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Human Rights Violations
Dr. N. Satish.,
“Looking at the constitution of India human beings are rational beings.
They by virtue of being humans possess certain basic and inalienable
rights which are known as Human Rights. Since these rights are
available to them by virtue of being humans, as such they come into
existence at the time of their birth. The Constitution of India as adopted
in 1950 provides certain rights to its citizens known as the Fundamental
Rights (part-3, article 14-35). These rights are similar to those rights
which are provided in Universal Declaration of Human Rights and the
rights provided in International covenant on civil and political rights
and International rights on social, economic and cultural rights”
- Dr. A.P.J Abdul Kalam
What is Human Rights?
 Human rights are rights inherent to all human
beings regardless of gender, nationality, place of
residency, sex, ethnicity, religion, colour or and other
categorization.
 Thus, human rights are non-discriminatory,
meaning that all human beings are entitled to them and
cannot be excluded from them.
 Of course, while all human beings are entitled to
human rights, not all human beings experience them
equally throughout the world. Many governments and
individuals ignore human rights and grossly exploit
other human beings.
Types of Human Rights
• Civil rights (such as the rights to life, liberty and
security),
• Political rights (like rights to the protection of the law
and equality before the law),
• Economic rights (including rights to work, to own
property and to receive equal pay),
• Social rights (like rights to education and consenting
marriages),
• Cultural rights (including the right to freely participate
in their cultural community), and
• Collective rights (like the right to self-determination).
What is Human Rights Violations?
• The universal consensus that all individuals are entitled to
certain basic rights under any circumstances. These include
certain civil liberties and political rights, the most fundamental
of which is the right to life and physical safety. Human rights
are the articulation of the need for justice, tolerance, mutual
respect, and human dignity in all of our activity. Speaking of
rights allows us to express the idea that all individuals are part
of the scope of morality and justice.
• To protect human rights is to ensure that people receive some
degree of decent, humane treatment. To violate the most basic
human rights, on the other hand, is to deny individuals their
fundamental moral entitlements. It is, in a sense, to treat them
as if they are less than human and undeserving of respect and
dignity. Examples are acts typically deemed "crimes against
humanity," including genocide, torture, slavery, rape, enforced
sterilization or medical experimentation, and deliberate
starvation.
Human Rights Violation
• Violation of Rights among children
• Women
• Minorities
• SCs and STs
• HIV/AIDS Patients
• Trans-genders
• Convicts and Prisoners
• Slavery and Disabled
• Provision of constitutional rights during the arrest
Violation of Rights among children
• The United Nations General Assembly in November 2007 established the post
of Special Representative of the Secretary-General on violence against
children.
• The resolution encourages the Office of the High Commissioner for Human
Rights (OHCHR), the United Nations Children's Fund (UNICEF), the World
Health Organization (WHO) and the International Labour Organization (ILO)
to cooperate with and support the Special Representative.
• Much of the violence against children, including physical violence,
psychological violence, discrimination, neglect and maltreatment, remains
hidden and is often socially approved. Although the consequences may vary
according to the nature and severity of the violence inflicted, the short- and
long-term repercussions for children are very often grave and damaging. The
physical, emotional and psychological scars of violence can have severe
implications for a child's development, health and ability to learn.
• Child labor, child trafficking, and poor access to education for children from
socially and economically marginalized communities remained serious
concerns throughout India.
Violence Against Women
• Any act of gender-based violence that results in, or is likely
to result in, physical, sexual or mental harm or suffering to
women, including threats of such acts, coercion or arbitrary
deprivation of liberty, whether occurring in private or public
life.
As defined by the United Nations.
Around the world at least one woman in every three has
been beaten, coerced into sex, or otherwise abused in her
lifetime. Every year, violence in the home and the
community devastates the lives of millions of women.
Violence against women is rooted in a global culture of
discrimination which denies women equal rights with men
and which legitimizes the appropriation of women's bodies
for individual gratification or political ends.
Significance Of Violence Against Women
• Unequal status of women in society.
• Serious violations of human rights.
