Criminal Justice
Applying even the most retrogressive standards, Indian prisons are in a terrible condition. Rape, buggery, torture, custody without legal sanction, bars and fetters, detention far in excess of the sentence, increasing use of the death penalty, solitary confinement, lunacy, the brutal treatment of women and children are common in Indian prisons. If the complete absence of human rights in India has escaped notice it is because the prison system hides behind an iron curtain. The press, the public and the social activist are debarred. While the Legal Services Authorities Act, 1987 provides for free and competent legal services to weaker sections of society, few results are seen on the ground.
The increasing powers of the police and the complete absence of systems of accountability necessitate constant monitoring of torture, executions and disappearances on the one hand, and indiscriminate firing and mass arrests as means of intimidating popular non-violent movements on the other.
Oppressive legislation such as the Armed Forces Special Powers Act (AFSPA), The Prevention of Terrorism Act (POTA) and the Public Safety Act (PSA) are upheld and human rights violations continue under the provisions of these laws.
Judicial reluctance, administrative indifference and the spread of corporate crime (this fastest growing body of crime ignored by the state) has led to a situation where the poor find themselves brutalized and isolated and the justice system is seen as a class weapon perpetrating and perpetuating injustice.
HRLN's work on civil and political rights, its opposition to draconian legislation and interventions in the criminal justice system are formalised through the activities of the Criminal Justice Initiative (CJI).
One day the cry and despair of a large number of people would shake the very foundation of our society and imperil the entire democratic structure. When that happens we shall have only ourselves to blame.”
Justice Krishna Iyer in Veena Sethi's case
