Procedure in Human Rights Flashcards
Main theme of Manoj v. NCT of Delhi
The main theme in this case is with regards to Guidelines that are to be laid down in procedure regarding the collection of details of mitigating factors for the death penalty. In Bachan Singh v. State of Punjab, the Supreme Court laid down some mitigating factors to be considered by the court when laying down a death penalty sentence.
Manoj v. NCT of Delhi What are some of the mitigating factors laid down in Bachan Singh?
The court has not laid down any specific guidelines, but through judgements have recognised some. These include:
Age of the accused (too young or too old)
extreme Emotional disturbance
Possibility of being a threat to society
Possibility of rehabilitation
Facts of the case rendering some moral justification etc.
What was the judgement in Manoj v. State of MP
The Supreme Court, observing that in the forty years since the Bachan Singh judgement, no guidelines had been established for the provision of mitigating circumstances at the trial stage itself. The court ruled that criminal courts could call for a report for Sections like 302 after conviction to determine whether mitigating factors may apply.
In this particular case, the Court applied such mitigating factors and commuted the death penalty. Also due to some procedural defects during the trial stage. Accused were not given opportunity for pre-sentence hearing.
Which case deals with inconclusivity of DNA Profiling?
In Manoj V. State of MP the court also dealt with the issue of DNA profiling methodology and statistical analysis, as also the collection and preservation of DNA evidence. ¶¶138-143. issues about collection and preservation of DNA states that DNA evidence is not conclusive relying on another case and a Law Commission Report due to a random occurrence ratio. DNA evidence should be open to be scrutinised by a defence expert if requested.
Rahul v. NCT of Delhi (DNA)
This case dealt with two matters of procedure. Firstly, with regards to DNA evidence and how DNA evidence is not fully conclusive, specially in this case where the court had not confirmed whether the techniques were reliably applied by the expert. In the absence of such clear evidence, all evidence relating to DNA becomes vulnerable.
Rahul v. NCT of Delhi (Circumstantial Evidence)
The court looks back at Sharad Birdhi chand Sarda v. State of Maharashtra where the court laid down some guidelines for the collection and classification of circumstantial evidence. In this case, the evidence was purely circumstantial. Where there is no guidline for the classification of such evidence, there is no clear cut procedure. The law cannot operate without clear cut procedure, this would amount to a violation of human rights. Article 21 functions on the pre-requisite of laid down procedure.
Though the exclusive availability of only circumstantial evidence is not grounds for acquittal, the criteria must be met to convict.
What are the grounds for classification of circumstantial evidence? Which case laid down the same?
Sharad Birdhi Chand Sarda v. State of Maharashtra.
The following guidelines were laid down by the court:
1. Circumstances from which conclusion of guilt is to be drawn should be fully established,
2. Facts so established should be consistent only with the hypothesis of guilt of the accused and nothing else,
3. Circumstances should be of a conclusive nature and tendency,
4. They should exclude every other possible hypothesis except the one to be proved, and
5. There must be a chain of evidence so complete as to not leave any reasonable ground for conclusion consistent with the innocence of the accused and must show that in all human probability, the act was committed by the accused.
Shakti Vahini v. Union of India
In this case, Shakti Vahini, an NGO was tasked with compiling statistics of honour killings related to inter-faith and inter-caste marriages. The study revealed that there was an increase in honour killings carried out by informal judicial mechanisms such as Khap Panchayats.
What are Khap Panchayats?
Khaps are caste and community based assemblies - usually comprising elderly men from the Jat community - in northern parts of India that have a say on several issues, including marriage, dowry and the education of children, based on traditional customs.
Khap panchayats should not take the law into their hands and cannot assume the character of a law implementing agency for that authority has not been conferred upon them under any law.
What did the court rule regarding Khap Panchayats in Shakti Vahini?
The Hon’ble Supreme Court also observed and laid down that the state does not recognize any informal organization or institution to deliver justice and any order that is passed by any institution is not accepted blindly as the legality of that also has to be considered before executing and following.
Guidelines the court gave regarding Khap Panchayats
Areas where honour killings and assembly of Khap Panchayats have occurred in the last five years must be identified. Such a directive will be issued by the Secretaries of the Home Departments of the concerned states. If any officer becomes aware of any plan of a proposed Khap Panchayat gathering, he must immediately notify his superior officer and the jurisdictional DSP and SP. They must speak with the Khap Panchayat members and inform them that such gatherings are illegal. If a meeting takes place despite this, the DSP must attend the meeting and make it clear that any decision in such a direction will have grave repercussions. The conversation and participation of members must be videotaped. If after such interaction the DSP believes the gatherings cannot be prevented/harm may be caused to the couple or members of their family, a proposal must be submitted to the District Magistrate/Sub-Divisonal Magistrate to take preventive steps u/ the CrPC
Main two questions in Shatrugan Baban Meshram v. State of Maharashtra
In this case, a man had allegedly raped and killed a two and a half year old. The victim’s grandfather testified that the appellant had taken away the baby. The glans penis of the apellant was found damaged, blood of the victim was found on the appellant’s trouser etc. The two questions before the supreme Court was whether
- Whether the circumstantial evidence, in this case, is unimpeachable in proving the Appellant’s guilt or if it leads to an unusual case?
- Whether the evidence is so solid and persuasive that any punishment other than the death penalty is out of the question?
What was the conviction in Shatrugan Baban Meshram?
The lower courts convicted under Section 302 which gives life imprisonment. Also severe imprisonment under Section 376A for 25 years. However, the court found that though the accused is found guilty under Section 300, it does not come under the first three clauses. Cannot award death penalty.
Why is Shatrugan Baban Meshram important from HR perspective?
Justice can have emotions, but it cannot be driven by emotions. The human rights of even people accused of the most heinous and morally reprehensible crimes must be protected. Procedure must be followed in their conviction. In this case it made sense to award the death penalty, but the court focused on the nuanced differentiation in Section 300 and found that though the appellant was guilty of murder and knew that his heinous acts would be likely to cause the death of the victim, does not qualify first three clauses of 300.