• Leads to range of health problems (often in
silence)
• Pressure on medical care resources.
• Health care institutions can make significant
contributions to addressing violence against
women by supporting clinicians and clients.
Various Forms Of Violence Against Women
• Rape/Sexual violence in refugee camps.
• forced sexual initiation or abuse.
• Sex-selective abortion.
• Acid throwing/honour killing ( dowry related
deaths)
• Undue virginity examination.
• forced cesarean section deliveries.
• Trafficking in women and girls
Honour Killing
• An honour killing or shame killing is the
homicide of a member of a family by other
members, due to the perpetrators' belief that the
victim has brought shame or dishonour upon the
family, or has violated the principles of a
community or a religion, usually for reasons such
as refusing to enter an arranged marriage, being in
a relationship that is disapproved by their family,
having sex outside marriage, becoming the victim
of rape, dressing in ways which are deemed
inappropriate, engaging in non-heterosexual
relations
Scheduled Castes and Scheduled
Tribes
• First coined by the Simon Commission and consequently used in
Government of India Act, 1935, scheduled caste and scheduled tribes are
legal as well as political terms.
• The people belongs to the SC/STs suffered from immense disadvantages
and discrimination which seemed from the age old caste/varna system.
• Low status, poverty, illiteracy and injustice across all spheres afflicted the
SCs extensively.
• Scheduled caste, formerly “untouchables,” continued to be discriminated
against in education and in jobs. There was increased violence against
Dalits, in part as a reaction to their more organized and vocal demands for
social progress and to narrow historical caste differences.
• Article 17 prohibits the practice of untouchability in any form .
Minorities
• Louis Wirth defined a minority groups as “A
group of people who are singled out from others
in the society for differential and unequal
treatment due to their physical or cultural
characteristics.
• There can be various kinds of minorities including
religious minorities, ethnic minorities, linguistic
minorities etc.
• Tacking care of minorities ensures the stability of
state and helps curb the secessionist tendencies in
a state.
Trans-genders
• In September, India’s Supreme Court struck down section
377 of India’s penal code, decriminalizing consensual adult
same-sex relations. The ruling followed decades of struggle
by activists, lawyers, and members of LGBT communities.
The court’s decision also has significance internationally,
as the Indian law served as a template for similar laws
throughout much of the former British empire.
• In December, the lower house of parliament passed the
Transgender Persons (Protection of Rights) Bill, 2018.
Rights groups and a parliamentary committee had criticized
an earlier version of the bill for contradicting several
provisions laid down in a 2016 Supreme Court ruling.
Although the government incorporated several
amendments in the revised bill, it failed to adequately
protect the community, including transgender people’s right
to self-identify.
HIV/AIDS Patients
More than thirty years after the first clinical evidence of
acquired immunodeficiency syndrome was reported,
AIDS has become one of the most devastating diseases
humankind has ever faced. Since the epidemic began,
more than 60 million people have been infected with the
virus and nearly 30 million people have died of HIV-
related causes. AIDS has become the sixth-largest cause
of death worldwide.
Con…
At the end of 2009, an estimated 33.3 million people globally were
living with HIV. In that year alone, there were an estimated 1.8 million
AIDS-related deaths and 2.6 million new HIV infections. Data from
2009 shows that the AIDS epidemic is beginning to change course as the
number of people newly infected with HIV is declining and AIDS –
related deaths are decreasing.
This is in large part due to more people living longer as access to
antiretroviral theraphy increases, but these gains remain fragile and
disparities continue to exist among countries and within countries. Sub-
Saharan Africa continues to be the region most affected with 69% of all
new infections and in seven mostly Eastern European and Central Asian
countries, new HIV infection rates have increased by 25%. Furthermore,
90% of governments reported that they address stigma and
discrimination in their HIV programmes, however, less than 50% costed
of budgeted such programmes. Vulnerability to HIV linked to a number
of human rights challenges remains a concern
Human Rights and HIV/AIDS
Human rights are inextricably linked with the spread and impact of HIV
on individuals and communities around the world. A lack of respect for
human rights fuels the spread and exacerbates the impact of the disease,
while at the same time HIV undermines progress in the realisation of
human rights.
