CHAPTER-! HUMAN RIGHTS AND CRIMINAL JUSTICE SYSTEM Introduction Human tights occupy a predominant role in every comer of the society. Violation of human rights leads to endangering very human being. Human rights have to be followed in letter and spirit, if it is only on paper, it would be frail. Human rights have to be written up on the tablet of heart of the people. In every University human rights is to be taught. Law makers should have burning zeal and enthusiasm towards human rights. Human rights should be the spark of life in every enactment, so that they come alive and then it would be reservoir of life, liberty, equality and dignity of the individual. Humanism is the key which unlocks the human heart. Thus, humanity is precious beyond all prices and human rights refresh the heart of human being and moves the very wheels of Justice. “Human rights” means the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by Courts in India.' Human rights are international in the sense of being universal, applying to every individual.” The Heart of the idea of human rights is simply as human being.’ International protection of human rights is a chapter of Legal history and it is the later stage in the history of human kind.* The city finds no instrumental support within the state apparatus, then citizen can only claim 'See Protection of Human Rights Act, 1993, Section 2 (d). > Dr-H.O.Agrawal, “Human Rights”, 12" edition, (Central Law Publication, 2010), p.13 3 Michale J.Parry, “The Idea of Human Rights for Enquires, (Oxford Press Publication 1998), p.43. * Christian Tomushat, “Human Rights Between Idealism and Realism”, 2" Edition, (Oxford University Press, 2008), p.8.right of resistance against oppressive state power.* The preamble of the 1948 Universal Declaration of Human Rights (UDHR) against, tyranny and oppression, human rights should be protected by the rule of law. The first influential figure who defended the doctrinal position was French author Jean Bodin.® Indians regarded women as social evil, that she was to be burnt at pyre of her husband. Nowadays, women have broken their ill-social shackles and are ready to face the contemporary challenges without any help and hesitation and, consequently, March 8, is formally observed and celebrated in several countries, including India, as a mark of integrated achievements towards the equality of rights, status and dignity of women and their equal participation in economic, social and cultural development in contemporary world scenario.’ Of course, the preamble of the Constitution, which is the supreme law of the land, seeks to secure to its citizen including women folk, justice- social, economic and political, liberty of thought, expression, belief, faith and worship, equality of status and opportunity, and promote fraternity assuring the dignity of the individual.* History is a mute witness to the most inhuman suffering that man has inflicted on man.” A man’s right to his liberty is the fruitful and meaningful life presupposes full of dignity, honour, health and welfare, in the modem philosophy. The treatment of human being which offends human dignity imposes torture and reduces man to the level of beast, would certainly be arbitrary and is impossible as a ° Ibid. p.10 ° Ibid. Dr.Awasthi & Kataria, “Law Relating to Protection of Human Rights”, 2™ edition, (Orient ,, Publishing Company), See also 1999 (Criminal Law Journal, Journal Section) p.17 Ibid, p.1. * Ibid., See 1999 (1), ALT (Journal Section), p.11.code of human conduct in all religions.'” King John of England granted Magna Carta to the English baron on June 15, 1215 that their privileges will not be encroached and hammered. That importance of Magna Carta’s resulted into confirmation by parliament in the year 1216-1217 during the period of John’s son, Henry III, the confirmation was done in the year 1297 and was modified by Edward I. Parliamentary superiority was formed in 1689, by the Petition of Rights and Bill of Rights, over the Crown and rule of law in England were controlled by documentary authority. Declarations and constitutional branches of many states are supported by the expression “fundamental right”. The declaration of Independence of thirteen States in the United States of America in 1776, the Virginia Bill of Rights, 1776, the Constitution of the United States of 1787 with amendments in 1789, 1865, 1869 and 1919 incorporated with Right of Man. In 1789 the French Declaration of the Rights of Man of 1789 enlighten other country and accelerated to add provision in their laws for the protection of Human Rights.'' The growth and evolution of Human Rights and International Law had achieved a remarkable progress since the year 1945. Several charters, treaties, etc., came into existence for effective enforcement of Human Rights.” Universal Declaration of Human Rights and International Covenant on Civil and Political Rights for International Human Rights Law implies that everyone has the right to life, liberty and security of person."* All are equal before the law and are "Ibid. “Ibid. “Ibid. 'S Universal Declaration of Human Rights, Article 3, 3entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this declaration and against any incitement to such discrimination. No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence or to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.'® Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law."