Violation Of Fundamental Rights Research Articles

Academic Spin-offs through the Lens of Pragmatism and Mixed Methods

In conclusion, this paper explores the intricate dynamics of improper omission as an amplifying device within the Colombian legal context. A detailed analysis has demonstrated how improper omission allows the imputation and punishment of individuals who, without fulfilling the typical description of conduct, incur criminal liability when they abandon their role as guarantors in the absence of a nexus of avoidability. This occurs when they fail to prevent the typical results that, in the context of legal assets in their charge, the perpetrator can update their conduct, but refuses to do so without sufficient justification. It is crucial to differentiate between the general clause of equivalence of improper omission and the special clause of equivalence. While the former pertains to all legal assets, the latter is limited to specific legal assets mentioned in Article 25 of the Criminal Code. This distinction is vital to guarantee coherence and proportionality in the application of criminal law, thus preventing potential arbitrariness and violations of fundamental rights while enabling effective protection of positive duties of protection of legal rights with criminal protection. In particular, the issue of extending the position of guarantor to the protection of legal interests beyond those contemplated in the first paragraph of Article 25 of the Criminal Code has been addressed. By means of practical examples and analyses of case law, it has been demonstrated how improper omission can be constituted in a variety of contexts, including situations in which typical behaviors may arise as a result of the negligence or eventual inaction of an individual, whereby the individual in question removes himself from the protection of the legal assets in his control, which he has assumed voluntarily, so that an omission is constituted without sufficient justification. In conclusion, the clarification of the concepts presented here will contribute to the ongoing academic and legal discourse on improper omission in Colombia. It will provide a comprehensive and nuanced understanding of its application and implications within the country's legal framework. Through rigorous and thoughtful analysis, we encourage continued exploration and debate on this complex issue, with the aim of enhancing and strengthening the administration of justice in Colombia.

Significance of Right to Constitutional Remedies of Indian Constitution in Redressing Violation of Fundamental Rights

Fundamental rights are significant for the overall development of the citizens of a country. It enables citizens to develop their best selves and personality. Indian Constitution entrusts its citizens with certain rights and has given it a formal form by enumerating rights under Chapter III (Articles 12 to 35) entitled ‘Fundamental rights’. The Constitution has expanded the meaning of these Fundamental Rights by making them subject to justiciability. Expressly, in case of violation of Fundamental Rights, the aggrieved person can move to court. By adding Article 32 (Right to Constitutional Remedies) under Part III of the Constitution, the Drafting Committee has made Fundamental Rights justiciable. Article 32 is essential to the meaning of Fundamental Rights. The Constitution under Articles 32 and 226 has designated the Supreme Court and High Court as the protector and guarantor of the Fundamental Rights. The Right to Constitutional Remedies empowers aggrieved citizens to move to court in case of infringement of their Fundamental Rights. The significance of the Right to Constitutional Remedies has been reflected in Dr. BR Ambedkar’s view who regarded the Right to Constitutional Remedies as the “Heart and Soul of the Indian Constitution”. Due to its significance, this right has been made part of the basic structure of the Constitution. This research article tries to study the background and provision of the Constitutional Remedies as incorporated in the Indian Constitution. The paper will analyze the significance of the Right to Constitutional Remedies in redressing the violation of Fundamental Rights.

The Constitutional Right to Compensation for Violation of Fundamental Rights: An Analysis of Recent Developments in India

The Constitutional Right to Compensation for Violation of Fundamental Rights: An Analysis of Recent Developments in India

