Human Rights of accused under criminal justice system

Of late, it has become a fashion to talk of rights, rights and only rights by

every strata of human thinking. But there is a need to peruse much deep into and

beyond the labyrinth of rights. Therefore, in a welter of rights, the rights of an

accused form a kernel of entire human rights discourse at the infancial beginning of

21st century. Rights of the accused and transgression thereof are pervading all the

geo-political entity jurisdiction ever since the inception of human habitation on this

beautiful planet. No doubt there have been certain jurisdictions wherein the rights of

accused have been preserved, promoted and protected. All the revealed regimes and

divine discourses have been utopian, unanimous and united on the basic rights of an

accused. As early as in 1215, Magna Carta under Section 37 had provided a brolly of

protection of an accused regarding his rights and against any arbitrary arrest,

detention and confinement contrary to the procedure established by law.

The expression 'Human Rights' denotes all those rights, which are inherent

in our nature without which we cannot live as human beings. Among all species of

human rights, right to life receives precedence and is a sine qua non for the

enjoyment of other rights - which only supplements and extends the complete

meaning and content to the right to life. In the event of any invasion to this right,

other rights-which are subsidiary to this right becomes meaningless, since the

entire edifice of human rights jurisprudence is raised on the bedrock of right to

life.

Human rights are neither privileges nor gifts given at the whim of a ruler

or a government. Neither can they be taken away by any arbitrary power. They

cannot be denied nor can they be forfeited because an individual has committed

an offence or broken any law. If we look at the concept of human rights from the

Indian point of view we find that the concept of human rights is not alien to the

Indian Political thinkers and philosophers. They have expressed concern to secure

human rights and fundamental freedoms for all human beings everywhere since

the very early times of Vedic age. The Indian philosophy characterizes the

foundation of Human rights in ancient conception of Dharma and Danda which

regulated the governance of State and its citizens.