1

PROJECT TOPIC- ROLE OF CRIMINAL JUSTICE SYSTEM

AND HUMAN RIGHTS IN INDIA

A paper submitted in partial fulfilment of the course Criminal

Justice and Human Right during the academic year 2021-2022

SUBMITTED BY:
Rajneesh Kumar
Enrolment no- CUSB2113131024

SUBMITTED TO:
Mrs. POONAM KUMARI
FACULTY OF Criminal Justice and Human Right

Central university of South Bihar , Gaya

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DECLARATION BY THE CANDIDATE

I hereby declare that the work reported in the Seminar paper entitled “ROLE OF CRIMINAL
JUSTICE SYSTEM AND HUMAN RIGHTS IN INDIA” submitted at Central university of
South Bihar is an authentic record of my work carried out under the supervision of Mrs.
POONAM KUMARI . I have not submitted this work elsewhere for any other degree or
diploma. I am fully responsible for the contents of my Project Report.

(Signature of the Candidate)

Rajneesh Kumar
Central university of South Bihar
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TABLE OF CONTENTS

1. INTRODUCTION – Human rights and the Criminal

Justice System in India …………………..4 - 6
2. Current Scenario and loopholes of Criminal Justice
System in India …………………………..7 - 10
3. Human Rights and Judicial Endeavour for its
protection………………………………….11 - 15
4. Supreme Court Jurisprudence on Human
Rights………………………………………16 - 19
5. Suggestions for improving the Criminal Justice
System………………………………………20 - 22
6. Conclusion …………………………………23 -24
Bibliography
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CHAPTER 1 - INTRODUCTION - HUMAN RIGHTS AND THE CRIMINAL

JUSTICE SYSTEM OF INDIA

Human Rights are those rights which every individual possesses by his birth as a human
being. In other words, it can be said that Human Rights are those minimal rights, which every
independent person must have as the citizen of India, irrespective of any other consideration
of caste, creed, gender, religion, etc. These rights are naturally inherent and inalienable.
However, in every walk of life, Human rights are violated not by other fellow individuals but
also by the social institutions established with the sole purpose of safeguarding the rights of
all. The denial of human rights and fundamental freedom is not only an individual and
personal tragedy. It also creates situations of chaos in society. The extent to which human
rights are appreciated and protected within the backdrop of its criminal proceedings is an
important measure of society‟s civilization.1

The Criminal Justice System consisting of Police, Legislature, Judiciary, and Correctional
Institutions plays a major role in effectuating human rights and thereby, protect and safeguard
the human rights of the citizens of a country. Sometimes, these pillars of the Criminal Justice
system go against the tenets of human rights like there is violence in police custody and
prison, illegal confinement of innocent, internet shutdown, political unrest, etc. Despite the
persistent intervention of the judiciary to control these excesses, such incidents of human
rights violations have been increasing day by day

A basic minimum standard of treatment to which the system of criminal justice of every country
must conform has been laid down by Articles 9 to 12 of the Universal Declaration of Human
Rights and Article 10 of the International Covenant on Civil and Political Rights. These are:

 Everybody who is deprived of his liberty should be treated with a sense of humanity, i.e. with
respect for the intrinsic dignity of a human person. Based on this principle, Article 21 of
the Indian Constitution guarantees the right to life and personal liberty. Supreme Court of India
has held in the case of Francis Coralie v. Union Territory of Delhi, that „life‟ in Article 21
means life with human dignity.
 A person cannot be arrested, detained, and exiled arbitrarily. Similarly, Article 21 of the
Constitution of India provides that no person shall be deprived of life and personal liberty except
according to the procedure prescribed by law. After the judgment of the Supreme Court

1
"U.S. Criminal Justice System Overview - CorrectionalOfficer.org". www.correctionalofficer.org.
 5

in Maneka Gandhi v. Union of India, the procedure under Article 21 must be fair, just, and
reasonable and cannot be tyrannical, unfair, or unreasonable.
 Everyone charged with a penal offense has a right to be presumed innocent until proved guilty in
a public trial and he has all the guarantees necessary for his defence. Indian criminal
jurisprudence is based on this radical principle.
 No one shall be held guilty of any penal offense on account of any act or omission which did not
constitute penal offense at the time when it was committed. Article 20(1) of the Indian
Constitution also provides that a person can only be punished for the offense which is treated as
an offense in the substantive law at the date of its commission and he/she cannot be subjected to a
penalty greater than they have committed.
 No one‟s privacy, family, home, or correspondence should be subjected to arbitrary interference.
Such a right was recognized by the Supreme Court enshrined under Article 21 of the Constitution
in Kharak Singh v. State of U.P., and after Maneka Gandhi‟s case, it is clearly established that
procedure must be fair and reasonable which by connotation prohibits such arbitrary interference.
 Accused persons, save in exceptional circumstances, be segregated from those who have been
convicted and be treated separately. Similarly, juvenile persons should be separated from adults
and treated according to their age and status. In Sunil Batra v. Delhi Administration, the Supreme
Court held that keeping under trial prisoners, who are presumed to be innocent, with convicts
contradict the test of reasonableness under Article 19 or fairness under Article 21. In Sheela
Barse v. Union of India, Supreme Court emphasized that children should not be confined to jails
because it has a dehumanizing effect and is harmful to the growth and development of children.
 The aim of the Penitentiary system is primarily the reformation and rehabilitation of criminals. In
recent years endeavors have been made in this direction also but need more efforts in this regard.

