This Article is written by Shaista Waseem, a third-year BA.LL.B. (Hons) student at the Unity degree and law college Lucknow, Intern under Legal Vidhya
ABSTRACT
The police are perhaps the most important body of Indian infrastructure. Police are best to go in time of need. The model also continues the vital role of the police in maintaining peace and order in the country. All these powers are embedded in the Police Force, which sometimes supports the abuse of these powers and leads to human rights violations.
In this article, we will talk about the principles of police interrogation and how disregards human rights, but before moving on to other topics, let’s learn what officer means. The principle of interrogation by the police and human rights is one of the most important issues that measure the freedom and independence of people with the duties assigned to them on the one hand and the rights and duties of the police when questioning others.
KEYWORDS: Interrogation, Police, Human Rights.
INTRODUCTION
Human rights are the basic right that an individual obtains when he or she is born. These are the basic rights that every human being is born with and has these rights throughout his life. Although these rights are always limited by some reasonable restrictions, they can never be revoked by the state. These rights are based on fundamental values such as dignity, equality, and freedom. However, the existence of human rights is not sufficient if it is supported by appropriate and strict laws. The Supreme Court of India has heard that the time has come to hear cases and make important decisions regarding human rights violations.
The police are one of the most important institutions in Indian society. Police are a very important organization not only in Indian society but also in the world society. The police enforce and maintain the law and order in the society and have the power to arrest anyone who violates this law and order. The police have the power to arrest the suspect. All these powers given to the police sometimes lead to abuse, which in turn leads to human rights violations.
ORIGIN OF HUMAN RIGHTS
Human rights are the birthright of every human being. These rules were not followed as we see them today. The origins of human rights can be traced back to 539 BC when Cyrus the Great’s army conquered Babylon, but Cyrus dismissed them and created equality by declaring that everyone had the right to choose their religion. These and similar principles are written on the Cyrus cylinder (baked clay), which inspired the first four principles of the Universal Declaration of Human Rights.
Another important event in the history of human rights is the enactment of the Magna Carta as the original concept of “law” in 1215. It means the rights and freedoms of all people and protection from imprisonment and imprisonment.
MEANING OF HUMAN RIGHTS
Human rights are the fundamental rights of all people throughout their lives; It doesn’t matter where they were born, what they believe, or how they live. These rights are inalienable rights recognized as a result of modern civilization and cannot be abolished by the state, although sometimes restricted by the state. These rights are based on values such as dignity, equality, respect, and freedom. These rights are determined by law and protected by law enforcement.
Human rights, as the word itself suggests, are rights granted only to humans. These rights are inherent in nature and provide important protections for all people. After the adoption of the Universal Declaration of Human Rights, the United Nations continued to emphasize these rights. All people have an interest in these rights, regardless of race, community, color, caste, or opinion. The ICCPR (International Covenant on Civil and Political Rights) also provides for the determination of guilt until proven guilty in accordance with Article 14(2).
HUMAN RIGHTS UNDER THE CONSTITUTION
Our Indian Constitution provides certain human rights as 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
- The Right to Constitutional Remedies (Articles 32).
The Universal Declaration of Human Rights (UDHR), similar to our Constitution, includes fundamental human rights such as the birth of all human beings free and equal in dignity and rights. They should treat each other as brothers with reason and conscience (Article 1), everyone has the right to life, liberty, and security of person (Article 3), no one will be harmed or harmed, and no injustice will be done. or criminal treatment or punishment (Article 5), no one may be arrested, imprisoned, or deported (9), and anyone charged with a crime has the right to be presumed free of charge until proven guilty and brought before a public trial, according to law., received all the guarantees necessary for his defense (clause 11, paragraph 1), etc. Thus, human rights have been greatly expanded not only at the national level but also internationally.
MEANING OF POLICE
There is no statute to define the word police in India. Neither The Code of Criminal Procedure nor the Police Act of 1881, nor any other decisions of court make the meaning clear of the term. But Police Act reviews the creation and organization of the police force in the state. According to the definition of Black Law, “police” signifies an administrative office that is accused of the conservation of public request, public security, and recognition and control of crimes. Basically, a person or group that has powers such as peace enforcement and law enforcement, and crime prevention in the state can be appointed as a police officer. The concept of the police as a cooperative organization was developed in England in the 1800s with the establishment of London’s first city police force by Sir Robert Peel. Prior to this, the police were a deliberate person, used by people deliberately to guard the streets.
RELATION BETWEEN POLICE AND HUMAN RIGHT
The police are a group of people authorized by the state to maintain law and order in the country. Police work for the country where they investigate and prevent crime. Police enforce the law and police have a social responsibility to protect people’s rights. But sometimes the police abuse their power. The police interrogating the accused are exceeding their authority and violating their lifelong civil and human rights.
