Human Rights of accused under criminal justice system - Rehman, Mujibur
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Of late, it has become a fashion to talk of rights, rights and only rights by every strata of human thinking. But there is a need to peruse much deep into and beyond the labyrinth of rights. Therefore, in a welter of rights, the rights of an accused form a kernel of entire human rights discourse at the infancial beginning of 21st century. Rights of the accused and transgression thereof are pervading all the geo-political entity jurisdiction ever since the inception of human habitation on this beautiful planet. No doubt there have been certain jurisdictions wherein the rights of accused have…mehr

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Of late, it has become a fashion to talk of rights, rights and only rights by every strata of human thinking. But there is a need to peruse much deep into and beyond the labyrinth of rights. Therefore, in a welter of rights, the rights of an accused form a kernel of entire human rights discourse at the infancial beginning of 21st century. Rights of the accused and transgression thereof are pervading all the geo-political entity jurisdiction ever since the inception of human habitation on this beautiful planet. No doubt there have been certain jurisdictions wherein the rights of accused have been preserved, promoted and protected. All the revealed regimes and divine discourses have been utopian, unanimous and united on the basic rights of an accused. As early as in 1215, Magna Carta under Section 37 had provided a brolly of protection of an accused regarding his rights and against any arbitrary arrest, detention and confinement contrary to the procedure established by law. The expression 'Human Rights' denotes all those rights, which are inherent in our nature without which we cannot live as human beings. Among all species of human rights, right to life receives precedence and is a sine qua non for the enjoyment of other rights - which only supplements and extends the complete meaning and content to the right to life. In the event of any invasion to this right, other rights-which are subsidiary to this right becomes meaningless, since the entire edifice of human rights jurisprudence is raised on the bedrock of right to life. Human rights are neither privileges nor gifts given at the whim of a ruler or a government. Neither can they be taken away by any arbitrary power. They cannot be denied nor can they be forfeited because an individual has committed an offence or broken any law. If we look at the concept of human rights from the Indian point of view we find that the concept of human rights is not alien to the Indian Political thinkers and philosophers. They have expressed concern to secure human rights and fundamental freedoms for all human beings everywhere since the very early times of Vedic age. The Indian philosophy characterizes the foundation of Human rights in ancient conception of Dharma and Danda which regulated the governance of State and its citizens.