Hence, the Indian Constitution as illustrated by several decisions of the Supreme Court
contributes to the protection of human rights in conformity with international
standards. The Human Rights Commission Act, 1993 provides for the constitution of National
and State Human Rights Commissions to enquire into grievances of violations of human rights
and incompetency on the part of the Government machinery in prohibiting such violations and to
recommend measures for effective implementation of laws provided by the Constitution and
various statutes of the country.
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AIMS AND OBJECTIVE-

The aim of researcher, in doing the research work is to give a broad outline of human rights and
Supreme Court of India.

The project will further analyze the various aspect of “Art 21as interpreted by apex court” in
contrast with the various judicial precedents which are relevant to the topic.

RESEARCH METHODOLOGY:-

As whole research work for this work is confined to the library and books and no field work has
been done hence researcher in his research work has opted the doctrinal methodology of research.
Researcher has also followed the uniform mode of citation throughout the project work.

SOURCES OF DATA:-

For doing the research work various sources has been used. Researcher in the research work has
relied upon the sources like many books of International Law, Articles, and Journals. The online
materials have been remained as a trustworthy and helpful source for the research.

SCOPES AND LIMITATIONS:-

Though the researcher has tried his level best to not to left any stone unturned in doing his
research work to highlight the various aspects relating to the topic, but the topic being so vast and
dynamic field of law and whose horizon and ambit cannot be confined and narrowed down, the
research work has sought with some of the unavoidable limitations.

HYPOTHESIS:-

Researcher by reading and doing preliminary research researcher is of the opinion that Supreme
Court Of India is protecting Human Rights through the power conferred through various articles
in the constitution.,
 7

CHAPTER 2 - Current Scenario and loopholes of

Criminal Justice System in India
Presently, our criminal justice is archaic, obsolete, and oppressive, which faces heavy criticism
when issues of human rights are raised at national and international fora. These criticisms come
not only from our human rights activists, scholars, writers, journalists, the chieftains of criminal
justice, but also from International sources like Amnesty International, World Watch, etc. The
situation is worsening because two-third of the criminal justice system comprises of policy and
prisons that quite often violate human rights and perpetuates human wrongs, and the tiny one-
third comprises of the judiciary (largely through apex court) tries to protect and promote human
rights.2

There are countless numbers of reports on chilling human rights abuses of the pre-emergency era
and emergency era, which have emerged from indigenous sources. The successive convergence
of these reports represents continuing patterns of abuse in the administration of criminal justice in
the country. The reports mainly focus on torture, including custodial rapes and deaths. The
reports criticize blatantly unconstitutional practices. The two-third sub-systems blame the apex
court and some of its human rights-minded judges as a bleeding-heart liberal, impractical
idealists, arm-chair theoreticians, etc. The court, on the contrary, churns out judgments and
judgments, which fret at the derelictions of police and prisons. The result is that our system of
criminal justice has a double face; one harms and the other tries to heal.

The principal sectors of Human Rights Abuses in the Criminal Justice System are as follows:

 Crimes: The increase in crime leads to enhance in their variety because of socio-political-
economic factors. Organized crimes have also escalated which is a serious challenge not only to
the police but also to the existence of civilized society itself. The worrying factor is that there is a
linkage between organized criminals and terrorists. Hence, posing a threat to the national security
itself.
 Police: Policing in a democratic society is seen as upholding the dignity of the individual by
safeguarding constitutional and legal rights. However, democracy gets threatened when the police
cease to respect the legal and constitutional rights of the citizens and persistently disregard the
due process of law. It is commonly seen that when a complainant approached the police for filing

