National Human Rights Commission, New Delhi, India
“ Torture and Custodial Violence in Prisons “
Yashwardhan Pratap Singh
1st year, B.A.LLB Course,
Jindal Global Law School,
O.P. Jindal Global University, Sonipat, Haryana.
Report on - The Custodial Violence and Torture In Prisons: Can it be justified even if done for a greater good? Where to draw the line between the autonomy of the police and the rights of the prisoners ? Basic Structure –
* Human Rights- Importance, protection, NHRC’s role, International law,State, District. Why are they important? * What is the root problem?
* Definition of Torture/ custodial violence. Is it abstract or discretionary? * Why is the government so cynical about protecting the rights of prisoners who evidently have broken the law and might as well done grievous crimes? * What can be done to protect them?
* Who is responsible if the death of the prisoner happens due to natural causes? * Case laws on custodial violence and torture/police brutality and arbitrary usage of violence. * How has NHRC helped in this matter? Anything more expected from NHRC in this matter? * Role of Prisoner’s right. Are they indivisible?
* Conclusive- How will this project help out and what does it establish/indicate and bring out an express solution.
“It has always been a mystery to me how men can feel themselves honoured by humiliation of their fellow beings.”- Mahatma Gandhi
Human Rights- What are human rights and why are they important? Human Rights – droits de l’homme, derechos humanos, Menschenrechte, “ the rights of man”- are, literally, the rights that one has because one is human. Human rights are not jus abtract values such as liberty, equality and security. They are rights, particular social practices to realize those values. A human right thus should not be confused with the values or aspirations underlying it or with enjoyment of the object of the right. Human rights are certain moral guarantees. Public authorities, both national and international, are identified as typically best placed to secure these conditions and so, the doctrine of human rights has become, for many, a first port of moral call for determining the basic moral guarantees all of us have a right to expect, both of one another but also, primarily, of those national and international institutions capable of directly affecting our most important interests. The moral doctrine of human rights aims at identifying the fundamental prerequisites for each human being leading a minimally good life. This aspiration has been enshrined in various declarations and legal conventions issued during the past fifty years, initiate by the Universal Declaration of Human Rights (1948) and perpetuated by, most importantly, the European Convention on Human Rights (1954) and the International Covenant on Civil and Economic Rights (1966). Human rights understandably to every human being would be the basic rights that one enjoys right when he has taken birth in this world. The law does not establish human rights, as they are inherent entitlements which accrue to every person by virtue of his or her birth into humanity. Human rights are inherent, universal, inalienable, indivisible and interdependent. As said by Irene Zubaida Khan that “human security comes only with human rights and the rule of law. Human rights are the basis for creating strong and accountable states without which there can be no political stability or social progress.” Human rights have had a long historical heritage. The principal philosophical foundation of human rights is a belief in the existence of a form of justice valid for all peoples, everywhere. Human rights have become indispensable to the contemporary understanding of how human beings should be treated, by one another and by national and international political bodies. Human rights are best thought of as potential...
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