® No one shall be subjected to arbitrary or unlawful interference with his privacy family, home or correspondence, or to unlawful attacks on his honour and reputation.'”. The Constitution of India incorporated fundamental rights of the Citizen. The United States define Human Rights in a policy document in 1978 and said :- Freedom from arbitrary arrest and imprisonment, torture, unfair trial, cruel unusual punishment, and invasion privacy, rights to food, shelter and health care, and education. In India, Human Rights Act, 1993 define human rights related to liberty, equality, dignity, as embodied in fundamental rights and international covenants. The relevant international covenants are:"* 1. Universal Declaration of Human Rights 1948. 2. The International Covenants the Civil and Political Rights 1966. " Ibid, Article 7. 'S Dbid, Article 12. Article 9(1). ‘Article 17(1) ‘© DrSubramaniyan, Human Rights Evolution of the Concept, Human Rights Intern: Challenges forward by Justice Ranganatha Misra, (Manas Publication, 2007), p.4 43. The International Covenants on Economical, Social, Cultural rights 1966. 4. The Optional Protocol 1966. 5. The Human Rights Concept expanded into © Civil and political rights Economical social and Political rights, Group rights. The men who framed the Constitution knew they were writing for basic document for a government for free men ; and keeps humanity marching forward. ‘Adam was the fountain head of the human race and the river of humanity flows from him." Law is the heart of inspired project to strengthen and to protect peaceful human relations, law should be the corner stone and should surpass the regulation and should be the central plank of work.” Human Rights on criminal justice is a great beacon of light and refusal is “bank of justice is bankrupt’ and it is time to lift the nation from the quick sands of injustice to the solid rock of racial brotherhood’ and heat of injustice, heat of oppression, will be transformed into an oasis of freedom and justice.? Chief Justice John Marshal of USA Supreme Court has said, ‘a Constitution is framed for ages to come”,”> Thomas Paine’ said “Give me liberty or give me © Billy Graham , “Peace with God”, 1° Indian Edition, (OM Authentic Books, P.O.Box.2190, Secunderabad 500 003, Andhra Pradesh, India, 2006, Reprint 2007), p.29. Helen Kennedy, “Just Law”, (Vintage Publications, London, 2005), pp.9, 11 *! Dr.V.Sachtanadam, (Ed), “20" Century Prose”, (Macmillan Publications, 1978, see also Martin Luther king, “I have Dream”, JR.16. Ibid, p.16. ® Granville Austin, “The Indian Constitution, Cornerstone of a Nation”, 14" Impression (Oxford University Press, New Delhi, 2009), p.10.death24 We talk of the sovereignty of nation and states, but who talks of the sovereignty of man, for whom all laws are created ** Human rights are trumpeted as the noblest creation of philosophy and jurisprudence and as the best proof of the universal aspirations of our modernity.”* “Human Rights is foreign to no cultural and native to all nations.’ *7 The demand for human rights can be traced to the formation of the Indian national congress itself.* Mr.Upendra Baxi says that much of the twentieth century, later half, will be recalled as an ‘Age of Human right’.”” Origin and concept of human rights men are one degree, every child born in to 3 world must be considered as deserving its existence from God’. “Law cannot be detached from the realities of life. It is the tool to solve problems that occur in life”.*" St.Francis Assisi states that Lord, make me an instrument of your peace, where there is hatred, let me show love, where there is injury, pardon; where there is despair, hope; where there is darkness, light and where there is sadness, joy"? Thus, all human beings are born free and equal in dignity and rights, They are endowed with °4 Louis Nizer, “Reflections without Mirrors An Autobiography of The Mind”, (Doubleday & Company, INC, Garden City, New York, 1978), p.266. ° Ibid, p.279. © Costas Douzinas, “The End of Human Rights, Critical Thought At The Turn of The Century in Part 1 Genealogy of Human Rights”, (Hard Publishing Oxford, 2000(, Preface, p.1 ©” Giri raj shah, IPS, K.N.Gupta, IPS, “Human Rights Perspective Plan for 21" Century”, (diamond Books). ** Ibid p.3. ® Willaim Twinning (Ed), “On Human Rights Southern Voice,” (Cambridge Publication, 2009, p.162 % Thomas Pain, “Rights of Man And Commonsense Every Mans Library”, (Al Fred A Knopf, Seventh Print, UK, 1994)), p.36. Holger Hester Meyar, “Human Rights And The WTO-the Case of Patents and Access to Medicines”, (Oxford University Press. Publication), P.173, > P Krishnasmay, “V.R.Krishna Iyer A Living Legend”, Forwarded by justice Michales Kirby, President, Court of appeal Supreme Court of Australia, (ed) Reprint 2008, (University Publishing Co.PviLtd., 2002), see also Prologue XV, Message of St.Francis Assisi. 6reason and conscience and should act toward one another in a spirit of brotherhood.** Human rights are the birth right of people the world over.“ Three Articles of our constitution stand between the heaven of freedom and unrestrained power. They are articles 14, 19 and 21.** Prosecution for war crimes became a central theme of human rights discourse during the final decade of 21% century. ** Only after the World War II, Human Rights have been universalized and applicable and around the globe.” ‘Life is not just a few years to spend in self indulgence and career advancement. It is a privilege, a responsibility, a stewardship to be lived according to a much higher calling.”