Ishita Bansal & Shivangi Kushwah, B.A. LL.B. (H), Amity Law School, Amity University Madhya Pradesh
ABSTRACT
In today’s era, science and technology have entered into every element of human life. The state and governments have gained authority to set foot in the private matters of individuals as the protector of the private rights of individuals. These rights have emerged because of the recent scientific and technological advancement. This intervention in private life also provides a way to control the life of individuals, by curtailing them of their basic fundamental rights. Human rights are the only savior of human beings in the present era, which provides us a number of basic rights necessary for a proper dignified life and the sheer existence of every individual. The right to fair trial is one of the core human rights. The European Court of Human Rights views the right to a fair trial as a fundamental component of the rule of law in a democratic society and works to protect that right. This right has been universally accepted as a cornerstone for the protection of all other rights as fair trial provides each and every individual the opportunity to enforce those rights. Hence, these rights are quintessential for peaceful living of humans on earth.
In the present article, the inter-relation between human rights & the concept and right to fair trial have been explored. It discusses how right to fair trial derives its roots from the human rights available to each and every individual. The paper begins with a brief understanding of human rights and further discusses the meaning and origin of the fair trial. It then explains and expounds the right to fair trial as a human right in international context, as to how internationally various conventions and covenants the right has been recognised as a fundamental human right, in addition to how Article 21 of the Indian Constitution guarantees it. The paper, thus, concludes with how much fair trial is significant in present times.
