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The indiscriminate use of handcuffs or other hoops in case of an under-trial prisoner in India has significant implications for human rights. The practice violates which one of the
following articles of the Constitution of India?
Article 22
Article 19
Article 20
Article 38
• Handcuffing is a practice used by law enforcement authorities to restrain individuals who pose a potential threat to public safety or who are considered flight risks. In India, handcuffing has been a controversial issue, with many human rights activists arguing that the practice is a violation of an individual's fundamental rights. • In Sunil Batra v. Delhi Administration (1979), the Supreme Court held that the minimum freedom of movement which even an under-trial prisoner is entitled to under Article 19 of the Constitution, cannot be cut down cruelly by application of handcuffs or other hoops. • Further, Article 21 forbids deprivation of personal liberty except in accordance with the procedure established by law and curtailment of personal; liberty to such an extent as to be a negation of it would constitute deprivation. • Recently, the Karnataka High Court in Suprit Ishwar Divate vs The State of Karnataka passed a significant verdict while awarding two lakh rupees as compensation for handcuffing an accused, without recording the reasons in the police case diary, it gave liberty to the state to recover the amount from the delinquent police officer. • Hence, option (b) is the correct answer.
By: Parvesh Mehta ProfileResourcesReport error
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