Supreme Court Advocates for Childcare and Feeding Rooms in Public Spaces

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Supreme Court Advocates for Childcare and Feeding Rooms in Public Spaces The Supreme Court of India has suggested that the Union Government develop a comprehensive policy addressing the construction of feeding rooms and childcare facilities  in public places. This move aims to ensure that nursing mothers and their children can access basic amenities in a dignified and private manner, reinforcing their fundamental rights under the Indian Constitution. SC Encourages Policy Formulation A bench comprising Justice BV Nagarathna  and Justice N Kotiswar Singh  highlighted the absence of a structured framework to address this pressing issue. The court advised the Centre to propose a policy that could then be implemented across the states, scheduling the next hearing for December 10, 2024.   The apex court emphasized that before issuing formal directions, it was crucial to understand the Centre’s perspective on implementing the petitioner’s demand for childcare and feedi...
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Rights of a Arrested Person in India

        Rights of a Arrested Person in India



One of the basic and important feature of our legal system in benefits goes to arrested person on the principal of presumption of innocence of the accused person until he/she found guilty at the end of trail on legal evidence. Rights include the rights of the accused at the time of arrest, at the time of search and seizure, during the process of trail and the like.

In well known case of Meneka Ghandhi v. UOI it was interpreted that the procedure adopted  by the state must be fair, just and reasonable. The certain rights which arrested person need to know are as follows:

1. Right To Silence

"it was essentially right to refuse to answer and incriminate oneself in the absence of proper charge. Not initially, the right to refuse to reply to proper charge." the Justice Malimath Committee. The dependent if he so desires can be witness in his trial. His confession in police station is not admissible in court. Only to the magistrate is admissible.
The Indian constitution guarantees every person right against self incrimination under Article 20(3) "no person accused of any offence shall be compelled to be witness against himself."

2. Rights To Know The Grounds of Arrest

"Every police officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest." section 50(1)  of Cr.P.C.
"Notification of substance of warrant. The police officer or other person executing a warrant of arrest shall notify the substance thereof to the person to be arrested, and, if so required, shall show him the warrant." section 75 of Cr.P.C.
Constitution of India has conferred on this right the status of the fundamental right. Article 22(2) of the constitution provides that "no person who is arrested shall be detained in custody without being informed as soon as may be, grounds of such arrest nor shall he be denied the right to consult, and to be defended by a legal practitioner of his choice."

3. Information Regarding The Right To Be Released On Bail

Section 50(2) of Cr.P.C. provides that "where a police officer arrests without warrant any person other than a person accused of a non- bailable offence, he shall inform the person arrested that he is entitled to be released on bail and that he may arrange for sureties on his behalf."As a consequence provision may in some small measures, improve the relation of the people with the police and reduce discontent against them.

4. Rights To Be Taken Before A Magistrate Without Delay

The arrested person must presented before judicial officer  without unnecessary delay. Cr.P.C. under section 56 and 76 which are as given below:

56. Person arrested to be taken before Magistrate of officer in charge of police station. A police officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions herein contained as to bail, take or send the person arrested before a Magistrate having jurisdiction in the case, or before the officer in charge of a police station.

76.  Person arrested to be brought before Court without delay. The police officer or other person executing a warrant of arrest shall (subject to the provisions of section 71 as to security) without unnecessary delay bring the person arrested before the Court before which he is required by law to produce such person: Provided that such delay shall not, in any case, exceed twenty- four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate' s Court.

5. Rights Of Not Being Detained For More Than 24 Hours Without Judicial Scrunity

Section 57 of Cr.P.C. provides "person arrested not to be detained more than twenty- four hours. No police officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a Magistrate under section 167, exceed twenty- four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate' s Court."

6. Rights at Trial

i. Right To A Fair Trail

ii. Right To A Speedy Trail

The Indian Constitution Article 14 guarantees the right to equality before law. The C.P.C. provides their must be fair trail and must be open court there are some exceptional case which may be held in camera.
On the other hand right to speedy trail is not right but Hon'ble  Supreme Court interpreted in Hussainara Khatoon. The judgement mandates that an investigation in trail should be held "as expeditiously as possible".

7. Right To Consult A Legal Practitioner

The Constitution provides Article 22(1) provides that no person who is arrested shall be denied the right to consult a legal practitioner of his own choice. The Superme  Court constitutional mandate is to provide free legal aid.
The consultation with the lawyer may be in the presence of police officer but not within his hearing.

8. Right To Be Examined By A Medical Practitioner

Section 54 of Cr.P.C provides "Examination of arrested person by medical practitioner at the request of the arrested person. When a person who is arrested, whether on a charge or otherwise alleges, at the time when he is produced before a Magistrate or at any time during the period of his detention in custody that the examination of his body will afford evidence which will disprove the commission by him of any offence or which will establish the commission by any other person of any offence against his body, the Magistrate shall, if requested by the arrested person so to do direct the examination of the body of such person by a registered medical practitioner unless the Magistrate considers that the request is made for the purpose of vexation or delay or for defeating the ends of justice."

Conclusion

It always being followed if there are certain rights their must be loopholes the police often arrest a person and take a advantage of their office to export money.The Mallimath Committee in its report "weighed in favor  of the  accused and did not adequately focus on justice to the victims of crime."
It's the duty of police officer protects the rights of society. It must includes all because constitution itself provides equality before law under Article 14. All person are equal before law.
Location: Pune, Maharashtra, India

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