It is gratifying that there has been an expanding horizon of human rights over the years. Protection of human rights would strengthen the majesty of rule of law which would pave the way for a just and egalitarian society. There are safeguards in our Constitutional system for protection and promotion of human rights spelt out in the Preamble itself.
There is an urgent need to create conditions of a human rights culture in the country and make human rights education a part of the curriculum of studies in schools and colleges and part of the training course for law enforcing officers.
laws are many on human rights but both the State and non State agencies have to do more to guarantee them to the people.
The first insignia of human right was embodied in ‘Magna Carta’ which King John was forced to give to the Britishers which is hailed as the great charter of liberty. The opening words are ‘to no man will we deny justice, to no man will we deny justice or right’.
The charter is against false imprisonment, arbitrary arrest and detention without trial which are flagrant violation of all human right norms.
History bears testimony that the international human rights norms received an impetus 69 years ago following the nuclear holocaust and devastation during the Second World War which the mankind will never forget.
For the first time, the concept of human rights asserted itself prominently in an official international document namely Universal Declaration of Human Rights Charter on the December 10, 1948 and as such, the day is observed as the World Human Rights Day.
The preamble to the charter is ‘It is essential if man is not to be compelled to have recourse as a last resort to rebellion against tyranny and oppression that human rights should be protected by rule of law’.
Thereafter on the initiative of the United Nations came two covenants of 1966, one on civil and political rights and the other on economic, social and cultural rights which was ratified by India in 1976. In this backdrop of history of human rights, it is gratifying that the basic concept and features of human rights are embodied in our Constitution viz right to life and liberty, to be protected from physical violence and degrading human treatment, the right to equal treatment before the law and equal protection to the laws, freedom of speech and assembly which have been declared as fundamental rights of the citizens.
It is heartening that Article-226 and Article-32 which contain writ jurisdictions of the High Court and Supreme Court act as sentinel for protection of human rights.
Significantly, in our criminal justice system there are also constitutional safeguards for protection of human rights contained in Article-20, 21 and 22 of the Constitution which act as safety valves.
These salutary provisions speak in unequivocal terms that all post facto laws are prohibited. There is doctrine of double jeopardy which means no person shall be prosecuted and punished for the same offence more than once and no person shall be compelled to be a witness against himself accused of any offence which prohibits testimonial compulsion.
Similarly Article-22 speaks of the rights of the arrested person. He has right to know the ground of his arrest. He has fundamental right to be produced before a magistrate within 24 hours.
He has right to be defended by a lawyer of his own choice. Article-22 also speaks in laudable terms that detention without trial is a gross violation of human rights and anathema to all democratic principles and rule of law.
The person has a constitutional right to be produced before the Board for review of his case and his release from detention.
Right to speedy trial would ensure protection of human rights and it requires affirmative action on the part of the State to expedite the trial as ruled by the apex court in the case of AR Antulay versus State of Maharashtra and in the case of Hussainara Khatun versus State of Bihar.
Similarly, right to free legal services to the needy, poor, down-trodden, marginalised section of the society and women etc at the State cost and to have access to justice delivery system has become a part of fundamental rights which would ensure protection of human rights.
In the case of MH Hoscot versus State of Maharashtra, Suka Das Verses Arunachal State and Khatri versus State of Bihar, the Supreme Court has laid down the law for grant of legal aid which would ensure fair trial which is a major component of human rights under Article-39 (A) read with Article-14 and 21.
Article-21 concerning right to life and liberty is the best insignia for safeguarding human rights which speaks that “no person shall be deprived of his life and personal liberty except according to procedure established by law”.
The word “Right to life” employed in Article-21 would mean and include right to live with basic human dignity. Right to life would encompass all the finer graces of human civilization. Therefore, ‘life’ is for a qualitative existence which is the hallmark of human right consciousness across the globe.
Degrading human treatment, torture and violence on a person facing criminal charge in the custody of law enforcing functionary of the State is negation of all human rights and the Supreme Court has dealt the matter in its anxiety in the famous case of DK Basu verses State of West Bengal which opened a new vista to bring about prison justice, jail reforms and promotion of human rights culture.
Poverty and death due to starvation are the worst form of violation of human rights. The Supreme Court has dealt this aspect in the case of Olga Telis verses State of Maharashtra that the basic rights are food, clothing and shelter and denial thereof by the State would be violation of human rights.
The Supreme Court in the famous Sheela Barse case has observed nthat according to the mandate of Juvenile Justice (Care and Protection Act -2000) with its amendment in 2006, ‘Jail is hardly a place for a child’ who needs care for his development and the UN Convention on the rights of the child speaks in volume regarding nourishment and nurture of the child in best possible manner by the State.
(The writer is a former CBI Judge and lives in Bhubaneswar)