Updated: Jul 12, 2020
Hon’ble Justice P.N. Bhagwati said that “Life means not only physical existence. It means the use of every limb or faculty through which life is enjoyed. The right to life includes the right to a healthier environment”. The connection among detainees and human rights has consistently been sporadic. There consistently have been clashing suppositions on the situation about whether the detainees are qualified for human rights or not. A few people have the assessment that, when an individual gets freak and carries out wrongdoing, he ought to be denied every one of his privileges. There are sure fundamental rights which the detainees are qualified for which protect them from some loathsome practices. One such abominable practice is 'Torture' which is utilized against the detainees and under-preliminaries to get admissions from them about a specific occasion. Shockingly, torture has expanded alarmingly all through the world. Justice to the denounced/convict is as significant as equity to the victim. Abbreviation of timeframe may prompt circumstances where the death row convict can't practice the rights in any case given to him and that will add up to infringement of simple, reasonable and sensible necessity under Article 21 of the Indian Constitution.
Emotional distress as the consequence of wrongdoing is a common subject for all casualties of wrongdoing. The most widely recognized issues, influencing 75% of casualties, were mental issues, including: dread, tension, anxiety, self-fault, outrage, disgrace, and trouble dozing. These issues frequently bring about the improvement of interminable post-horrendous pressure issues (PTSD). Post crime distress is likewise connected to previous Emotional issues and socio demographic factors. This has been known to turn into a main instance of the old to be all the more unfavorably affected. It has been all around perceived that a censured individual needs to endure a level of mental torment despite the fact that there is no physical abuse and no crude torment. He might be given conveniences of common prisoners in the prison. But no one could prevail with regards to giving him tranquility of mind.
THE MORIBUND JUDICIARY IN INDIA- VICITM OR CULPRIT
There are many cases pending in India the delays the justice. One of the major reasons of this is with the judiciary is the judge: citizen ration. Because of this the faith in the Indian Legal System is eroded. The delay in justice talks about another side of the coin that is ‘victimization of culprit’. There was direction from the side of Supreme Court to the government to increase the judge: citizen ration. But still the there is delay going on in the proceedings. Until the proceeding is ended accused faces the trial at two different levels. One at the Court level and another one at the Media level, where accuse loses his all the rights with the respect to fair trial provided by the Constitution. Until the proceeding is ended the accuse remains in the custody of police or in jail where he/she going through the sentence that have not passed by the Court yet. Here is the culprit is moribund judicial system that does not deliver what can reasonably be called justice.
STANDARD OPERATING PROCEDURE: PROSECUTION AND INVESTIGATION
There is no ‘Standard Operating Procedure’ with respect to investigation in criminal cases in India. The duty of the investigating officer is not merely to bolster up a prosecution case with evidence as may enable the court to record a conviction but to bring out the real unvarnished truth. The object of the investigation is never to secure the conviction by any means but to find out if the investigating officer can secure the offenders connected with the crime and to bring them to justice. The culprit centric approach of the Indian legal system is too rigid in nature that, forget the original victim at the first instance and then victimize the culprit without any fair procedure. The definition of justice in this law is so ambiguous in nature that blindly follows the rigid procedure that still needs reformation and as a result violates the rights of innocent one.
THE RULE OF LAW
There is a requirement of rule of law that needs to be unconditional. The procedure of a moribund judicial system and the police system do not support the rule of law. Cicero said, “We are in bondage to the law in order that we may be free”. John Adams said about the Massachusetts Constitution that it was intended to have a “government of laws not of men”. The criminal justice system rank of India is at 66 less than even Nepal. Police encounters in India nowadays are a common phenomenon that also contributes to the law rank of ‘rule of law’ index. Rule of law is anti-thesis of arbitrariness and fundamental principle of governance. The state of U.P. Police have played the role of both investigator and judge while doing encounters. The National Human Rights Commission (NHRC) also issued notices to U.P. government on the encounter deaths. The foundation of rule of law is that every human being including the criminal is entitled to basic human rights and due process. Encounters take place with the prior permission or in full knowledge of the top authority but where the rule of law survives when the trial in cases of takes place, the main culprit easily escapes and the authorities refuse to file an appeal against such discharge and subsequently the witnesses turn hostile.
