Abstract

HUMAN RIGHTS : EXERCISE OF JUDICIAL CONTROL OVER THE EXECUTION OF SENTENCE IN THE PRISONS

Dr. Seema Yadav

Volume: 5 Issue: 2 2015

Abstract:

There was no criminal law in uncivilized society. Every man was liable to be attacked on his person or property at any time by any one. The person attacked either succumbed or over-powered his opponent. “A tooth for a tooth, an eye for an eye, a life for a life” was the forerunner of criminal justice. As time advanced, the injured person agreed to accept compensation, instead of killing his adversary. Subsequently, a sliding scale of satisfying ordinary offences came into existence. Such a system gave birth to the archaic criminal law. Ensuring human rights within the framework of the criminal justice system of the criminal justice delivery system cannot be narrowly construed to mean merely the protection of the rights of the under-trails, or detainees, or convicts. In fact it can very rightly be contended that the most essential of all human rights in a criminal justice delivery system, is the right of access to courts of law. Emphasizing this crucial importance, Article 10 of the Universal Declaration of Human Rights (UDHR) provides that: “Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal and the determination of his rights and obligations and of any criminal charge against him”. The Constitution of India enshrined, in consonance with the Universal Declaration of Human Rights (UDHR) various Fundamental Rights which protects the individual interest against the State Action. The Judiciary of India also took positive steps to expand the meaning of the Fundamental Rights by interpreting these rights in liberal manner. The protection of human rights through the criminal justice delivery system is an indispensable feature of any system governed by the rule of law.

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References

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