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Chairperson ,Justice N.K. Jain

(Former Chief JusticeHigh Court ofMadras & Karnataka)

With best Compliments

RSHRC

Under the guidance of

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RAJASTHAN STATE HUMANRAJASTHAN STATE HUMAN

RIGHTS COMMISSIONRIGHTS COMMISSION

Prepared by:-

Internship students of

various lawuniversity and

colleges.

Under the guidance

of Honble Mr.

Justice N.K. Jain.(Former Chief justice of

Madras and Karnataka

High Court)

Chairperson, RSHRC

SECRETARIAT

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HonbleChiefMinister Shri Ashok Gehlot

Justice N K Jain,

Chairperson

Members

Justice Jagat Singh

Shri D.S.Meena

Shri Pukhraj Seervi

Honble Chairperson andMembers Of RajasthanState Human RightsCommission are :

From 06-07-2005

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Projecton

RIGHT TO JUSTICE

With kind inspiration from Honble

Mr. Justice Nagendra Kumar Jain.(Former Chief justice of Madras and Karnataka

High Court)

Chairperson - R.S.H.R.C

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Pankaj Sevta Siddharth Paliwal

B.B.A. L.L.B. (Hons.) 2nd year B.B.A. L.L.B. (Hons.) 2nd year

NATIONAL LAW NATIONAL LAW

UNIVERSITY, CUTTACK UNIVERSITY, CUTTACK

Mob- 9799027475 Mob. 07742268364

E-Mail Id- [email protected] [email protected]


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SOURCE OF RIGHT TOSOURCE OF RIGHT TO

JUSTICEJUSTICE Article 39Article 39--A of the Indian Constitution thatA of the Indian Constitution that

directs the Statedirects the State -- to secure equal justice andto secure equal justice and

free legal aid for the citizens.free legal aid for the citizens.

Securing justiceSecuring justice -- social, economic and politicalsocial, economic and political

to all citizens is one of the key mandates of theto all citizens is one of the key mandates of the

Indian ConstitutionIndian Constitution

Justice DelayedJustice Delayed

IsIsJustice DeniedJustice Denied

Why Has ThisWhy Has This

Delay HappenedDelay Happened


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COMPETENCY OF THE OTHERCOMPETENCY OF THE OTHER

STAFF IN COURTSTAFF IN COURT

The administrative and clerical staff should beThe administrative and clerical staff should be

competent.competent.

Clerical staff must be free from all type ofClerical staff must be free from all type of

corruption.corruption.

Lack of adequate & efficient staff.Lack of adequate & efficient staff.

INVESTIGATIVE AGENCIESINVESTIGATIVE AGENCIES

GENERALLY DELAYGENERALLY DELAY

Investigating agency failed to submit chargeInvestigating agency failed to submit charge

sheet within statutory periodsheet within statutory period

Investigation of crime is generally heard thatInvestigation of crime is generally heard that

the accused gets bailthe accused gets bail

The lethargic police investigation is also aThe lethargic police investigation is also a

ground of slow process of law.ground of slow process of law.

CONSEQUENCES OFCONSEQUENCES OF

DELAY AND DENIALDELAY AND DENIAL

Leads to increasing "Out of CourtLeads to increasing "Out of Court

settlementssettlements

Leading to the loss of trust in our JudicialLeading to the loss of trust in our JudicialSystem.System.

Shows our criminal justice system is sick.Shows our criminal justice system is sick.

CasesCases

ofof

Delay and DenialDelay and Denial


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UPHAAR CINEMA CASEUPHAAR CINEMA CASE UPHAAR CINEMA CASEUPHAAR CINEMA CASE

UPHAAR CINEMA CASEUPHAAR CINEMA CASE

It took six years to prove 59 people died due toIt took six years to prove 59 people died due tocriminal negligence on the part of the cinemacriminal negligence on the part of the cinemamanagementmanagement

Nobody would have died had the cinema followedNobody would have died had the cinema followed

safety rules.safety rules.

Indian justice move at the pace of our nationalIndian justice move at the pace of our nationalvehiclevehicle -- the bullock cart.the bullock cart.

