Commentary On The Case Of Citizens For Democracy Vs State Of Assam

Sharath S Pillai, Symbiosis Law School, Symbiosis International University, Pune

ABSTRACT

Human rights violations today, are one of the prominent issues detrimentally affecting citizens around the world. One such violation that is yet be better recognised is the deprivation of a person’s liberty when subjected to handcuffing by the police. According to current rules, everyone in custody— whether they are a prisoner awaiting trial, a detainee, or even a prisoner who has been found guilty—has already lost their freedom. Such loss of liberty, and such deprivation only is permissible by Article 21 of the constitution, which provides that no individual shall be deprived of his life or personal liberty unless pursuant to method provided by law. he use of iron fetters or handcuffs at the whim of the escorting officer or jail officials. This paper will analyze the landmark case law which recognised this issue and led to the passing of the Supreme Court's orders which prevented the arbitrary placing of iron fetters on any detainee.