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Research Article

EEO. 2021; 20(5): 7203-7213


Human rights of prisoners with special reference to public safety act after the abrogation of Article 370

Archana Charak, Dr. Showkat Ahmad Wani.




Abstract

Human rights are essential rights to which everybody on this planet is entitled without prejudice, or rights that are necessary for living a life as a human being. These rights, however, are routinely abused by state agents who are not held accountable. The un-challenlized and un-bridlled power is bound to corrupt if not limited within the ambit of human rights and fundamental rights. The prisoners who are already in jails facing many issues and worse condition is of the undertrial prisoners who are incarcerated awaiting the outcome of their case in a court of law. The right to a fair trial is a basic protection of human rights and the rule of law, aimed at ensuring that justice is administered fairly but under Public Safety Act, the fair trail and principles of natural Justice are being neglected by the agents of the state. As a normal human being is still fighting for basic human right and some are in jail without any cause and do not know when their fate will be decided. Like in Jammu and Kashmir, many political leaders were house arrested under the Jammu And Kashmir Public Safety Act on the day of declaration of the abrogation of the Article of 370 of the constitution of India by the Union government in the name of national security. This paper critically highlights the importance of justice delivery system and how Public Safety Act is violating the due process of law and basic norms of human rights.

Key words: Human Rights, fair trial, fundamental rights, natural justice






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