Even after more than five decades since India became a State party to the fundamental document of Protection and Promotion of human rights viz.. Universal Declaration of Human Rights adopted and proclaimed by the member states of the General Assembly of the United Nations on December 10,1948,
what we see everyday is the rape and murder of human rights of its subjects by the State. The fundamental right to life and liberty enshrined in the Constitution has ostensibly remained an utopian idea and having regard to the changing social realities and emerging trends in the nature of crime and violence, transparency and accountability of the organs of the State have gone on a long holiday. We have forgotten that our character is the result of our conduct.
The highest duty of a ruler is to protect his subjects; the ruler who enjoys the rewards of his position is bound to that duty. The fundamental right to life and liberty is the paramount essential to human dignity and human happiness. Only the rule of Law could bring good governance in our country and it becomes the onerous responsibility of the government to strive for upholding rule of Law. The three tier Criminal justice system— Law making process by the Parliament, investigative and enforcement process by the Police and implementation of the law by the judiciary, is an integral part of the country with good governance. But awfully all the organs have failed to come up to the expectations of the people and have become a means of self-interest rather than the common good of the people. Nobody seems to be interested to admit that “tyranny is the rule of one seeking his own interest. Oligarchy seeks the interests of the rich, democracy seeks the interests of the poor.” The result of this apathy is that the crime against humanity is today screaming to unforeseen heights. Citizens deprived of their basic human rights suffer irresistible pain and suffering, particularly in the context of political unrest and violence in Punjab, Jammu & Kashmir, Assam, Andhra Pradesh, Bihar and Nagaland. The Government of India has come under heavy fire of accusations and allegations of gross violations of human rights of its citizens from all quarters and it was made known that violence can never be extinguished by violence nor private crime be put to sleep by State crime. This forced the rulers to take steps for repairing its dented image. The Protection of Human Rights Act,1993 was enacted for securing the Protection of human rights of the citizens of India. But as the wise saying goes, that the country which has too many laws has too little justice, India has painfully became one of the most vulnerable countries where human rights violations are the highest. This act alike other laws of the country have failed to stop the Communal riots, massacre of lower class people by feudal lords, indiscriminate killings and setting fire of people belonging to minority communities, mass genocide of particular religious community and killing thousands of civilians in the name of war.
Every day, media reports about killing of terrorists, security men and people belonging to particular community in different parts of the country worries every human being. Undoubtedly, the killer of a human life can never get respect in a civilised society. But everyday Criminal elements wearing the mask of Politicians and Policemen are rewarded by the people. Is it that we have lost our sense of thinking or our yardstick for good or bad has changed ?