CONTENTS CHAPTER I INTRODUCTION 1-15 CHAPTER II HUMAN RIGHTS AND CRIMINAL JUSTICE: A HISTORICAL PERSPECTIVE
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1 CONTENTS Page Nos. Certificate i Acknowledgements ii-iii List of Abbreviations iv-vi List of Cases vii-xiii CHAPTER I INTRODUCTION Importance of the Study 3. Objectives and Scope of the Study 4. Research Methodology 5. Hypothesis 6. Issues 7. Scheme of the Study CHAPTER II HUMAN RIGHTS AND CRIMINAL JUSTICE: A HISTORICAL PERSPECTIVE 2. Historical Background 3. Concept of Human Rights 4. Sources of Human Rights Law (i) International Treaties (ii) International Customs (iii) Other International Instruments (iv) Judicial Decisions 5. International Human Rights Law (i) Human Rights under the United Nations Charter (ii) Universal Declaration of Human Rights (iii) International Covenants on Human Rights (iv) Preparations of the drafts of the two covenants (v) Adoption of the two covenants (vi) Covenants on Civil and Political Rights (vii) Civil and Political Rights in Emergency
2 (vii) Implementation Procedure (ix) Covenants on Economic, Social and Cultural Rights (x) Universal declaration and the two covenants (xi) Relationship between the two covenants (xii) Criticism of the covenants 6. International Conventions on Inhuman Acts (i) Genocide (a) Meaning of Genocide (b) Punishment for the crime Genocide (ii) Apartheid (iii) Apartheid in sports (iv) Torture and other Cruel Inhuman or degrading Treatment or punishment (v) Slavery and slave trade (vi) Forced or compulsory labour (vii) Traffic in persons and prostitution (viii) Elimination of Racial Discrimination 7. The Indian Perspective on Human Rights 8. Conclusion CHAPTER III HUMAN RIGHTS OF ACCUSED IN INDIA Provision of Indian Constitution and Criminal Procedure Code (i) Protection against ex-post facto law (ii) Doctrine of autrefois acquit and autrefois convict (iii) Prohibition against self-incrimination (iv) Person arrested to be informed of grounds of arrest (v) Right to be defended by a lawyer (vi) Person arrested to be taken before Magistrate (vii) Person arrested not to be detained more than twenty four hours (viii) No right to police officer to cause death of accused (ix) Information of arrest to a nominated person (x) Right to be released on bail in bailable offences
3 (xi) Right to receive the copy of the receipt after search (xii) Right of medical examination of arrested person (xiii) Right to free legal aid (xiv) Right of accused to know the accusation (xv) Right to be tried in presence of accused (xvi) Interpretation of evidence to accused or his pleader (xvii) Rights of accused where accused does not understand proceedings (xviii) Right to get copies of police report and other documents (xix) Right to cross-examine prosecution witnesses and to produce defence witnesses (xx) Court s power and duty to examine accused person (xxi) Accused person as a competent witness (xxii) Right to speedy trial (xxiii) Compensation for wrongful arrest 3. Human Rights and Preventive Detention Laws (i) Human Rights and Concept of Terrorists under Preventive Detention Laws. (ii) Preventive Detention Statutes and Quest for Human Rights (iii) State Legal Instruments and Human Rights. 4. Some other Provisions for Human Rights of Accused (i) Rules for Bail. (a) Maximum detention of undertrial person. (b) Media Trial and its effection bail of accused. (ii) Venue of trial. (iii) Right against solitary confinement. (iv) Right against inhuman Treatment. (v) Fair Trial. (vi) Curative Petitions. (vii) Right to information under Right to Information Act, Conclusion
4 CHAPTER IV - DEATH PENALTY VIS-A-VIS HUMAN RIGHTS Historical Perspective of Death Penalty 3. Capital Punishment in Ancient Rome and Greece 4. English Law on Death Penalty 5. Death Sentence under different statutes 6. Mode of Execution 7. Execution of Death Sentence 8. Capital Punishment (Death Sentence) under the Indian Penal Code Related provisions of Criminal procedure Code, Concept of Rarest of Rare Cases 11. Retributed character of Death Punishment 12. Global perspective of Death Sentence 13. Previous Efforts to Abolish Death Penalty 14. Arguments for Retention of Death Penalty 15. Arguments for Abolition of Death penalty 16. Death Penalty is no more 'Mirage' in India 17. Judicial Trend Qua Death Penalty 18. Judicial Discretion and Death Penalty 19. Legality of Death Sentence 20. Reasonableness of Death Sentence 21. Reasons for abolition of Capital Punishment 22. Capital Punishment in India 23. Law Commission on Capital Punishment 24. Indian law on Death Penalty 25. Human Rights and Capital punishment 26. Conclusion. CHAPTER V - HUMAN RIGHTS AND CRIMINAL JUSTICE: ROLE OF JUDICIARY 2. Human Rights and Judicial Activism (i) Court and Presumption of innocence
5 (ii) Police Torture (iii) Custodial Violence (iv) Hand-cuffing (v) Prisoner s Grievances (vi) Guidelines relating to Administration of Polygraph Test (Lie Detector Test) on an Accused (vii) Rules for Bail (viii) Onus of Proof in Criminal Cases (ix) Fair Trial (x) Speedy Trial (xi) Right to Appeal (xii) Curative Petitions (xiii) Legal Aid (xiv) Delayed Execution of Death Sentence (xv) Damages for violation of rights (xvi) Justice to Victim 3. Relaxation of Procedural Requirements in Public Interest Litigation for Protection of Rights of Undertrials / Arrested Persons. 4. Judicial Activism on Human Rights Issues. 5. Conclusion CHAPTER VI - CONCLUSIONS AND SUGGESTIONS Conclusions 2. Suggestions BIBLIOGRAPHY
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