This link is apparent in the disproportionate incidence and spread of the
disease among certain groups which, depending on the nature of the
epidemic and the prevailing social, legal and economic conditions,
include women and children, and particularly those living in poverty. It is
also apparent in the fact that the overwhelming burden of the epidemic
today is borne by developing countries, where the disease threatens to
reverse vital achievements in human development. AIDS and poverty are
now mutually reinforcing negative forces in many developing countries.
The Relationship Between HIV/AIDS
And Human Rights
• Increased vulnerability: Certain groups are more vulnerable to contracting
the HIV virus because they are unable to realize their civil, political,
economic, social and cultural rights. For example, individuals who are denied
the right to freedom of association and access to information may be
precluded from discussing issues related to HIV, participating in AIDS
service organizations and self-help groups, and taking other preventive
measures to protect themselves from HIV infection.
• Discrimination and stigma: The rights of people living with HIV often are
violated because of their presumed or known HIV status, causing them to
suffer both the burden of the disease and the consequential loss of other
rights. Stigmatisation and discrimination may obstruct their access to
treatment and may affect their employment, housing and other rights.
• Impedes an effective response: Strategies to address the epidemic are
hampered in an environment where human rights are not respected. For
example, discrimination against and stigmatization of vulnerable groups such
as injecting drug users, sex workers, and men who have sex with men drives
these communities underground.
Convicts and Prisoners
If a person commits any crime, it does not mean that
by committing a crime, he/she ceases to be a human
being and that he/she can be deprived of those
aspects of life which constitute human dignity.
Rights Includes;
• The right to food and water
• Protection from torture, violence and racial
harassment.
• Being able to get in touch with an attorney to
defend himself.
The honorable supreme court of India in the case of
Ramamurthy V Sate of Karnataka specified 9 problems
that the Indian prisons are affected. That is are
80% of the prisoners are under trails
Delay in trails
Even though bail is granted, prisoners are not allowed
Lack or insufficient provisions are medical aid to
prisoners
Callous and insensitive attitude of jail authorities
Punishment carried out by jail authorities not coherent
with punishment given by court.
Harsh mental and physical torture
Lack of proper legal aid
Corruption and other malpractices
Disturbing conditions of the prison and violation of the basic human
rights such as custodial deaths, physical violence/torture, police excess,
degrading treatment, custodial rape, poor quality of food, lack of water
supply, poor health system support, not producing the prisoners to the
court, unjustified prolonged incarceration, forced labor and other
problems observed by the apex court have led to judicial activism.
Overcrowded prisons, prolonged detention of under trial prisoners,
unsatisfactory living condition and allegations of indifferent and even
inhuman behavior by prison staff has repeatedly attracted the attention
of critics over the years. Unfortunately, little has changed. There have
been no worthwhile reforms affecting the basic issues of relevance to
prison administration in India. – (Justice A N Mulla Committee, 1980-
83)
It is important to stop these violations of rights of prisoners. After all
they are also humans, they have also some emotions. Humans have no
rights to violates others rights even if he or she is in a dominating
position.
Slavery And Disabled
Slavery
• Slavery is defined in the International Convention to
Suppress the Slave Trade and Slavery of 1926 to mean
'the status or condition of a person over whom any or
all of the powers attaching to the right of ownership are
exercised'. The prohibition against slavery has long
been recognised as a crime under international law
from which no exception is permitted.
• Slavery is also dealt with in the Supplementary
Convention on the Abolition of Slavery, the Slave
Trade, and Institutions and Practices Similar to Slavery
of 1956 which expands the definition of slavery to
encompass slavery-like practices including debt
bondage, serfdom, forced marriage and certain
instances of child exploitation.