* Therefore, the “Birth place of a child is not to be recorded as in prison.” The Children have to be treated in a sympathetic manner and today’s children are tomorrow’s nation and the child who defined “Sympathy” as your pain in my heart.” The Brazilian federal Constitution Article 5, states that privacy life honour and image of person are inviolable." The invention of a distinctive court for children, a legal policy described by professor Francis Alter as “the greatest legal institution * “Human Right and Humanitarian Law Development in Indian and International Law South Asia Human Rights Documentation” (Oxford University Publication, 2008), p.a Also cited in Universal Declaration of Human Rights, Article 1, G.A.Resolution 217 A (II) of 10 December 1948, available at http://www. unhebr.ch/udhr/lang/eng.htm). * Justice Palok Basu, “Law Relating to Protection of Human Rights under the Indian Constitution and Allied laws”, Second Edition, (modern Law Publications, New Delhi, Allahabad), pp.7-8, also cited AIR 19912 Journal Section 113 at p.113. 35K Ravi Vanavil, “Critical essays in the Constitution of India-Law, Logic, Liberty” (Cultural Centres, Chennai Ed.1998), p.89. % Jansuz Symonides (ed), “Human Rights, International Protection Monitoring, Enforcement”, (UNESCO Publication, 2005), p.281 >” Adamantia, Peter Sch Hwab (Ed) “Human Rights New Prospective New Re: Pirvate Limited, 2002) p.17. * Harold Myra Marshal Shelley “The Leadership Secretes of Billy Graham” Zondervan publication grand Rapids, Michigani 4953- USA copyright @2005 by Christianity Today International Chapter 17 Sowing seeds in all Seasons p.257 (Cited Elizabeth Dole). * Durga Das Basu, “Constitution law of India”, 8" Edition, Reprint 2009, p.140, Lexis Nexis Butter worths wadhwa, (cited, Rd Upadyars vw State of AP AIR 2006 SC (1946) “° Warmne.\W -WIERSBE “The Bible Epxpostion Commentary Old Testament Wisdom and Poetry”, OM Books Publications, Seconderabad, Andra Pradesh, India, first Indian edition, 2005, volume-3, p.19. + prof.(Dr.) J. Dumorrtie, (Edn) “Cyber Law” (Wolters Klumer Netherland) 2004, p.864. ity”, (Viva Book 7invented in the United States is the birthing of juvenile court involved a radical insistence that children not be crushed for their transgression nor brutalized for a lack of access and opportunity that society not give up on its children is the reason for constitution of Court.” The role of the Juvenile court as an instrument of the crime control industry-controlling those who might produce unrest or disturb the social order. Medicine has always played a prominent role in the lives of women in prison, when a prisoner who is pregnant is likely to give birth shortly before release, then prisoners service policy indicates that arrangement should be made for her early release or transfer to local hospital to give birth“ and the Prisoner should normally be escorted to hospital by two female officer, but they should not be present in the delivery room or where an intimate examination is taking place unless required to be so by the prisoner“ and the birth of baby to a prisoner she may apply to keep the baby in a mother and baby unit.** ‘The pen is the tongue of the brain as such it is mightier than the word, as well as the sword.*” The journalists are the fourth estate. How be the journalist could not intrude the privacy of others, and it was discussed in R.K.Karanjia.* In the Old Testament, Job states “till I die I will not remove my integrity from me, my © David S.Tanenhavs, “Juvenile Justice in the making”, Oxford University Press 2004 (Cited Forward p(viii) * Ibid. * Stephan living stone Time Ownen QC Alison Macdonald, “Prison Law”, 4" Edition-Oxford University Press, Chapter II, P.468 (cited the shame I felt in chains, the guardian 11 January, 1996) * Ibid Chapter, p.269. [hid (Cited Report of a review of prisoner policies procedure and mother babies in prison larder 1999), * Lous Nizer, “Thinking on Your Feet Adventures speaking”, and Introduction by Bruce Barton Garden city publishing Co, Inc. Garden city, New York Publication , 1940, p.138. “* Sewakram vs.R.K.Karajia, AIR 1981 Supreme Court p.1516. 8righteousness I hold fast, and will not let it go my heart shall not reproach me so long as I Live.” Yes, speech is an X-ray of a man.** Why this brain mapping and Narco analysis? Because there is no truth in saying and there is no truthful investigation. Trial by media required the players in this activity to keep, within certain limits. These limits primarily flow from : a) The right to reputation b) The right to privacy; and c) The law of contempt of court. Holding, the name of a victim of rape cannot be published, without permission of the court.*' If people are going to grow, they need space; space comes from privacy and solitude. Even husbands and wives must respect each other’s privacy and not be constantly together if their love is to mature. In Germany there are rule against mentioning crimes after a certain amount of time has passed. A criminal has right to privacy, too, and a right to be left alone, Privacy is an inherent human right and a requirement for maintaining the human condition with dignity and respect. Privacy is important because without it, surveillance information will be abused; to peep, to sell to markets and to spy a political enemy's privacy protects us from abuses by there in power. At the same time man’s saying is not permitted in certain circumstance, in which he is involved in certain crimes and if it is serious one and shakes nation brain mapping come