Eternal vigilance is not easy

The "due process of law" is heard of and read about in many a context in the Indian public sphere. As a safeguard of liberty, its paramount importance has been upheld by the Supreme Court time and again, and is considered integral to the functioning of India as a constitutional entity.

But what is the "due process of law"? In whose custody really is it?

"While every work on British constitutional Law discusses at length the statute and powers of the police, books on the constitution of India ignore the profound importance of the police in a polity governed by the Rule of Law." This remark in the foreword of this handbook on human rights, published by the South Asia Human Rights Documentation Centre (SAHRDC), is revealing. Having everything pat on paper is not the same as having the same in real life. And given the role the police play in the process of justice, as it is actually meted out to the individual, it is remarkable that the force is not subjected to the scrutiny that other aspects of the system are. This makes space for big gaps between theory and practice""gaps, which if left yawning, could gnaw away at the credibility of the justice system itself.

The need of the hour, as this book underlines, is to promote legal literacy on human rights. This calls for knowledge of how the system works: the purpose of this handbook.

At first, it's important to recognise that under the present criminal justice system, you cannot underestimate the police's powers at the time of arrest, seizure, search and interrogation. Powers over the accused's fate shift to the prosecution and defence""professionals schooled in law""only later, in court, when the matter comes up for bail, trial and pronouncement of judgment. Meanwhile, and this is the catch, there is nothing to guarantee how long it takes from one stage to the other.

To ensure that no injustice is done unto anyone (on either side) in the interim, experts have long suggested that the criminal justice system needs to be more vigilant""especially on the handling of adjournments, role of councils, right to information and management of jail affairs.

But what could make a big difference is the speed of justice delivery, and this could depend on the empowerment of citizens with information on the long-drawn-out process all the way from the registration of the First Information Report (FIR) by the complainant to the final pronouncement of judgment.

This book cleverly avoids academic discussions, preferring to offer assistance instead of argument. It offers step-by-step guidance on the legal process, with each chapter well composed with all the relevant legal knowledge and terminology explanations. The last chapter, on legal aid and compensation, stands out for both clarity and rarity. Most books on this subject have no mention of this, let alone any details. In contrast, this handbook makes the assertion that "[l]egal aid is a right and not a matter of charity". This is a message that needs to go out far and wide across the country.

The glossary too is well done, with 70- odd frequently used legal terms that would help anyone involved in a legal battle (or even a journalist covering one) negotiate the unkempt maze of legalese.

Although this book is of good value to the English-speaking citizen, its translation into other Indian languages would help those whose human rights are perhaps in greater danger of violation.

HANDBOOK OF HUMAN RIGHTS AND CRIMINAL JUSTICE IN INDIA
THE SYSTEM AND PROCEDURE

South Asia Human Rights Documentation Centre (SAHRDC)
Oxford University Press
Price: Rs 595; Pages: xii+209