“Violation of Human Rights in Police Custody with Reference to Evidence Act”
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Chapter I:- Introduction and Research methodology
Most of the violations of human rights take place in the management of law and order, by the police. In India, the history of human rights violations in police custody can be traced to British period. Even after 57 years of independence, in a democratic country like India, the police remains virtually a terror to the people and almost absolutely unaccountable for the violations of human rights of people in their custody. Through custodial torture, custodial deaths and other forms of human rights violation in police custody abuses, no static steps have been have been taken so far for a pennanent solution. Since conviction rate is considered as the yardstick to measure the ability of an investigating police officer, every police officer would try to accomplish the maximum conviction rate to his credit by hook or crook. This will definitely help to increase the rate of police torture. It is really pathetic that the successive governments have persistently refuse to investigate the abuses reported in newspaper. Nowadays custodial violence has become a part of the police culture and the incidence of custodial deaths is quite common. Though the academic world and judiciary have become conscious of the need of a study of the causes, of human rights violations in police custody from the legal standpoint has so far received little attention.
Though much has been written on this topic, most of them concentrate on individual issues. The area of human rights violations is so vast both in the national and international perspective. Hence the work is mostly confined to the state of Kerala. Though many of the police officers have co-operated in a better manner, much difficulties arose in the task to penetrate the shields of defense of police personnel who tried to conceive the realities in the interrogation, torture etc.
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Hypothesis
Chapter I:- Introduction and Research methodology
Most of the violations of human rights take place in the management of law and order, by the police. In India, the history of human rights violations in police custody can be traced to British period. Even after 57 years of independence, in a democratic country like India, the police remains virtually a terror to the people and almost absolutely unaccountable for the violations of human rights of people in their custody. Through custodial torture, custodial deaths and other forms of human rights violation in police custody abuses, no static steps have been have been taken so far for a pennanent solution. Since conviction rate is considered as the yardstick to measure the ability of an investigating police officer, every police officer would try to accomplish the maximum conviction rate to his credit by hook or crook. This will definitely help to increase the rate of police torture. It is really pathetic that the successive governments have persistently refuse to investigate the abuses reported in newspaper. Nowadays custodial violence has become a part of the police culture and the incidence of custodial deaths is quite common. Though the academic world and judiciary have become conscious of the need of a study of the causes, of human rights violations in police custody from the legal standpoint has so far received little attention.
Though much has been written on this topic, most of them concentrate on individual issues. The area of human rights violations is so vast both in the national and international perspective. Hence the work is mostly confined to the state of Kerala. Though many of the police officers have co-operated in a better manner, much difficulties arose in the task to penetrate the shields of defense of police personnel who tried to conceive the realities in the interrogation, torture etc.
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Hypothesis
Bibliography: 1. D.K. Basu v. State of W.B., (1997) 1 S.C.C. 416 2 3. Raghubir Singh v. State of Haryana AIR 1980 S.C. 1087. 4. Kartar Singh v State of Punjab(1994) 3SCC 569 5 6. Shamshul Kanwar v State of U.P(1995) 4 SCC 430 7 And Victimology, V.V Devasia and Leelamma Devasia (Ed.),(1998), pp. 6-7. [ 5 ]. Anmesty International, The impact of violence against women (2000), pp. 6-7. [ 6 ]. (1997) 1 S.C.C. 1416. [ 7 ]. D.K. Basu v. State of W.B., (1997) 1 S.C.C. 416, p. 424. [ 12 ]. A.I.R. 1960 S.C. 1125 [ 13 ] [ 14 ]. Id., p. 1088. [ 15 ]. DK Basu v. State of W.B., (1997) 1 S.C.C. 416, p. 424. [ 16 ]. (1994) 3SCC 569 [ 17 ] [ 18 ]. 1999 Cr.L.Jo 1122 [ 19 ] [ 20 ]. (1995) 4 SCC 430 [ 21 ]