International Journal of Innovative Research and Development

Abstract

As a matter of fact, the special status accorded to the state of Jammu & Kashmir in the Indian federal system, has its bearing & effect on the passage of laws. To make the development regarding the establishment of Human Rights Commission & courts at national level as well as similar provisions in the states, as provided by The Protection of Human Rights Act,1993, workable in the state, it was inevitable to pass a State Act in this regard. As such, the Bill passed by the State legislature after receiving the governor’s assent on 30^th May, 1997, became a law & was reduced into the Act namely, The Jammu & Kashmir Protection of Human Rights Act, 1997, hereinafter referred to as the Act. The present paper attempts to find out as to why the Act has turned out to be an ineffective instrument to check Human Rights violations in the state of Jammu & Kashmir & failed to deliver on the expected lines.

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Abstract

The management of prison& prisoners is an important aspect of criminal justice delivery system. The change in emphasis from mere custody to correction & from punishment to reformation at the International & National level,courtesy the norm-setting organs operative at different levels, emphasizes the need to have a relook at the prison administration. Unfortunately but, the guidelines emanating from these International & National forums have not been implemented in letter & spirit, leading to the decline in justice administration in this area of vital concern. The situation becomes even more pathetic when it comes to the grief-stricken region of Kashmir, were mostly prisoners comprise not of the criminals, as understood in the normal parlance but of people with banned political affiliations or with a revolutionary bent. Irrespective of the nature of indictment, the prisoners continue to remain human beings & as such don’t lose their fundamental rights merely by being prisoners. They continue to deserve a standard of treatment, of course subject to any valid restrictions but such restrictions ought not to be arbitrary & unreasonable.

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