into operation. National Human Rights guidelines right to privacy; both physical and mental senses and the Supreme Court is also emphasises that lie detector cannot be * Old Testament, Bible, Job 27:5,6 © Louis Nizer “Reflections without Mirrors”, an autobiography of the mind, (Doubleady & ‘Company, INC, Garden City New York 1978), p.129. S! State of Maharastra vs Rajendra J.Gandhi (1997) 8 SCC p.386. ® Warren-w.wiersbe, “The Bible Exposition Commentary Old Testament Wisdom and Poetry”, (OM Books publications, Seconderabd, Andhrapradesh, India, First Indian edition, 3 volume, 2005.), p.439. * ttp:/www.counterpane.com last visited on 12.11.2011 9administered without consent of the accused and consent before the magistrate and accused should be represented by the lawyer, child abuse, slave Trade Human ‘Trafficking, Devadasi system also degrade humanity. The term Devadasi in Sanskrit denotes ‘Deva’ (God) and *Dasi’ (Maid) which literally means ‘female servant of god”. Devadasi is thus a cult under which a teenage girl is dedicated to or married to an idol or deity or an object of worship or to a temple. In different geographical areas in India Devadasi are known under various names “Bhavanis”, “Kudikari”, “Bhogamvandi”, “Jogin”, “Thevaridiar”, “Jogati” or “Basavi’, etc. In the olden days, it was a highly honored system patronized by the kings. Over a period of time the system deteriorated because of superstition, religious dogma and illiteracy and the dedicated women began to be trafficked for flesh trade, reducing their dignity to the level of a commodity. Thousands of young backward community girls used to be dedicated to Goddess yeallamma of Svadatti and forced into prostitution, promoting and perpetuating child prostitution. In the face of acute poverty, illiteracy, landlessness and lack of job opportunities, people were lured be those already in the profession. Natural calamities like floods and famines are seeking refuge in the system.™* People detained in gaol retain all their rights as human being except, that right have been lost due to deprivation of liberty. Thus, the key principle of Human rights comprise of maintaining human dignity, Human rights of the prisoners, Making prisons safe place-Making the best use of prisons, Prisoners contact with outside 4 United Nations Office on Drugs and Crime, Government of India, Compendium of Best Practices, on Anti Human Trafficking by Non government Organizations (Publication year 2008, chapter 6) p.72. 10world-and special treatment. Therefore, prisoners have to be treated in a dignified manner from admission to discharge and torture can never being justified. Prisoners must be informed regulations-rights and obligation and records with legal status. Medical staff should be fully trained, Prisons should be classified according to risk in the lowest possible security, restrainment shall not applied as punishment. United Nations training manual prison staff has to be followed. Staff should act as good role model. Prisoners should be locate in prison close their homes. All range of health services in Public be linked with prison service and it should be totally comprehensive. Parole is the release of prisoner temporarily for a special purpose, before the expiry of sentence on the promise of good behavior, to return jail. Parole is granted for certain emergency and it is a discretionary right. The idea of furlow is that prisoner should have an opportunity to come and mix with society and the prisoner should not be continuously in jail for longer period.** Lawyer in criminal courts are necessities, not luxurious.** Advocacy is not baby-talk. Advocacy is the armour of a lawyer. The arguing tongue, with a voice of tongue. A case has to be argued with precision. Command of language is essential for effective advocacy. Lawyer should be comfortable in the English language.*” ** Giri Raj Shah IPS and K.N.Gupta IPS “Human Rights Perspective Plan for 21" Century”. (Diamond books publication, 2006), p.89.. *© Supreme Court judgments of www.stpl-india.in (cited in Gideon vs Winwritht, 372 US 335, 1963) __ Mrs.Justice Hugo Black of the US Supreme Court. % Nambiar, “Third Miscellay” with a foreword by Sri K.G.Balakrishna, Chief Justice of India, Anthrologis K.P.Dandapni, Senior Advocate, Printed and published by Sudha publication, Cochin 682035, (2009), p.42 1‘The court has power to order unexamined witnesses out of the court until their examination is taken up.** Louis Nizer states about duty of lawyer that lawyer should keep his mind on work, but not to keep his work on mind and increase capacity to work, joy of cultivated mind and lawyer should honour the law.” ‘Adult suffrage has been a source and a vehicle for social change.” Section 62 of Representation of the People Act relates to the right to vote. Person confined in prison under a sentence of imprisonment or lawful custody of the police is debarred from voting at any election during this confinement. But person under preventive detention does not bar casting his vote in the election during preventive detention." International covenant on civil and political right states that prisoners, have to be treated with humanity and have inherent dignity. Indian constitution prohibits exploitation, traffic inhuman and beggar. Conditions in Jail should be living conditions. There is no distinction between open prison and closed prison. Work in jail without remuneration is against human dignity life and liberty. Questioning of the accused after prosecution evidence is over plays a vital role in the cannon of criminal justice system. It is a cardinal principle that accused should know incriminating evidence against him. In summons case discretion is vested with ‘In the High Court of Kerala, In criminal M.P.No.164 of 1966 Decided on : 18.3.1966, Appellants __ Dr.Kasi Iyer vs Respondent : State of Kerala. ® Louse Nizer, “Catspaw: The Famed Trial Attornye”s Heroic Defense of a Man Unjust Accused” , 1993, p.296-298. ® Granville Austin : “The Indian Constitution, Cornerstone of a Nation”, Oxford University Press, ‘New Delhi, Fourteen Impressions 2009, p.xiv ° Anukul Chandra Pradhan vs Union of India AIR 1997 SC p.2814. © Gurdev Singh and other vs State of Himachal Pradesha and others, 1992 Cr.L J p.2542. 