“Violation of Human Rights in Police Custody with Reference to Evidence Act”

Topics: Human rights, Law, Universal Declaration of Human Rights Pages: 24 (8127 words) Published: September 22, 2012
Chapter I:- Introduction and Research methodology
Most of the violations of human rights take place in the management of law and order, by the police. In India, the history of human rights violations in police custody can be traced to British period. Even after 57 years of independence, in a democratic country like India, the police remains virtually a terror to the people and almost absolutely unaccountable for the violations of human rights of people in their custody. Through custodial torture, custodial deaths and other forms of human rights violation in police custody abuses, no static steps have been have been taken so far for a pennanent solution. Since conviction rate is considered as the yardstick to measure the ability of an investigating police officer, every police officer would try to accomplish the maximum conviction rate to his credit by hook or crook. This will definitely help to increase the rate of police torture. It is really pathetic that the successive governments have persistently refuse to investigate the abuses reported in newspaper. Nowadays custodial violence has become a part of the police culture and the incidence of custodial deaths is quite common. Though the academic world and judiciary have become conscious of the need of a study of the causes, of human rights violations in police custody from the legal standpoint has so far received little attention. Though much has been written on this topic, most of them concentrate on individual issues. The area of human rights violations is so vast both in the national and international perspective. Hence the work is mostly confined to the state of Kerala. Though many of the police officers have co-operated in a better manner, much difficulties arose in the task to penetrate the shields of defense of police personnel who tried to conceive the realities in the interrogation, torture etc.

In order to conduct a research work, some important hypotheses are to be formulated. The focal points and assumptions are normally available thought the formulation of hypothesis. The major hypothesis developed on the basis study of available literature and evolution of primary as well as secondary data and work done earlier including related studies in that :-

* What is the pattern of human rights violation in police custody. * How far the rights of a person in custody are protected by the international covenants, Constitution of India and other laws. * Why do police resort to third degree methods.

Aim :-
The researcher aims to be examined which are as follows:
* How to strike a balance between the authority of police and protection of rights of Person in custody * How to modify the existing provisions of legislations conferring power to the Police so as to prevent custodial torture * How to eliminate human rights violations in police custody

There are certain which researcher would like to highlight are as follows:- * The Study is intended to investigate the causes of human rights violation in police custody and abuse of their authority by using third degree and inhuman methods on person in their custody.

The researcher in this current doctrinal research limits the scope of the subject till the provision which are been laid in the Evidence Act and Human Rights Laws of India regarding the topic and also related Cases to the topic. There is no such comparative analysis with foreign laws has been undertaken. Due to the broad aspect of the concept of violation of human rights, the researcher limits the scope to the Violation of Human Rights in Police Custody.

Research Methodology
* The...
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