Criminal Justice System And Human Rights In India
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Author | : South Asia Human Rights Documentation Centre |
Publisher | : Oxford University Press, USA |
Total Pages | : 0 |
Release | : 2007 |
Genre | : Civil rights |
ISBN | : 9780195690507 |
This handbook is a practical, up-to-date, and reader friendly guide to the Indian criminal justice system, particularly in the context of human rights. It provides an overview of the Criminal Procedure Code, a lengthy and complex piece of legislation, which contains safeguards for civil and political rights. This substantially revised second edition explains the changes brought about by the Code of Criminal Procedure (Amendment) Act, 2005 in various provisions, including those relating tobail, plea bargaining, and the functioning of the police. It also discusses the recent Supreme Court judgement on police reforms and the right to compensation. Retaining the structure and organization of the original work, the handbook lucidly explains the provisions and rules that the police and courts must follow while dealing with crime - from complaint to trial to sentencing. It sets out the hierarchical framework of the police and the judiciary and their functions in the criminal justice system. The volume has been authored by a team at the South Asia Human Rights Documentation Centre (SAHRDC), which is engaged in the documentation of human rights laws and developments in the region. It draws attention to the implications of errors and omissions that can occur during the investigation and trial process. The handbook underscores the remedies found within the Code and in the Indian Constitution. It also highlights cases that have established important rules and guidelines relatingto the implementation of the Code in accordance with the provisions of the constitution.
Author | : |
Publisher | : |
Total Pages | : 72 |
Release | : 2007 |
Genre | : Criminal procedure |
ISBN | : 9788190441155 |
Author | : B. Uma Devi |
Publisher | : Oxford University Press |
Total Pages | : 551 |
Release | : 2012-02-24 |
Genre | : Law |
ISBN | : 0199088632 |
A just, fair, reasonable, and purposeful exercise of arrest and detention powers by the State is both in the interest of the individual and the society at large. However, very often individual rights are impinged by arbitrary and illegal exercise of State power to arrest and detain. The book studies issues pertaining to arrest and detention, comprehensively, critically, and analytically, in the light of the Indian Constitution. It points out that the arrest and detention provisions in the legal system of India, by and large, have remained the same as inherited from the imperial British era. Despite constitutional prescriptions and judicial pronouncements over several decades, there has been no noteworthy change that would bring the law in tune with the constitutional emphasis on right to life and personal liberty as well as other human rights. To capture the complexity of the issue, the volume analyses constitutional provisions, statutory law, pertinent judgments, case law, reports of various committees, and recommendations of experts in the field. Exploring lacunae in the present legal scenario, the book stresses on the need for organizational and attitudinal changes in the State instrumentalities for successfully balancing the need to maintain law and order and human rights imperatives. Emphasizing that it is the poor who often suffer the most, the author further advocates inclusion of the developments in the field of jurisprudence, behavioural sciences, technology, and management to deal with crime and criminality.
Author | : Najibul Hasan Khan |
Publisher | : |
Total Pages | : 126 |
Release | : 2016 |
Genre | : Criminal justice, Administration of |
ISBN | : 9789381234457 |
Author | : Sankar Sen |
Publisher | : Concept Publishing Company |
Total Pages | : 120 |
Release | : 2002 |
Genre | : Civil rights |
ISBN | : 9788170229797 |
Author | : Sankar Sen |
Publisher | : Gyan Publishing House |
Total Pages | : 320 |
Release | : 2010 |
Genre | : Human rights |
ISBN | : 9788121210874 |
Author | : R. Thilagaraj |
Publisher | : Springer |
Total Pages | : 202 |
Release | : 2017-07-04 |
Genre | : Social Science |
ISBN | : 3319476599 |
This book systematically introduces the practice of restorative justice in India, as a resource for comparative criminal justice research. “Restorative justice” focuses on the rehabilitation of offenders through reconciliation with victims, and with the community at large. It has gained momentum as a justice reform movement in Western countries within the past three decades, and it is estimated that up to one hundred countries worldwide utilize restorative justice practices. Within Western countries, it is seen largely a response or alternative to the perceived deficiencies of the existing criminal justice system. India has a rich tradition of restorative justice, and this work introduces both the traditional basis and contemporary practices of this justice system in India, in a comprehensive and systematic way. The contributions to this work cover three main areas: I. The Tradition of Restorative Justice in India II. The Development of Restorative Justice in India III. Restorative Justice Practices in India The third part – “Practices” covers special topics: including Restorative Justice and the Court, Restorative Justice and Incarceration, Restorative Justice and Juveniles, and Restorative Justice and Woman. The book covers the full range of the issues of restorative justice in India and will be a highly valuable resource book for researchers and upper level graduate students interested in alternative justice models in general, comparative criminology, and criminal justice in India specifically. “A landmark volume in the history of restorative justice and criminology in India. Many outstanding scholars in this collection outline the Indian experience of restorative justice from which the world has much to learn.” John Braithwaite Australian National University
Author | : C. Raj Kumar |
Publisher | : OUP India |
Total Pages | : 578 |
Release | : 2010-10-21 |
Genre | : Law |
ISBN | : 0198068867 |
The nineteen essays by distinguished scholars explore the inter-relationship between the Constitution, human rights, the directive principles of state policy, and the role of the Supreme Court in India. This edition includes a prolegomenon by Justice V.R. Krishna Iyer.
Author | : Alice M. Miller |
Publisher | : Pennsylvania Studies in Human |
Total Pages | : 360 |
Release | : 2019 |
Genre | : Law |
ISBN | : 0812251083 |
Beyond Virtue and Vice examines human rights practices that bring crimninal law to bear on sexuality, gender, and reproduction and seek to articulate if, when, and under what conditions, recourse to criminal law is compatible with human rights in matters of gender expression and equality, sexuality, and reproductive health and justice.
Author | : A.G. Noorani |
Publisher | : Oxford University Press |
Total Pages | : 216 |
Release | : 2011-10-13 |
Genre | : Law |
ISBN | : 0199088578 |
The civil rights of Indian citizens are guaranteed both in the Indian Constitution and through the State's international commitments. Despite these guarantees, the civil rights framework encounters numerous challenges from the State—problematic counter-terrorism laws, continuation of the death penalty, misuse of arrest and preventive detention powers, lack of implementation, and impunity. Through nine incisive essays on both traditional and emerging issues, this volume examines the prevailing imbalance between individual rights and State power. Many laws designed to protect the State do little more than protect State power at the expense of her citizens, directly flouting the Constitution, international law, and democratic principles. The authors critically analyse most of these laws, examining their justifications, background debates, and evolution, along with how they violate constitutional and international law. Taking into account relevant and contemporary comparative case law and developments in international law, this book makes a strong case for bold legal reforms and suggests various measures for improvement.