12the magistrate to dispense with physical presence of the accused by way of filing petition u/s 205 Criminal Procedure Code. Plea of defence can also be introduced in 313 question™ at the same time answer given under this section is not substantial evidence conviction cannot be given on such a statement alone.*° Everywhere there are so many encounters, among them police encounter is predominate one. On the guise encounter innocent victim shave lost their lives. When the police officer incharge of the police station receives information about the death in an encounter between the police party and other, he shall enter the information in appropriate register. It is a desirable that independent investigation agency has to investigate this kind of matter. A magisterial inquiry must be held in all cases of death which occurred in the course of police action. The kin of the deceased must associated in such an inquiry. Prompt prosecution and disciplinary action must be initiated against delinquent officer found guilty in the magisterial inquiry police investigation. Compensation has to be given to the dependants of the deceased. Promotion or instant gallantry rewards shall not be bestowed on the concemed officers soon after the occurrence. The Human Rights Commission has prescribed a format to fill up death in encounter. The wife shall be as vine by the sides of house. The vine is weak and tender plant and needs to be supported and cherished, but it is very valuable plant. Wife's © TGN Kumar vs State of Kerala and Others.(2011)1 SCC (Cr1.) p. 893 AIR 2001 SC p.2902. ®§ (1988) suppl SCC p.570. & Jmportant instructions/ Guidelines National Human rights commission New Delhi letter to Chief Ministers/Administrators of all states’ union territories regarding the modified procedure to be followed in cases of deaths in police encounter-human rights commission, chairperson, DrJustice AS.Anand-date 2.12.2003). 13place husband’s house and that is her castle.™ Domestic violence is the failure of the marriage covenant. Domestic violence may be due to intimated partner violence- family violence-women abuse-spouse abuse. It is as old as history recorded. The rule of thumb’ means a husband can use limited force on his wife. John Stuart Mill criticized wife torture as an atrocity.’ Husband should have sincerity and fidelity towards his wife. She is the wife. His own bone of his bone and flesh of his flesh, the nearest to him of all relations in the world. She is the compassion, she has been equal sharer with him in his cares and grief’s and joys. The modern culture of live in and live out relationship has rooted out the very fiber of the marriage. It is, woman who has understanding of human frailties, and passionate devotion, penetrating observation and compassion human misery.” Among offences against women sexual harassment-rape-infanticide-out rages of modesty-dowry harassment-are the most prevailing. Therefore, such cases need to be dealt with sternly and severely. Doctrine of compensation plays an important role in the field of criminal jurisprudence. Compensation is a kind of medicine to cover up wound sustained in crimes. National commission has evolved a scheme of compensation for the rape ® Rev.leslie F Chruch, PH.D., F.R., Hit. “Matthew Henry’’s Commentary” in one volume,. Genesis to revelation publisher, Marshall, Morgan & Cott Ltd. 1960, Copy right 1961, by Zondervan Publsihing House, Grand Rapids Michigan , Psalms 128, p.718. “* Dawan Bradley Berry JD, “Domestic violence source Book” author of the Divorce recovery source Book MC Graw Hill, 1995, p.19. © Rev Leslie F Church, Ph.D., F.R, Hit. “Matthew Henry’s Commentary” ins one volume, genesis to revelation, publisher, Marshal, Morgan & Cott LTd.1960, Copy right 1961, by Zondervan Publishing House, Grand rapids, Michigan, Malachi Chapter : IL, p.1197. “Thinking on your feet Adventures speaking” Louis Nize with an Introduction by Bruce Barton Garden city publishing Co, Inc Garden city, New York 1940, p.83 on caption of Fannie Hurst, (Cited, In Hindu mythology, the Hindu God Twaskries described how he created a woman) 14victim.”