CYBER INFRINGEMENTS: ANALYZING JUDICIAL AND LEGISLATIVE SAFEGUARDS FOR WOMEN'S PRIVACY RIGHTS IN INDIA

Privacy is one of the necessary requirements that cannot be arbitrarily implemented in any society. People in the same continent may understand privacy as an individual right to privacy in different ways. Appreciation of privacy at global level can be interpreted in Universal Declaration of Human Rights as a liberty right, which is an inherent part of the mankind. With that is evident that privacy violation is not limited to the physical spaces; rather, a person can be violated in all types of computer media. As dependency on internet grows and, therefore use of virtual modes, there are several considerations since people may not be prepared for new technologies I n performing everyday tasks. The matter becomes more complicated when privations are committed against the most helpless in the society. Women and sexual minorities take most of the heat of privacy violations since the society today is embedded in a patriarchal system. Women may face various other sub-violations on the internet which may be included under the title of Technology Facilitated gender-based violence (TFGV). Infringement of privacy is a violation of fundamental rights as recognized under the right to life and personal liberty but privacy violations that take place on digital platforms is not acknowledged and recognized yet. Women are vulnerable to a range of sub-violations, referred to as Technology Facilitated Gender-Based Violence while using the internet. Infringing on someone's privacy is a violation of their fundamental rights, such as the right to life and personal liberty. However, privacy violations that occur on digital platforms are yet to be fully recognized and acknowledged. It is imperative to address these issues to ensure that women are safe and secure while using digital platforms. In this paper, research examines the adequacy of current Indian legal frameworks in protecting women's privacy in digital spaces. Its purpose is to propose legal reforms that enhance the protection of women's digital privacy rights, taking into account global standards and best practices. The research objectives underscore the discrepancies between statutory provisions and their practical enforcement, offering a critical analysis of the existing legal framework and proposing enhancements to more effectively safeguard women against cybercrimes.

Die Literaturautonomie im deutschen Rechtssystem. Grenzen, Widersprüche und literaturtheoretische Potenziale

Abstract So far, the question regarding literature’s autonomy has predominantly been discussed from a poetological and historical perspective, with legal manifestations and possibilities of aesthetic autonomy usually being neglected by literary theory. However, in no other area than in (German) jurisprudence it becomes more evident that the concept of an autonomous literary practice, or more precisely the attempt to guarantee it legally, is highly challenging and therefore comes with restrictions. On the one hand, literary practice is legally regarded as a free and autonomous social subsystem. On the other hand, it can easily lead to violations of fundamental rights, meaning that the freedom of art cannot be considered unrestricted and autonomous on a closer look. In the following, the legal challenges of guaranteeing an unregulated literary practice will be discussed based on two fundamental legal rights, namely the freedom of art and copyright laws. The discussion proves to be significant for literary studies as well, as the legal tensions that are connected to the concept of literary autonomy have an influence on the practice of literature and thus also affect its theoretical reflection in literary studies and criticism. Because autonomy can mean several things, it is necessary to define the term ›autonomy‹ as used in this article first. After clarifying the concept of autonomy for the literary context, the focus lies on the legal discourse: The legal regulations in Germany regarding freedom of art and copyrights are first presented individually. Following this, the respective difficulties in guaranteeing the aforementioned legal rights are explained. A closer look will reveal that collisions are unavoidable, and that freedom of art and copyright laws sometimes even happen to be mutually exclusive. The challenges of literature’s autonomy in legal terms becomes particularly apparent by presenting the following two potential conflicts: The first conflict concerns collisions between freedom of art and a legal right of constitutionally similarly high rank, such as personal rights. The second potential conflict demonstrates why the freedom of art can hardly ever be reconciled with copyright provisions. The first case illustrates that the freedom of literary practice sometimes collides with other legal interests and can therefore be restricted, while the second one proves that a self-contradiction within the legal system exists when it comes to the notion of unrestricted autonomy. The first conflict is discussed by revisiting the decision of the German Federal Constitutional Court regarding Maxim Biller’s novel Esra in 2007. The decision, albeit highly controversial, helps to understand why legal barriers are sometimes imposed on works of literature. Additionally, the Esra case shows the legal difficulties of enforcing a ban on novels without fundamentally calling into question the freedom of art. This is also demonstrated by the votes of the dissenting judges at the Federal Constitutional Court which further illustrate the irresolvable challenge between guaranteeing not to impose any legal restrictions on the practice of art, but sometimes doing so whenever the freedom of art collides with personal rights. As a second example, the potential conflict that can arise when using the technique of literary collage or any other that involves adopting elements of existing literary or non-literary texts is discussed. Such a case is even more likely to result in a legal dilemma as there generally is a tension between freedom of art and copyright laws: although copyright laws can be subsumed under freedom of art and even serve as supportive of it, insofar as they aim at protecting the author as the intellectual owner of a work, they are not always beneficial to the freedom of art. This is best exemplified by the aesthetic technique of literary collage, for which the implementation of elements from other texts and media is characteristic and thus might easily conflict with copyright provisions. The example of literary collage demonstrates that without legal regulations some aesthetic practices might run the risk of infringing the respective copyrights as soon as an existing work of art is utilized partially for a new one. This article concludes that the notion of literary autonomy shows to be self-contradictory when discussed from a legal perspective. This observation is not irrelevant for literary theory, insofar as literary autonomy, understood as an unregulated literary practice, thwarts its promise of freedom. As this article argues, the idea of literary autonomy therefore needs revision in literary studies, not least because of its challenging legal dimension.

