is a good example of protection of human rights of the juveniles.

The Protection of Human Rights Act of 1993 sets down the structure of state & National Commissions on Human Rights to evaluate the violations of human rights. Under this Act, the Courts of the first additional district and session’s judge have been designated as human rights court, at the district level.

In conclusion we can say that the violations of human rights are very much prevalent in our country and the Supreme Court has restored the human rights of citizens time and again by their judicial decisions.

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