1. Introduction
Human beings are endowed with some basic rights, privileges and prerogatives which provide them with dignity and honour. These rights, privileges and prerogatives are popularly known as human rights. Human rights have also been accepted as being fundamental to dignified human life, individual growth and overall national development. Human rights thus mean the right to life, liberty, equality and dignity as guaranteed by the Indian Constitution.
The law enforcement agencies, such as police being the most important of them all, are under an obligation to protect human rights. Police are the most visible and connecting organizations of any society. So, they are the most approachable agents for the government. The main duty of the police includes: (a) Prevention of Crime, (b) Detection and Investigation of Crime, and (c) Law and Order Maintenance. Under these categories they have a vast range functions. of roles, duties and The police, in a democratic society society are expected to play the role of a benevolent defender of free people's liberties and act as a guardian of public peace and human rights. A democratic state does not envisage the police as an instrument of force and coercion which ultimately tends to violate human rights. In a country like India, the police are expected to play the role of a catalyst to social change aimed at the amelioration of the backward, exploited, poor and illiterate masses through the instruments of human rights.
2. The Concept and Classification
Every human being is entitled to certain natural rights by virtue of his being a member of human society. These rights are called human rights. The Supreme Court while interpreting Article 21 of the Constitution of India emphasized that a human being has not only a right to live but has a fundamental right to live with dignity and it is the duty of every other human being to respect that right.
There are many international treaties and declarations, which confer rights and freedoms on individuals. The Universal Declaration of Human Rights of 1948, which was adopted just after the end of the Second World War.
The Convention remains the major achievement of the Council and can be seen as a direct descendant of many other historic charters, which sought to enshrine and enforce rights and freedoms. For example,
▪️The Magna Carta 1215
▪️The Bill of Rights 1689
▪️The American Declaration of Independence 1776
▪️The French Declaration of the Rights of Man and Citizen 1789
As a founder member of United Nations Organization, India is a party to "the Universal Declaration of Human Rights, 1948". India also ratified the two international conventions on, (a) International Covenant on Civil and Political Rights and (b) International Covenant on Economic, Social and Cultural Rights. Almost all the provisions of the Universal Declarations of Rights (1948) have been incorporated as fundamental rights in the Indian Constitution listed in Articles 14 to 32. Apart from these some more very pertinent international laws like Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment 1984, United Nations Code of Conduct for Law Enforcement Officials (Adopted by General resolution 34/169 of 17 December, 1979) and The Protection of Human Rights Act, 1993 are also for the better protection of Human Rights.
2. The Concept and Classification
Every human being is entitled to certain natural rights by virtue of his being a member of human society. These rights are called human rights. The Supreme Court while interpreting Article 21 of the Constitution of India emphasized that a human being has not only a right to live but has a fundamental right to live with dignity and it is the duty of every other human being to respect that right.
There are many international treaties and declarations, which confer rights and freedoms on individuals. The Universal Declaration of Human Rights of 1948, which was adopted just after the end of the Second World War.
Unfair Investigations and Delayed Trials.
Cases of padding, fabricating and concocting evidence against innocent persons, illegal arrests, some of methods of unfair investigations and delayed trials. Not producing the accused before a magistrate within 24 hours of the arrest, unreasonable and unnecessary remands in judicial and police custody etc. are serious violations of human rights. Protection of human rights. presupposes that investigations are conducted in a fair and judicious manner and that police and prosecution agencies function without any vengeance, prejudice and preconceived notions. While questioning the accused cannot be compelled to be a witness against himself/herself (Art. 20(3) of the Constitution). Legal support or assistance need to be provided to the accused and the lawyer can be present during the interrogation if the accused desires for the same (Art. 22(1) of the Constitution). Medical examination of the arrested person should be done and the place of interrogation should be notified by the government for questioning and interrogation (Sec. 54 Cr. P.C.). Police should not take signature or thumb impression of the arrested person and witnesses on any statement without reading the statement to them during the process of interrogation (Sec. 162(1) Cr. P.C.).
(vi) Bail and not Jail
Whenever a person is arrested, detained or some restriction and restraint is imposed on his personal liberty, he has a right to be considered for bail. If it is a bailable offence, bail is a matter of right, and if the offence is of a non-bailable nature, bail becomes a matter of discretion. But the process of releasing accused on bail adopted by police is often not fair and proper. Even in bailable cases, accused are denied the right to be released on bail and in non-bailable ones.
hindrances of varied sorts are created in the way of the accused trying to obtain bail as per the due process of law.
(vii) Prevention of Crimes
Prevention of crime is one of the major obligations and duties of police. If crimes are prevented in time, the human rights of the people in general will be protected actually and factually. It is so because the commission of an offence amounts to the violation of one or the other human right of an individual. Not only that, their image will improve and the popular estimation of their performance will pass through a positive transformation.
(viii) Investigate Crime Competently:
Prevention of crime is the real protection of human rights in as much as the probable, possible and potential violations are prevented and the dignity and honour of the persons in question is preserved. Every offence, inter alia, it is violation of human rights; therefore, investigation of the crime in question done impartially, competently and scientifically works as a compensatory measures for protecting human rights. The dishonour, loss and violation of a specific human right of an individual will be compensated, if the offender is brought to book after taking recourse to the due process of law. Justice delayed is justice denied, and delay defeats equity is the principles which should guide the police functionaries in the matter. By investigating cases completely, quickly and impartially the police provide immediate relief to the aggrieved person.
(ix) Inhuman Police Behavior
(2)
Inhuman police behavior, inefficiency, corruption, ulterior motives, arrogance, undue political, administrative and social influences are some of the factors responsible for the violation of human rights by police. In order to render police conduct and behavior human, kind, compassionate and empathetic following oath should be implemented by each policeman. The role and obligation of police leaders in this context is very important. They must ensure that the prescribed patterns of human behavior are strictly followed and the defaulting members are dealt with adequately.
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