3.
Illusions of a Process: Violating the Right to Fair Trial
Conclusion
This chapter has demonstrated that the FT process, as it currently operates, systematically denies
individuals the right to a fair trial. The improper construction of the burden of proof, the State’s
abdication of evidentiary responsibility, the denial of basic procedural safeguards, and the absence
of judicial accountability mechanisms together create a structurally unjust system. These deficiencies
not only violate Articles 14 and 21 of the Indian Constitution but also fall short of India’s obligations
under international human rights law. Without substantive reform—including clarification of legal
standards, enforcement of procedural rights, and creation of an effective appellate mechanism—the
FT system remains incapable of delivering justice in cases that carry life-altering consequences.
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