Of late, it has become a fashion to talk of rights, rights and only rights by
every strata of human thinking. But there is a need to peruse much deep into and
beyond the labyrinth of rights. Therefore, in a welter of rights, the rights of an
accused form a kernel of entire human rights discourse at the infancial beginning of
21st century. Rights of the accused and transgression thereof are pervading all the
geo-political entity jurisdiction ever since the inception of human habitation on this
beautiful planet. No doubt there have been certain jurisdictions wherein the rights of
accused have been preserved, promoted and protected. All the revealed regimes and
divine discourses have been utopian, unanimous and united on the basic rights of an
accused. As early as in 1215, Magna Carta under Section 37 had provided a brolly of
protection of an accused regarding his rights and against any arbitrary arrest,
detention and confinement contrary to the procedure established by law.
The expression 'Human Rights' denotes all those rights, which are inherent
in our nature without which we cannot live as human beings. Among all species of
human rights, right to life receives precedence and is a sine qua non for the
enjoyment of other rights - which only supplements and extends the complete
meaning and content to the right to life. In the event of any invasion to this right,
other rights-which are subsidiary to this right becomes meaningless, since the
entire edifice of human rights jurisprudence is raised on the bedrock of right to
life.
Human rights are neither privileges nor gifts given at the whim of a ruler
or a government. Neither can they be taken away by any arbitrary power. They
cannot be denied nor can they be forfeited because an individual has committed
an offence or broken any law. If we look at the concept of human rights from the
Indian point of view we find that the concept of human rights is not alien to the
Indian Political thinkers and philosophers. They have expressed concern to secure
human rights and fundamental freedoms for all human beings everywhere since
the very early times of Vedic age. The Indian philosophy characterizes the
foundation of Human rights in ancient conception of Dharma and Danda which
regulated the governance of State and its citizens.
