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Criminal Justice System vis-à-vis Human Rights

Author: Rohit Arya, Student, Amity Law School, Guru Gobind Singh Indraprastha University, Delhi, India

Abstract We the citizens of Indian are proud to be a part of the world’s largest democracy as every citizen enjoys several rights guaranteed under the constitution of India such as protection and promotion of human rights of every individual of this country. For instance Right to freedom, right to life, right to liberty and right to privacy are some of those rights. But, in different parts of the country, it still continues to have significant human rights problems even though making commitments to curb some of the main abuses. India has a diversified civil society, free media and an independent judiciary but still, ill-practices, corruption, and lack of accountability that lead to numerous human rights violations exist in our society. Even though numerous national and international human rights standards and norms, violation of human rights are widespread. Judiciary and Constitution in every country have an obligation and a role to protect the Human Rights of citizens respectively. Indian judiciary is not only a guardian of fundamental rights guaranteed under the Constitution but also it’s the exclusive defensive armour of the country when it comes to the violation of these rights. Perhaps one of the most active courts, when it comes into the matter of protection of Human Rights, is the Supreme Court of India. The Indian Judiciary also has a foremost role in protecting the human rights of the prisoners. Human Rights Jurisprudence for the preservation and protection of prisoner's right to human dignity has been developed by the Hon'ble Supreme Court of India by interpreting Article 14, 21, 22(1) of the Constitution. To ascertain the sentiments adopted and new strategies developed by the Indian judiciary, this paper makes careful scrutiny and examination of the landmark judgments delivered by the higher judiciary in India in order to ensure the protection of Human Rights of the prisoners.

Keywords: Criminals, Justice System, Human Rights.

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