Critical Analysis On Fundamental Rights At The Core Of Criminal Justice System
- IJLLR Journal
- Jan 13
- 2 min read
Puranajay Das, Assistant Professor, Department of Law, Fakir Mohan University, Balasore, Odisha
Basavdutta Kar, Assistant Professor, Department of Law, Fakir Mohan University, Balasore, Odisha
ABSTRACT
Human beings is always able to adapt to anything in their environments. The society provides every individual their purpose and substance in life. One is entitled to his or her own thoughts, but is not entitled to their own actions. It is important for a person to figure out what is right for him or her to do for the benefit of others. It does not mean that a person’s individual wishes are consigned to the community’s goals. The community’s character is dependent on the The community’s character is dependent on the individual. The individual is dependent on the character of the the individual. The character of the individual depends on how a community integrates its constitutional and legal rights, or how well those rights are embodied in the constitution or the other laws of the polity. Justice means that all people deserve to be treated with equal dignity. It means that all people must be able to live a life free of discrimination, violence, and poverty. The right to justice is essential to criminal justice, systems that claim to operate on a rule of law, and systems that operate in an authoritarian manner.In India, the criminal justice system revolves around the victims and the accused having the right to justice. This is fundamental to the Constitution and must be upheld. The paradox is that, at times, the rights of victims and the accused are opposing one another. This can be resolved through a more constructive approach from the judges. There is an urgent need to transform the functioning of the criminal justice system in India. It should focus more on the victims' rights and not the rights of the offenders.
Keywords: Burden of proof, fundamental rights, victims, rehabilitation, prosecution, probation, transgressors, compensation, Brute force.
