TEAM HERALD
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MARGAO: Asserting that right to speedy trial was a fundamental right, retired Chief Justice of the Patna High Court and Chairman of Goa Human Rights Commission, Prafullakumar Mishra said the judiciary will be committing the greatest violation of human rights if the courts take 30-40 years to dispose off cases.
He also said that corruption is one of the human rights violations and underlined the need to have Lokpal to curb incidence of corruption, while lamenting that the Supreme Court has not laid down guidelines what amounts to rarest of a rare case to impose capital punishment.
Delivering the 18th Late Mukund P Shinkre Memorial lecture on ‘Judiciary and Human Rights’ organized by Govind Ramnath Kare College of Law here this evening, Justice Mishra said the courts have not found a remedy for pending cases, saying the solution lies in increasing the strength of the judiciary every year.
“The entire legal system exists for litigants, but they come last in the system. They pay for the negligence of lawyers and judges,” he said, adding that judiciary too has contributed to violation of human rights.
On capital punishment, Justice Mishra said the country is witnessing a debate for and against capital punishment, even as he added that the judiciary has not been consistent on its stand as to what constitutes rarest of the rare cases.
“As far as gang rape is concerned, can there be more barbaric crime?” he questioned, while calling for harsh punishment for rapes to send a message to society that such offences will not be tolerated.
He also criticized the long delays by the President of India in disposing off mercy petitions of those awarded with capital punishment. “There are mercy petitions pending for 10 years. The president has all the time in the world to cut ribbons, but has no time to dispose off the mercy petitions,” he asserted and added, “In the bargain, the accused person undergoes death.”
Justice Mishra said human rights of women are being violated across the nook and corner of the country by way of sexual abuse, harassment and domestic violence.
He said that kidnapping of minor children and using them in the flesh trade was the greatest violation of human rights.
