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Author: Prejal Shah Publisher: Taylor & Francis ISBN: 1000451801 Category : Law Languages : en Pages : 174
Book Description
This book examines the procedural, cultural, and institutional framework of custodial interrogation in India. It explores theoretical and practical perspectives on custodial interrogation practices in India which have been in urgent need for reform and critiques the systemic failure on the part of the police in India to implement suspects’ rights uniformly. This volume, — Analyses the Indian framework of custodial interrogation to identify its fundamental flaws, and emphasises on the need for having a lawyer present during custodial interrogation; — Demonstrates significant evidence on state of suspects’ rights in India through comparative law methodologies with a focus on common law scholarship and jurisprudence, more particularly England and Wales, and supplemented by vital empirical research through key interviews with related institutional parties; — Discusses emerging, seminal jurisprudence of the European Court of Human Rights on applications of the right to fair trial at the custodial interrogation stage, especially shedding light on modern applications of the right to legal assistance in England and Wales, and radical Strasbourg-inspired reforms in other European jurisdictions; — Highlights the right to legal assistance as one of the viable solutions to break the culture of police lawlessness at this critical stage of the criminal process. An invigorating study, this book is aimed at enriching data and hypothesis for academics, policy makers, civil society organizations, and students working in the area of law and legal studies, police and policing, citizenship, and political science.
Author: Prejal Shah Publisher: Taylor & Francis ISBN: 1000451801 Category : Law Languages : en Pages : 174
Book Description
This book examines the procedural, cultural, and institutional framework of custodial interrogation in India. It explores theoretical and practical perspectives on custodial interrogation practices in India which have been in urgent need for reform and critiques the systemic failure on the part of the police in India to implement suspects’ rights uniformly. This volume, — Analyses the Indian framework of custodial interrogation to identify its fundamental flaws, and emphasises on the need for having a lawyer present during custodial interrogation; — Demonstrates significant evidence on state of suspects’ rights in India through comparative law methodologies with a focus on common law scholarship and jurisprudence, more particularly England and Wales, and supplemented by vital empirical research through key interviews with related institutional parties; — Discusses emerging, seminal jurisprudence of the European Court of Human Rights on applications of the right to fair trial at the custodial interrogation stage, especially shedding light on modern applications of the right to legal assistance in England and Wales, and radical Strasbourg-inspired reforms in other European jurisdictions; — Highlights the right to legal assistance as one of the viable solutions to break the culture of police lawlessness at this critical stage of the criminal process. An invigorating study, this book is aimed at enriching data and hypothesis for academics, policy makers, civil society organizations, and students working in the area of law and legal studies, police and policing, citizenship, and political science.
Author: Naureen Shah Publisher: Human Rights Watch ISBN: 1564325180 Category : Political Science Languages : en Pages : 124
Book Description
The deteriorating state of the Indian police -- Human rights viloations by the police -- Obstacles to police accountability -- Detailed recommendations.
Author: A.G. Noorani Publisher: Oxford University Press ISBN: 0199088578 Category : Law Languages : en Pages : 216
Book Description
The civil rights of Indian citizens are guaranteed both in the Indian Constitution and through the State's international commitments. Despite these guarantees, the civil rights framework encounters numerous challenges from the State—problematic counter-terrorism laws, continuation of the death penalty, misuse of arrest and preventive detention powers, lack of implementation, and impunity. Through nine incisive essays on both traditional and emerging issues, this volume examines the prevailing imbalance between individual rights and State power. Many laws designed to protect the State do little more than protect State power at the expense of her citizens, directly flouting the Constitution, international law, and democratic principles. The authors critically analyse most of these laws, examining their justifications, background debates, and evolution, along with how they violate constitutional and international law. Taking into account relevant and contemporary comparative case law and developments in international law, this book makes a strong case for bold legal reforms and suggests various measures for improvement.
Author: Jayshree Bajoria Publisher: ISBN: Category : Civil rights Languages : en Pages :
Book Description
"The report, "'Bound by Brotherhood': India’s Failure to End Killings in Police Custody," examines police disregard for arrest regulations, custodial deaths from torture, and impunity for those responsible. It draws on in-depth investigations into 17 deaths in custody that occurred between 2009 and 2015, including more than 70 interviews with victims' family members, witnesses, justice experts, and police officials. In each of the 17 cases, the police did not follow proper arrest procedures, making the suspect more vulnerable to abuse"--Publisher's description.