Crimes Against Humanity: A Human Rights Perspective

This research article explores the multifaceted concept of crimes against humanity through the lens of international human rights, examining its historical origins, legal framework, and contemporary challenges. Tracing the evolution from the aftermath of World War II to the establishment of the International Criminal Court (ICC), the paper emphasizes the human rights implications of these crimes, elucidating the violation of fundamental rights on a mass scale. By analyzing recent developments and case studies, the article underscores the imperative of a global commitment to justice, accountability, and the protection of human dignity in the face of crimes that transcend national boundaries. The research contributes to the ongoing discourse on the intersection of human rights and crimes against humanity, advocating for a holistic approach that integrates legal principles with universal values.

Education in the prison system: an analysis of the Amazonas prison system

This study investigates the effectiveness of public education policies for people deprived of their liberty in the state of Amazonas, in the context of a systemic crisis recognized by the Federal Supreme Court (STF) as an unconstitutional state of affairs. The research was motivated by the need to examine the strategies implemented to tackle the widespread violations of fundamental rights within the prison system, with a special focus on education as a means of resocialization. The central objective was to evaluate the implementation and effectiveness of public education policies aimed at inmates and former inmates, with a focus on the state education plan for the Amazonas prison system. Using documentary analysis and a literature review, as well as statistical data provided by the National Penitentiary Department (DEPEN), this study identified significant advances in the provision of educational activities, evidenced by the increase in the number of inmates engaged in educational programs. However, the research revealed important gaps, such as the lack of precise indicators for evaluating policies and the need to guarantee the quality of the education offered. It was concluded that, despite quantitative progress, qualitative and strategic improvements are needed if education in the prison system is to effectively promote the resocialization and social reintegration of individuals. Future research suggests analyzing the impact of these policies on reducing recidivism and improving the quality of life of inmates, as well as comparing educational practices between different states to identify successful models.

THE PLACE AND ROLE OF WOMEN IN THE CATHOLIC CHURCH: A STUDY BASED ON THE CODE OF CANON LAW AND THE CODE OF CANONS OF THE EASTERN CHURCHES

Although Pope John Paul II taught through his apostolic letter Ordinatio Sacerdotalis (1994) that the Catholic Church is unable to ordain women to priesthood, the Catholic Church gives a special place to women in it, and a survey of the Code of Canon Law (CIC 1983) and the Code of Canons of the Eastern Churches (CCEO 1990) shows that there is a marked improvement in the Catholic Canon Law regarding the place and role of women in the Catholic Church. Whereas the Pio-Benedictine Code (CIC 1917) did not consider men and women as having the same rights and duties in the Church, the fundamental equality of men and women is acknowledged in the canons of the new Codes. The author argues that there is no violation of fundamental rights of women in the prohibition to ordain women to priesthood. At the same time, the article highlights the clarion call the Pope Francis to have a special role for the “Feminine Genius” within the Catholic Church.

Vigilância Popular em Saúde no sul do Brasil: expressões de um território que pulsa

Throughout the country it had been identified diverse initiatives of popular protagonism in the perspective of promotion and protection of life, in search of healthy and sustainable territories. This text aims at describing the experience of a historical, dynamic and permanent process of struggle and social mobilization against the violation of fundamental rights for health and environmental sustainability in the Settlement Santa Rita de Cássia II, in Nova Santa Rita, Rio Grande do Sul, Brazil. This experience can be considered as an action of strengthening and reinvention of health surveillance by the population, therefore a Popular Health Surveillance, trespassing the fragmenting frontiers of knowledge hegemony, going through paths that prioritize and face the problems of its living territory, a territory that pulsates and struggles since its resumption.

