A.G. Noorani and South Asia Human Rights Documentation Centre

in Challenges to Civil Rights Guarantees in India

Published in print January 2012 | ISBN: 9780198074144
Published online September 2012 | e-ISBN: 9780199080823 | DOI:

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Although the Indian Constitution protects the rights to life, personal liberty, and freedom from basic human rights violations, widespread impunity exists for police, security, and other government officials who commit such violations. Indeed, impunity is the quintessential civil rights issue facing India today. This chapter explores the problem of official immunity and sovereign immunity in India, the failures of Supreme Court jurisprudence to create an effective remedy in tort or public law adjudication for compensation to victims of constitutional rights violations, and how the current system of impunity not only perpetuates human rights abuses but is also contrary to international human rights standards. It also discusses official immunity and prosecution under Indian law, immunity in the Criminal Procedure Code, and immunity in national security and counter-insurgency as well as counter-terrorism laws.

Keywords: impunity; immunity; Criminal Procedure Code; Supreme Court; counter-terrorism laws; human rights; prosecution; compensation; tort

Chapter.  9406 words. 

Subjects: Human Rights and Immigration

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