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