The principles of the police interrogation and the human right

Author :- Awez khan

Any citizen who was born or willingly resides in the country, he/she has their own living rights is called “Human Rights”

Introduction

The basic target of law is to establish the clash free society and to train an individual to live in it with peace & harmony. Now, to spread a healthy relation in among people and promote happiness

The law or government bodies establish a system known as “Police”

When the term “police” came in your mind our mind revolves at 360 degree

The fear has come in your mind for e.g.; – Jail, Third degree torture, and lots of all weird stuff. But the reality as far your imagination. Police system is the most powerful pillar of the society that plays vital role.

When the term “Human rights” came in our mind we only think that we are Super-heroes we have lots of power isn’t It.? Yes, is it because we are the humans and we don’t have any super power but as we are common humans and we don’t have any super-power, but we have the powers as in the form of various types of rights is called human rights.

Concept of Human rights

We know, but some of the citizens don’t know that Human rights are the basic rights and hold freedom that belong to every person in the county or world, from birth to until its death, these basic rights are based on the common ethics like Dignity, Fairness, Equality, Respect and Independence. 

People have an eye view on the human rights as a set of moral principles that apply to everyone

Human rights are also a part of international laws, that contained various several types of treaties and declarations that spell out some specific rights that countries are required to uphold. Countries are frequently incorporate human rights in their own National, State and Local laws.

How do the Human Rights help us?

 As we know that human rights are relevant to all of us, but not just those who face domination or mistreatment. They give protection to you in many areas in our day to day life, containing

• You have a right to express your opinions
• You have a right to an education
• You have a right to live or die (mention in under Article 21 of Indian Constitution)

From where Human rights come?

Basically humans right not come from anywhere, it originated in its own countries and developed by the various government bodies for e.g.; – Upper house and Lower house. But the idea that human beings should have a set of basic rights and freedom has deep dark roots in England. Now when all the countries are fight for their rights so it’s a high time to declare as universally

The Universal Declaration of Human Rights (UDHR) 1948

• The numerous murders took in the Second World War made the protection of human rights as on an international priority.
• The   United Nations was founded in 1945.
• The United Nations allowed more than 50 Member States to contribute to the Universal Declaration of Human Rights, adopted in 1948.

This was the first try to set out on a global level the fundamental rights and freedoms shared by all human beings who wants to live joyfully.

Characteristic of Human Rights

Universal: – Human rights belong to all the people

Immutable: – Human rights cannot be taken away from the people 

Interconnected: – Human rights are dependent on one another

Indivisible: – Human rights cannot be cured in quarantine

Types of Human Rights are there: –

1. Individual [CIVIL] rights

Types: – life, liberty, privacy & freedom of movement, ownership of property, conscience freedom of thoughts, religious belief and practice, prohibition of slavery, and cruel.

• Economic and Social rights

Types: – Protection against unemployment

• Rule of law

Types: – Equal recognition before the law and equal protection of the law, Presumption of innocence, Effective legal remedy for violation of rights, impartial hearing and various trial

• Right of political expression

Types: – Freedom of expression, assembly and associations, universal and equal suffrage,

The right to take a part in government, periodic & meaningful elections.

• Right of communities

Type: – Self- determination & protection of minority cultures, An adequate standard of living, Free choice of employment, Just and favorable remuneration, social security, “highest attainable standard of physical and mental health”.

Now the discussion is enough on the topic of human rights, well now we further move on the police system that hold a power to maintain discipline and promote crime free society

Concept of Police System

 The term police, it is a body of various types of officers demonstrating the civil authority of governing bodies. The police system is typically accountable for maintaining public peaceful order and safety, enforcing the law and preventing, detecting, and investigating the criminal activities towards the society these function is known as policing.

Police officers implement the law by arresting the various types of criminals and detecting the unlawful activities and prevent them from harmful crimes. They are usually look like’s hero within their communities because of the hazardous situation they often encounter to provide services to the public.

How do the police serve the people?

A police officer’s primary duty is to maintain healthy public relation and peace order. Patrol police officers on foot, in a car, spend their days dealing with people who violates the law. As we know that the duties of a police officers are largely depend on where they are located or jurisdiction. In metro cities the officers are usually given very particular job duties or will be allotted to a fraud, murder, drug-marketing, or rape matters. Each part has a definite goal, and the officers within the unit are well trained specially for the targeted objectives.

Police officers have an authority he/she may give a warning, otherwise if the seriousness of offence is great, they also have the authority to arrest and detain the suspect. In some dangerous situations may arise if the suspect carries a weapon, takes a convict, or flees in an attempt to repel arrest. The system of police officers, however, are trained to defend both themselves and possible victims. They tried to keep streets and neighborhoods safe and crime free, even if the safety measure required for the public in that situations they may have to put their lives on the hazardous line.

Now let’s talk about Role of Indian Police and Human Rights:

As we know that most of the violation of human rights take place in management of law and order by the police officers and by the system. A well-ordered justice and welfare provided by the state and the police are supposed to look like a disciplined force and well trained officers to uphold the law and imposed democratic body to function on constitution lines. The functions of the police system are mostly excessive and supervisory in nature and this leaves an impression on the individual citizens that police system interfere with the life, liberty and freedom of the people. It is the moral duty of the police to maintain the healthy order and prevent crime. When there is a violation of law is seen, it is the duty of the police to detain the offenders and make them stand before the court to be dealt with the certain types of procedures established by law. Whenever violations of human rights done by the police are reported, it causes an overall effect of loss of faith in the police by the side of the people as a protector of the society and guardian of citizens’ rights. Corruption take away by the public faith in police and weakens the rule of law, leading directly or indirectly to a violation of human rights. It further affects the image and reputation of the individual police personnel and the police organization. As some people knows that police officers also have their special rights as in compared to with human rights, so I don’t think so that police can violate the human right while interrogating with the human but the police have superior authority to over ruled the human rights.

But while the interrogation take place every person has the right not be ill-treated, unnecessary harassed, abused or tortured by the police system, if policemen beats or give serious injury while interrogate the person then he can be punished under the treaties or law made by the government.

A writ petition is filled when a person feels that his fundamental has been violated by the police officer or by the system. But if you are interrogating by the police system you have to keep calm and answer the question in a precise manner and don’t do the unclear declaration in front the police.

Human Rights identifies that while not explaining abuses, terrible working conditions for police officers or by the system contribute to violation the rights.

Case law on MASS EXODUS OF KASHMIRI PUNDITS FROM VALLEY

Terrorism forced the Hindus, a large majority of whom were Kashmiri Pundits, to flee from their homes in the Kashmir valley in the early part of 1990.

According to Asia Watch, the militant organizations forced the Hindus residing in the Kashmir valley to flee and become refugees in Delhi-NCR and Jammu. Ethnic cleansing continued till a vast majority of the Kashmiri Pundits were evicted out of the valley after having suffered numerous acts of violence, including sexual assault on women, arson, mental torture and extortion of property.