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Day 39 – Q 1. Why should even the most dreaded criminals be given the opportunity of a fair trial? Substantiate your views. 

  • IASbaba
  • July 24, 2020
  • 0
Ethics Theory, GS 4, TLP-UPSC Mains Answer Writing
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1. Why should even the most dreaded criminals be given the opportunity of a fair trial? Substantiate your views. 

सबसे खूंखार अपराधियों को भी निष्पक्ष सुनवाई का अवसर क्यों दिया जाना चाहिए? अपने विचारों की पुष्टि करें।

Demand of the question:

It expects students to express their views on the issue of Right to fair trial to most dreaded criminals. It also expects the substantiation of views by the student. 

Introduction:

A trial which is observed by trial judge without being partial is a fair trial. Various rights associated with a fair trial are explicitly proclaimed in Article 10 of the Universal Declaration of Human Rights, as well as numerous other constitutions and declarations throughout the world.

Body:

The right to fair trial to most dreaded criminals becomes a debatable issue when the heinous crimes against humanity are conducted by the most dreaded criminals. For instance, Dawood Ibrahim had graduated to extortion, money laundering, gold smuggling, illegal arms trade and drug trafficking having formed the dreaded D-Company.

Logic behind fair trial to most dreaded criminals:

  • Fair trials are the only way to prevent miscarriages of justice and are an essential part of a just society.
  • Every person accused of a crime should have their guilt or innocence determined by a fair and effective legal process.
  • It’s not just about protecting suspects and defendants. It also makes societies safer and stronger.
  • Without fair trials, victims can have no confidence that justice will be done. Without fair trials, trust in government and the rule of law collapses.
  • The right to fair trial is not new; it has long been recognised by the international community as a basic human right. Despite this, it’s a right that is being abused in countries across the globe with devastating human and social consequences.
  • The Universal Declaration of Human Rights (UDHR) key provision in Article 10 states that,  “Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.”
  • In India, the right against self-incrimination is incorporated in clause (3) of article 20 of the Constitution. Further, after Maneka Gandhi V Union Of India, (1978) case, Article 21 of the Constitution of India requires a fair, just and equitable procedure to be followed in criminal cases.

Despite the importance of fair trials being recognised by the international community, this basic human right is being abused day-in-day-out in countries across the globe.

  • The mood and temper of the public in regard to the treatment of crime and criminals is of prime most concern in any country. e.g. Public sentiments were high and against the criminals in the Disha murder case of Hyderabad.
  • Sometimes in the society when the situation goes out of hands, “Culture of control through power” comes in to picture. Hence, to contain this culture the judiciary every time can’t work in their full capacity. e.g. Controversies regarding the encounters of gangsters in Mumbai.
  • Blood lust has become the norm in preference to the lengthy and dull due process of law, delays in trials i.e. Absence of Instant justice through due process of law. e.g. The father of the Unnao rape victim has demanded “Hyderabad-like justice”.
  • Many a time these killings are fake and are so orchestrated that it is difficult to conclusively prove them wrong. The deaths through encounters is a matter of concern, as it bypasses the law and doesn’t follows the supreme law of country i.e. Constitution of India.

Our legal system does not permit the system to act without  giving a right to fair trial. 

It ensures that impartiality is observed while granting justice to the victim, it also ensures that innocent person doesn’t gets punished for the crimes which she/he didn’t commit.

Conclusion:

The Right to  Fair Trial is recognised internationally  as a fundamental human right and countries are required to respect it. Different countries have developed different ways of doing this, but regardless of how a particular legal system operates, the principle of equal right to fair trial is core to all fair justice systems.

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