2
Criminal Manual Coat Pocket Edition in 2 Vol. containing Cr.p.c, IPC & Evidence Act. Eastern Book
Company. 2014. ISBN 978-93-5145-064-1.
 8

a grievance, he is treated with discourtesy, indifference, and indignity in the police station.
Though the use of third-degree methods is an accepted practice of the police methodology of
interrogating the accused, it has been recognized as a violation of fundamental rights and
forbidden under the law. Still, this method is pervasive and routine in police stations.
 Courts: The courts can take interest and monitor investigation only to the limited matters placed
before them. It has jurisdiction only upon what is presented by the police as evidence. The
Criminal Justice System is based on the two golden rules of criminal law that the presumption of
innocence must be proved beyond a reasonable doubt and ten guilties may go free but not even
one innocent person should suffer. However, the quality of human material and the
trustworthiness of witnesses have increasingly come under stress, as the witness turning hostile,
resulting in a large number of acquittals and failing to support the prosecution case of the trial.
 Prisons: The conditions in custodial/correctional prisons are violative of human rights. The
prison administration in India has been always a subject of criticism in the press, parliament, and
judiciary. Overcrowding in prisons, prolonged detention of under-trial prisoners, unsatisfactory
living conditions, lack of treatment programs, and allegations of indifference and even in the
human approach of prison staff have repeatedly attracted the attention over the years.
 State: The so-called protector of human rights in the country appears to be the biggest violator.
The factors infiltrating the machinery of State are coercive processes, the concentration of powers
in the hands of the executive, the dominance of the state, condemnation by human rights activists
and civil liberty, the despotic proclivity of the authorities, terrorism of the extremists, etc.

Loopholes in the existing criminal justice system

A person is surprised if he/she learns that they did not get the relief or cure that they might
have expected, and gradually loses confidence in the framework of government. The process
is thus disconnected from the people it was built for and nurtured over time. There may be
other facts and circumstances in the form of factors that lead to the system‟s challenges and
they are:

1. Lack of transparency.

2. Pendency of cases.

3. Cumbersome procedures.

4. Lack of coordination and system approach.

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5. Corruption.

6. Lack of awareness amongst individuals.

A judiciary that recognizes the rule of law as a basic framework, must abandon the culture of
secrecy that surrounds its process. The pendency of litigation is another key issue within the
Indian legal system. A common expression says that “equity deferred is denied
equity” and according to a 2017 survey, there are currently, nearly 60,000 cases pending within the
Supreme Court. Across separate jurisdictions, there are between 25 and 30 million cases. The role of
judges in the 24 High Courts of the nation has nearly 400 vacancies. In the Supreme Court, there are
several pending appeals, and the legal system has been invalidated by the other lower courts. To no
small amount, burdensome procedural regulation frequently leads to the delay in the resolution of
proceedings. 3The lack of control over the case file and legal proceedings leads to the late disposition
of cases in no small measure. The question is furthered by the granting of undue delays simply by
asking for or by “strike call.” The various aspects of the criminal justice system, that is police,
prosecutors, judiciary, and correctional agencies, are typically lacking in comprehension and
teamwork. Corruption being an old evil has been prevalent since the immoral times. Due to delays in
justice, inaccessibility, misuse of power, bribery, and the difficult impeachment process, corruption is
rising in the judiciary. Lastly, due to the lack of information and awareness about the law and its
procedure, misuse, delay, and confusion among individuals is often creating a problem. Speedy justice
has always been the sine qua non of criminal jurisprudence. The core of criminal justice is the right to
speedy trial and justice is inevitably denied. Because of the prolonged pendency of cases, an
individual suffers in multiple and different ways. While he is innocent, he has suffered psychological
trauma, social isolation, and possibly economic disability before he is innocent. 4Although he‟s guilty,
delay shakes his faith in the criminal justice system and makes him cynical. Therefore, it is essential
to eliminate the delay in disposition as far as it is possible for criminal cases. Although in the
Constitution, the right to prompt justice is not expressly stated in the broad sweep of Article 21 as a
fundamental right, it is implied. Article 21 confers on each person, except under the procedure laid
down in law, a fundamental right to not be deprived of their lives or rights. The process for depriving
anyone of freedom may now obviously not be ” reasonable, decent, or equal unless that procedure
ensures a speedy trial for determination of guilt of such a person” said the Supreme Court in the case
of Hussainara Khatoon v. Home Secretary of State of Bihar. The Supreme Court, in A.Lantulay v.
R.S. Nayak, held that the fundamental right under Article 21 ensures an expedited trial to decide on
the culpability of such an individual.

3
Surendra Malik; Sudeep Malik (2015). Supreme Court on Criminal Procedure Code and Criminal Trial.
Eastern Book Company. ISBN 978-93-5145-223-2.
4
Smith, K. J. M. (1998). Lawyers, Legislators and Theorists: Developments in English Criminal Jurisprudence,
1800–1957. Clarendon Press. ISBN 0-19-825723-6.
 10

According to Hon‟ble Justice S.B. Sinha and Justice Dalveer Bhandari of Supreme Court of India:
“Speedy trial is one of the facets of the fundamental right to life and liberty enshrined in Article 21 of
the Constitution of India and the law must endure reasonable, just and fair procedure which has a
creative connotation.”

