Human Rights And Police Interrogation

Coverage of this Article

Key Takeaways

-Concept of human rights in India and its recognition worldwide and the principles of a police investigation - that are mandatory to be followed.

Introduction

-Human rights are the basic rights that every person is born with, and is entitled to throughout his life irrespective of his place of birth, belief, etc. 

Human Rights

Our Indian Constitution provides certain human rights in the name of Fundamental Rights which are, Right to Equality (Articles 14-18), the Right to Freedom (Articles 19-22), the Right against Exploitation (Articles 23-24), the Right to Freedom of Religion (Articles 25-28), Cultural and Educational Rights (29-30), and Right to Constitutional Remedies (Articles 32).

Police Investigation and Human Rights

-Police interrogation is a process in which the police can investigate or question the accused when he is brought into police custody. However, during the interrogation, the police sometimes exceed their powers and use unnecessary force against the accused that in turn violates his human rights.

Human Rights Violations During A Police Investigation In India

-It has been found that when the police did not follow the proper arrest procedures,which include documenting the arrest, notifying family members, conducting medical examinations, producing the suspect before a magistrate within 24 hours, etc.

Several landmark judgments decided the fate of Human Rights in India against the police personnel.

MP SHARMA v. SATISH CHANDRA [AIR 1954 1 SCR 1077]

-In this case, following an FIR, the District Magistrate issued warrants and searches against the Dalmia group. Consequently, in a Writ Petition before the Hon’ble Supreme Court, the validity of the searches was challenged because they violated their Fundamental Rights under Articles 19(1)(f) and 20(3). 

KHARAK SINGH v. STATE OF UTTAR PRADESH [AIR 1963 SC 1295]

-In this case, the right to privacy was invoked in order to challenge the surveillance of an accused person by the police. Kharak Singh, who was arrested for dacoity but was later released due to a lack of evidence, was subsequently brought under surveillance by the Uttar Pradesh Police, under Chapter XX of the Uttar Pradesh Police Regulations. As a result, Kharak Singh challenged the constitutional validity of Chapter XX and the powers it conferred upon police officials, as it violated his fundamental rights under Articles 19(1)(d) (Right to freedom of movement) and 21 (Right to life and personal liberty). 

BUDDHADEV KARMASKAR v. STATE OF WEST BENGAL AND Ors. [CRIMINAL APPEAL NO. 135 OF 2010]

-In this case, the Hon’ble Supreme Court ruled that the sex workers are entitled to all basic human rights and other rights as are guaranteed in the Indian Constitution and the police should not abuse the ones who are engaged in sex work either verbally or physically.

JOGINDER SINGH V. STATE OF UP [(1994) 4 SCC 280]

-In this case,the Hon’ble Supreme Court laid down certain guidelines like an accused person held in custody has the right to have a friend, relative, or another person; who is familiar with him or likely to be concerned about his welfare informed of his arrest and where he is being held, as far as possible.The officer, after bringing a person to the police station must inform him of his rights.

MRS. PARAMJIT KAUR v. STATE OF PUNJAB AND Ors. [1995]

-The Hon’ble Punjab & Haryana High Court in the year 2007, upheld five convictions of Patiala Court, sentencing them to life imprisonment, the sixth official was however acquitted. Jaswanth Singh Khalrainitiated a battle against the disappearance of thousands of Sikh youths who later used to be found killed in fake encounters during the militancy.In such a war, he became the victim himself of one such forced disappearance and was killed by the Punjab Police.He was kidnapped by the Punjab Police personnel and was killed on October 27, 1995.His body was found disposed of in Harike Canal. 

Conclusion

-The abuse of powers by the police reflects the failure of the Indian Government, both Central and State, to implement the accountability mechanisms in the police department.