File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Prisoner's Right And The Indian Laws

All men are created equal and with some fundamental rights from their creator. These rights are primarily the right to life and liberty, but they can also be taken away from someone and punished appropriately if they violate social norms. In the era of about three centuries ago, the treatment of prisoners was appalling due to their harsh treatment and lack of special provisions. Following a protracted legal battle, society came to the conclusion that prisoners have rights that ought to be honoured. Reintegrating convicts into society at large is the primary goal of prisons.

Fundamental Concept regarding the Topic

Every person has the same fundamental rights. Similarly, inmates have a certain amount of fundamental rights. The majority of the world's prison population has their human rights violated while they are incarcerated, which is just wrong because, despite being an offender, no one can take away his rights.

This is an attempt to start a conversation about the rights of prisoners, although a modest one. In order to place prisoner's rights back on the political agenda, such an endeavour entails attempting to encourage the recognition and growth of a variety of constituencies that are deeply involved in and informed about a range of penal issues4. It facilitates the hearing of their voices, the voices of their support networks, and the recognition of their identities and concerns in all of their diversity.

Although the Indian constitution did not specifically address prisoners' rights, it was decided in the State Of Andhra Pradesh V. Challa Ramkrishnan Reddy case that inmates are people with equal rights and will not be deprived of their fundamental freedoms.

A prisoner "does not cease to be a being human being while lodged in jail and while lodged in jail, he enjoys all his FRs as mentioned by the constitution, including Article 21-right to life," according to the Supreme Case.

The efficient Indian prison system has a number of unseen problems.

Today's prisons face the following major concerns, trends, and problems:

Overcrowding is a problem in the Indian jail system because there are fewer prisons overall yet they are also extremely overcrowded. Studies conducted in Asian nations have shown that over 30% of inmates are in undertrial or remand imprisonment, and in several of these countries, this percentage has increased to above 50%, according to the UN Global Report on Crime and Justice (2010). The report also notes that the number of those incarcerated increased by 52.6% between 1997 and 2007. Given the significant rise in the percentage of prisoners housed in prisons over the aforementioned period, more infrastructure, facilities, and staff members were required to support the large intake of inmates.

Mental Illness: Mental health problems affect more than half of the jail population. In addition to substance abuse, the majority of prisoners suffer from anxiety, depression, and other disorders. According to a study done by MM College in Haryana and the Government Medical College in Amritsar, 23.8% of the 500 prisoners housed there had mental health issues. This study originated from Central Jail in Amritsar, and it was assumed that the data and facts may also apply to other jails around the nation.

Racism: One issue that exists in jails is racism. Discrimination occurs in prisons based on disability, age, gender, colour, and religion. 8The most frequent cause of discrimination allegations was verbal abuse. being excluded from the rule; and regular favouritism, in which white inmates were purportedly given preferential treatment or better treatment.

Gang activity is a common occurrence in jails, where it provides a safe haven from a dangerous outside world and regulates social and economic activities, including the black market. Prisoners act in this way because they feel vulnerable, and joining a gang is one strategy to defend oneself from other prisoners.

Reintegration into society after a conviction is known as "Inmate Rehabilitation." The primary goal of contemporary penal policy is to prevent recidivism, or the recurrence of crimes.

Private Prisons: They represent a form of social inequality between the wealthy and the underprivileged. This increases staff turnover and lowers jail security, which encourages inmates to commit crimes repeatedly.

Constitutional And Other Statutory Provisions Relating To The Rights Of Prisoners In India

Article 21 of the Constitution states that any person-citizen or non-citizen-who is subjected to inhuman, cruel, or humiliating treatment will be subject to punishment. Similarly, the Prisoners Act of 1984 addressed prisoner abuse in particular. If an inmate is subjected to any abuse, it is the prison official's fault. The Indian court, particularly the Supreme Court, has been particularly watchful in recent years to prevent violations of the convicts' human rights.

Right to Legal Aid: Despite the fact that our nation's economy is complicated and that as a result, problems like poverty, destitution, and illiteracy occur, it is expected that the legal system will address these issues.

Legal aid guarantees the following:
  1. Right to Counsel;
  2. Equality before the law;
  3. A fair trial is a right.

The Indian courts has been instrumental in shaping the notion of legal aid and expanding its purview to ensure that convicts receive just treatment. The court held in M.H. Wadanrao Hoskot V. State Of Maharashtra that one of the requirements of the process is the right to legal help.