Author: Jinee Lokaneeta Publisher: University of Michigan Press ISBN: 0472126474 Category : Law Languages : en Pages : 263
Book Description
Using case studies and the results of extensive fieldwork, this book considers the nature of state power and legal violence in liberal democracies by focusing on the interaction between law, science, and policing in India. The postcolonial Indian police have often been accused of using torture in both routine and exceptional criminal cases, but they, and forensic psychologists, have claimed that lie detectors, brain scans, and narcoanalysis (the use of “truth serum,” Sodium Pentothal) represent a paradigm shift away from physical torture; most state high courts in India have upheld this rationale. The Truth Machines examines the emergence and use of these three scientific techniques to analyze two primary themes. First, the book questions whether existing theoretical frameworks for understanding state power and legal violence are adequate to explain constant innovations of the state. Second, it explores the workings of law, science, and policing in the everyday context to generate a theory of state power and legal violence, challenging the monolithic frameworks about this relationship, based on a study of both state and non-state actors. Jinee Lokaneeta argues that the attempt to replace physical torture with truth machines in India fails because it relies on a confessional paradigm that is contiguous with torture. Her work also provides insights into a police institution that is founded and refounded in its everyday interactions between state and non-state actors. Theorizing a concept of Contingent State, this book demonstrates the disaggregated, and decentered nature of state power and legal violence, creating possible sites of critique and intervention.
Author: Diane Webber Publisher: Routledge ISBN: 1317385489 Category : Law Languages : en Pages : 302
Book Description
Preventive detention as a counter-terrorism tool is fraught with conceptual and procedural problems and risks of misuse, excess and abuse. Many have debated the inadequacies of the current legal frameworks for detention, and the need for finding the most appropriate legal model to govern detention of terror suspects that might serve as a global paradigm. This book offers a comprehensive and critical analysis of the detention of terror suspects under domestic criminal law, the law of armed conflict and international human rights law. The book looks comparatively at the law in a number of key jurisdictions including the USA, the UK, Israel, France, India, Australia and Canada and in turn compares this to preventive detention under the law of armed conflict and various human rights treaties. The book demonstrates that the procedures governing the use of preventive detention are deficient in each framework and that these deficiencies often have an adverse and serious impact on the human rights of detainees, thereby delegitimizing the use of preventive detention. Based on her investigation Diane Webber puts forward a new approach to preventive detention, setting out ten key minimum criteria drawn from international human rights principles and best practices from domestic laws. The minimum criteria are designed to cure the current flaws and deficiencies and provide a base line of guidance for the many countries that choose to use preventive detention, in a way that both respects human rights and maintains security.
Author: Milena Sterio Publisher: Routledge ISBN: 1317558073 Category : Law Languages : en Pages : 253
Book Description
Duncan Gaswaga, a former judge of the Seychelles Supreme Court who has presided over numerous piracy trials, asked the following question: "What is a judge to do when a bearded piracy suspect facing justice asserts that he is fourteen?" This book addresses this important question by focusing on the treatment of juvenile piracy suspects under international law within national prosecutorial regimes. Beginning with the modern-day Somali piracy model, and exploring the reasons for piracy organizers and financiers to have employed Somali youth as pirates, author Milena Sterio analyzes the relevant international legal framework applicable to the treatment of juvenile criminal suspects, such as international human rights law, international criminal law, including the statutes of several international and ad hoc tribunals, as well as legal issues related to the use of child soldiers, as a parallel to the use of child pirates. This volume examines recent national piracy prosecutions involving juvenile suspects in Germany, Spain, India, Italy, Malaysia, the Seychelles, and the United States, developing a set of recommendations and best practices for all piracy prosecuting nations dealing with juvenile suspects to refer to in developing their national policy toward the treatment of juvenile piracy suspects.
Author: Prejal Shah
Author: Prejal Shah
Author: Naureen Shah
Author: James Vadackumchery
Author: A.G. Noorani
Author: Jayshree Bajoria
Author: Jinee Lokaneeta
Author: Diane Webber
Author: Arvind Ganesan
Author: Milena Sterio
Author: R. C. Hingorani