conditions in jails and centres of detention in that State. The Commission therefore continued to monitor the situation in that State. In view of the fact that the International Committee of the Red Cross is now visiting all such sites on a regular basis, the Commission feels that its concerns for transparency and the humane treatment of those detained wilI receive enhanced attention. (E) HUMAN RIGHTS AND ADMINISTRATION OF CRIMINAL JUSTICE 3.61 Human Rights, both in their historical and contemporary understanding, have serious implications for society's moral, political and economic order. Implicit in that assumption is the importance of methods of protection and enforcement of the rights. Judicial protection under the municipal laws is a remedy where the right is merely recognised in the municipal laws accordingly becomes justiciable. But when .the rights are part of the constitutionally entrenched regime, the rights are not merely enforceable but act as a limitation on the legislative and executive power of the state. They provide an additional dimension to the methods of protection and enhance the content of Rule of Law and the concept of Judicial Review. 3.M The Commission has bestowed anxious consideration on the deficiencies, both substantive and procedural, of the criminal justice administration in India. Some amongst the more serious manifestations of these deficiencies are reflected in a distorted proportion between the numbers of convicted persons and under-trial prisoners in the break-up of the figures of the prisoner population. Nearly 80 percent or more of the prison inmates are under-trials. The rate of acquittals, in particular in heinous offences, is quite disturbing. 'It is almost 80 percent: The delays in trials have now become proverbial. 3.63 The situation is somewhat similar to lhe one that prevailed in the United Kingdom before the comprehensive legislative reforms in the criminal justice system were brought in by the Police and Criminal Evidence Act, d984. Describing the situation obtaining prior to that enactment, which was a sequel to the Phillips' Committee report, an eminent author said: "The' present law satisfies nobody. It is far too complex, contained in a miscellany of often archaic statutes and cases. Problems which are difficult enough as examination questions are trickier still for the 'policeman on the beat' who will often have to act without prolonged deliberation. If the rules are known their precise meaning may be uncertain. And when their meaning is clear their

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