Human Rights new

look
Presented by :
M.L.PANDIA
Advocate – Rajasthan High Court

Mobile : 9049142729

E-mail : mlpandia@gmail.com
India = Complex
Country
 India is one of the most fascinating
country in the world.
 An area of 32 Lakh Sq. Km.
 100 crore population
 200 languages are spoken.
 19 Official languages.
 7,000 Kms. of Sea coast
 Complex cultures, traditions, etc.
 Country with a great history dating
back to thousands of years.
Police-Judge ratio in
India
 There are 40 police per 100 Sq. Km area,
i.e. 10 x 10 Km. area.

 There are 1.4 police men per 1000 people

in India = 14 police / 10,000

 There are 12 judges per 1 lakh people in

India, whereas in US this figure is 108
judges / 1,00,000
 Policing a most difficult
job
 To control over the people of various
types, castes, creeds, religion, cultures,
traditions, customs, occupations,
languages, etc. is difficult job.
 Common man least aware of the law.
 Not knowing law, no excuse !
 HDI is just 60.2 amongst 176 UN member
countries.
 Maturity level of even educated Indians is
very poor. “Spitting’ , ‘Garbage
throwing’ ,etc.
Who comes to police station
?
 The one who is affected / aggrieved.
 The one who can’t take law in his own hand.
 The one who has no ‘power’ or ‘guts’ or ‘money’
to tackle the wrongdoer.
 The one who believes in ‘Rule of law’.
 The one who believes that the State must respond
to his / her agony
 Rule of Law ?
 Rule of Law’ is the essence of democracy.
 Nobody is inferior than anyone.
 All have equal rights & opportunities.
 All have access to justice.
 Laws are meant for the benefit of everyone.
 It is the responsibility of everyone to obey
the law.
 Laws control us from
birth to death !
 The Registration & Birth Act.
 Schools & Colleges, Universities, UGC
 Employment / service laws.
 Business laws : Contract, Sale of Goods,
Partnership, Transfer of Property.
 Industrial laws :
 Food Laws : Food Adulteration Act.
 Environment Laws : Pollution.
 Wild Life : Protection of animals. Etc.
 Laws …. : Continued.
 Marriage Laws : Registration
 News papers : Press & Registration Act.
 Entertainment : Cinema, Cable TV.
 Municipal : Local authorities. Building
permissions, etc.
 Taxation : Income, Sales, Excise.
 Drugs : Drugs & Cosmetics, etc.
 Transport : Aviation, MVA, Voyage Act.
 Death : Registration of Death
 Those who break the
laws :
 We have Indian Penal Code – 1860, to
book the culprit / accused.
 Criminal Procedure Code 1891, 1973 to
lodge an FIR, Investigation & Trial.
 Evidence Act – 1872 to collect / gather
the evidence
 These were the British creations made
more than 125 years ago and their utility
is not still diminished.
Crime can’t take place
 If a person has any definite objective in
his life.
 He is serious about his life.
 He is willing to work hard to achieve it.
 He knows, once if I loose an opportunity,
then it would never come.
 If the person is ‘GOD’ fearing.
 India :
Is it unmanageable
country?
 Country has become unmanageable.
 The 55 % of our population is less than 35
years of age.
 Many of them are unemployed.
 Persons with MA & M.Com. degrees are
bus drivers & conductors in Kerala & TN.
 All this leads to ‘crime’ where one gets an
easy money.
Constitution of India.
 Our laws flows from Constitution
of India, i.e. Parliament & State
legislatures.
 Fundamental rights under our
Constitution are much in common
with the Universal Declaration of
Human Rights in 1948.
 Should police be blamed
for everything ?
 Police department is governed by Old ‘Police
Act – 1861’, which is a dead wood. (In Mah.
Bombay Police Act -1951 is applicable)
 Police reforms have not taken place inspite
of various recommendations.
 No Govt. is interested in giving ‘more
powers’ to police.
 Criminalization of politics & politics of
criminalization.
 People are not getting justice !
Is it true ?

 People : Police ratio shows, police

can’t just control everything.
 Police have their own limitations.
 Police can’t succeed without
people’s co-operation.
 People are unwilling to co-operate
with police, but they want police to
do everything for them.
 Police can’t discipline
society
 Because of lack of man power.
 Lack of resources, vehicles, facilities, etc.
 Unwillingness on the part of the people to
change.
 Our punishments are too small.
 Hence people are not afraid of law & police.
 Foreign countries licenses are suspended
even for minor offences
 Sec. 46 – Use of force
while
effecting the arrest
 There is specific provision in the
Cr.P.C. which entitles the police
authorities to use ‘bare minimum’
force while effecting the arrest of the
accused.
 After doing so, a Station Diary Entry to
that effect be made, lest the Accused
get an opportunity to make any
allegations against the police, when
produced before the Magistrate.
 A mention be made in Remand Report
to that effect as well.
 Sec. 46(4) : Arrest of
female Accused
 No arrest to be made during night
time EXCEPT in emergency
circumstances, only by Women
Police Officer, with the prior
permission of the Magistrate
where the offence is lodged or
where the arrest is to be made.
 Arrest of female accused
by male police
 2003 SOL Case No. 636
State of Mah. vs.. Christian Community
Welfare Council of India & ors.