It took six years for justice to be doneIt took six years for justice to be done

If appeal is done it would take more years.If appeal is done it would take more years.

UPHAAR CINEMA CASEUPHAAR CINEMA CASE


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JESSICA LAL HORRIFICJESSICA LAL HORRIFIC

MURDERMURDER

JESSICA LAL HORRIFICJESSICA LAL HORRIFIC

MURDERMURDER She was shot dead in a Delhi bar in full view ofShe was shot dead in a Delhi bar in full view of

several people.several people.

On the basis of their statements that the police builtOn the basis of their statements that the police builttheir case against Manu Sharma.their case against Manu Sharma.

He fled the crime scene.He fled the crime scene.

Remained on the run for days.Remained on the run for days.

Witnesses to the murder suddenly became unable toWitnesses to the murder suddenly became unable toidentify him as the killer.identify him as the killer.

He is already out on bailHe is already out on bail

How This DelayHow This Delay

CouldCouldBe TackledBe Tackled

REMEDIES TO OVERCOMEREMEDIES TO OVERCOME

DELAY (SUGGESTIONS)DELAY (SUGGESTIONS)

Need to improve the basic infrastructure and management ofNeed to improve the basic infrastructure and management of

resourcesresources

Urgent requirement of Independent Investigative AgencyUrgent requirement of Independent Investigative Agency

Establish more courts and to increase number of judges accordingEstablish more courts and to increase number of judges according toto

population.population. Establish a body at national level composed of Judges, Lawyers aEstablish a body at national level composed of Judges, Lawyers andnd

Legal academics, which should be charged with a duty to conductLegal academics, which should be charged with a duty to conduct

examinations for recruitment to IJSexaminations for recruitment to IJS

Establishing special courts to deal with cases of corruption andEstablishing special courts to deal with cases of corruption and

cyber crimes.cyber crimes.

Civil and Criminal procedure codes and the laws of evidence haveCivil and Criminal procedure codes and the laws of evidence have toto

be substantially revised to meet the requirements of modem judicbe substantially revised to meet the requirements of modem judicialial

administrationadministration


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Students reciting the oath of section 51(A) of Constitution of

India under the guidelines of RSHRC.

In addition to that in legal literacy and awareness program,In addition to that in legal literacy and awareness program,

chairman motivated students and even general public to recite tchairman motivated students and even general public to recite thehe

pledge as mentioned in article 51(A) of Constitution of India. Ipledge as mentioned in article 51(A) of Constitution of India. I t ist is

good sign that so many schools have started taking prayer as pergood sign that so many schools have started taking prayer as per

instructions of different concerned authorities as per the requeinstructions of different concerned authorities as per the request ofst of

the commission. Some of them are as follows:the commission. Some of them are as follows:-- 46

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Students of some institutions reciting the Oath as

per Article 51(A) of Constitution of India under

the guidelines of RSHRC.

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Students reciting the pledge.

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Rajasthan State Human Rights CommissionRajasthan State Human Rights Commission

BEWARE OF YOUR RIGHTS AND DISCHARGE DUTY WITH DEVOTIONBEWARE OF YOUR RIGHTS AND DISCHARGE DUTY WITH DEVOTION

Chairperson : Justice N.K. JainChairperson : Justice N.K. Jain

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BibliographyBibliography

www.rshrc.nic.inwww.rshrc.nic.inwww.rshrc.nic.in

www. nicef.comwww. nicef.comwww. nicef.com


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It gives us great pleasure to express our deep sense ofgratitude to all concerned for the encouragement Wehave completed this project. We are very much thankfulto Rajasthan State Human Rights Commission inparticular Chairperson, Honble Justice N. K. Jain forgiving us a chance to do the internship in this RajasthanHuman Rights Commission.

ACKNOWLEDGEMENT

Pankaj Sevta Siddharth Paliwal

B.B.A. L.L.B. (Hons.) 2nd year B.B.A. L.L.B. (Hons.) 2nd year

NATIONAL LAW NATIONAL LAW

UNIVERSITY, CUTTACK UNIVERSITY, CUTTACK

Mob- 9799027475 Mob. 07742268364

E-Mail Id- [email protected] [email protected]

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1- Right to Justice

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