This Article is written By Vanshita. J. Khatwani of 5thSemester of LLB of I.M Nanavati Law College Ahmedabad, an intern under Legal Vidhiya
ABSTRACT
Police are that Government officials that help the country to protect and manage safety and security in our day to day life. Police are the vital portion of the law system. Police are considered to protect the citizens and maintain the rights. Police Force Has the power to establish a peaceful and calm environment. If the police are capable of doing their duties properly then the citizens are reliable on them and trust them but, sometimes police misuse it’s authority and it result in breach of human rights. Their Dignity and reputation are questioned and they feel unsafe.
The police can detain any person. Sometimes they take advantage of the position and abuse the Accused person. Therefore, just like any other Individual Accused person also have some rights that are given to him.
If there arises any need for it. Human rights and police interrogation goes Hand to Hand i.e. That means if there is any disturbance in human rights then the accused is been held and police interrogation takes place. Police force is a very honoured organisation which focuses on the betterment of the society. The police authorities are answerable if safety of the citizens is jeopardised. One should keep in mind to respect the position and rights of the police officers.
Keywords: Interrogation, police, Human rights and legal society.
INTRODUCTION
Human rights are referred to rights that are been made for the protection of the citizens they are born with it they live with them throughout their life. These Rights are based one’s respect, reputation and privacy. If Human Rights are restricted by certain reasons, then there will be no satisfaction among the citizens and they will think before to adopt it daily life. The court held that some arrangements and adjustments should be made in Human Rights violations. The police have to keep in mind to control the crime as well as maintain the human rights without any harsh measures.
The police can change the course of society by taking precautions to protect the Human Rights and safeguard the legal Duties towards the citizens. The Human Rights falls under Fundamental Rights. Human Rights are protected by the police of the given area as well as the police of any other area. Because Human rights are almost same among All the Countries. It is the Duty of the Government and police to prevail justice and protection of Human Rights. Whether you are Sikh, Hindu etc Whether you are poor, rich or old All type of people has interest in Human Rights. Thus, This article gives detailed description about Human Rights and the Principles of Police Interrogation.
ALL ABOUT HUMAN RIGHTS:IT’S MEANING AND DUTIES
What are Human Rights?
Basically, they are Basic needs that every citizen has since their Birth. These rights don’t depend on any Gender, Caste or Sex they are universal to each and every citizen. Human Rights are categorised into social, economic, political and civil rights there are few examples of these rights.
- SOCIAL RIGHTS: Right to Employment, Right to Education, Right to ownership of food, property and water, Right to Equal Dignity and Better Treatment.
- POLITICAL RIGHTS: Right to Liberty, Right to Security and safety, Right to Equality, Right to a Healthy life.
- ECONOMIC RIGHTS: Right to Good working Condition, Right to fair wages, Right to Work and Right to null mental pressure at workplace.
- CIVIL RIGHTS: Right to speech, Right to stability, Right to Expression, Right to freedom any inhuman cruelty or Right to stop torture and Right to detaining punishment or unfair treatment.
Protection of Human Rights is one of important Duty of police officers but it is also the Duty of the citizens of the country to neglect the breach of any Law/Duty. There are some citizens who sometimes take personal Benefit and spoil the name and reputation of the police officials. There are few cases where this type of situation takes place. Following are the Duties that should be kept in mind by the citizens of the country for protection of Human Rights.
It is the Duty of the citizen to be aware of the rights they process and how can they protect themselves regarding any false statement against them. They are amount to respect each other’s dignity, reputation, position and their way of living. Sometimes there is Breach of Rules among citizens and they depend on police so that they will do justice to them. But they fall under the scheme called bribe which leads to rise in corruption. As a fellow citizen despite knowing that they are interested in wrongdoing or they have bad intentions and guilty mind, people prefer to keep quiet because of the fear created within them, that they will be liable for the destruction that can happen to their families. In some cases police and citizen both jointly Jeopardise the Human Rights and therefore harm other citizens. Therefore both police officers and the public in the country together should consider it as a significant duty to protect the Human Rights strictly. Protection of Human Right are reasonable for the improvement of societies and the whole country. Safeguards the Human Rights and then you will see a lot of Difference in the establishment of a peaceful Environment.
A lot of examples are presented where the cases have made a stability between principles of police interrogation and protection of Human Rights such as:
NANDINI SATPATHY .V. P.L DANI (1978) : In this case the court held that the accused person has the right to know the reason for the crime he has done(if any),also the right to appoint any lawyer for his innocence. This case focuses on Human rights every citizen has while police interrogation like fair treatment and no inhuman abuse or cruelty without any need.
SHEELA BARSE.V. STATE OF MAHARASHTRA(1983): In this case the court described that it is only fair to arrest and detain any woman while interrogation in the presence of female officer. The case emphasis on gender-sensitive matters and took care that there should not be any unfair treatment against women. The Rights regarding woman should also be kept in mind regarding the behaviour, law and the methods.