Various measures have been taken to speed up the disposal of arrears of cases. In particular, on
recommendations of the 11th Finance Commission, the Central Government decided to create 1734
fast track courts for clearing up lingering cases in districts, including plugging the vacancies of
judges, assessing working days or annual vacations in the high courts, the districting and subordinate
courts, and streamlining the rules and procedure and so on. According to the report, clearance of
oldest session cases and cases involving trials in the dungeons shall be given priority by the fast track
court. The prolonged civil cases would also take priority over fresh cases.5

The government has formed a committee on Criminal Justice Reforms of 24.11.2000, which
submitted its report on 21.04.2003, by Dr. Justice V. S. Malimath. The committee‟s primary goal is to
achieve justice, which is to punish those who are guilty and protect those who are innocent. The
committee recommended that the focus of the program should be on the protection of the accused.
The committee found that the immense pending and fresh inflows of cases were inadequately handled
by the judges. The average ratio of judges to the Indian population in many parts of the world is 10.5
to 13 per million, compared with 50 Judges in a million. While the government of India has set up a
system for the handling of “Fast Track Courts” sessions.

5
van den Haag, Ernest (1978). Punishing Criminals: Concerning a Very Old and Painful Question. Basic Books.
 11

CHAPTER 3

Human Rights and Judicial Endeavour for its

protection

Human Rights and judicial endeavours for its protection - Justice delayed is justice denied.

Human right, a basic right, is for all. It is universal and inalienable. These rights are not
conferred by the law, but by virtue of humanity, it is inherited in every human. Human right
is not a new concept it can be audited form the Vedas, Manusmriti, Arthashastra, and some
other scriptures which discourse human rights. In various written documents such as Magna
Carta (1215), French Declaration of Rights of Man and of Citizens (1789), US Bills of Rights
(1791) asserted various individual rights. In the 20th century, the United Nations came into
existence in 1945, after the Second World War. After 3 years in 1948, UDHR (Universal
Declaration of Human Rights) was presented to the world with 30 articles which awarded the
first recognition to the human rights universally. Now various international conventions,
treaties, covenants, and domestic laws also emphasize on keeping human rights out of
jeopardy. In the present article, vehemence is on how efficaciously judicial body acted to the
protection of human rights.

India and Human Rights:-

India a largest democratic country is also a signatory of the UDHR. UDHR safeguard civil,
economic, cultural, political and social rights. Indian constitution shield human rights from
peril in the form of guaranteed fundamental rights. Same as human rights theses are inherited
by birth. These rights can not be amended as it is the part of the basic structure of our
constitution6. Part III and IV of the constitution put an obligation on the state to protect
Human Rights though part III is enforceable but not part IV. The preamble of the
Constitution also talks about the protection of the dignity of an individual. Constitution
directs the state to make endeavours for Human Rights protection. Under article 32 people

6
Kesavananda Bharati V. State Kerala 1973(4)SCC 225
 12

can approach the SC (Supreme Court) in order to avail the rights guaranteed under part III
and article 13 empower the SC to declare any law void if it encroaches upon the part III, all
this makes the Supreme Court guardian of these rights. Article 32 (3) provides that legislature
by law can empower any other court to protect these rights. In compliance of this parliament
has ordained the Protection of the Human Rights Act, 1993 this act provides "human rights"
means the rights relating to life, liberty, equality and dignity of the individual guaranteed by
the Constitution or embodied in the International Covenants and enforceable by courts in
India7. The Act also directs to establish the NHRC (National Human Rights Commission),
SHRC (State Human Rights Commission), and HRC (Human Rights Courts).

National Human Rights Commission:-

Section 3 of the Protection of the Human Rights Act (PHRA), 1993 put an obligation of the
establishment of NHRC in compliance with which central government has constituted NHRC
in 1993. This commission is obliged to protect and to promote human rights. PHRA, 1993
also provide composition, functions and the procedure of NHRC. NHRC play a crucial part in
the protection of HR and keeping the faith of the common man in the Criminal justice
system. NHRC and SC can complimentarily protect and promote HR. A national commission
can give recommendations to various authorities8. It has provided recommendations in
matters like health, education, police encounters, custodial deaths, guidelines for arrest etc.
NHRC can either take suo moto action or on a petition filed before it.

In 1993 the commission has issued the guidelines regarding custodial death to all the state
government, that in case of such incident commission must be informed within 24 hours and
this will be followed with Post-mortem Reports, Magisterial Inquest Reports/Videography
Reports of the post-mortem etc.9 Section 36 (2) put some limitation on the NHRC, but
Supreme Court in Paramjit Kaur v. State of Punjab10 construed this statutory provision that
when the SC by exercising its power under article 32 refer the matter of infringement of HR
to the commission than the section 36(2) can not restrict commission to act in accordance

7
section 2(d) of Protection of Human Rights Act, 1993
8
Section 18(3) of Protection of Human Rights Act, 1993
9
http://nhrc.nic.in/press-release/nhrc-issues-fresh-guidelines-regarding-intimation-custodial-death
10
A.I.R. 1999 SC
 13

with the order of SC. SC said that commission will be sui generis body to carry out the
functions referred by the SC and this body is not circumscribed by any sort of conditions. In
the instant case, SC observed that no statutory provision can curtail the SC to exercise its
power and there is no reason that why this commission cannot comply with the order of the
SC i.e., to look into the matter of violation of the HR. Along with SC NHRC make endeavour
in the protection of Human rights.

