HUMAN RIGHTS AND POLICING: Landmark Supreme Court Directives & National Human Rights Commission Guidelines

The presumption that everyone knows the law is a myth that causes needless suffering
to millions of people in India ñ especially those who are unlettered. Ignorance of laws ñ and the rights guaranteed by them ñ facilitates blatant misuse of authority by law
enforcers, whose job is to protect peopleís rights. Merely putting in place, provisions
for the protection of human rights without empowering people through human rights education about the means to ensure their compliance is meaningless. Rule of law to
be meaningful must meet the end of legal awareness.
One of the essential functions of the National Human Rights Commission (NHRC) is
to spread a human rights culture, and to aid the empowerment of people for the better protection of human rights in the country. Non-governmental organisations in
particular have been making a valuable contribution in this respect by sharing the
responsibility of the State and the NHRC.
http://www.humanrightsinitiative.org/publications/hrc/humanrights_policing.pdf
The Commonwealth Human Rights
Initiative (CHRI) is one such organisation actively involved in this effort. This compilation is a step in that direction. While police officers must know the limits and nature of their authority, citizens too, must know their rights, even when they have to answer to the law. A proper balance of individual rights and public interest has to be achieved through the mechanism of
the rule of law. This is the essence of human rights law and the avowed purpose of
this compilation.
The law laid down by the Supreme Court is the law of the land and binds everyone. The Supreme Court decisions included in this compilation relate to matters impinging
on the basic human rights of individuals to life and liberty, which are sacrosanct. The NHRC guidelines are meant to inform citizens as well as the police about their rights and duties; to enable people to protect themselves with this knowledge; and to guide
the police in the performance of their task by indicating that any transgression would
be illegal.

Print Page