Criminal Justice System and Social Laws

The government makes certain laws to protect people from exploitation. The government has to ensure that these laws are implemented. Some of these laws are:-

According to social law, all are equal before the law irrespective of rich, poor, male, female, black, white, upper caste or lower caste. The Constitution does not give the right to discriminate anyone on basis of the language they speak, the color of their skin, the religion they follow, the culture they have and the caste they belong to.

The Prosecutor is a lawyer representing the state or the people of the state in criminal trial.
The role of the Public Prosecutor begins once the police has conducted the investigation and filed the charge sheet in the court.
He represents the interests of the State and conduct the prosecution on behalf of the State.
The Public Prosecutor is not involved in the investigation that is conducted by the police.

Article 22 of the Constitution and criminal law guarantee to every arrested person the right to defend by a lawyer. The article provides that it is the right of the arrested person to be presented before the Magistrate within 24 hours of arrest. It is the right of the arrested person that the confession made in police custody cannot be used as an evidence against the accused.

When we see someone violating the law, we immediately think of informing the police. After a person is arrested, it is a court of law that decides whether the accused person is guilty or not. According to the Constitution, every individual charged of a crime has to be given a fair trial.

The judge is like an umpire in a game and conducts the trial impartially and in an open court. The judge hears all the witnesses and any other evidence presented by the prosecution and the defense. The judge decides whether the accused person is guilty or innocent on the basis of the evidence presented and in accordance with the law. If the accused is convicted, then the judge pronounces the sentence. He may send the person to jail or impose a fine or both, depending on what the law prescribes.

In court, it is the Public Prosecutor who represents the interests of the State. The role of the Prosecutor begins once the police has conducted the investigation and filed the charge-sheet in the court. He/she has no role to play in the investigation. The Prosecutor must conduct the prosecution on behalf of the State. As an officer of the court, it is his/ her duty to act impartially and present the full and material facts, witnesses and evidence before the court to enable the court to decide the case.

Key players of the criminal justice system are as follows:-

Article 21 of the Constitution, that guarantees the Right to Life, states that a person’s life or liberty can be taken away only by following a reasonable and just legal procedure. A fair trial ensures that Article 21 of the Constitution is upheld. The Constitution and the law both state that all of the persons should carry out their roles in a proper manner. What this means is that they all need to work to ensure that every citizen, irrespective of their class, caste, gender, religious and ideological backgrounds gets a fair trial when accused. The rule of law which says that everyone is equal before the law would not make much sense if every citizen were not guaranteed a fair trial by the Constitution.

We can be prejudiced about things such as:-

Merely making laws is not enough, the government should ensure that these laws are implemented. This means that the law must be enforced. Enforcement becomes even more important when the law seeks to protect the weak from strong. The government should ensure that every worker gets fair wages, the government should inspect the work sites and punishes those who violate the laws. Through making, enforcing and upholding the laws, the government can control the activities of individuals and companies to ensure social justice.

In India employing children in begging for illegal gains is an offence both legally and morally. It obstructs the development of a child while ruining future prospects for him/her.

The marriage of a child below 18 years of age is Child Marriage. In India, Child Marriage was prevalent in ancient society. Child Marriage has been made an offense by enacting The Prohibition of Child Marriage Act, 2006 which provides for provisions to prohibit Child Marriage, punishment for persons who abet, promote and solemnize Child Marriage.

Alcohol, Drugs are called intoxicants because of their ability to weaken physical and mental ability when intake occurs in a Body. Excessive use of Intoxicant cause addiction which is seriously detrimental to health. It is found that the desire for intaking excessive intoxicant is a mental disorder where one cannot resist or repel from intaking these harmful substances.

Some children that show delinquent and criminal behaviour are called Juveniles. They are of the Age group between 16 and 18. These are the children who are in conflict with the law. They are sent to the counselling center where their behaviour is observed and a friendly environment is provided to bring about changes in their delinquent behaviour.

The crimes done by children between the age group of 10 to 14 years are termed as juvenile crimes. It is also termed as the participation of minors in illegal works. Examples of juvenile crime are theft, murder, assault, tobacco offenses etc.

 Following are the reasons for children to engage in crimes:-

In India, Child is the person who is below the age of 14 years. The Constitution Prohibits child labour explicitly and strongly by making the ban a fundamental Right. The Child Labour (Prohibition and Regulation) Act also prohibits the employment of a child in any industry, factory or domestic purpose and makes it a punishable offence for whoever found employing child labour.

The use of narcotics causes the following problems:

The use of intoxicants changes everything from body to the society where we live. Drugs and alcohol can have a very negative effect on our lives. It causes health complications, financial problems, social issues, family disputes infections, legal problems etc. Intoxicants cause anxiety, personality disorder, depression, mood disorder. All these things separate the person from his/her family and the society.

The use of narcotics and psychotropic drugs is increasing in society especially among the youths. Drugs are advised to be consumed in severe medical conditions by the doctors because of their properties of relaxing muscles and amplifying positive feeling. The abuse of these drugs has started as these are available illegally in the market. 

The crimes done by children below fourteen years of age are called juvenile crimes. They are called juvenile offenders. A juvenile is a child who is alleged to have committed certain acts or omissions which are in violation of any law and are declared to be an offense.

The use of narcotics is increasing in the society. Those who believe that the use of intoxicants such as tobacco, liquor, cocaine, etc can be controlled, may yield to them gradually.Then they become addicted to them. The use of narcotics causes health problems in individuals, family problems, social-avoidance, etc. The excessive use of intoxicants is a mental disorder.