Human rights, Law and Criminals

Author: Komal Thakur, Himachal Pradesh University, Shimla

Is this acceptable to give Human rights and freedoms to a criminal? The HUMAN RIGHTS are inalienable rights given to all individuals irrespective of their caste, class, sex, creed, religion, nationality ... .even though criminality?  Human rights are in connection with human dignity irrespective of the fact that the individual belongs to any category, nationality, sex and so on. Therefore, the issue comes to the fore whether these human rights given to a criminal is a violation of the dignity of the aggrieved/victim or not? When a criminal commits a crime they disregard the dignity of the victim. All sense of humanity is extinguished within them. Their moral compass is completely destroyed therefore they commit a crime and they don’t even feel remorse for it. But criminals exploit human rights for their selfish gains. The misuse of human rights by criminals undermines the justice system. Needless to say, human rights are often manipulated by criminals to evade responsibility. Human rights are frequently used as a pretext by criminals to justify their wrongdoing. Therefore, the manipulation of human rights by criminals comprises the integrity of the justice system. Furthermore, the abuse of human rights by criminals has severe consequences for society. Human rights are also enshrined in the Indian constitution and have both national and international importance.  Human rights are universal and irrevocable i.e. it should not be seized by any power or authority. Section 2(1)(d) of Human Right Act 1993, defines “Human rights as the right which are relating to life  liberty, equality and dignity of an individual guaranteed by the  constitution or embodied in the international covenants and enforceable by courts in India.”

Keywords: The Forgotten Victim, Human Rights and Criminal Justice System, Human rights, Criminality, Dignity, Victim, Indian Constitution. 

Human rights transcend territorial boundaries playing a vital role internationally. As is evident, as a member of the United nation, India is obligated to uphold human rights even for criminals. As a signatory to international human rights treaties, India has a duty to respect and protect human rights.  After the adoption of the Universal Declaration of Human Rights in 1948, it was generally acknowledged that human rights are a matter of domestic jurisdiction as well as international concern. In 1993, the separate Protection of Human Rights Act 1993 came into existence. The efforts to regulate human rights at international level gained momentum after the establishment of the United Nation. Human rights are woven into the UN charter like a golden thread. But upholding human rights for all including criminals is crucial for maintaining the rule of law and promoting human dignity.                                                                                                  

From the victim's perspective, it raises the question of where equality and balance lie when we provide human rights to criminals. The victim has endured immense suffering, which the criminal cannot comprehend due to the protection afforded by human rights. This perpetuates inequality and injustice, where the criminal's rights take precedence over the victim's rights. The application of human rights principles in case of rape and terrorism in India potentially leads to impurity for perpetrators, undermining the delivery of justice to victims.  

A significant segment of society strongly believes that human rights principles should not be used to justify impurity for perpetrators of heinous crime like rape and terrorism. Therefore, these rights should not come at the expense of justice and accountability for victims. In India, where rape and terrorism are rampant, it’s essential that we prioritize the rights and needs of the victims. This includes ensuring that perpetrators are held accountable, and that victims receive the justice and reparation they deserve. It’s outrageous that human rights are being used to protect perpetrator of rape and terrorism, while victims are left to suffer without justice or accountability.

Here are some examples and data points that highlight the complexities of human rights protections for criminals, terrorists, and rapists:

International Examples:

1. Anders Behring Breivik: Anders Breivik, who killed eight people with a auto lemon in Oslo and shot dead 69 people at a summer youth camp, says his conditions transgress his mortal rights. In February 2024, Breivik lost an action brought against the Norwegian state in which he argued that his extended insulation was a violation of the European Convention on Human Rights, which prohibits" inhuman" and" degrading" treatment. He said he killed his victims because they embraced multiculturalism. Multiculturalism is defined as the acceptance of different societies in a society and the active support of these artistic differences by both the maturity and nonage group members. It encompasses demographics, programs, and stations related to artistic diversity within a society.

2. Chelsea Manning  The US Army whistleblower was condemned for spying and doomed 35 times in captivity. Still, her mortal rights were defended during her imprisonment, and she was allowed to suffer gender transition surgery while in captivity. 3. Boko Haram zealots  In Nigeria, some Boko Haram zealots have been arrested and tried for their crimes. Still, mortal rights groups have raised enterprises about the treatment of these zealots in detention, citing allegations of torture and mistreatment.. 