Provision of Constitutional Rights
during the Arrest
• Despite several attempts being made by issuing guidelines in
various cases, to eradicate the possibility of the committing
torture by the police officials, there were frequent instances of
police atrocities and custodial deaths. Therefore, the Supreme
Court, in this case, issued some guidelines which were
required to be mandatorily followed in all cases of arrest or
detention. Following are some of the important ones-
• The person who is going to arrest any accused should bear
accurate, visible, and clear identification along with their name
tags with their designation.
Con…
• The police officer who is arresting the arrestee must prepare a memo of
arrest, and it should be attested by at least one person who may either be a
family member of the arrestee or any other respectable person in the
locality. The memo must contain the date and time of arrest and must also
be countersigned by the arrestee.
• If the person who has signed the memo of arrest is not a family member,
relative or friend of the arrestee, then the arrestee is entitled to have one
friend or relative being informed about his arrest as soon as possible.
• The person arrested must be made aware of this right to have someone
informed of his arrest or detention as soon as he is put under arrest or is
detained.
• Entry must be made in the diary at the place of detention regarding the
arrest of the person which shall also disclose the name of the next friend of
the person who has been informed of the arrest and the names and
particulars of the police officials in whose custody the arrestee is.
Con…
• The police officer should, on the request of arrestee, record at the time of
his arrest major and minor injuries, if any, present on arrestee’s body, after
subjecting the arrestee to an examination. The “Inspection Memo” must be
signed both by the arrestee and the police official making such arrest, and
one copy of that memo must be provided to the arrestee.
• Copies of all the documents including the memo of arrest, referred to above,
should be sent to illaqa Magistrate for his record.
• The arrestee may be permitted to meet his lawyer during interrogation,
though not throughout the interrogation.
• The court also ordered that in every district and state headquarters, a police
control room should be established, wherein every arrest which is being
made must be reported by the police officer making such arrest within 12
hours of such arrest, and it should be displayed on a conspicuous notice
board.
• The Court also emphasized failure to fulfill the given requirements would
render the concerned officer liable for contempt of court along with
departmental actions, and such proceedings can be initiated in any High
Court having the territorial jurisdiction over the matter.
Rights of arrested Person
1. Right to Silence
2. Rights to know the grounds of arrest
3. Information regarding the right to be released on bail
4. Right to be taken before a magistrate without delay
5. Right of not being detained for more than 24 hours
without judicial scrutiny
6. Rights to trail
7. Right to consult a legal practitioner
8. Rights of free legal Aid
9. Right to be examined by a medical practitioner
10. Right of the accused to produce an evidence
Thank you

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Unit V - HR.pptx

  • 2. “Looking at the constitution of India human beings are rational beings. They by virtue of being humans possess certain basic and inalienable rights which are known as Human Rights. Since these rights are available to them by virtue of being humans, as such they come into existence at the time of their birth. The Constitution of India as adopted in 1950 provides certain rights to its citizens known as the Fundamental Rights (part-3, article 14-35). These rights are similar to those rights which are provided in Universal Declaration of Human Rights and the rights provided in International covenant on civil and political rights and International rights on social, economic and cultural rights” - Dr. A.P.J Abdul Kalam
  • 3. What is Human Rights?  Human rights are rights inherent to all human beings regardless of gender, nationality, place of residency, sex, ethnicity, religion, colour or and other categorization.  Thus, human rights are non-discriminatory, meaning that all human beings are entitled to them and cannot be excluded from them.  Of course, while all human beings are entitled to human rights, not all human beings experience them equally throughout the world. Many governments and individuals ignore human rights and grossly exploit other human beings.
  • 4. Types of Human Rights • Civil rights (such as the rights to life, liberty and security), • Political rights (like rights to the protection of the law and equality before the law), • Economic rights (including rights to work, to own property and to receive equal pay), • Social rights (like rights to education and consenting marriages), • Cultural rights (including the right to freely participate in their cultural community), and • Collective rights (like the right to self-determination).