! The Board takes into account the pain-suffering-shock of the victim. Government has revised a scheme of rehabilitation of trafficked victims. Section 357(A) of Criminal Procedure Code stipulated compensation for victim or the dependent. Tamil Nadu Government has already started Victim Assistance Fund. Domestic Violence Act is also providing compensation and damage for mental torture and emotional distress. Biblical reference reflects victimology when Cain murdered his brother ‘Abel. Hans von Heutig was the father of victimology.” After that many schools have been started. Victim has right to notice-right to be present-right to be hear-right to speedy trial-right to privacy-right employment protection. Investigation is part and parcel of criminal justice. When arrest is effected right to bail also begins and apprehension of arrest invites anticipatory bail. The report of National Police Commission reveals when the power of arrest is abused, personal liberty of peoples is violated. To maintain hall mark of social justice, honourbale Supreme Court has issued guidelines for issuance of Non-bailable warrants. The role of Advocates in criminal trial deserves special mention, because they defender the innocent person. Therefore they are called warriors against injustice and crime, but at the same time the picture of justice is very important. 7 Ravi Kant’s Article, “Vietim Compensation in India” law reports India blog, on in issues connected to the India Legal system home, Net Visited on 12-01-12 (Source http://www.ne.nic.in//schemefor rehibiliation.paf) Ann Wolebery Borgess Cherlg Regebr Albert R.Roberts, “Victimology Theories and Application” publication by Jones and Bartelett copy right 2010, topic Crime and Victimology, p-4. ® Shlomo Giora Shohan Pual Knepper (Editors) Martin Kett, etal “On International hand book of Vietimology” CRC Press 2010 Taylor and Franis groups LLC p.27. 15The fairness of the criminal trial is based on the gravity of the accusation. Intentional delay for speedy trial on the part of the government cannot be allowed. The initial criminal proceedings and the beginning of the trial should not be violated right to speedy trial. Hence the court has to see the length of delay, the cause of the delay, accused assertion of right to speedy trial, and results from the delay. The important role players in the criminal justice systems are the victim, the accused and the witnesses. The whole episode depends upon them. Thereafter, the role of investigation, prosecutor and court come into existence. Stayed sine die without making any order jeopardize the liberties of the person accused of the offences. Keeping accused persons in custody more than necessary is the violation of human dignity. The Law Commission of India Reports made in 1958 state that equality is the basis for the modern system of jurisprudence and administration of justice. The concept of legal aid is that poor should not be deprived of his legal rights want of funds to approach counsel. Legal aid is an essential part of fair, just and reasonable procedure. To poor people, omission to do legal aid will result in miscarriage of justice. Legal aid is the constitutional right of every accused who is unable to engage a lawyer on account of poverty. Democracy has the responsibility to protect and promote human rights. Thus, respect for human rights lies at the heart of good governance. Police have both legal duty and moral obligation to uphold human rights and act, according to law and spirit of the Constitution. 16Human rights commission has made it mandatory to report any case of death or rape within 24 hours and provides a video-film of the post-mortem examination. India has one of the most inhumane hand-cuffing regimes in the world. In Punjab Justice A.S.Bain, a former judge of Punjab and Haryana, was arrested by the police and placed in restrains. Handcuffing and illegal detention are violation of human rights. In Prem Shankar Shukla™ Supreme Court has laid procedural guidelines when and how the use offhand cuffs is appreciate, and hand cuffing is legal when the arrestee is involved in serious non bailable offences, previous desperate character, and reason for this must be recorded and Police must gain judicial permission before they use restrains. 1.1 The importance of the subject Human rights in criminal justice system are the central pillar of administration of criminal justice. Criminal justice is the beacon of the light. Therefore, human rights is the sovereignty of man, Peaceful co-existence in the family, society, nation, and international context need human rights. Human rights have to be followed in letter and spirit. Law maker should have a burning zeal and enthusiasm toward human rights, It is the reservoir of life. Liberty equality and dignity of the individual. It is precious beyond all prices. Human rights are the very wheels of justice in criminal administration. 7 AIR 1980 SC p.1535. 7The main actors in criminal justice system is the victim and accused and witness, then the role of investigators prosecutors, judges come. In almost all the constitution of the world right to privacy has been treated as a fundamental right. Thus, privacy, private life, honour and image of the person is very important. Therefore, child born in jail cannot be branded as it is born in jail Right of Privacy of Unwed Woman is Fundamental Rights. Birthing of juvenile court is the greatest legal institution invented in United States of America. Children not to be cursed for their transgression. The role of juvenile court is to an instrument to crime control industry. National Human Rights Commission has given guidelines for brain mapping and lie detector. Guidelines to be strictly followed. Consent of the accused for brain mapping is necessary before the Magistrate in the presence of lawyer. Right to privacy and right to reputation are important. Journalist cannot intrude in the guise of investigation, Child abuse, Human trafficking, Devadasi system degrades humanity. People detained in gaol retain all their rights as human being except that rights have been lost due to deprivation of