Indian Examples: 1. Ajmal Kasab : The Pakistani terrorist who was involved in the 2008 Mumbai attacks was given a fair trial and allowed to appeal his death judgment . His mortal rights were defended during his trial and imprisonment. 2. Nirbhaya case :  In 2012, a youthful woman was severely gang- ravished and boggled in Delhi. The perpetrators were arrested, tried, and doomed to death. Still, mortal rights groups raised enterprises about the use of capital discipline and the eventuality for deliveries of justice. 3. Kulbhushan Jadhav case : The Indian public was arrested in Pakistan on spying charges and doomed to death. India has raised enterprises about Jadhav's treatment in detention and the fairness of his trial, citing mortal rights enterprises. As we are apprehensive, victims are suffering due to the mortal rights extended to culprits. Now, it's pivotal for us to overcome this challenge. We need to explore ways to strike a balance, icing victims do not suffer, their quality remains complete, and their rights are prioritized over those of culprits in the environment of mortal rights. Basically, we must guarantee that victims' rights are upheld and admired, relieving those of culprits.

1. Victim- Centric Approach : The justice system should prioritize the rights and requirements of victims. 2. Balanced Interpretation of Human Rights : When interpreting mortal rights, there should be a balance between the rights of victims and the rights of culprits. 3. Perfecting the Justice System :  Laws should be legislated to cover victims' rights, and their perpetration should be assured. 4. Mindfulness and Education : People should be made apprehensive of mortal rights and victims' rights, and educated on how to exercise their rights. 5. Victim Support Services : Support services similar as comforting, medical backing, and legal aid should be handed to victims. 6. Establish Victim Compensation finances : Governments can establish finances to give fiscal compensation to victims of crime. 7. Give Training for Law Enforcement : Law enforcement officers should admit training on victims' rights and how to interact with victims sensitively.8. Produce Victim Support Hotlines : Hotlines can be established to give immediate support and guidance to victims. 9. Develop Restorative Justice Programs : Programs can be developed to bring together victims, malefactors, and community members to promote mending and restitution. 10. Examiner and estimate Progress : Governments and associations should cover and estimate their progress in guarding victims' rights and furnishing support services. By enforcing these results, we can cover victims' rights while striking a balance with mortal rights.

The Indian Constitution and laws give vittles related to victims' rights and balancing them with mortal rights of culprits. Then are a many exemplifications indigenous vittles’ are as follows:1. Article 14  Ensures equivalency before the law and equal protection of the laws within the home of India.2. Article 21  Protects the right to life and particular liberty, which includes the right to quality and fair treatment.

• Legal vittles1. The Code of Criminal Procedure, 1973 : Sections 24( 8) and 357 give for the rights of victims, including the right to be heard during the trial and the right to compensation.2. The Protection of Victims of Crime and substantiations Act, 2018 : points to give protection and support to victims and substantiations, including measures for their safety and quality.3. The Indian Penal Code, 1860 : Sections 166 and 167 give for the discipline of public retainers who fail to cover the rights of victims.

• Judicial Pronouncements1. Bachan Singh v. State of Punjab (1980) : The Supreme Court held that the right to life and particular liberty under Composition 21 includes the right to quality and fair treatment.2. Smt. Triveniben v. State of Gujarat (1989) : The Supreme Court held that the victim's right to be heard during the trial is an essential part of the fair trial process.

These vital and judicial pronouncements demonstrate India's commitment to balancing victims' rights with mortal rights of culprits. But numerous people forcefully believe that the being laws are inadequate, as they continue to marginalize victims and are frequently misused. There's a pressing need for new approaches to address these failings and help further exploitation. Then are some implicit results to address the imbalance between mortal rights protections for culprits and the rights of victims.

• Legal Reforms1. Amend laws : Review and amend laws to ensure that victims' rights are inversely defended and prioritized.2. Victims' rights legislation : legislate specific legislation that safeguards victims' rights, similar as the right to compensation, reparation, and protection.

• Institutional Reforms1. Establish victim support services : Give accessible support services for victims, including comforting, medical backing, and legal aid.2. Train law enforcement and bar : Educate law enforcement officers and bar on victims' rights and the significance of balancing mortal rights protections.

• Restorative Justice Approaches1. Restorative justice programs : Utensil programs that bring together victims, malefactors, and community members to promote mending, responsibility, and restitution.2. Victim- lawbreaker agreement : Grease agreement between victims and malefactors to promote understanding, reason, and restitution.