  • 5. What is Human Rights Violations? • The universal consensus that all individuals are entitled to certain basic rights under any circumstances. These include certain civil liberties and political rights, the most fundamental of which is the right to life and physical safety. Human rights are the articulation of the need for justice, tolerance, mutual respect, and human dignity in all of our activity. Speaking of rights allows us to express the idea that all individuals are part of the scope of morality and justice. • To protect human rights is to ensure that people receive some degree of decent, humane treatment. To violate the most basic human rights, on the other hand, is to deny individuals their fundamental moral entitlements. It is, in a sense, to treat them as if they are less than human and undeserving of respect and dignity. Examples are acts typically deemed "crimes against humanity," including genocide, torture, slavery, rape, enforced sterilization or medical experimentation, and deliberate starvation.
  • 6. Human Rights Violation • Violation of Rights among children • Women • Minorities • SCs and STs • HIV/AIDS Patients • Trans-genders • Convicts and Prisoners • Slavery and Disabled • Provision of constitutional rights during the arrest
  • 7. Violation of Rights among children • The United Nations General Assembly in November 2007 established the post of Special Representative of the Secretary-General on violence against children. • The resolution encourages the Office of the High Commissioner for Human Rights (OHCHR), the United Nations Children's Fund (UNICEF), the World Health Organization (WHO) and the International Labour Organization (ILO) to cooperate with and support the Special Representative. • Much of the violence against children, including physical violence, psychological violence, discrimination, neglect and maltreatment, remains hidden and is often socially approved. Although the consequences may vary according to the nature and severity of the violence inflicted, the short- and long-term repercussions for children are very often grave and damaging. The physical, emotional and psychological scars of violence can have severe implications for a child's development, health and ability to learn. • Child labor, child trafficking, and poor access to education for children from socially and economically marginalized communities remained serious concerns throughout India.
  • 8. Violence Against Women • Any act of gender-based violence that results in, or is likely to result in, physical, sexual or mental harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in private or public life. As defined by the United Nations. Around the world at least one woman in every three has been beaten, coerced into sex, or otherwise abused in her lifetime. Every year, violence in the home and the community devastates the lives of millions of women. Violence against women is rooted in a global culture of discrimination which denies women equal rights with men and which legitimizes the appropriation of women's bodies for individual gratification or political ends.
  • 9. Significance Of Violence Against Women • Unequal status of women in society. • Serious violations of human rights. • Leads to range of health problems (often in silence) • Pressure on medical care resources. • Health care institutions can make significant contributions to addressing violence against women by supporting clinicians and clients.
  • 10. Various Forms Of Violence Against Women • Rape/Sexual violence in refugee camps. • forced sexual initiation or abuse. • Sex-selective abortion. • Acid throwing/honour killing ( dowry related deaths) • Undue virginity examination. • forced cesarean section deliveries. • Trafficking in women and girls
  • 11. Honour Killing • An honour killing or shame killing is the homicide of a member of a family by other members, due to the perpetrators' belief that the victim has brought shame or dishonour upon the family, or has violated the principles of a community or a religion, usually for reasons such as refusing to enter an arranged marriage, being in a relationship that is disapproved by their family, having sex outside marriage, becoming the victim of rape, dressing in ways which are deemed inappropriate, engaging in non-heterosexual relations
  • 12. Scheduled Castes and Scheduled Tribes • First coined by the Simon Commission and consequently used in Government of India Act, 1935, scheduled caste and scheduled tribes are legal as well as political terms. • The people belongs to the SC/STs suffered from immense disadvantages and discrimination which seemed from the age old caste/varna system. • Low status, poverty, illiteracy and injustice across all spheres afflicted the SCs extensively. • Scheduled caste, formerly “untouchables,” continued to be discriminated against in education and in jobs. There was increased violence against Dalits, in part as a reaction to their more organized and vocal demands for social progress and to narrow historical caste differences. • Article 17 prohibits the practice of untouchability in any form .
  • 13. Minorities • Louis Wirth defined a minority groups as “A group of people who are singled out from others in the society for differential and unequal treatment due to their physical or cultural characteristics. • There can be various kinds of minorities including religious minorities, ethnic minorities, linguistic minorities etc. • Tacking care of minorities ensures the stability of state and helps curb the secessionist tendencies in a state.
