There will be no benefit to the individual's freedom of the State. The courts have upheld the right to individual detention for State security in various cases set out under different laws. The right to investigate detenus, prosecutions or arrests of national interest, must give priority to a person's right to freedom. The Latin maxim Salus populi est suprema lex (human security law) and salus republicae est suprema lex (State security is the supreme law) exist collectively and are not only important and important but also at the heart of the doctrine that the welfare of the individual must be consistent with that of society. Government action, however, must be "fair, just and unjust". Using any form of harassment to remove any kind of information would not be 'right or wrong or right', therefore, it would not be permissible, it is offensive to Article 21.
A suspected criminal should be investigated - in fact legal and scientific investigation - determined in accordance with the law. He or she may not, however, be harassed or subjected to a third-party manner or may be terminated for the purpose of obtaining information, disclosure or driving information about his or her companions, weapons, etc.
His constitutional right cannot be shortened by law, although in that case there will be a difference in the quality of the investigation into that person compared to a common criminal. The challenge of terrorism must be met with new ideas and approaches. State terrorism is not the answer to counter-terrorism. State terrorism will officially provide for 'terrorism'. That would be bad for the State, for society and above all for the Rule of Law. Therefore, the State must ensure that the various agencies used by it to fight terrorism act within the scope of the law and become lawless.
The fact that a terrorist has violated the human rights of innocent civilians can bring him or her to justice but will not excuse the violation of his or her rights without the means permitted by law. The need, therefore, is to develop scientific methods of investigating and to train investigators appropriately to ask them to meet the challenge.
In addition to the legal and constitutional requirements I am referring to, I am of the view that it would be useful and effective to set up appropriate recording equipment as well as information on all cases of arrest and detention for publicity and accountability. It is desirable that a police officer who arrests a person must prepare an invitation for his arrest at the time of arrest with at least one witness who may be a member of the detainee's family or a respected local person from the time the arrest is made.
The date and time of the arrest will be recorded on the invitation, which must also be a container signed by the detainees. All of these legal provisions have been promulgated by the Hon’ble High Court in various cases and must be strictly adhered to in order to establish law and order and the rule of law in the community and here appears a picture of the role of Human Rights Agencies.
Country Reports on Human Rights Practices - 2003 Released on February 25, 2004
The law forbids harassment, and confession of force by force is unacceptable in court; however, the authorities often resorted to harassment during the investigation. In some cases, the authorities harassed the prisoners in order to withhold money and sometimes punished them. The UN Special Rapporteur of the UN on Torture reported that security forces systematically harassed people in Jammu and Kashmir by forcing them to confess to military actions, disclose details about military suspects, or impose a penalty on suspicion or sympathy for prosecutors.
In a 1996 report, the UN Special Rapporteur on Torture noted that the methods of torture included beating, raping, crushing leg muscles with a wooden roller, burning objects, and electric shocks. Because many alleged perpetrators died in custody, while others were afraid to speak out, there were few personal accounts, although there were often signs of torture on the bodies of deceased detainees. For example, in February, there were protests in the villages of Handwara and Trial, after the Rashtriya Rifles unit arrested two villagers, allegedly harassed them for two days and then released them. It wasn't the reports of action taken in any of these cases. Unlike in 2001, the Department of Home Affairs also did not extend an invitation to UN special rapporteurs for harassment and additional legal killings.
Increased police brutality in detention centres across the country has been reflected in the death toll in police custody. The New Delhi Tihar Prison was notorious for its ill-treatment of prisoners, with about 10 percent of the nation's total prison deaths occurring there. Police and prison guards often beat new prisoners with their money and documents. In addition, the police often harassed detainees during cross-examination. Although the police were facing prosecution for such crimes under the Penal Code, the Government was constantly failing to hold them accountable. Harassment usually occurs under two circumstances: During a routine criminal investigation, following illegal and excessive arrests. For example, during a criminal investigation, police often used harassment to get information from suspects while in custody. The family of a 14-year-old girl who was allegedly abducted, tortured and raped for six days by Patiala police in Punjab in 2001 filed a report with state authorities to pressure the officer to prosecute. World government at the end of years took no action.