liberty. Therefore, the key principle of human rights are : maintaining human dignity-health rights of the prisoners-making prison safe place-making best use of prisons-treat the prisoners in a dignified manner from admission to discharge-prisoners must be informed regulation rights and obligation- grant of parole and furlong and its procedure. Role of advocacy plays key role for good representation of client's case. ‘Advocacy is the armour of a lawyer. The power of court is to order unexamined witness out of the court until their examination is take up. Person detained in goonda 18act has the right to cast his vote in election. Human right is more precious than fundamental rights. Questioning of the accused importance in human rights in criminal justice system. Death in police encounter also needs proper procedure otherwise it is violation. The relationship between husband and wife, and live out relationship occupies considerable force in human rights, Domestic violence is other side of the marriage. Curriculum has to be devised by high level committee to make boys and young men more peaceful of the manhood. Compensation is a kind of medicine to coverup wound sustained in crime. Criminal injuries compensation board take into account of pain suffering-shock. Domestic violence act is also provide compensation and damages for mental toruture and emotional disturbance in victimology. Victim has a right to notice, to be represented and right to be heard, right to speedy trial-right to privacy-right to employment protection. Supreme Court of India issued guidelines for issues for non-bailable warrants. National police commission reveals that the power of arrest is misused; personal liberty of people is under peril. Individual rights and society at large, victims perspective and compensation-juvenile in conflicts- Domestic violence and related laws-live and live are concept. The proposed study is to emphasise the human rights and criminal justice system. 191.2 Aim and object of the study The aim of the study is to know more and more about less and less on human rights and to criminal justice system and to dwell on to the following leading questions in my mind. A. What do I want my readers to know? B. What do I want my readers to feel? C. What do I want my readers to do?* 1.3 Hypothesis To realise the aim and objectives of the present study, the following hypothesis have been framed. Though, the human right is comer stone in the criminal justice system, it invites wider reforms for the delivery of the same. To test this hypothesis the following questions have been raised and answered; 1. What is the meaning of Human rights? 2. What is meant by Human rights? 3. What is the role of the Criminal Justice system? 4. What is the international provisions with regard to Human Rights and Criminal Justice System in a democracy. 5. What are the existing legal frame work in India with regard to Human Rights and Criminal Justice System? V.A.Howard, Ph.D.J.H.Barton, M.A., “Thinking On Paper”, Philosophy of education research center, Harvard University, copyright 1986, Conde Nast Publication., p.30. 206. Devise an appropriate mechanism for effective implementation of human Rights in the context of Criminal Justice System. 1.4 Limitation of the study At present there is many a branch in Human rights. This study is limited to Human Rights And Criminal Justice System with regard to origin and development of Human Rights And Criminal Justice System, Right to Privacy-Right of the accused Investigation-and Domestic Violence; Compensation-Victimlogy; Human Rights and Criminal Justice System in India and Remedies. 1.5 Methodology This research is mainly doctrinal in nature, by way of analysing case laws, arranging and ordering systematizing legal propositions and study of legal institutions. Historical method has been used to trace out the background and origin of the human rights. The case law method is utilized for the purpose of better understanding of the human rights and criminal justice system under Constitution of India, Criminal Procedural Code, Indian Penal Code, Prison Manual, Representation of People Act 1950, Registration of Birth and Death Act 1969, Human Rights Act 1993, International Covenant on Civil and Political Rights 1976, Universal Declaration of Human Rights 1948, Convention Against Torture and other Cruel Inhuman Degrading Treatment or Punishment 1987, Convention on the Right of the Child1989, Domestic Violence Act 2005, Juvenile Justice Care and Protection Act 2000, the Declaration of Basis Principle of Justice for Victims of Crime and Abuse of Power 1985, Prevention of Immoral Trafficking Act 1956, Scheduled Caste and 21Scheduled Tribe Prevention of Atrocities Act 1989, Advocate Act 1961, and other related legislation, In addition to this, comparative method is also used in the present research work. Apart from this, as and when required analytical method is also used. 1.6 Sources For realizing the objective of the study, materials from both primary and secondary sources have been utilized. The Constitution of India, Criminal Procedural Code, Indian Penal Code, Prison Manual, Representation of People Act 1950. Birth And Death Registration Act 1969, Human Rights Act 1993, International Covenant on Civil And Political Rights 1976, Universal Declaration of Human Rights 1948, Convention against Torture and other Cruel Inhuman Degrading Treatment or Punishment 1987, Convention on the Right of the Child 1989, Domestic Violence Act 2005 Juvenile