Analysis Of Hussainara Khatoon Judgement

JURISPRUDENTIAL ANALYSIS:-
In the present case, there are two schools which are or can be described vividly to understand the jurisprudence behind hussainara khatoon judgement. Here firstly as mentioned in the facts the prisoners were kept undertrial for minor offences in about 5-10 years also the rich are released on bail though they were more responsible and liable for the offence made but at the same time the poor victims who were not liable but had not enough bail money so they had to remain bars At this very point the positivist school comes into consideration because in positive school they say that the law come from human authority it doesnot see whether the law is good or bad, just or unjust but the law should come from a political superior to a
he should be determinant body, habitually obedient, identifiable person, not follow anyone only give orders. In this case the prisoners had committed certain offences and were punished for the same here the punishment is the sanction and the command was from a human authority which is the court but everyone is dutybound to follow . it also the law doesnot see the ethics and morality which is clearly observed in this case all the man, women and even children were arrested but the law did not see there circumstances, reasons behind the offences they just observed that the law was not followed so they have to be punished but later it was observed and proved that the law was not just one cannot follow the orders of a single person because there is no equality in it and a law can only be called a law if it is just because if a law is not just not equal than there is no need of any law here the theory of NATURAL LAW comes into existence it says that a law should be just, fair and means, a law should be normative people should not follow the law because it is a law but they should follow it because that law is just. The main of natural law is that everything has a purpose and law should