Criminal Justice

Two central philosophies anchor the commonly accepted notion of criminal justice. The first is a zealous requirement for increased conviction rates. The second is the perception that those people in prison deserve punishment rather than rehabilitation. Both of these philosophies have especially grave consequences for the poor and marginalized. In this context, the Criminal Justice Initiative provides pro bono and low cost legal aid service to undertrials and convicted prisoners who are unable to pay for their legal representation. Our work is to defend civil liberties and to create a more humane criminal justice system. The emphasis is on greater access to justice for the poor, workers, disabled, aged, sick, tribal, women, dalit, juveniles and other minorities.

What We Do?

HRLN lawyers represent victims of torture, encounter, executions, disappearances, illegal detention and custodial death at the National Human Rights Commission and the various High Court as well as Supreme Court of India. Our lawyers work on securing bail, reduction of bail amounts, opposing remand of the accused in cases of rape and violence against women/minorities, obtaining discharges, applying for medical treatment, exposing torture, expediting and conducting trials.

In collaboration with MASUM, an organization based in West Bengal, HRLN has established an anti torture network in the country. The aim of the network is to provide legal aid counseling and medical aid to victims of torture and to the family of those killed in custody or caused to be disappeared by the police and security forces. The team works towards prosecution of the officers concerned in cases of torture, execution, disappearances and indiscriminate firing on the public. PACTI (Programme against Custodial Torture and Impunity) also works on rehabilitation of victims of torture.

A crucial element of our work is to intervene in areas of conflict by taking up cases of human rights violations by the armed forces. Our team conducts fact-finding investigations, seeks compensation for victims and punishment for the guilty. We investigate indiscriminate firings and mass arrests, which are increasingly used as means of intimidating popular non-violent movements. The initiative documents, investigates and reports the excesses use of violence. The Initiative has also been working to repeal oppressive legislation such as Armed Forces Special Powers Act (AFSPA), Prevention of Terrorism Act (POTA), Terrorism and Disruptive Activities Act (TADA), the Bombay Prevention of Begging Act and other preventive detention laws.

One of our main focus areas is work inside the prison, as we believe in corrections via jails and prisons, which can only be understood by reviewing prison conditions and capital punishment laws. We work with progressive prison administrators and police personnel to set up legal aid clinics in prisons with the objective of representing indigent undertrials. Since 2002, we have been instrumental in setting up a legal aid mechanism for prisoners in Delhi. Though the Indian judiciary makes use of death penalty, HRLN strongly believes in the abolition of the death penalty.

Issues Of Concern

Prison Conditions
Practice of Death Penalty
Atrocities by police and army
Oppressive legislation including POTA, AFSPA, TADA, etc.
Legislative, Executive and Judicial Expansion of Police Powers

Major Impacts

After the Criminal Justice Initiative’s representation of innocent people held by police and armed force, the Bombay High Court asked the state to reconsider the rules for granting legal aid and to fix proper remuneration for advocates under the legal aid scheme. (See: Ramchandra Nivrutti Mulak Vs. The State of Maharashtra). We have represented the poor and marginalized and have highlighted that a large number of prisoners are kept in prisons without being produced in the courts on the dates fixed for their trial or in connection with remand. (See: Rajendra Bidkar and Ors Vs. The State of Maharashta)

The Initiative has done some crucial work in getting justice to the victims of torture, disappearances and custodial deaths. In case of Jayalakshmi vs State of Tamil Nadu, a sum of rupees five lakh was granted to the family of an 18 year old transgender person who immolated himself after being subjected to horrific police abuse. Similarly, our team ensured that compensation was granted to a mother whose son was arrested without any reason and later murdered by the Assam Rifles (See: Thangjam Onbi Ibpishak Devi Vs. Union of India).

Our team is at the forefront in regard to its reform work in prisons, playing a pivotal role in implementation of the Mulla Committee recommendations and the DK Basu guidelines layed down by the Supreme Court. Strongly condemning custodial torture and violence, our team in Mumbai documented ten cases of custodial violence in Maharashtra over a period of two months. Subsequently, the court asked for magisterial enquiry report. Our team went on to submit guidelines to be followed for the prevention of such occurences in the future. Another petition in the Bombay High Court asked for improving the visiting condition of prisoners and their families (See: Kavita Kaushik vs State of Maharashtra).

Another landmark case decided in the Bombay High Court resulted in the release of hundreds of under-trial prisoners, who had languished in prisons for far beyond the maximum term of their punishment, due to slow court procedures. (See: Shabnam Miniwaalla Vs. State of Maharashtra). However, statistics still demonstrate that 70% of India’s prison inmates are undertrials and much remains to be done to improve the criminal justice system of the country.

Contact
litigation.delhi@hrln.org

“The use of extra-judicial means pervades every facet of the criminal justice system in every Indian state, remaining an enduring legacy and everyday reality for millions of citizens. Instead of introducing reforms in the prevailing justice system and ensuring basic protection of the rights of the poor and minority groups, the government, aided by popular media, is calling for more stringent and oppressive laws.”