CRIMINAL JUSTICE AND HUMAN RIGHTS

THIS ARTICLE WAS WRITTEN BY BREGITHA PG, A STUDENT OF NATIONAL UNIVERSITY OF ADVANCED LEGAL STUDIES.

A right is essentially an entitlement or a justified claim. It is something that we are entitled to get as citizens, as individual and as human beings. Rights are born with us and really they are not conferred by any ruler or by any society. Nobody can take away these natural rights from us. Recently the terms human rights are widely being used than the term natural rights. Rights are seen as the necessary condition for having a good life.

Even during the past centuries, society recognized human rights. The massacre of the fascists and the mass killing in the Second World War convinced the world of the necessity of protecting human rights. The United Nations shown special interest in protecting human rights. On December 10, 1948 the General Assembly of the U.N.O approved Universal Declaration of Human Rights. From that day onwards December 10 is observed as Human Rights Day.

As human beings we are entitled to get certain rights because each individual unique and equally valuable like others .no one is born to serve others. Each one of us possesses an innate value.so we should have equal opportunities to be free and to develop our faculties. There is no area for the inequalities based on race, caste, religion, or gender. As the society began to face new challenges and treats, the list of human rights is also changing .It is being expanded including new rights.

In a landmark decision Jam et al v. International Finance Corp[1]in which a group of Indian farmers and fishing communities sued the international Finance Corporation in relation to pollution from a coal fired power plant financed by them, the Supreme Court of United States held that international organisations that have a sufficient nexus to the United States, such as the food and agriculture organisation and world bank, no longer enjoy full immunity from suit. Jam is a landmark decision as it raises the possibility that communities harmed by projects financed by international financial institutions may be able to hold them legally accountable. This may be particularly important decision in relation to projects financed in countries where it is difficult for communities to sue the company directly responsible for the harms they have suffered. The decision also encourage to undertake more careful due diligence before financing projects which may have high human rights or environmental risks.

With the rising crimes, violations, scams and scandals human rights are being violated and taken for granted and in the recent years conditions have become worst and deteriorated in India. Violence against women is increasing at an alarming rate and they are at a high risk of sexual harassment, trafficking, and forced labour including violations of equal participation in political, economic and social life.in fact the recent molestation case in Uttar Pradesh (Unnao case) was shocking and condemned by all sections of our society. Such horrifying incident took place in 2017 where a MLA was accused of raping a minor girl in 2017 at his house in Unnao’s Makhi village itself. The victim lived in the same locality as the BJP’s powerful MLA. According to the victims complains, she was raped by him again on June 4 ,2017 and he allegedly threatened the girl .the minor girl was abducted and taken to the MLA’s house again and was gang raped by some people.no actions was taken due to the influence of MLA wields in unnao. The girl’s father was thrashed by MLA’s supporters and the police personals stood as the mute spectators.

The UK Supreme Court in the case of Poole Borough council v. G N and another[2] examined that whether the local authority had failed to fulfil a common law duty to protect two children named Colin and Graham from the harm inflicted by their neighbours. Drawing on the facts of the case, the court held that the council was not liable for negligently failing to exercise its social services functions as there was no recognisable basis for a cause of action. While the court dismissed the appeal, the decision in Poole leaves open the possibility for a duty of care to exist where an assumption of responsibility can be established. The significance of Poole is that it overturned the decision in X (minors) v. Bedfordshire county council[3] which was opening the gateway for local authorities to be held liable for a failure to exercise their duty of care in relation to the performance of their social services functions. While the decision in Poole provides some guidance and clarity as to the extent to which local authorities are liable for a failure to remove children from harm, the implications of Poole for local authorities and for the development of negligence law.