  • 14. Trans-genders • In September, India’s Supreme Court struck down section 377 of India’s penal code, decriminalizing consensual adult same-sex relations. The ruling followed decades of struggle by activists, lawyers, and members of LGBT communities. The court’s decision also has significance internationally, as the Indian law served as a template for similar laws throughout much of the former British empire. • In December, the lower house of parliament passed the Transgender Persons (Protection of Rights) Bill, 2018. Rights groups and a parliamentary committee had criticized an earlier version of the bill for contradicting several provisions laid down in a 2016 Supreme Court ruling. Although the government incorporated several amendments in the revised bill, it failed to adequately protect the community, including transgender people’s right to self-identify.
  • 15. HIV/AIDS Patients More than thirty years after the first clinical evidence of acquired immunodeficiency syndrome was reported, AIDS has become one of the most devastating diseases humankind has ever faced. Since the epidemic began, more than 60 million people have been infected with the virus and nearly 30 million people have died of HIV- related causes. AIDS has become the sixth-largest cause of death worldwide.
  • 16. Con… At the end of 2009, an estimated 33.3 million people globally were living with HIV. In that year alone, there were an estimated 1.8 million AIDS-related deaths and 2.6 million new HIV infections. Data from 2009 shows that the AIDS epidemic is beginning to change course as the number of people newly infected with HIV is declining and AIDS – related deaths are decreasing. This is in large part due to more people living longer as access to antiretroviral theraphy increases, but these gains remain fragile and disparities continue to exist among countries and within countries. Sub- Saharan Africa continues to be the region most affected with 69% of all new infections and in seven mostly Eastern European and Central Asian countries, new HIV infection rates have increased by 25%. Furthermore, 90% of governments reported that they address stigma and discrimination in their HIV programmes, however, less than 50% costed of budgeted such programmes. Vulnerability to HIV linked to a number of human rights challenges remains a concern
  • 17. Human Rights and HIV/AIDS Human rights are inextricably linked with the spread and impact of HIV on individuals and communities around the world. A lack of respect for human rights fuels the spread and exacerbates the impact of the disease, while at the same time HIV undermines progress in the realisation of human rights. This link is apparent in the disproportionate incidence and spread of the disease among certain groups which, depending on the nature of the epidemic and the prevailing social, legal and economic conditions, include women and children, and particularly those living in poverty. It is also apparent in the fact that the overwhelming burden of the epidemic today is borne by developing countries, where the disease threatens to reverse vital achievements in human development. AIDS and poverty are now mutually reinforcing negative forces in many developing countries.
  • 18. The Relationship Between HIV/AIDS And Human Rights • Increased vulnerability: Certain groups are more vulnerable to contracting the HIV virus because they are unable to realize their civil, political, economic, social and cultural rights. For example, individuals who are denied the right to freedom of association and access to information may be precluded from discussing issues related to HIV, participating in AIDS service organizations and self-help groups, and taking other preventive measures to protect themselves from HIV infection. • Discrimination and stigma: The rights of people living with HIV often are violated because of their presumed or known HIV status, causing them to suffer both the burden of the disease and the consequential loss of other rights. Stigmatisation and discrimination may obstruct their access to treatment and may affect their employment, housing and other rights. • Impedes an effective response: Strategies to address the epidemic are hampered in an environment where human rights are not respected. For example, discrimination against and stigmatization of vulnerable groups such as injecting drug users, sex workers, and men who have sex with men drives these communities underground.
  • 19. Convicts and Prisoners If a person commits any crime, it does not mean that by committing a crime, he/she ceases to be a human being and that he/she can be deprived of those aspects of life which constitute human dignity. Rights Includes; • The right to food and water • Protection from torture, violence and racial harassment. • Being able to get in touch with an attorney to defend himself.
