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Analyzing The Right To Fair Trial Under Article 21 Of The Indian Constitution: A Case Study Of Criminal Trials In Lower Courts




Akshay M, BA LLB, Christ (Deemed To Be University), Bengaluru


ABSTRACT


This research paper delves into the constitutional guarantee of the right to a fair trial as enshrined in Article 21 of the Indian Constitution1. The right to a fair trial forms the bedrock of a just and equitable legal system, and this study specifically investigates its application in the context of criminal trials within the lower courts of India. With an examination of real-world cases and the exploration of the challenges faced in ensuring fair trials, this research contributes to the broader discourse on human rights and legal reforms in India.


The study combines a comprehensive literature review with a case study approach, scrutinizing specific cases to unearth the practical issues and roadblocks that hinder the realization of the right to a fair trial in lower court settings. Common issues such as trial delays, limited access to legal representation, and socio-economic disparities affecting the delivery of justice are explored.


Furthermore, this paper offers potential reforms and policy recommendations that aim to strengthen the protection of this fundamental right. These recommendations encompass procedural improvements, legal aid enhancement, and measures to fortify the independence of the judiciary. By analyzing the real-world challenges faced in criminal trials within lower courts and proposing pragmatic reforms, this research contributes to the ongoing dialogue on safeguarding the right to a fair trial and ensuring access to justice for all citizens in India.


Keywords: Fair Trial, Indian Constitution, Criminal Trials, Legal Reforms, Access to Justice

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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