Role of judiciary in the protection of Human Rights
S.S. Upadhyay, HJS
Addl. Director (Training)
Institute of Judicial Training & Research, U.P.,
Dated: October, 2008
S Y N O P S I S
Human Rights — what are?
Concept of human rights in olden times
Universal declaration of human rights
Role played by judiciary in the development & protection of human rights 5.
FIR, arrest & human rights
Human rights of arrestee
Duties of Arresting Officer
Arrest of female accused
Application of scientific methods of investigation
Duties of Remand Magistrate u/s. 167 Cr.P.C.
Legal Aid — Art. 39-A of the Constt. & Legal Services Authorities Act, 1987 12.
Custodial torture—Remedies against?
Custodial deaths & extra judicial killings— Remedies against? 14.
Compensation in case of custodial tortures & deaths
Bail in bailable offences
Bail u/s. 436-A Cr.P.C.
Hand-cuffing, fetters & duty of Courts
Prisoners’ human rights
Inspections of jails by Judicial Officers
Child in the lap of female accused & duty of courts
Remedy of prisoners in case of marriage, funeral etc. of near dears 22.
Medical aid to ailing prisoners
Jail appeals of convict prisoners reeling under poverty & ignorance etc. 24.
Human rights of children & juveniles
Mentally ill prisoners & duty of Courts
Mental Health Act, 1987
Child & Bonded Labourers & duty of DLSA
Protection of Human Rights Act, 1993 & the Special Courts constituted thereunder 29.
Powers & procedure of Human Rights Courts
Penalty awardable by Human Rights Courts
Speedy trial, Art. 21 of the Constitution & Sec. 309 Cr.P.C. 32.
Certain suggestions for effective role of Human Rights Courts 1.
Human Rights — what are? ---- Human rights are not conferred by any ruler, constitution or statute. A human being is born with human rights. Giving new dimensions to Art. 21 of the Constitution, the Supreme Court, in the cases noted below, has declared that right to live as guaranteed under Art. 21 is not merely confined to physical existence but it includes within its ambit the right to live with human dignity. The right to live is not restricted to mere animal existence. It means something more than just physical survival. The right to ‘live’ is not confined to the protection of any faculty or limb through which life is enjoyed or the soul communicates with the outside world but it also includes “the right to live with human dignity”, and all that goes along with it, namely, the bare necessities of life such as, adequate nutrition, clothing and shelter and facilities for reading, writing and expressing ourselves in diverse forms, freely moving about and mixing and commingling with fellow human being. Any thing which impedes the right to lead life with dignity and decency is violative of human rights. See--- 1.Francis Coralie vs. Union Territory of Delhi, AIR 1978 SC 597 2.Maneka Gandhi vs. Union of India, AIR 1981 SC 746
3.Sunil Batra vs. Delhi Administration, AIR 1978 SC 1675
4.Peoples Union for Democratic Rights vs. Union of India, AIR 1982 SC 1473
Concept of human rights in olden times---- Ages old concept of respect for human rights of others can be found in the olden thoughts of the Indian sages, sociologists and thinkers as quoted below---- 1.
vkRekua izfrdwykfu ijs"kka u lekpjsr~ A
(An act which you do not like others to do to you, don’t do that to others)
ekr`or~ ijnkjs"kq ijnzO;s"kq yks"Bor~ A
vkReor~ loZHkwrkfu ;% i';fr l if.Mr% AA
(One who treats the women of others like his own mother, the wealth of others as discardable as a bit of soil, cares for other human beings and living creatures as for himself, is a true human being of perfect understanding) 3 (a)-
v"Vkn’kiqjk.ks"kq O;klL; opu};a A
ijksidkj% iq.;k.k ikik; ijihMue~ AA
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