CEU Electronic Theses and Dissertations, 2008
| Author | Habeeb Mustafa, Abdul Azeez |
|---|---|
| Title | Equality of Arms as a Fair Trial Guarantee- A Comparative Study of India and European Court of Human Rights |
| Summary | This study is aimed at analyzing the extent of application of the principle of equality of arms as evolved by the jurisprudence of European Court of Human Rights as an effective mechanism of fair trial guarantee under Article 6(3) of ECHR on a comparative perspective with that of India. It identifies in the light of Convention, Constitutional provisions, legislative framework, the analysis of case law as well as writings of the scholars that India has been effective and enthusiastic in the application of the principle of ‘equality of arms’ in criminal trials greater protection than the standard and extent of procedural compliance guaranteed by the European Court of Human Rights. More particularly, the thesis examines procedural protection guaranteed of the rights of accused to defend their side on par with that of prosecution between these two legal systems, viz., national in the case of India and super national in the case of ECtHR. The enthusiasm for the application of the procedural equality by India has not been found with the ECtHR until recently. It is concluded that procedural equality that is guaranteed by India from the time of informal accusation until the time of final acquittal and at all stages whether pre-trial, trial, appeal or post-trial proceedings. |
| Supervisor | Bard, Karoly |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2008/habeeb_abdul.pdf |
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