Training for the rights of re-employed, middle-class, and long-term officials continued at the National Police Academy. The training increased police awareness of human rights, and there was a slight decrease in police use of force. According to the NHRC, complaints of harassment and harassment by the police usually decrease over a three-year period. In April, the Department of Home Affairs reported that from 2002 to April, 28,765 complaints were lodged with the police, compared with 29 964 in 2001-2002, and 32,123 in 2000-2001. Some north-eastern military groups have used rape as a tactic to intimidate the community; however, no known cases were reported during the year.
In the Punjab, torture cases were unfairly prosecuted, and the victims often refused to accept compensation for fear of reprisals. Allegations by human rights activists that the victims were abused and mistreated by government officials were commonplace.
The 1,157 deaths in prisons reported by the NHRC in March included a large proportion of natural disasters, which were in some cases exacerbated by poor prison conditions. Deaths detained in police custody, which occurred mostly in the hours or days of the first arrests, clearly meant torture and torture. However, in January 2001, the NHRC requested that the Commission be notified of any child deaths within two months and that a post-mortem report, magistrate's inquiry and autopsy video be provided to the NHRC.
The NHRC has identified torture and bereavement as one of the most important issues. In February, the government unveiled plans to increase state funding for reforms in prisons. Recognizing that Orissa indicates a particular need for assistance, the Department of Home Affairs reported that it had provided $ 5,000 million (233,078 Rs) to modernize prison officials between 1993 and 2002.
The role of the National Human Rights Commission
International treaties and procedures, in the absence of domestic law, in which there is no conflict between them have been used to fill in the blanks or to expand the definition and content of fundamental rights, such as building codes. The award of compensation as a remedy for civil law, which is different from it, and in addition to a private legal remedy for tracks or damages, is held as a means of enforcing a fundamental right. In this way, the provision of compensation as a remedy in civil law on the death of a child is recognized.
It can be argued that the provision of emergency care immediately under Section 83 of the Protection of Human Rights Act 1993 is available from the NHRC. In addition to the power under Section 18 (1) to recommend the initiation of prosecution proceedings or other proceedings as the commission may deem fit for the person responsible for human rights violations, or negligence in violating human rights.
The NHRC took certain steps to restrict the police discussed below:
1.) 14 Dec, the commission has requested every Regional Magistrate / Superintendent of Police to report any incident of Death by Rape or Rape, directly to the commission within 24 hours. Failure to submit the report, it was emphasized, could lead the commission to believe that efforts were being made to prevent the incident.
2.) The commission recommended that certain amendments in the law impose certain restrictions on the police:
(a) Insertion of S 114
(b) in the Indian Evidence Act 1872 to present a view denying that injuries sustained by a person detained by the police may be deemed to have been caused by a police officer.
(c) The Commission and support the ILC's recommendation that S 197 of Cr.P.C. amended to prevent the issuance of a government decision to prosecute a police officer in which a prima facie case has been established, in one question by a session judge, of the commission of the last case.
(d) The Commission has taken the view that the compensation paid to the relatives of those who died while in custody, should be a debt not only to the national government, but also to the police officer himself.
(e) Another recommendation of the commission is that there should be a compulsory investigation by a session judge in each case of the death of a detainee, rape or serious injury.
3) With regard to cases of death of detainees, the current provisions of the National Rights Commission may be modified.
4.) Guidelines need to be set for voting after post-mortem, in order to make a tape that is practical and useful in the preparation of cases of child mortality.
After the adoption of UDHR almost 57 years have passed. This was a time of global human rights abuses. The movement started as a global reaction to Nazi atrocities and serious human rights abuses during World War II. This has helped to make Human Rights a permanent part of international law and domestic law. Today a world threatened by weapons of mass destruction, nuclear weapons, widespread violence, torture, etc., and respect for and respect for Human Rights is the only hope that can save this advanced civilization from destruction.
In this regard, the opening remarks by Boutros Boutros-Ghali, former Secretary-General of the UN, at the World Human Rights Summit, June 14, 1993, are significant:
Not a day goes by that no war breaks out. Not a day goes by without some cause for the most important freedoms attack. Not a day goes by without some reminders of racial and criminal prejudices, intolerance and extreme extremism, underdevelopment, and the resulting harm.
So, if we look at the above perception of the former UN Secretary-General, we can understand the dynamics of Human Rights and the various human rights structures. But at the same time as we were fighting terrorism, the problem of the Naxalites and the civil unrest we had to have a strong investigative process to save the lives of innocent people. As we see today, terrorism is widespread outside the borders of one country and another, which is a frightening phenomenon in the world and requires severe punishment from them.
By Ridhi Mohanty