Abstract
The human right violations in police’s actions (or inaction) are in the headlines, quite often in India. The fundamental freedoms guaranteedunder the Indian Constitution are often ignored during the course of such police actions, which the Judiciary in India has tried to regulate in many cases. The Supreme Court of India has laid down norms for many areas including custodial death, inhuman treatment in prisons, continued detentions in the prison after the completion of a term of imprisonment, fake encounters, unwarranted breach of the right to privacy of individuals and registering of fraudulent cases. Despite the continued efforts of the Indian Judiciary, the incidents of human right violations by the police have not abated due to two main reasons: a) the strong political influence of the police and b) theignorance of the public, who still fear the police more than anyone else. This paper addresses the topic at hand in three parts. In the first part, the paper analyses the trendsetting judicial verdicts against the violation of human rights by police in India, especially in light of the Constitutional provisions. The second part addresses the problems that are still faced despite the judicial activism in the field and elaborates on the reasons for the continuation of problems. The final part of the paper addresses thesteps that can be taken for strengthening the police reforms to prevent human right violations. It also looks into the need for necessary responses from other stakeholders in the field.
Highlights
The fundamental freedoms guaranteed under the Indian Constitution are often ignored during the course of such police actions, which the Judiciary in India has tried to regulate in many cases
Though the judiciary has taken up the task of a post facto determination of the legality of police actions, it has failed to codify the list of permissible and impermissible police actions
It is obviously understandable that the preparation of an exhaustive list is impractical; an indicative list would be useful in bringing more clarity and avoiding arbitrariness
Summary
All manuscripts should be original and should not be simultaneously considered by any other publication. Coauthorship to a maximum of three authors is permitted except in special cases. The Journal accepts manuscripts for publication on a rolling basis throughout the year and the last date for submission for the Issue is May 31st 2018. Submissions made thereafter shall be considered for publication in the issue
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