In The Indian Constitution there are certain well-defined rights of citizens and these rights help a citizen to realise his potential and make the most of his life. Our makers of the constitution conferred rights on the citizens irrespective of caste,creed,region,linguism, religion and political ideology.In a democracy like Ours if human rights are not protected or guaranteed it amounts to a democracy in name only and not in letter and spirit. Unfortunately for reasons like abject poverty,illiteracy,unemployment and population explosion people are ignorant of their rights and are deprived of their rights by vested interests. Even hardened criminals and ones accused of heinous crimes are also entitled to rights like presumption of innocence until proven guilty, fair trial and access to a lawyer of his/her choice. India has been a signatory of several international human rights conventions. Human rights are vital for a sustainable democracy and for political stability.
A free Press, Apolitical and Independent Army, An Independent and Autonomous Judiciary and commited bureaucracy can only funcition if there human rights available to one and all. The courts have time and again Interpreted the fundamental Rights arising from the constitution in Public and National Interest. Life becomes meaningless if one is deprived of Human rights. Despite there being a categorical mention of human rights in the constitution the violation of these rights happen in every nook and corner of the country.If the government fails to take cognisance of these violations, Human rights activists, NGOs take up cudgels against the Powers that be to enforce the rights and remedy the wrong.There is also State Human Rights Commission and National Human rights commission which were formed by virtue of Human Rights Act, 1993. Human rights violation by and large is done by public servants which include bureaucrats and Police.
The Police Reforms are still on paper and not yet implemented thanks to our lackadaisical and callous Government.Mala fide arrests, Illegal detentions, malicious prosecution and false arrests have become an order of the day for cops. Third-degree torture, custodial deaths and extracting confessions by arm-twisting methods is something the Police does in quite a number of cases.The conviction rate in our criminal justice system is poor, there is no witness protection programme,inordinate delays in trials, shoddy investigation all this leads to nothing but miscarriage of justice and travesty of justice. On the other hand Criminals who are recidivists and part of crime syndicate are well connected with power brokers and wheeler dealers so cops out of frustration become trigger-happy and bump off such nefarious miscreants.Its of paramount importance for human rights activists to empathise with the police and not to demoralise them with harsh criticism without proper proof and evidence. In India the Human Rights activists and self-styled crusaders by and large sympathise with the accused, justify strikes by labour unions, oppose economic reforms like disinvestments and privatisation.
Its high time the civil society take cognisance of their rights and help the weaker and disadvantaged sections of society to cherish their rights only then we can call ourselves a matured and evolving democracy. Human Rights activists must not sympathise with maoists and naxaliites so long as they take recourse to violence, maoists can be counselled only when the shun violence and come with an open mind to a peaceful dialogue and to mend their ways. Protection of human rights is indispensable and empowerment of Police is necessary to keep vigil on crime and for enforcement of criminal laws both substantive and procedural.