• International Cooperation1. International norms : Develop and apply transnational norms for guarding victims' rights, similar as the UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power.2. Global stylish practices : Share and borrow global stylish practices in guarding victims' rights and promoting restorative justice.

• Mindfulness and Education1. Public mindfulness juggernauts : Launch public mindfulness juggernauts to educate citizens about victims' rights and the significance of balancing mortal rights protections.2. Education and training : Give education and training for professionals, similar as law enforcement officers, judges, and social workers, on victims' rights and restorative justice approaches.

By enforcing these results, we can work towards creating a more balanced and just system that protects both mortal rights and victims' rights. Then it is a nuanced perspective.

1. Essential quality : Every mortal being, anyhow of their conduct, possesses essential quality and worth. Mortal rights are essential to feting and esteeming this quality.

2. Rehabilitation : furnishing mortal rights to culprits can grease their recuperation and reintegration into society. This can lead to reduced recidivism rates and bettered community safety.

3. Protection from abuse : mortal rights protections can help abuse, torture, and other forms of mistreatment, which can do when individualities are deprived of their rights.

Arguments against furnishing Human Rights to culprits

1. Justice and responsibility : Providing mortal rights to lawbreakers or criminals may be seen as undermining justice and responsibility. Victims and their families may feel that the miscreant's rights are being prioritized over their own. because human rights are misused by criminals.

2. Public safety :  In some cases, providing mortal rights to any lawbreakers or criminals may compromise public safety. For illustration, releasing a dangerous offender back into the community may put others at trouble. it may be the chances they again commit the crimes.

3. Moral and ethical considerations *: Some argue that furnishing mortal rights to lawbreakers or criminals may be innocently and immorally questionable, particularly in cases where the crime was heinous or annihilation.

1. Balance and proportionality : The key is to strike a balance between furnishing mortal rights to culprits and icing justice, responsibility, and public safety. This requires careful consideration of the specific circumstances and environment.

2. Discerned approaches : Different crimes and malefactors may bear different approaches. For illustration, on-violent malefactors may be eligible for recuperation programs, while violent malefactors may bear more strict measures.

3. Victim- Centered approaches : It's essential to prioritize victims' rights and requirements, while also icing that culprits are treated humanely and in agreement with transnational mortal rights norms.

 We have bandied the issue of balancing mortal rights of culprits with the rights and quality of victims. There are expressed enterprises that the current laws and system frequently fail to prioritize victims' requirements, leading to further suffering and marginalization. It emphasizes the need for new approaches and styles to address these shortcomings and help the abuse of mortal rights protections for lawbreakers. This composition has stressed the significance of1. Prioritizing victims' rights and quality2. Icing fair treatment and justice for victims3. preventing the abuse of mortal rights protections for lawbreakers4. Exploring new approaches to balance mortal rights with victims' conditions5. Furnishing respectable support and compensation to victims6. Icing that victims' voices are heard throughout the justice process7. Addressing the root causes of crime to help further victimization8. Fostering a culture of empathy and understanding for victims9. Encouraging policymakers and lawgivers to prioritize victims' rights10. Continuously covering and assessing the effectiveness of justice systems in guarding victims' rights. Overall, the content underscores the need for a further nuanced and victim- centric approach to justice, one that balances mortal rights protections with the need to prioritize victims' quality and well- being.

References / Bibliography:

1. Dr.SK Kapoor, Human rights under International law and Indian law 2-15 (Central law agency 2017).

2. Dr.SK Kapoor, Human rights under International law and Indian law 40-78 (22nd ed. 2022).

3. Smt. Triveniben v. State of Gujarat, AIR 1989 SC 1335.

4. Bachan Singh v. State of Punjab, (1982)3SCC24.

5. INDIA CONST. art. 14 & 21.

6. Indian Penal code § 166 & 167 (1860).

7. Criminal procedure code § 24( 8) and 357 (1973).

8. The Protection of Victims of Crime and substantiations Act, (2018).

9. Oxford University Press , Chapter 384857258  (2020) , https://academic.oup.com/book/44930/chapter/384857258

10. Mattia Pinto , Awakening the Leviathan through human rights law-How Human Rights Bodies Trigger the Application of Criminal Law , Utrecht Journal of International and European Law , Vol.36 , No.1 , 462(2020) , https://utrechtjournal.org/articles/10.5334/ujiel.462