One of the essential rights of a prisoner stated in Article 21 of the Constitution is the right to a speedy trial. It guarantees a fair, reasonable, and just process. Additionally, it guarantees that the prosecution cannot arbitrarily postpone a criminal suspect's trial in order to further the state's social welfare goals and provide justice to the victims of the crimes.

The right to a prompt trial was originally addressed in the Magna Carta, a seminal work of English law. An abstract concept that deals with both justice and disposal is the right to a fast trial. In the seminal case of Husseinara Khatoon v. Home Secretary, State of Bihar, it was decided that an accused person's fundamental right under Article 21 is a prompt trial. In order to enforce their right to a prompt trial, anyone who has been denied that right may immediately petition the Supreme Court under Article 32.

Right to be free from torture, solitary confinement, handcuffing, and bar fetters: Black's Law Dictionary defines "solitary confinement" as: the general term for a prisoner's separate confinement, to which other people are only occasionally allowed access, and only at the jail authorities' discretion. In a stricter sense, however, it refers to a prisoner's total isolation from all human society, with his cell arrangement ensuring that he has no direct contact with, sight of, employment, or instruction from anyone.

According to the ruling in Sunil Batra v/s. Delhi Administration, solitary confinement should only be used in extreme circumstances when a prisoner poses such a risk to others that he needs to be kept apart from other inmates. Prisoners who are kept in solitary confinement experience dehumanisation and degradation. The most harmful abnormal environment is one in which convicts are kept in constant and unrelieved isolation. Long-term solitary confinement has terrible effects on the physical and mental well-being of people who experience it.

Right to acceptable wages: Inmates who are forced to labour in prison throughout their incarceration must always be paid a fair salary. The pay rate shouldn't be equal to or less than the minimum wage. In the case of Mohammed Ali Sudiddin v. State of Assam, the court ordered the State to consider this aspect when deciding how to pay prisoner salaries and to apply wage policy retroactively.

The court determined that labour extracted from the convicts without sufficient compensation constituted "forced labour" and violated article 23 of the constitution in the P.R.E. of Wages of convicts case. Right to consult a lawyer and to meet friends Prisoners are given mental as well as physical protection. People have the right and necessity to meet for the purpose of exchanging information. As their legal agents, consult attorneys have a direct impact on the case of the convicted party.

When friends and family visit, it provides them with the emotional stability they need to survive in an environment where people are strangers to one another. In the case of Francis Coralie Mullin v/s The Administrator, Union Territory Of Delhi And Others, the Supreme Court ruled that inmates are permitted to visit their loved ones and solicitors without facing severe limitations, but they are not permitted to socialise with people outside of the jail.

Right to see friends and to seek legal advice Inmates receive both physical and psychological protection. It is both necessary and right for people to get together in order to exchange information. Consult solicitors directly affect the conviction party's case as their legal representatives. They get the emotional stability they require to survive in a setting where people are strangers to one another when friends and family come to visit. The Supreme Court decided in the case of Francis Coralie Mullin v/s The Administrator, Union Territory Of Delhi And Others that prisoners are allowed to see their loved ones and solicitors without experiencing significant restrictions, but they are not allowed to interact with persons outside of the jail.

The United States Supreme Court ruled in Manna v/s People of Illinois that life is more than just existing. It is impossible to dispute the humanity residing behind the prisons. There is no need to emphasise the value of every person's acknowledged rights, thus it is the responsibility of the legal system to defend the inmates' fundamental rights. The Gandhi cap ban in Himachal Pradesh prisons was recently lifted by the authorities. The jail administration hosts a number of seminars aimed at educating the inmates about HIV/AIDS, mental health concerns, health and sanitation difficulties, and their legal rights.

The open prison system has emerged as a highly efficient and contemporary substitute for the closed jail system. In addition to assisting in the transformation of the Indian jail system's outdated and colonial mindset, these approaches also assist in assisting the inmates in becoming more capable, responsible, and law-abiding members of society. Although some progress has been made in improving jail conditions, much more work needs to be done. To effectively centralise prisons, the central government should take the necessary actions in collaboration with NGOs and prison administration.

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


How To File For Mutual Divorce In Delhi


How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage


It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media


One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...


The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...


The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...


Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online

File caveat In Supreme Court Instantly