Reseacrch Method & Legal Writing LLM Project Presentation Sem 1, NEHA TIRKEY
Reseacrch Method & Legal Writing LLM Project Presentation Sem 1, NEHA TIRKEY
Submitted
Project On To
Submitted By
Neha Tirkey
LL. M., Semester – I, Roll No. PG/15/2021/546
RESEARCH OBJECTIVES
1. To understand the concept on the key principles of police interrogation and human rights
2. To understand the rights of the accused persons prior and during the police interrogation
3. To understand about the violations of constitutional fundamental human rights during the time of police interrogation and to analyse the custodial violence occurrence during the police interrogation
1. In simple words, police are the groups of individuals, who are authorised by the State to preserve/maintain
law and order, to investigate and to prevent crimes in the society. The law enforcement agencies are the
Police and now the police have an obligation to protect the basic human rights of the individual. But, it is
generally seen that the police misuse and override the power of the authority. The police exceeds their power
when interrogating the accused in the police custody and to cause violation of fundamental human rights of an
individuals.
2. The police officers might seek, during the interrogations of the accused, to employ force to obtain confessions,
which would either help them to discovery of a new facts to resolving the case or to get assistance them to
locate the real facts and the perpetrator in the crime itself.
3. Police interrogations and human rights protection are intimately connected to each other. In every
country, Police which carries out diverse responsibilities and functions in order to maintain peace and order in
society. Police are the major law enforcement body.
4. The lives of people arrested, undertrials and convicts in Article 21 of the Indian constitution provide hope.
The treatment of such individuals should be compassionate and mandated by law without being subjected to
violence, torture, inhumane treatment and barbarism. The Supreme Court decided in the case of Maneka Gandhi
vs. Union of India,1978, that the State and police have unquestionable obligation to seize the violators or
perpetrators of the law. The legislation and the State's process for this commendable social aim must be in
accordance with civilised norms. Consequently, the state's approach must be fair, just and reasonable and
must follow the principles of natural justice, it should not violate the basic human rights of an individuals.
B. Fundamental Rights of Individuals Provided Under the Indian Constitution, While
Interrogation Conducted by the Police
1.The phrase ‘human rights’ may be defined in accordance with the basic rights that every human being deserves in
the normal lifetime. Freedom of liberty and the right to live with dignity, access to food, water and shelters, are some
of the fundamental rights, as well as other, to which the States strive.
2. The idea of violation of human rights may be considered to be in violation of an individual's fundamental rights,
which cause the accused to be mentally or physically or emotionally harassed by the action of police brutality,
torture, unlawful detention, custodial deaths and other crimes are the most prevalent types of violation of human
rights in police custody.
3. Custodial violence was not defined in Indian law, but custodial violence does include unlawful detention or third-
degree torture methods on the basis of suspects or for insufficient reason to humiliate them with filthy language, not
to allow them to sleep, to extort a confession under pressure in order to collect further evidence, and to misuse the
power of a handcuffing, not allowing to meet counsel or family members, or denial to food etc.
4. The two Judge Bench Supreme Court declared in a landmark judgement in D.K. Basu case, that custodial
violence, including torture and death in lock-ups violates the rule of law. The Court noted that, notwithstanding
carefully regulated statutory and constitutional safeguards to protect the rights of detained individuals, many acts of
torture and death have been committed in police custody.
F. International Commitments towards the protection of human rights
Article 3: Every person has the right to life, liberty, and security.
Article 5: No person should be subjected to torture, inhuman, degrading, or cruel treatment.
Article 9: Protection against arbitrary arrest, detention, or exile.
The General assembly of the United Nations in the light of Article 5 of the Universal Declaration of Human
Rights and Article 7 of the International Covenant on Civil and Political Rights adopted the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. This Convention states that torture
or other cruel, inhuman or degrading treatment or punishment have been prevented. The countries have to ban
the practise of torture or any other cruel, inhumane behaviour within their competence of jurisdiction. This
Convention also allows for public official training on the same subject. This way the human rights are protected
from torture. If any public officials commits such torture, the Convention shall also compensate or provide for
any other remedies to that effect.
G. Findings & Conclusion
The police or law enforcement agency are seen as a human rights protector or guardian of the people's
fundamental rights. Finally, the data is available in the name of questioning on all claimed incidents of torture and
death in custody. It is therefore essential to make individuals aware of their rights in this scenario.
Despite such widespread legislation, nothing has been followed by reports from different committees such as
Commissions on Human Rights, Universal Deceleration of Human Rights, unambiguous guidance from the
Supreme Court etc.
The government must thus take stringent measures in order to comply with all laws and to give human rights
protection to individuals and not to be contrary, to the conscience of human beings. Authorities must be free from
corruption and citizens must be more accountable and informed of their rights, so that none of their human rights are
denied when following any law-making process.
THANKING YOU.