Magistrates & Constitutional Protections

FOCUS

Magistrates & Constitutional Protections An ethnographic study of first production and remand in Delhi courts was published by National Law University, Delhi in May 2024. The Thakur Family Foundation funded the research, with support from Project 39A.

This study examines the process of producing a person under arrest in front of the magistrate for the first time, and the consequent remand hearings. It focuses on how constitutional protections for liberty and safety in custody, as outlined in Articles 21 and 22(2), are implemented in magistrate courts in Delhi.

Challenging the common belief that only higher courts engage with constitutional law, this study explores the application of core legal protections that significantly impact the prevention of arbitrary arrest, detention, and the right to a fair trial. During the first production stage, which occurs within 24 hours of an arrest, the judiciary evaluates the grounds and legality of the arrest. Additionally, the court assesses whether the accused has legal representation, evaluates their safety in custody, and makes decisions regarding bail and continued detention. 

Adopting an ethnographic approach, the study examined over 700 routine criminal cases across six district court complexes in Delhi. A team of eight researchers observed formal and informal interactions among various court participants from November 2022 to February 2023. The research team was unable to observe proceedings that took place outside of regular court hours and at the magistrates’ homes. Additionally, the study includes interviews with both sitting and retired magistrates, as well as informal conversations with lawyers, court staff, activists, accused individuals, and their families.

The 188-page document consists of five chapters. After the Introduction, Chapters 2 and 3 provide an ethnographic account of the Arrest Memo and the Medico-Legal Certificate. Chapter 4 examines the role of the magistrate and evaluates the impact of the dynamics of court hearings on these proceedings. Finally, Chapter 5 discusses the personal experiences of the researchers. 

    FACTOIDS

  1. The report notes that 75.8 per cent of prisoners living in understaffed and under-resourced prisons are undertrial. Individuals from socio-economically marginalised groups spend a large part of their sentence in these prisons before being tried by the court.

  2. Examining data from the Commonwealth Human Rights Initiative the report notes that between 2010-2020, nearly 63 per cent of all custodial deaths happened within 24 hours of arrest or before the person was produced in front of the magistrate.

  3. The study revealed that magistrates commonly requested the Arrest Memo and Medico-Legal Certificate during proceedings. However, the absence of a standard format led to unclear requirements, often resulting in overlooked rights of the accused. The administrative staff played a key role in coordinating productions and verifying paperwork.

  4. The process places the burden on the accused to report violations to the magistrate, who rarely interacts with them. These proceedings were often conducted in magistrates’ chambers without legal representation or remand lawyers. The lack of a Body Inspection Memo – which requires that the police include the details of any major and minor injuries visible on arrest – in many cases adds to the inadequate attention given to custodial violence and safety of the accused.

  5. These proceedings are noticeably absent from cause lists and are heard randomly alongside other cases, undermining their importance. While constitutional and statutory protections govern arrests and custody, magistrates have no clear framework to address breaches of these safeguards, the report notes.

  6. The study concludes that jurisprudence has failed to recognise the magistrate's vital role in safeguarding the accused's life, liberty, safety, and dignity. It also highlights the lack of clarity in the law regarding what constitutes a breach of arrest and remand safeguards and the associated consequences.


    Focus and Factoids by Prathima Appaji.

AUTHOR

Jinee Lokaneeta and Zeba Sikora

COPYRIGHT

National Law University, Delhi

PUBLICATION DATE

May, 2024

TAGS

#law #custodial-violence #magistrate

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