  • 20. The honorable supreme court of India in the case of Ramamurthy V Sate of Karnataka specified 9 problems that the Indian prisons are affected. That is are 80% of the prisoners are under trails Delay in trails Even though bail is granted, prisoners are not allowed Lack or insufficient provisions are medical aid to prisoners Callous and insensitive attitude of jail authorities Punishment carried out by jail authorities not coherent with punishment given by court. Harsh mental and physical torture Lack of proper legal aid Corruption and other malpractices
  • 21. Disturbing conditions of the prison and violation of the basic human rights such as custodial deaths, physical violence/torture, police excess, degrading treatment, custodial rape, poor quality of food, lack of water supply, poor health system support, not producing the prisoners to the court, unjustified prolonged incarceration, forced labor and other problems observed by the apex court have led to judicial activism. Overcrowded prisons, prolonged detention of under trial prisoners, unsatisfactory living condition and allegations of indifferent and even inhuman behavior by prison staff has repeatedly attracted the attention of critics over the years. Unfortunately, little has changed. There have been no worthwhile reforms affecting the basic issues of relevance to prison administration in India. – (Justice A N Mulla Committee, 1980- 83) It is important to stop these violations of rights of prisoners. After all they are also humans, they have also some emotions. Humans have no rights to violates others rights even if he or she is in a dominating position.
  • 22. Slavery And Disabled Slavery • Slavery is defined in the International Convention to Suppress the Slave Trade and Slavery of 1926 to mean 'the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised'. The prohibition against slavery has long been recognised as a crime under international law from which no exception is permitted. • Slavery is also dealt with in the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery of 1956 which expands the definition of slavery to encompass slavery-like practices including debt bondage, serfdom, forced marriage and certain instances of child exploitation.
  • 23. Provision of Constitutional Rights during the Arrest • Despite several attempts being made by issuing guidelines in various cases, to eradicate the possibility of the committing torture by the police officials, there were frequent instances of police atrocities and custodial deaths. Therefore, the Supreme Court, in this case, issued some guidelines which were required to be mandatorily followed in all cases of arrest or detention. Following are some of the important ones- • The person who is going to arrest any accused should bear accurate, visible, and clear identification along with their name tags with their designation.
  • 24. Con… • The police officer who is arresting the arrestee must prepare a memo of arrest, and it should be attested by at least one person who may either be a family member of the arrestee or any other respectable person in the locality. The memo must contain the date and time of arrest and must also be countersigned by the arrestee. • If the person who has signed the memo of arrest is not a family member, relative or friend of the arrestee, then the arrestee is entitled to have one friend or relative being informed about his arrest as soon as possible. • The person arrested must be made aware of this right to have someone informed of his arrest or detention as soon as he is put under arrest or is detained. • Entry must be made in the diary at the place of detention regarding the arrest of the person which shall also disclose the name of the next friend of the person who has been informed of the arrest and the names and particulars of the police officials in whose custody the arrestee is.
  • 25. Con… • The police officer should, on the request of arrestee, record at the time of his arrest major and minor injuries, if any, present on arrestee’s body, after subjecting the arrestee to an examination. The “Inspection Memo” must be signed both by the arrestee and the police official making such arrest, and one copy of that memo must be provided to the arrestee. • Copies of all the documents including the memo of arrest, referred to above, should be sent to illaqa Magistrate for his record. • The arrestee may be permitted to meet his lawyer during interrogation, though not throughout the interrogation. • The court also ordered that in every district and state headquarters, a police control room should be established, wherein every arrest which is being made must be reported by the police officer making such arrest within 12 hours of such arrest, and it should be displayed on a conspicuous notice board. • The Court also emphasized failure to fulfill the given requirements would render the concerned officer liable for contempt of court along with departmental actions, and such proceedings can be initiated in any High Court having the territorial jurisdiction over the matter.
  • 26. Rights of arrested Person 1. Right to Silence 2. Rights to know the grounds of arrest 3. Information regarding the right to be released on bail 4. Right to be taken before a magistrate without delay 5. Right of not being detained for more than 24 hours without judicial scrutiny 6. Rights to trail 7. Right to consult a legal practitioner 8. Rights of free legal Aid 9. Right to be examined by a medical practitioner 10. Right of the accused to produce an evidence