Arrest of a female accused should made in

presence of lady constable. Arrest can however,
be made where the presence of lady constable is
not possible or delay in arrest would impede
investigation. Arrest can be effected any time
day or night. Officer to record reasons of non
availability of LPC in such cases in Station Diary
 Sec. 50 – A : (23.06.2006
Amendment)
Notification of arrest of Accused to
his relatives, friends etc.
 Officer making arrest of accused to intimate the
arrest to his relatives, friends, etc. of his choice.
 Intimation of this right be given to accused after
being brought to police station.
 Entry be made in the SD once intimation is
given as required above.
 Suggestion: The remand report sent to
magistrate should reflect the compliance of
Sec. 50 A.
 Sec. 54 (23.06.2006 Amendment)
Medical examination at the instance
of the arrested person

 Examination at the instance of arrestee to

prove his innocence wrt crime.
 Or which will prove the commission of crime
by other person on his body
 Magistrate must have subjective satisfaction
that the arrestee is doing it bona fide & not
for delay or defeating the ends of justice.
 RMP examining such arrestee has to submit
report forthwith to him or to the person
nominated by him.
 Trial by media – SC directive
M.P. Lohiya V/s. State of West
Bengal (2005 SCC (Cri) 556)
 Publication of an article in magazine on issue of
dowry death, which was sub judice.
 Matter is of suicide & reached to SC for bail.
 Magazine publishes the interview of the victim’s
family, which reveals certain facts of the crime,
which would be considered at the time of trial.
 Such article would certainly interfere with the
administration of justice
 SC deprecating such practice & cautions the
publishers, editor and journalists.
 Bandh directions given by Bombay High
Court
WP No. 2827/2003
Directions to State, District Collectors &
ors.
 No political party, organization, association, group
or individual can by organizing a ‘bandh’ by force
or intimidation, stop or interfere with the road and
rail traffic or the free movement of citizens in the
city of Mumbai or State.

 To take all actions, including arrest, detention and

prosecution against those who seek to enforce
such ‘band’ or ‘hartals’ by organizing leading or
participating in rail in rasta rokos, on trains, buses,
other vehicles and private citizens.
 Band directions …
continued
 An enforcement of bandh or hartal would amount to an
un- constituonal act and any political party or
organization, association or groups or individual giving
such call for band or hartal to force or intimidation or
otherwise.
 The concerned political party organization, association,
group of individual giving bandh call will be served with
a notice U/s. 149 of Cr.P.C.
 In the notice attention will be drawn to the judgments of
the SC & Bom HC regarding the illegality of bandh.
 The notice will clearly state that such a political party,
organization, association, group or individual will be
liable for legal action and compensation for loss of life,
injury or for loss of livelihood due to bandh.
Bandh directions ..
Contd.
 The police shall take an appropriate action against the person,
persons, involved in such bandh under the provisions of IPC,
Cr.P.C. and BP Act and submit action taken report in such
cases to the Sessions Judge of the concerned district.
 The general public be informed by issuing a press note,
thorough print & electronic media, informing them about
preparation made by the police do deal with band and making
people secured.
 A visible police presence shall be maintained throughout the
city prior to the bandh in preference to other police duties.
 A visible bandobast outside railway station, bus depot, main
road, main junction, hospital, courts, schools & colleges will be
maintained during bandh.
 Wireless mobile patroling, beat marshall patroling, fixed point
bandobast shall be deployed to curb any untoward incident on
the bandh day.
 Necessary protection be given to market & business places.
Bandh directions ..
Contd.
 There shall be video recording so as to identify
the miscreants and to book under law.
 All police control room will be fully activated to
follow up incidents regarding bandh to take
proper stringent and timely action.
 The Chief Secretary of the Govt. DGMS and
other officers to take all necessary steps to give
effect to the above directions.
 Police & Law Enforcement
From Cr.P.C. point of view
 Protection against arbitrary arrests
Sec. 41.42,43,50,55,56,57,58, 151
 Protection against arbitrary searches
Sec. 93, 94, 97, 100, 165 & 166
 Production before JMFC in 24 hours
Sec. 56, 57 & 167
 Right to consult advocate
Sec. 303, 404
 Right to go on bail
Sec.436, 437, 438, 439
 Police & Law Enforcement
From Cr.P.C. point of view
 Right not to be prosecuted for more
than once for some offence
Sec. 300
 Right not to be compelled to be witness
against himself
Article 20 (2)
 Right not to be punished under a
retroactive penal statue
Article 20(1)
 Right not to be surprised at trial
 Sec. 173 (5), (6), (7), 207, 238
 Police & Law Enforcement
From Cr.P.C. point of view
 Right to insist that evidence be recorded in his presence
 Sec. 273, 205, 299, 317
 Right to examine defence witness
Sec. 254, 243, 447, 233
 Right to have a notice of charge
Sec. 211, 212, 213,
 Right to test evidence for prosecution
Sec.231(2), 246 (4), (5), (6)
 Police & Law Enforcement
From Cr.P.C. point of view
 Right to explain away evidence
Sec. 313
 Right to approach Higher Court in case of conviction or refusal of
bail.
Sec. 167(5), 468
 Right to be heard on question of sentence before sentence is
announced
Sec. 235 (2), 248 (2).
 Right of the child / juvenile not to be hanged or imprisoned