Morals and Ethics in Counterterrorism

Political leaders, philosophers, sociologists, historians, political scientists, law scholars and economists approach terrorism in diverse ways, especially its definition. Politicians assign the meaning to the term terrorism that best suits them. Political scientists analyze the actions of those in the geopolitical framework. Moral philosophers look at terrorism from the viewpoint of fairness. Historians make a comparative assessment of the phenomenon through its evolution over time, and scholars of law simply dissect counterterrorism measures and assess their consistency with customs and current legislation. Sociologists stress the importance of culture, social relationships and social interactions. Eventually, politicians and lawmakers are not immune to the influence of the common ethics and morals of their own societies and the uses and habits of their own cultures, including religious aspects. Morals and ethics relate to “right” and “wrong” conduct; the first provides guiding principles, and the latter refers to rules provided by an external source, e.g., codes of conduct in workplaces or principles in religions. While morals are concerned with principles of right and wrong, ethics are related to right and wrong conduct of an individual in a particular situation. Ethics, morals and religion are intertwined in the antithetical principles “good and evil.” This work aims to scrutinize the crucial concept of just and unjust war, and just and unjust combatants, and to elaborate on some critical moral and ethical elements within the modern understanding of the interplay between terrorism, counterterrorism, fundamental human rights, and international humanitarian law. Through the examination of all pertinent theoretical positions the paper seeks to shed light on the limits of the use of force and the justification of the violation of fundamental rights in the War on Terror.

Possibilities and Approaches of European Court of Human Rights and Court of Justice of the European Union in Fundamental Rights Protection in the Context of Environmental Litigation

Two judicial bodies, but both without right to protect the environment established. This is also how the coexistence of the two important judicial bodies located in the European area could be briefly characterized. The European Court of Human Rights and the Court of Justice of the European Union were created for different purposes, but their jurisprudence in the area of environmental protection and the protection of people's lives and health from the negative consequences of climate change overlap more than it might seem at first sight. We find certain similarities in terms of ensuring a certain degree of protection of fundamental rights in the context of the environment. The European Court of Human Rights has a priority in terms of the protection of fundamental rights in Europe, but in the field of the environment it faces several problems. Especially when we are talking about the protection of rights for future generations, where there is no direct victim or direct violation of fundamental rights, only a very high risk of their violation. On the other hand, the Court of Justice of the European Union has a much greater assumption of effectiveness, which has the potential to change the legislation of the member states and thereby indirectly ensure the protection of people's lives and health. Recently, the activity of the European Commission has been increasing in the interest of achieving climate neutrality, and this also means greater pressure on the states in the interest of the complete and correct transposition of European regulations in the field of the environment. In case of deficiencies, the European Commission can intervene by filing a lawsuit according to Article 258 of the TFEU, and achieve the required remedy. Although, such a procedure is not primarily aimed at the protection of fundamental rights, the positive impact on their protection cannot be neglected.

Doctors’ perception on the infringement of basic rights and the collapse of essential medical services following CCTV installation in the operating rooms

Background: On September 25, 2023, the law requiring the mandatory installation and operation of closed circuit television (CCTV) in the operating room went into effect. In this study, doctors’ perceptions of the law were re-examined on September 23, 2023 (just prior to the law’s enforcement), following a survey conducted on July 21, 2021 (before the re-examination of the bill). This study aimed to confirm doctors’ perceptions of the infringement of fundamental rights of this law, the collapse of essential medical services due to the avoidance of surgery, and other concerns and priority solutions ahead of the law’s enforcement.Methods: The survey was conducted from 8 to 18 September, 2023, by the Korean Medical Association Doctor Survey; a total of 1,267 doctors responded to the survey.Results: Out of 1,267 respondents, 1,156 (91.2%) said “yes,” and 111 (8.8%) said “no” to issue concerning constitutional violations of fundamental rights–such as the freedom of medical personnel to practice their profession–and moral rights. A total of 1,149 (90.7%) respondents agreed with the concern regarding the collapse of essential medical care due to the avoidance of surgeons.Conclusion: Sufficient guidance should be provided, along with guidelines that provide explicit standards for the installation and operation of the CCTV systems, along with safety management measures. Medical disputes and the heavy legal responsibility of medical personnel are the main reasons as to why essential medical care collapses, given the avoidance of surgery. Medical disputes should be avoided in order to prevent essential medical care collapse, as the video is used as evidence for criminal sanctions.

THE ARMENIAN CONFISCATION LAW OF 2020CONSIDERING THE EUROPEAN STANDARDS

The subject of this paper is a synthetic presentation of the basic standards of the Council of Europe on the criminal measure of confiscation of property, notably its extended forms. Due to the considerable severity of this mechanism and the potential violations of fundamental rights that might result from it, extended confiscation has repeatedly been the subject of ECtHR jurisprudence. The text presents the conclusions drawn from the basic rulings of the Strasbourg Court in this regard. Against this background, the author presents the essential elements of the extended confiscation system recently adopted in Armenia. A comparison of these models leads to the conclusion that the Armenian model goes far beyond the standards of the Council of Europe, which raises doubts about its compatibility with the body of human rights, as decoded in the ECHR and articulated by the ECtHR. The author attempts to predict the possible consequences of such a confrontation.