State Human Rights Commission:-

Section 21. Constitution of State Human Rights Commissions

(1) A State Government may constitute a body to be known as the... (Name of the State)
Human Rights Commission to exercise the powers conferred upon and to perform the
functions assigned to, a State Commission under this chapter.11

Section 21 of the PHRA, 1993 empowers the State government to establish SHRC. The act
also provides the power and function of the commission. It has to similar function as NHRC,
but it can deal with the matters enlisted in the list II and III of the 7th schedule of Indian
constitution. The deterrent point is that only 19 states have constituted the SHRC. In 2004-
2005 report of the NHRC set forth the list of the states which constituted the SHRC in their
respective state. NHRC also reiterated that the protection of the HR can be ensured if all the
states set up the commission and it must be in compliance of Paris principles•.

12
In D.K Basu v. State of West Bengal , the court asked why there is no SHRC in various
states even after 2 decades of the enactment of the PHRA, 1993. SC conspicuously asked
how the capital of the country does not have any HR commission. Court construed the word
"may" of section 21 that this ˜may' do not give an option to the state. The word "shall" and
"may" does not imply directory or mandatory in all the cases, but it must be interpreted on the
basis of the objective of the section. Justice T.S Thakur and R Bhanumati directed the State
government to constitute SHRC and HRC. SC elucidated that the state has no option but to

11
Section 21 of Protection of Human Rights Act,1993
12
(2015) 8 SCC 744
 14

comply with the order in 6 months. In the year 2016 Centre deplored SC order by stating that
Delhi is not a state but union territory and the law behest the state to establish the HR
commission, not to union territories.

Therefore, Delhi will go along without the HR commission until the law amended. The bench
headed by Justice T.S. Thakur reiterated Do you fancy that Union Territories are Utopian
ideals where there are no human rights violations... do you expect people from other
territories like Daman and Diu, Pondicherry to come all the way to Delhi to fight their case
before the National Human Rights Commission13 .Regarding amendment in the law J. T.S.
Thakur said there was no need for an amendment in the laws to be made by Parliament to set
up a human rights commission for Delhi. We will give a legal interpretation to the existing
laws if necessary14.

The PHRA, 1993 was amended in 2006 which mandate all the states to establish the SHRC.
According to the report of the NHRC HR commission in states will bring forth better
governance as the better governance and Human right go parallelly. Establishment of the
commission in states will ease access of the people to better protection of the human right.

Human Rights Courts:-

Section 30 of the PHRA directs all the state government on an agreement of opinion with the
CJI of the High Court of respective state to recognise the Court of Session as a Human right
court, for the speedy remedy. And section 31 provides that state shall appoint a prosecutor or
an advocate with not less than 7 years' experience of practice, for the purpose of dealing with
the cases of this court. In the year 2015 in the same D.K Basu case, the Supreme Court also
directed to comply with this provision to specify HRC. It was ascertained that no attempt is
made by the state to consult with CJI of High Court of the respective states for scrutinizing
the viability of the session court for specifying as HRC.

13
https://www.thehindu.com/news/cities/Delhi/are-there-no-rights-violations-in-union-territories-sc-asks-
centre/article8491799.ece
14
https://www.thehindu.com/news/cities/Delhi/are-there-no-rights-violations-in-union-territories-sc-asks-
centre/article8491799.ece
 15

In the year 2019 again NHRC during the hearing of Punjab state Human Rights Commission
vs. Jatt Ram NHRC again put forth the except few states no state compiled the order to
specify or set up the HRC. The bench said that the setting of these courts does not require any
additional appointment of Judges or infrastructure still judgment of the court is not executed.
Supreme Court has issued Chief Secretaries to show cause that why such directions need not
be issued.
 16

CHAPTER 4 - Supreme Court Jurisprudence on Human

Rights:

Supreme Court recognized as guardian of the fundamental rights so its crucial function is to
protect these rights. We are the signatory of the international conventions on HR therefore
our constitution is embodied with HR in the form of fundamental right in part III. The
concept of the separation of power makes the judiciary independent from the other two
organs which allow the judiciary to uphold the rule of law and protection of HR. In India
judiciary exercise its power of interpretation of part III efficaciously in order to triggers
advancement in the human right protection.

