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Article 21 of the Indian Constitution guarantees the right to life and personal liberty, which includes the right to remain silent. However, the reality of third-degree torture and harassment of accused persons is a violation of this fundamental right. The broader mandate of Article 21 protects theRead more
Article 21 of the Indian Constitution guarantees the right to life and personal liberty, which includes the right to remain silent. However, the reality of third-degree torture and harassment of accused persons is a violation of this fundamental right. The broader mandate of Article 21 protects the rights of the accused person in the following ways:
1. Right to life: Article 21 ensures that the accused person has a right to life, which includes protection from torture, cruel, inhuman, or degrading treatment.
2. Personal liberty: The article guarantees the right to personal liberty, which includes freedom from arbitrary detention and humiliation.
3. Dignity: The Supreme Court has interpreted Article 21 to include the right to dignity, which is violated when an accused person is subjected to torture or inhumane treatment.
4. Protection from self-incrimination: The right to remain silent is an essential aspect of Article 21, ensuring that the accused person is not compelled to make any statement that may incriminate them.
5. Right to fair trial: Article 21 encompasses the right to a fair trial, which includes the right to a just and fair investigation, free from coercion or manipulation.
6. Protection from custodial violence: The article protects the accused person from custodial violence, ensuring that they are not subjected to physical or mental harm while in police custody.
To enforce these protections, the Supreme Court has established guidelines and safeguards, such as:
1. D.K. Basu guidelines (1997): Mandate police reforms and guidelines to prevent custodial violence and ensure proper treatment of accused persons.
2. Right to legal aid: Ensure access to legal representation and aid for accused persons.
3. Monitoring mechanisms: Establish independent monitoring mechanisms to investigate allegations of torture or custodial violence.
4. Compensation: Provide compensation to victims of custodial violence or torture.
While the reality may not always align with the constitutional guarantees, the broader mandate of Article 21 provides a foundation for protecting the rights of accused persons and ensuring that they are treated with dignity and respect.
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