“The Fundamental Right to Speedy Trials: Endless Investigation Vs Fair Prosecution”, 10 April 2021
Scope and Contents
The Upendra Baxi Collection is a digital collection that currently comprises a single series, Bibliography. This series is organised into several subseries, including Published Academic Articles, Published Book Chapters, Published Books, Published Book Reviews, Published Lectures and Presentations from Conferences and Seminars, Newspaper Articles, Letters and Correspondence (Mathura Rape Case), Other Media, and Media Articles by Others on the Mathura Rape Case.
Dates
- Publication: 10 April 2021
Creator
- Upendra Baxi (Author, Person)
- Sharunya (Archives Intern, Person)
- Meghashree Dev (Processing Archivist, Person)
Full Extent
From the Collection: 250 Megabytes
Language of Materials
English
Abstract
Baxi analyzes the "fundamental right to a speedy trial" as a component of Article 21. He critiques the "endless investigations" and "prolonged incarceration" of undertrials without charges. The article argues that the "process is the punishment" in India. Baxi calls for a "fair prosecution" that respects "time-bound justice." He posits that "justice delayed" is not just a cliché but a "systemic violation of human rights." The synopsis captures his plea for the judiciary to set "strict timelines" for trials and to hold "erring investigators" accountable, ensuring that the "sword of Damocles" does not hang over the innocent for decades. In India Legal.
Topical
Repository Details
Part of the NLS Law and Society Archives Repository