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A STUDY OF HUMAN RIGHTS OF ACCUSED IN INDIA
Suresh Kumar Naik
Abstract:
This research investigates the human rights of persons who have been accused of committing crimes in India. It does so by analyzing the legislative framework, enforcement mechanisms, and practical realities that come into play when it comes to how these individuals are treated within the criminal justice system. The research focuses on several stages of the criminal process, beginning with arrest and continuing through trial and jail. It highlights essential issues such as the right to legal counsel, protection from torture and harsh treatment, and the presumption of innocence. The Constitution of India, in conjunction with international human rights treaties to which India is a signatory, provide a solid basis for the protection of the rights of those who have been accused of a crime. Nevertheless, in spite of these legislative safeguards, there are major gaps in execution, which are sometimes made worse by systemic difficulties like as corruption, overcrowded jails, and delays in the court system. This research highlights the primary obstacles that the accused must overcome in order to protect their rights by conducting an exhaustive assessment of case law, laws, and secondary literature. In addition to this, it draws from interviews with individuals who have firsthand experience with the criminal justice system, as well as interviews with legal experts and human rights advocates. Despite the fact that there have been significant advancements in recent years, such as judicial activism and laws aimed at protecting rights, the findings indicate that there is still a great deal of work to be done in order to guarantee that the rights of those who have been accused are protected in a manner that is both consistent and effective. In its conclusion, the report makes suggestions for improvements in policy as well as practical steps that may be taken to improve the protection of human rights for those who have been accused in India. These suggestions highlight the necessity of a criminal justice system that is more open, accountable, and compassionate.