As a result, many principles of police interrogation have evolved to address these problems with the police. The main purpose behind these principles is that the police should not violate people’s rights. These principles are designed to protect and promote the human and fundamental rights of the individual that cannot be revoked by the state.
As the term human rights implies, every human being has these rights in everyday life. Human rights include the rights to food, shelter, and clothing. But now society has advanced in many ways and people’s needs are still evolving. In this day and age, the dignity of every human being and the right to live in freedom and peace are also considered basic human rights. Many laws of the country, including the Constitution, which is the Constitution of India, are dedicated to upholding and protecting these rights.
Basically, it is Article 21 of “Life and personal freedom” which includes all the fundamental human rights that a person has throughout his/her life. These rights cannot be taken by anyone, including the state.
But we all know what techniques the police use when questioning suspects. All laws are against such maneuvers, but we also know the truth. The police resort to many tortures and injustices that violate people’s right to privacy.
POLICE INTERROGATION AND THEIR PRINCIPLES
A police interrogation can be considered a formal interrogation of a suspect or evidence. Police, as part of democratic governance, have a responsibility to maintain law and order in society and are obliged by law to follow the Legal Process that allows them to investigate and punish the offenders if there is a crime. Therefore, the job of the police is considered very respectable, as it is the defender of the law. They protect citizens from negative things, whether natural or man-made. But what if the police themselves violate someone’s rights? During the interrogation, it was observed that the accused or the accused were sometimes deprived of their basic human rights to receive these messages or information.
Other than relying on international conventions, there are no specific principles regarding police interrogation but there are some principles that police must apply when managing an investigation. The idea behind this is that even if the police are operating under state punishment, they should not have the slightest impact on the human and fundamental rights of the person concerned. These principles are designed to promote human rights and fundamental opportunities that should not be waived as a function of government
7.1 Principles of Police Interrogation during interrogation
- Fundamental rights to life, liberty, and security: Everyone questioned by the police has the right to life, security, and personal liberty. Police must not violate this right under Articles 20 and 21 of the Indian Constitution and Article 3 of the Universal Declaration of Human Rights.
- Against inhumane treatment and torture: No suspect questioned by the police may be subjected to torture or inhuman treatment that may undermine their fundamental human rights of dignity, respect, and freedom.
- Right to Equality: All suspects tried by the police must be equally protected by the law and by justice before the law. Article 14 of the Indian constitution recognizes this right and therefore the state cannot deprive a person of this right when the police are investigating.
- Interrogation according to due process of Law: Police must observe or follow legal procedures when questioning a suspect and must not torture the suspect during interrogation.
CASE LAWS
- JOGINDER KUMAR v. STATE OF U.P [1]
In this case, it was laid down that accused has the right to inform any friend, family member, or such person who is concerned about his welfare about his arrest. The police officer must inform the arrested person of his rights and make an entry in the diary about who has been informed about the arrest of the accused.
- KATHI KALU OHGAD v. STATE OF BOMBAY [2]
An accused person cannot be said to be a witness against himself if he simply gave a confession while in police custody.
- MUNSHI SINGH GAUTAM v. STATE OF M.P[3]
The court focused on the fake claims by the people who claimed that police has tortured them while in custody just for obtaining the benefit of such claims.
- MP SHARMA v. SATISH CHANDRA [4]
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). The 8-judges bench of the Supreme Court rejected the petition stating that search and seizures were important social security. This, however, could be considered bad law.
CONCLUSION
The main purpose behind the Police Department is to provide security to the residents of Kültür, given that their work requires efficiency, confidence, and wisdom. Given the current state of, it cannot be denied that our authorities have ignored some of the cases mentioned above. Contempt reported the mood of most police officers, and their work lost what it should have in light of many previous events. The use of police powers on their own initiative has become a fundamental human right and undermines our country’s legal system. Police request changes quickly and should be called whenever possible. Some of the modifications that can be made to equipment today may begin with the establishment of a legal agency to keep the police operating lawfully. The mission should be strengthened and developed, and this should only be done at specific stages of preparation. A new-like Ombudsman should be created to review police activities and combat such emergencies. In special police, the special behavior of the police must be respected. this is how change can happen and police questioning at the time may well be linked to the creation of human rights.
REFERENCES
[1] 1994 AIR 1349
[2] AIR 1961 SC 1808
[3] MUNSHI SINGH GAUTAM &ORS VS STATE OF MP ON 16 NOVEMBER, 2004
[4] AIR 1954 1 SCR 1077