Almost every day there are chilling instances of violence, ethnic cleansing, heinous torture, child abuse, man slaughter and several other human rights violations. Article 21 is the Magna Karta of the constitution of India, in Bandhua Mukti Morcha v. Union of India[4], where the question of bondage and rehabilitation of some labourers was involved Bhagwati J held that the fundamental right to live with human dignity is congruous with the right to life and derives its life breath from the DPSP and particularly clauses (e) and (f) of Article 39,41 and 42.Again in the Olga Tellis case[5] the court held that the right to livelihood is included in the right to life as no person can live without the means of living. In Mohini Jain’s case[6] in the sense that the right to education is subject to the limits of economic capacity and development of the state. Even after the Unni Krishnan v. state of Andhra Pradesh[7]  improvement in the situation has been frugal. Consequently the government enacted the constitution through the 86^th amendment Act 2002 by the virtue of which Article 21A has been provided for providing free and compulsory education to all children of the age of 6 to 14.In India women represents 50% of the population to which they are denied of the human rights from the cradle to the grave. The birth of the girl child is not entertained, sexual abuse and flesh trade are gnawing evils which threaten the existence of women as independent entities. Dowry is the greatest crime against women. Rape is a weapon to subjugate women. The women is safe nowhere. In a significant judgment of Vishaka v. state of Rajasthan[8], the Supreme Court laid down exhaustive guidelines for preventing sexual harassment of working women in their place of work until a legislation is enacted for this purpose.

The circumstances for women rights and freedom seems to have deteriorated , with not only people committing women rights violations but also powerful politician and police who are easily compromising with the security of women. This unfortunate incident reminds about the Nirbhaya case ,one of the most heinous crime of gang rape of a young women which took place on 16^th December 2012.despite laws and acts framed by the government , women across India still continue to suffer from domestic violence, acid attacks ,rape and murder etc.

A Muslim man was died in western India after he was attacked by hundreds of Hindu cow protection vigilantes, the latest attack in a spate of mob killings in the name of the reversed animal. Gangs of “cow protectors” have been implicated in killing at least 100 people in the past two years as the welfare of the animal has become an increasingly charged issue in Indian politics. Caste based discrimination prevailing all over India especially against marginalised communities like Dalit’s who are treated as untouchables, etc. Custody murder is an alarming issue which is against the human rights.

Not only this several issues and challenges have occurred and ended with the violations of human rights ,it is just because the politicians of our country have got the habit to play with the life of the people.it seems that government have lost their moral compass and needs to be reminded again that are accountable to the people as well as towards the security of the people .now given the growing crime nature and extend of violence there is an immediate need to specially address the women issue including the Dalit and other marginalised communities issues more strongly.

As a whole, the process of law is biased against the victim. If the victim is a minor, the onus is on the accused to prove his innocence. But if the victim is a major, it is up to her to prove her charge. Also, in rape cases, unless the women is examined medically within 24 hours it becomes difficult forensically to prove that rape has occurred.

Now the issues of women empowerment have been taken up as a human right issue.it is high time that women in our society should be treated at par with men in all field of our society.in the recent years the government of India under the leadership of prime minister Narendra Modi has taken important strides especially with the legal reform with respect to the treatment of women, Dalit’s and various vulnerable groups. Some of the initiatives launched by PM are “Beti Bachao Beti Padhao”,UJJAWALA-a comprehensive scheme for the prevention of trafficking and rescue ,”stand-up India” scheme for women, scheduled tribe and many others. Apart from the various schemes, laws, acts launched by the government but still in many areas the government continued to fall short, both with respect to legal reform and implementation. Government still needs to pay more attention towards their laws and Policies and check whether it is properly carried out. There is a dire need to sensitize the women, children, youth and various other communities of the people to spread about human rights and different ways to break its shackles. In India, various mechanisms such as the National Human Rights Commission, state human rights commission and women’s commissions have been constituted at the centre and in the states for upholding human rights causes. Legislative safeguards like the constitution of India which is supreme a lax of India or the law of the land and multifarious laws such as the Human Rights Acts of 1997 are in existence but in vain.

Human rights violations are the order of the day and the above law enforcement arsenals fall short of implementation. Rights has been merely enumerated on paper and hence remain a dead letter. Though human rights in sphere of Indian criminal laws amended as per the need of the society and consider the victims right even the rights of the accused are considered as basic rights.

[1] 586 U.S. 2019

[2] [2019] UKSC 25

[3] [1995] 2 AC 633

[4] (1997) 10 SCC 549

[5] 1986 AIR 180

[6] 1992 AIR 1858

[7] 1993 SCR (1) 594

[8] (1997) 6 SCC 241 ; AIR 1997 SC.