Human Rights
Human Rights covers international standards and Indian protection mechanisms, especially the rights of persons in police contact.
Standards
- Universal Declaration of Human Rights, adopted 10 December 1948.
- ICCPR and ICESCR, 1966; India is a party to both.
- Convention on the Rights of the Child; CEDAW; Convention against Torture, which India signed but has not ratified.
Indian framework
- Fundamental Rights in Part III; writs under Articles 32 and 226.
- Protection of Human Rights Act, 1993; NHRC; Kerala State Human Rights Commission, 1998.
- Article 22: an arrested person must be informed of the grounds, allowed to consult a lawyer, and produced before a magistrate within 24 hours.
- D.K. Basu v. State of West Bengal (1997) laid down arrest and custody guidelines.
- POCSO Act 2012; Domestic Violence Act 2005; SC/ST (Prevention of Atrocities) Act 1989; RPwD Act 2016.
Worked example
A person is detained at a station for 30 hours without being produced before a magistrate. Which right is violated? Article 22(2) and the 24-hour rule are violated; the detention is illegal unless a special law permits it. NHRC can inquire and recommend compensation, but it cannot punish.
Traps
- Treating NHRC as a court with binding powers.
- Equating human rights with only Fundamental Rights.
- Miscalculating the 24 hours, which runs from arrest, excluding journey time.
- Ignoring the rights of the accused while focusing on the victim.