Eradicating Boko Haram Insurgency in Nigeria through the Complementarity of the ICC

Kidnapping, hostage taking, armed robbery, and bomb and gun attacks, among other terrorist activities perpetrated in the Boko Haram insurgency, especially in the Northeastern part of Nigeria, have led to wanton loss and destruction of life and property, violations of fundamental rights, socio-economic dislocation, and fear of insecurity generally. War crimes and crimes against humanity have allegedly been committed in the insurgency. The study aims to ascertain the best approach for the International Criminal Court (ICC) to exercise complementary jurisdiction towards eradicating the Boko Haram insurgency in Nigeria. While revealing the limitations of the Nigerian domestic system and pointing out the procedural and substantive flaws of the ICC in the fulfilment of its mandate, the paper recommends proactive complementarity in effectively tackling the insurgency. It concludes by advocating for domestication, better cooperation, and collaborative strategies with the international community to eradicate the Boko Haram insurgency in Nigeria.

The problem of ensuring freedom of conscience and religion by law enforcement agencies of Scandinavian countries in modern conditions: public law aspect

The article deals with the problems of legal regulation of relations in the Scandinavian states in the field of freedom of conscience and religion. The reason for addressing this topic was the public actions on the burning of the Koran that took place in Denmark and Sweden in 2023, which demonstrated the inability of law enforcement agencies and civil society of the Nordic countries to prevent a violation of public order, as well as the violation of fundamental rights and freedoms of the individual. The object of the study was both the legislation of the Kingdoms of Denmark and Sweden regulating relations in the religious sphere, and law enforcement practice. The article is based on the latest empirical data and research results, most of which have not been translated into Russian. As a result of the analysis of the current legislation of the Scandinavian states, it was concluded that the norms of public law do not correspond to the level and nature of public relations in the religious sphere. The norms of international and European law incorporated into the national legislation of the Scandinavian countries are also ineffective. An additional obstacle is the traditions of a society that recognizes everyone's right to free expression of opinions and thoughts. In order to prevent public events in the religious sphere that are openly extremist in nature, it is necessary to modernize the relevant legislation of the Scandinavian states. At a minimum, it is necessary to expand the powers of law enforcement agencies to ban such events as threatening the national interests of the Nordic countries.

Proportionality of restrictions on the dissemination of information in the conditions of the military regime

The article analyzes the issue of proportionality of the limitation of the dissemination of information in the conditions of the military regime. The Constitution of Ukraine and international documents provide for fundamental rights that require protection. Criminal law provides such protection by providing for criminal liability for violations of fundamental rights. At the same time, the realization of some rights has peculiarities and limitations due to the conditions of the military regime. In particular, the constitutional right to freedom of thought and speech, to the free expression of one's views and beliefs (Article 34 of the Constitution of Ukraine), as well as the right to freedom of expression, provided for in Art. 10 Convention on the Protection of Rights and Fundamental Freedoms of 1950.
 Proportionality of establishing criminal liability for dissemination of information about sending, moving weapons, armaments and military supplies to Ukraine, movement, movement or placement of the Armed Forces of Ukraine or other military formations formed in accordance with the laws of Ukraine, committed in conditions of war or a state of emergency from the point of view of security.
 It has been established that the information component in war occupies a significant part, especially in the modern conditions of the information society. If the media will show false, unverified, erroneous information, it can be used as a means of manipulation. That is why information wars are so dangerous.
 Last but not least information technologies can be used both to commit criminal offenses, including those related to terrorism and war propaganda, and to combat crime. In particular, the relevant instruments were developed by European legislation. These instruments may violate some human rights, in particular Articles 10 and 8 of the Convention. It is substantiated that in the conditions of war, such concessions in freedom are an acceptable price for ensuring security.

Performing secrecy: hiding and obfuscation in Frontex’s pushbacks scandal

ABSTRACT In this paper, I investigate how non-knowledge about border violence is maintained through secrecy. I do so by focusing on Frontex's maritime pushback scandal. The first argument I develop is that secrecy takes the form of hiding and obfuscation. Hiding is straightforward. It implies that information about pushback is withheld from oversight bodies and the public to avoid criticism and disciplinary measures. Obfuscation is more complex. It refers to the production of uncertainty, ambiguity and confusion about a policy or practice. Differently from hiding, obfuscation results from the disclosure of contradictory and misleading information about pushback, as well as from attempts to confuse the public debate by raising convoluted arguments that question the very understanding of pushbacks as illegal. The second argument I develop is that transparency can be implicated in the production of secrecy. While transparency and secrecy are typically seen as binary opposites, I will explain how mechanisms implemented to render Frontex's operation more transparent have been used to hide pushbacks and obscure the Agency's responsibility for violations of fundamental rights.