Justice Care And Protection Act 2000, the Declaration of Basis Principle of Justice for Victims of Crime and Abuse of Power 1985, Prevention of Immoral Trafficking Act 1956, Scheduled Caste and Scheduled Tribe Prevention Of Atrocities Act 1989, Advocate Act 1961, and Other Related Legislation, Mental Health Act 1987, Maternity Benefit Act 1961, Identification of Prisoners Act 1920, Indian Medical Council Act 1956, Prison Act 1900, Probation of Offenders Act 1958, Fatal Accidents Act 1855, Legal Services Authority Act 1987, Arms Actl959, Apprentices Act 1850, Plantation Labour Act 1951, Employment of Children Act Child Marriage Act, Guardian And Wards Act, Hindu Adoption And Maintenance Majority Act 1875, Primary Education Act, Reformatory Schools Act 1897 and have been referred to as primary sources. The Secondary Sources are Case Laws, Text 22Books, The Holy Bible, Law Journal Both National and International Websites, Newspaper Reports are also referred to as and when required. 1.7 Scheme of the study For the purpose of effective study, this thesis has been divided into seven chapters. In fact, the main heading is Human Rights on Criminal Justice System. But, for easy understanding of the subject it is further deep down into as Human Rights and Criminal Justice System in India — An analysis. ‘The First Chapter is the introduction chapter. In this chapter the introduction about Human rights on criminal justice system, the importance of the study, Aim and object of the study, Hypothesis, limitation of the study, Methodology, sources and Scheme of the Study are discussed. The Second Chapter discusses the origin and development of human rights and criminal justice system. It discusses definition of the human rights. The origin of human rights form Magna Carta, the human rights in Indian constitution, Universal Human Rights, the Role of the State Right to Liberty and Security, human rights are key hole to eternity as Adam has been fountain head of human rights and the is river of humanity, human rights are bed rocks of nation; human rights is the sovereignty of man; human rights as a heaven of freedom. The jurisprudence of Human Rights. The criminal justice system and Human Rights. The Third Chapter contains three parts 1. Rights to privacy, 2. Right of the ‘Accused and 3.Right of the Domestic Violence. Right to privacy discusses women prisoner, right of the accused, UNO Manual child born in jail, absolute right of 23privacy, right to privacy of unwed women, Rights of Privacy of unwed women. Robertson view on privacy, juvenile justice the greatest legal institution, deprivation of love and affection, Juvenile Court in America, Charles Dickens view, Crime Control Industry, object of Juvenile Justice Act, Responsibility and Criminality of the Age, latest trend in Nirbhya Case, Women Prisoners Medical Care, Journalist, Brain Mapping, Trial by Media, Child Abuse, Human Trafficking, Prostitution in India, Causes for prostitution, Laws for prevention and control of mechanism, Synergy, Devadasi System, steps taken by Govt, and guidelines of the supreme court. As to right of accused it discusses the key principles of human rights in prisons process is punishment parole and furlough, practice and procedure-absence of counsel, unexamined witness out of the court, duty of lawyer, prisoners’ right to vote in lection, questioning of the accused in criminal cases, hearing on question of sentence, procedure to be followed in encounter. As to domestic violence if discusses the meaning and history of the domestic violence, stopping of domestic violence, witness to marriage, why domestic violence happens, prevention, response to domestic violence, live in and live out relationship, how god created women, domestic violence act is also discussed. The Fourth Chapter discusses compensation, victimology and Bail. As to compensation different kinds of compensation is discussed and the role of district compensation monitoring committee is also discussed. As to victimology definition of the victim in the International context and victim services and witness assistance, victim participation in criminal justice system both the domestic and international. Access to justice and fair treatment, Restitution, Right to Compensation for Wrongful Conviction, Victim Compensation Fund, Compensation for State Atrocity, 24Compensation for Sexual Offence, Medical Assistance for Victims of Accident; Definition of Victim, Level of Victim Impact, Victim Right, Legislation Victims. Service and Assistance, Crime Victim and Justice System, Right to Notice, Right to be present, Communication, Right to be heard and other things is also discussed. As to bail, the guidelines issued by the Supreme Court are also mentioned on issuance of non-bailable warrants, anticipatory bail Police custody in USA, Remand, absconding of offenders and recording of the evidence and finally the picture of justice. The Fifth Chapter discusses human rights and criminal justice system in India it contains appointment of pleader, amicus curiae, speedy trial, legal aid, handcuffing, and security, prisoner’s grievance. The Sixth Chapter discusses remedies on criminal law, constitutional law, torts law and the international context. On the basis of the discussion found in the previous chapter, an attempt has been made to draw appropriate conclusion and based on such conclusion suitable suggestions are also presented in the concluding Seventh Chapter. The thesis also contains the useful Bibliography at the end. 25