PRINCIPLES OF POLICE INTERROGATION AND PROTECTION OF HUMAN RIGHTS:
1.BRAZENNESS OF INNOCENCE:
The police should keep in mind that the person who is accused is not proven guilty. The innocence is still applicable and it should be taken as a possibility. The police should not announce him/her already guilty without giving them a chance to prove their innocence. The police should respect the right of the individual and should keep their dignity and protection. It is basic legal principle as it is said Ten Guilty people can be free but an innocent person shouldn’t be punished for the crime he has even not committed. Human Rights are meant to protect the people i.e., their innocence and their time. The most important concept is to beware that you don’t treat an innocent person with the crime he doesn’t have any knowledge about.
2.RiGHT TO RAISE VOICE AGAINST ANY CRUELTY OR ABUSE:
What is point of police if they cannot protect the citizens from any abuse, torture or even molestation. Mistreatment and Abuse should be strictly prohibited during police interrogation. Abuse and Torture such as physical and mental pressure both Threats, violence, Beating the accused person and mentally torturing them via provoking them or messing with their minds through some tactics should be done carefully. During police interrogation the main importance should be given to truth and on rescuing any innocent person that has caught wrongly or by chance he was because he was put in that situation intentionally.
3.RIGHT TO HIRE ANY LEGAL CONSULTANT:
The accused person has the right to hire a lawyer or a legal Consultant who can defendant any unworthy comments against them and prove his/her innocence in front of the Police and court. During interrogation the basic point is to rescue themselves with the legal power through the lawyer so that there is no breach of law and power by the accused person and he is permitted a legal Consultant. A fair opportunity should be given to them under Human Rights system which can be considered as equality of Rights.
4.RIGHT TO REMAIN SILENT:
The accused person can talk or remain silent until he/she don’t be Comfortable to share the feelings of whatever the truth is with the Police. The accused person shouldn’t be pressured or any harsh Treatment should be restricted to make them write or do any false confessions. yes it can be said that if he is silent then doubt on the accused person will increase. but still the right says that he is allowed to remain silent till the time he/she wants. The right to remain silent comes under article 20(3) of the Indian Constitution. This article is made to protect the accused and innocent person.
5.RIGHTS TO BE INFORMED FOR THE CRIME:
The person who is accused should be informed and detailed Description should be given to them about the crime. The police is answerable to all the questions he has made for the arrest of the suspect. It is the right of the accused person to stand for themselves and ask for why he/she has been interrogated why there is a question regarding his innocence. They should be informed about these rights that ensure that they have the knowledge about their Well-being and how to protect themselves from any unwanted Allegations.
6.RIGHT TO NON-INVASIVE INTERROGATION TECHNIQUES:
The police Interrogation shouldn’t be against Human Rights i.e., Non-invasive techniques such as threat, abuse, cruelty and Mental Torture should be attempted only if needed. Sometimes There are chances that innocent persons are held liable for the Crime so any kind of torture or pressure can ruin their minds Easily which in return ends up giving their life. So, During Interrogation the accused person should be treated as a human Being before treating him as a criminal. No Tactics should be Played that makes the accused lose their mind.
7.RIGHT TO PRIVACY:
The accused person’s identity and other personal details Related to their family should be kept confidential unless there is a Reason to Disclose it. Everyone deserves a private life where there Is no interference from the Government or any other Individuals. Under section 21, falls under right to privacy, the Right to live alone, Right to any unwanted publicity and the Right to make a peaceful And full of respect life. The right to privacy is a vital Right in Today’s Generation everyone has a wide range of personal data, Detailed Information, Legal official records and personal reports Should be protected.
8.RIGHT TO NO DISCRIMINATION:
During police interrogation, individuals should not be Discriminated Based on any Gender, Race, profession and Religion. Fair Treatment and Opportunity should be given to every person under the Human Rights. Everyone Deserves to live a carefree life with full benefits And Equality from the government. There are some other factors Where Discrimination is held such as in marital status, nationality and Birthplace. The right to No Discrimination may have both Negative and Positive aspects as some people will not agree And support the decisions made regarding equality. The scope Non-discrimination is widespread and should be prohibited soon.
9.KNOWLEDGE ABOUT NEW TRAINING AND RULES:
The police should be trained in new things and the way Human Rights principles and practices take place in a new generation. This makes sure that they can provide interrogations that respect Human Rights. It is the training on How to Develop the Police. According to the government and the high superior commissioners And superior officers modern preparation is held which is known as the “Training of the Trainers” Human Rights always have a significant impact. This training is held by the justice Mishra said every profession needs to be developed and adapt new Skills. Police play a major role in law & justice there is always Pressure on them so they need to learn and train more and maintain security in the societies.
CONCLUSION
Police interrogation and Human rights are linked to each other. Human Rights not only make sure that the citizens will be treated with equality but also that their Dignity, privacy and Reputation will be protected. During Police interrogation several principles are followed. citizens can trust the police and can expect justice from them. By following these rules and rights it will not only improve the living standard and their privacy will also be maintained. Special Training is given to the officers so that they easily learn about the valuable changes that the new generation has brought into life. The Human Rights protects the freedom, speech, expression and unwanted interference in life. While interrogating no amount of cruelty, violence, unwanted torture and abuse is allowed because the accused person also has the rights before he is proven guilty.
REFERENCES:
1)https://legalthirst.com/the-principle-of-police-interrogation-and-human-rights/
2)https://blog.ipleaders.in/vision-regard-police-interrogation-study-special-reference-human-rights/
3)https://lawtimesjournal.in/the-principles-of-police-interrogation-and-the-human-rights/