유럽인권법원의 판례상 통신감청에 관한 연구

The pace of progress in digital technology is difficult to predict. At the same time, the growing threat of serious crime raises questions about the tension between “individual freedom” and “public safety” more acutely than ever. The conflict between the two is clearly revealed in the discussion of the state's surveillance of communications. The European Court of Human Rights has so far guaranteed the right to respect for privacy “offline” and the right to freedom of expression. In particular, it is noteworthy that in the ruling on May 25, 2021, the judgment was made in connection with the current situation transferred to “cyberspace”. Until recently, the judgments of the European Court of Human Rights regarding the Internet have not been so prominent. However, it is no exaggeration to say that the European Court of Human Rights is now facing new challenges due to technological advances. Data movement on the Internet transcends national borders, and data theft by government agencies is possible due to the opaque route. There is no question that the scope of surveillance is much broader and that it gives access to the core areas of privacy. The European Court of Human Rights stated that wiretapping is possible only when there is “serious suspicion against the person being monitored.” General and unrestricted surveillance violates the European Convention on Human Rights. Above all, it cannot be denied that in recent years, it is inevitable to grant wide-ranging powers to intelligence agencies to respond to threats to national security. As is well known, it would be difficult to imagine even a moment of everyday life freed from today's information and communication technology. Against the background of this digital stage, techniques that ensured encryption and anonymity, such as the dark web and telegram, appeared. Therefore, it is self-evident that finding and responding to clues in the field is virtually impossible. In line with this situation, it is necessary to legally prepare appropriate countermeasures for the security authorities. At the same time, the European Court of Human Rights emphasizes that legal and technical safeguards must be secured to prevent abuse and violation of fundamental rights. Ultimately, in order to collect information related to serious crimes or acts of terrorism in today's information and communication environment connected to the Internet of Things, corresponding regulations must be prepared. This is the principle of equality of arms. From this point of view, the general authority to collect information regulated by the Act on the Performance of Duties by Police Officers and “Regulations on Information Collection and Processing” is not only incompatible with today's digital information and communication environment, but it is difficult to avoid criticism that it is a way that is far behind in comparison. In future legislation, disclosure and non-disclosure (secret) means should be separated, and in the case of non-disclosure, stricter requirements should be set in consideration of the high degree of violation of fundamental rights.

The Representation of Class Conflict in Cinema and Violation of the Fundamental Rights: A Study in the Context of Satyajit Ray’s “Sadgati”


 
 
 This study focuses on the representation of the cast system in Satyajit Ray’s cinema (Sadgati) and the violation of Fundamental Rights. In this study, the researcher has used visual analysis (mise-en-scene) and three-dimensional critical discourse analysis to examine the text, tone and expression, and socio- cultural background of the different characters and the violation of the Fundamental Rights of a man who is suffering from untouchability and exploitation. Dr Ambedkar devoted his life to the welfare and empowerment of the marginalized class. He desired to bring equality within the social structure, where no space for discrimination on grounds of religion, race, caste, gender, and place of birth. This study attempts to identify the reflection of Ambedkar’s ideology in the film “Sadgati.”
 
 

Analysis of Custodial deaths in Western Odisha

Background: Death in custody is often associated with allegations of physical abuse by the police or jail authorities. Questions are always raised about violation of fundamental rights of a prisoner. Aims: To study different epidemiological and medico legal aspects of custodial deaths. Material And Methods: This is a öve year retrospective study based on medicolegal records of custodial deaths. Result: All the cases were male. As per manner of death 86.5% of cases were natural deaths while 13.5% of cases died due to unnatural causes. Age group of these cases were between 19 to 90 years. Maximum number of cases (29.8%) is between 51-60 years. Majority of deaths occurred in the hospital accounting for 97.29% of cases except one hanging death which occurred in police station. Majority of cases (91.9%) were in jail custody. In this study most common cause of death is chronic kidney disease which is found in 21.6% of cases. With respect to conviction status, 78.4% of cases were under trial prisoners while rest 21.6% were convicted. Conclusion: Majority of deaths occurred due to natural causes. Proper care should be taken to reduce morbidity and mortality of prisoners.