Supreme Court of India is endowed with the power of the judicial review and article 32 gives
increment to this power by allowing the court to review all the measures taken by the
government and pronounce it void if it abridges the part III or basic structure of the
constitution. This power of review keeps all the organs of the state within its limit as
conferred by the constitution or any other law. In case of the infringement of the rights of part
III person can directly approach to High court under article 226 and to Supreme Court under
article 32 which itself is a fundamental right. Article 32 is the cornerstone of our democracy
which makes the SC protector of fundamental rights. According to the 32(4) this right to
approach will be suspended if the emergency is proclaimed.

Following are the SC judgments assert how SC advanced the protection

and promotion of the HR:-

Fundamental Right case

(Kesavananda Bharati v State of Kerala15) this case was heard by the ever largest
constitutional bench of 13 judges. In this court has gifted us the doctrine of the basic
structure. Court held that this principle is inviolable and accordingly the court outlined that
power to amend is not bottomless but limited. This case overruled the Golaknath case16 and

15
(1973) 4 SCC 225
16
I. C. Golaknath & Ors vs. State of Punjab and others 1967 AIR 1643
 17

the court said the parliament act will be counted ultra-vires if it tries to rewrites the whole
constitution in the light of its power under article 368 of the constitution. This view of the
Supreme Court protects human rights fundamentally.

Habeas Corpus case

(ADM Jabalpur v Shivakant Shukla Case17) this case is a black spot in the Indian historical
judgments. In this case, four out of five judges held that all the fundamental rights will
remain suspended during emergency. Justice H.R. Khanna gave a dissent best judgment
which paved the way for the rule that the state cannot deprive anyone of the right to life and
personal liberty without due process of law.

Personal liberty

(Maneka Gandhi's case18) in the present Case, the court gave the wider interpretation of the
word ˜personal liberty'. The court considered that for depriving a person of personal liberty'
requisites of article 14 and 19 must be fulfilled as article 14, 19 and 21 are interconnected.

Maintenance case

(Shah Bano case19) Supreme Court granted maintenance to the Shah Bano and protected the
rights of Muslim woman beyond the personal law, but Muslim community considered that
this verdict of the court encroaches Muslim Sharia Law, therefore, parliament ordained All
India Muslim Personal Law Board, 1973.

Article 21 interpretations

Apex court has widely construed article 21 the word "life" is explained in a watershed
judgment of U.S. Supreme Court20 that life is something more than mere animal existence .

17
(1976) 2 SCC 521
18
Maneka Gandhi v. Union of India (1978) A.I.R 597
19
Mohd. Ahmed Khan vs. Shah Bano Begum and others 1985 SCC (2) 556
20
Munn v. Illinois 94 US. 113(1876)
 18

SC of India said that the right to life is not mere physical existence but the right to live with
dignity21. Article 21 includes non-payment of the wages to the workers will be the denial of
the right to live with human dignity . SC held that sexual harassment at the workplace is a
violation of article 14, 15, and 21 .Right to shelter, right to know, right to livelihood, right
against solitary confinement, right to free legal aid and right to health right to privacy etc.
All these are appended as an inherent part of article 21 by the apex court while exercising its
power of interpretation.

The third Gender

In the year 2014 SC recognised the transgender as the third gender and protected their rights.

Triple Talaq

In the year 2017 SC of India majority of judge 3:2 declared Triple Talaq as unconstitutional
as this practice jeopardise and violates the rights of the Muslim woman in all facets. Though
the bill is not yet passed due to some controversies in it.

Sabarimala Temple

Supreme Court allowed the woman entry in Sabarimala temple that is of age 10 to 50 years as
the devotion cannot be subjected to the gender discrimination 22.

Homosexuality

23
SC in the year 2018 decriminalized section 377 of Indian Penal Code, 1860 on the ground
that it goes against article 14, 15, 19 and 21 of the constitution. This verdict of the SC only
decriminalize homosexuality under section 377 rest of the law will remain the same. After 72

21
Maneka Gandhi v. Union of India (1978) A.I.R 597
22
Peoples Union for democratic rights v. Union of India 1982 A.I.R 1473
23
Vishakha V. state of Rajasthan (1997) 6 SCC 241
 19

years rights of the homosexual people is off the hook and they can also enjoy their rights as
heterosexual people.

Adultery

SC said that husband is no more master of wife, therefore, pronounced the adultery is no
more crime as it violates the dignity of woman hence infringes article 21 of the constitution.
Court also elucidate that adultery is still ground for divorce and it will be considered criminal
if it leads to the abetment of suicide adulterous could be prosecuted under section 306 of IPC,
1860.

