Human Right Voilations in Maharashtra Control of Organised Crime Act, 1999

  • Nilanjan Jitendra Pande and Dr. Vivek Nemane
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  • Nilanjan Jitendra Pande

    LL.M. Student at Symbiosis Law School, Pune, Symbiosis International (Deemed) University, Pune, India

  • Dr. Vivek Nemane

    Assistant Professor at Symbiosis Law School, Pune, Symbiosis International (Deemed) University, Pune, India

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The research paper investigates the topic of Title: Human Rights Violations in Maharashtra Control of Organised Crime Act, 1999 was enacted with the noble goal of battling organized crime and eliminating criminal syndicates that constituted a substantial danger to public order and safety in the Indian state of Maharashtra. However, concerns have been made concerning MCOCA's conformity with human rights norms during its implementation and execution. This paper investigates the human rights violations that have arisen as a result of the MCOCA's implementation in Maharashtra. The legislation gives law enforcement agencies unprecedented power to combat organized crime, including the use of stringent provisions for preventive detention, increased admissibility of intercepted communication as evidence, and a reversal of the presumption of innocence for accused individuals. The major goal of this research is to look at how MCOCA implementation has resulted in violations of fundamental human rights, such as the right to a fair trial, the right to privacy, and protection against torture and other cruel, barbaric, or degrading treatment. It digs into the negative impact on the rights of suspects and their families, who are frequently forced to protracted incarceration without sufficient access to legal representation, resulting in a loss of the presumption of innocent until proven guilty. Furthermore, there is a request for the formation of an impartial monitoring body to routinely analyze and evaluate MCOCA implementation. This group would promote accountability and transparency in the implementation of legislation, as well as function as a check on possible abuse of authority by law enforcement authorities. The state of Maharashtra may demonstrate its commitment to both effective law enforcement and the preservation of fundamental human rights for all of its residents by correcting the highlighted weaknesses and implementing the offered suggestions.


Research Paper


International Journal of Law Management and Humanities, Volume 6, Issue 4, Page 1257 - 1284


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