INSTANCES OF VICTIMIZATION OF ACCUSE/CULPRIT
1. In the case of T.V. Vatheeswaran v. State of Tamil Nadu the Prisoner’s FRs life and liberty guaranteed under Art. 21 were violated by keeping him in solitary confinement for 8 years illegally and then giving him death penalty which was scheduled 8 years ago.
2. Atrocity in police custody: alleged amputation of male organ of shri Jugtaram in police custody in Barmer, Rajasthan
In 1994 according to a press report in a newspaper that was captioned “cops cut off man’s penis”. The Sub-inspector and two other constables have been arrested when the Commission took cognizance of the incident suo motu and called for a report from the State of Rajasthan. CBI investigated the matter and filed charge sheets against them.
3. Police torture and death: Rajasthan
A report was filed on the basis of that the Commission took cognizance that, the death of Hussain Teli, who was bought to police station for interrogation with respect to a case of murder of on Prahlad Yadav. It was reported that Hussain Ali was tortured to death. The Commission directed authority to investigate the matter and according to the report it was submitted that this was ac case of death by torture as a result of police interrogation and the body of the victim was buried in unusual circumstances.
4.Torture by Kerala Police which led to Death
One person named A.J. Antony, resident of Kerala made a complaint to the commission stating that a labour named Hussain was brutally beaten by the police. The police raided a gambling place and arrested Hussain from there. Hussain gave the statement that he went there to collect money from one Khalid Mohammad and not to gamble. The police ignored his pleas and beat him so brutally that his spinal cord broke and he was paralysed from below the neck. The Commission directed DGP of Kerala to investigate the matter and subsequently suspended the constable and the Sub-Inspector.
Rights are the social, political & legal principle of freedom, they act as a fundamental normative rule of what is allowed or owed to a person according to the legal system. Rights are fundamental in nature and uphold the equality of an individual in order to safeguard justice. Accuses and the prisoners are not entitled to each and every fundamental right when the question comes to the implementation of the statute. There exists some curtailment on them with respect to the exercise of these rights. There were many incidents where accused and prisoners in the police custody or inside the prison were abused and their basic fundamental rights were taken away by the state authorities. Therefore it is very necessary to reform the Indian Legal System and prevent the victimization of accused/culprit.
1. DK Basu v. State of West Bengal, 1 SCC 416 (1997).
2. Jagmohan Singh v. State of UP, 947 AIR (SC 1973).
3. Shiningpath, Judiciary in India- Victim or Culprit?, (Mar. 26, 2013, 1:36 PM),
4. Hussainara Khatoon & Ors v. Home Secretary, State of Bihar, 1369 AIR (SC 1979).
5. Charles Sobraj v. The Suptd., Central Jail, Tihar, 1514 AIR (SC 1978).
6. National Human Right Commission Report, (2018), https://nhrc.nic.in/policecases.
7. 361 AIR (SC 1983).
The Victim in Criminal Justice System' by Mahmood Bin Muhammadin 'Perspective of Criminology'.
Michael Fooner, an eminent criminologist in his article, "Victim Induced Criminality" published in "Science" Vol. 153 (1966).
Justice Krishna lyer, Hon'ble Judge, Supreme Court of India in his writing "The Criminal Process and Legal Aid", Published in Indian Journal of Criminality. P.10.
Adolphe Prins: Belgian Criminologist wrote about the inequitable treatment accorded to the offender and victim.
Sir Henry S Maine: Ancient Law, Oxford Library Press (1946): The Penal law of ancient communities is not the law of crimes; it is the law of wrongs or in English technical term, Torts. Indian Journal of Criminology, Jul 1973, p.11.
Student at University of Petroleum and Energy Studies.
Student at University of Petroleum and Energy Studies.