Analysis:

Historic verdicts show that judiciary made endeavours for protection and promotion of
human rights, but we can not say that is infallible. However, it can be stated that SC exercised
its power of interpretation so well that it widened the scope of rights which made it more
expeditious for everyone to enjoy their rights. In India, the judiciary is not superior but as we
have constitutionalism which invokes that judiciary is independent and all the bodies have to
comply with the order of the SC for the welfare state. Our law directs the government to
establish certain organs for the protection of human rights in compliance of this NHRC at
union level and few of the states set up the SHRC. Law provides that the state should
establish the District human rights courts but, there is noncompliance in this regard. Supreme
Court has directed the state governments to establish SHRC and HRC however, most of the
states not acted in accordance with the same. This lacuna on the part of state dilatory in
serving justice to part of society as it is not easy for every person to approach NHRC from
anywhere in the country in order to avail their rights. Law since 1993 requires every state to
constitute SHRC and HRC in their respective territory to accomplish the objective of speedy
remedy to all. The controversial point is that law does not set fort the procedure of the HRCs
to deal with such type of complaints and the act does not mark the jurisdiction of such courts
regarding the offences of violation of HR. This ambiguous factor must be looked into
promptly by the lawmakers so that vigilant protection provided to the human rights and the
aftermath of the already existing law will not dismay.
 20

CHAPTER 5- Suggestions for improving the

Criminal Justice System
There is a need to improve the quality of forensic expertise and make it truly a system for the
promotion of justice. The evidence obtained by scientific investigation may also be excluded
on grounds of violation of the Evidence Act or restrictions prescribed by the constitution. The
police, the Government and the society each have a role to play in improving the law
enforcement situation and in developing human rights-friendly police in the country. A lot
can be accomplished to commute public perceptions and to ameliorate the standards of
policing if the leadership in the police organization is wholly committed to reform.

After all, every profession has the predominant responsibility to discipline its members and
sustain a code of ethical behaviour by internal mechanisms by peer groups in the
organization. Though speedy trial has been recognized as a fundamental right because it is a
prerequisite of a fair procedure under Article 21, yet the postponement in the administration
of criminal justice is a usual affair. Delay is both at the stage of investigation and prosecution
as well as in trial time limit should not be unreasonable or immutable because if justice
delayed is justice denied then justice buried is justice hurried. A balance between the two
extremes is preferable.

To suppress human rights violations, it is recommended to formulate an official declaration

of uniform policy by the government related to violations of the Human Rights of the accused
by law enforcement. Governments should sanction stringent laws to punish the perpetrators
of human rights violations. Governments should also take expeditious corrective action in
case of human rights violations. The mechanism for protecting the human rights of the
accused at the International, national and regional levels must be intensified and the States
should not shield themselves from International Scrutiny on the matter of human rights.
Every state must constitute a functional agency for inspections and redressal of violations of
human rights.
 21

Governments should endorse the international human rights treaties securing the human
rights and fundamental freedoms of the accused. States should provide a constructive
framework of remedies for the redressal of human rights violations. Investigating agencies,
prosecuting agencies, judiciary, and the legal profession should make efforts to preclude the
human rights violations of the accused by giving him pertinent and appropriate legal aid.
States should recognize the world of non-governmental organizations in the encouragement
of human rights and humanitarian activities at international, national, and regional levels.
States should facilitate Non-Governmental organizations and other members involved in the
discipline of human rights.

Court delays are like a poison, killing the entire judiciary. For more than 15 years, lawsuits
are pending at trials. Who, the police, the prosecutor, or the judges are responsible for it? The
criminal justice process or the police should be blamed for delays in the disposition of cases
and arrears in criminal courts. The following are some suggestions or part of the elements
that must be able to activate the legal procedures and improve them, they are:

1. In subordinate courts and high courts, the power of judicial officers and judges is
sufficiently enhanced. There should be no unfulfilled vacancies in courts. The
judiciary recruits young and talented citizens with honesty.

2. Considering the inadequacy of judicial officers to dispose of arrears in criminal

proceedings, retired judicial officers‟ services or magistrates may be abused by the
creation of special tribunals that are to be headed by them.

3. India now hopes to become a fully digitized nation. In reality, we were extremely
successful. But the Indian legislation is abandoned for some odd cause. That shouldn‟t
be the case. The system of Indian law should be completely digitized from the start to
the end. It helps to save a lot of time for context documentation.

4. The aim of our criminal justice system should be to provide speedy justice.

5. There must be thorough preparation for the judicial officers. Training in forensics
should also be given. They shall coordinate refresher services in the light of rapid
social change, the whole continuum of offences in terms of cognizable and unaware
crimes has to be re-examined. Many of the unsolved crimes may be identified.
 22

6. The obsolete and anomalous acts should be abrogated. The legislature should be
careful to multiply the number of criminal laws.

7. As society evolves rapidly, new forms of violent crime such as organized crimes,
insurrections, terrorism, etc. emerge as a result of industrialization and economic
growth. To solve these attacks, there should be a specialist police force. For this
reason, comprehensive training and required new installations and infrastructural
equipment are given to police and investigation agencies.

