The criminal justice system in India is based on the Indian Penal Code or IPC, that was enacted in 1860. The IPC lays down the laws and regulations governing criminal activities in India and ensures that offenders are brought to justice. Key components of the criminal justice system in India include: the police, the judiciary, and the correctional system, and the best lawyers in Mumbai play a substantial role at the judiciary level. In a nation where the criminal justice system plays a substantial role in safeguarding human rights, understanding the interface between criminal law and human rights is crucial. Wondering what are human rights and what their relation with criminal law is? Well, here’s a guide from the top criminal lawyers in Mumbai.
India boasts a rock-solid framework defined stringently for protecting human rights. The human rights framework is enshrined in our constitution as well as different international treaties and conventions. Yes, there are fundamental rights, like the right to life, liberty, and equality that we all know about, but India is also a signatory to international agreements like the Universal Declaration of Human Rights that endorses its commitment to uphold the principles of justice and fairness on the national as well as international level.
Most people make an image of offenders in their heads. They forget that the culprit charged for an alleged crime is also a human. However, our constitution didn’t forget that. The criminal justice system is a critical avenue for protecting human rights, but it also poses challenges as well. Pressing issues such as arbitrary arrests, police brutality, and custodial deaths, along with instances of excessive use of force during arrests and encounters have raised concerns about the violation of the right to life and humanitarian dignity.
There’s no denying that challenges exist, but the Indian law also has provisions to safeguard human rights within the criminal justice system. Regulations such as the right to legal counsel, preserving the presumption of innocence until someone’s proven guilty, and the prohibition of torture and cruel treatment are specified in the legislation and upheld by the judiciary. In addition, mechanisms such as habeas corpus petitions and public interest litigations are also there to readdress issues of human rights violations.
Besides, recently the government has also made efforts to address these challenges through legal reforms and policy initiatives. Amendments to criminal laws, such as the Criminal Law (Amendment) Act of 2013, aimed at enhancing the safety and security of women, demonstrate a commitment to upholding human rights principles. In addition, initiatives like community policing and legal aid programs are also there to promote accountability within law enforcement agencies.
In India, the intersection between criminal law and human rights presents a dynamic and multifaceted terrain. Whether you need more information about your human rights in prison while you are arrested, or you want to sue someone and want to know their human rights to analyze the level of punishment they can get, you can always reach out to the top criminal lawyers in Mumbai to help you out. Are you searching for the best lawyers in Mumbai? Contact the legal consultants at RKS Associate today!
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