8. Police brutality, misbehaviour by the police, prison abuse, police misconduct should
be handled thoroughly and efficiently. Senior police officers must create a committee
for the severe treatment of the issue and they should be disciplined and disciplinary
action against unjust police personnel and made liable to reimburse the victims of
their crimes.

9. Improvements are required in the prisons.

10. Plea proceedings may also be used to reduce the immense backlog of cases.

11. Finally, given that the judiciary is the branch of government, the vacations in the
courts should be the same as with other government executive wings. Summer
holidays or additional holidays in courts do not take effect. The working hours will be
the same as every other government department‟s daily working hours.

12. Just as we consider the citizens must acquire speedy justice, it is also important to
make the justice system less expensive for them as well. Citizens discourage their
cases from being put to courts because of the high fees of lawyers. The process must
be “uncompetitive, casual, versatile, compassionate, practical, and without legal
complications,” says Justice V.R. Krishna Iyer.
 23

CHAPTER 6

Conclusion
The evolution of law by the Supreme Court for the protection of Human rights has evoked
criticism from certain fractions but this criticism is not based on any empirical research. It
proceeds on a presumption that any protection given to a suspect or accused is bound to
injure the interest of the society by encouraging crime and making its detection difficult, if
not possible. Unfortunately, in our country, there is less socio-legal or empirical research
particularly in the field of criminology, because of which our criticism of the law as
interpreted and evolved by the courts is often not established on factual or sociological data
but is based only on certain ingrained attitudes and misconceptions.

There must be socio-legal research in various areas of criminal law to afford guidance to the
courts in their none-too easy of laying down the law which would best serve the interest of
the society, without relinquishing the interest of the innocent. The institution of the National
Human Rights Commission can contribute if, instead of becoming a face-saving device
against international criticism of human rights conditions, it dedicates itself sincerely to the
detection of human rights violations in crime control activity and actuates itself towards
corrective and remedial steps.

The task before India is to improve human rights by improving its law enforcement system in
its domestic criminal administration and, on the other hand, not be swayed at the expense of
social growth and the unity of the country. The establishment of the National Human Rights
Commission will make a difference if it is genuinely committed to recognizing human rights
abuses in crime prevention operations, instead of being a face-saving tool for international
criticism of human rights situations and being actively engaged in corrective and remediation
steps. Reconciliation lies in the strengthening of the human rights community at home,
which, in effect, would also replenish our reputation on the international stage. It can,
therefore, be argued that we can, in the spirit of the citizen, raise the consciousness of human
rights to uphold human rights and the basic freedoms of the accused. Then, if the law
evacuates these accumulations, the Indian statutory system might be considered to be the
strongest legal structure on the planet. Similarly, until it is lost, a reasonable person‟s trust in
the law may be restored.
 24

A reconciliation lies in improving the domestic culture of rights which in turn will replenish
our image on the international platform also. Thus, it can be concluded that to protect human
rights and fundamental freedoms of the accused, we must generate awareness for human
rights in people‟s minds, otherwise, the concept of human rights will zigzag one step forward,
and two steps back.
 25

BIBLIOGRAPHY

BOOKS

1. Human Rights and Criminal Justice by Andrew Ashworth QC (Editor), Alison

Macdonald (Editor), Ben Emmerson QC (Author)
2. Amar Law Publication's Drug Addiction, Criminal Justice and Human Rights for
LL.M Students by Dr. Sheetal Kanwal
3. The Handbook of Human Rights Investigation: A Comprehensive Guide to the
Investigation and Documentation of Violent Human Rights Abuses by Dermot
Groome
4. Criminal Justice: A Human Rights Perspective of the Criminal Justice Process in
India by Dr. K.I. Vibhute Edition: 1st, 2004
5. HUMAN RIGHTS & CRIMINAL JUSTICE SYSTEM IN INDIA [Hardcover] Prof
(Dr.) Pradeep Kulshrestha (Editor-in-Chief); Namit K. Srivastava (Editor) and Harish
K. Tiwari (Editor)
6. Handbook of Human Rights and Criminal Justice in India - The System and
Procedure (English, Paperback, South Asia Human Rights Documentation Centre)

WEBSITES

1. https://nhrc.nic.in/sites/default/files/CriminalJustice.pdf
2. https://knowlaw.in/index.php/2021/03/27/human-rights-and-the-criminal-justice-system-
of-india/
3. https://www.researchgate.net/publication/328161737_Human_Rights_in_the_Administra
tion_of_Criminal_Justice_in_India_and_Nigeria_A_Fair_Trial
4. https://www.legalserviceindia.com/legal/article-624-human-rights-and-judicial-
endeavour-for-its-protection.html