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LONGISH TERM PAPER –I

ON

THE RIGHTS OF PRISIONERS

SUBMITTED BY

Ms. DEEPIKA.J.SAKHARE Ist Year LL.M.

GUIDE

Ms. DEEPALI PATIL Asst Prof

POST GRADUATION TEACHING DEPARTMENT OF LAW (SEMESTER I – NOVEMBER,2011)

DECLARATION

I HEREBY DECLARE THAT THE LONGISH TERM PAPER-I ENTITLED ―THE RIGHTS OF PRISIONERS‖ SUBMITTED BY ME IS THE RECORD OF WORK CARRIED OUT BY ME DURING SEMESTER- I OF FIRST YEAR LL.M. COURSE FOR THE ACADEMIC YEAR 2011-12 UNDER THE GUIDANCE OF MISS. DEEPALI PATIL, ASSTT

PROFESSOR AND HAS NOT FORMED THE BASIS FOR THE WARD OF ANY DEGREE, DIPLOMA, ASSOCIATE SHIP, FELLOWSHIP, TITLES IN THIS OR ANY OTHER UNIVERSITY OR OTHER INSTITUTION OF HIGHER LEARNING. I FURTHER DECLARE THAT THE MATERIAL OF THIS L.T.P. IS MY ORIGINAL WORK AND I HAVE NOT COPIED ANYTHING FROM ANY REPORT OF THIS NATURE. THE MATERIAL OBTAINED FROM OTHER SOURCES HAS BEEN ACKNOWLEDGED IN THIS RESEARCH WORK.

PLACE: PUNE DATE: / / 2011

(Ms. DEEPIKA J. SAKHARE)

CERTIFICATE

THIS IS TO CERTIFY THAT THE LONGISH TERM PAPER-2 ENTITLED ― THE RIGHTS OF PRISIONERS‖SUBMITTED BY Ms. DEEPIKA.J.SAKHARE, IS THE RECORD OF WORK CARRIED OUT DURING SEMESTER I OF FIRST YEAR LL.M. COURSE FOR

THE ACADEMIC YEAR 2011-12 UNDER MY SUPERVISION AND GUIDANCE IN CONFORMITY WITH THE SYLLABUS PRESCRIBED BY UNIVERSITY OF PUNE.

PLACE: PUNE DATE: / /2011

(Miss. DEEPALI. T .PATIL) Asst Prof GUIDE

ACKNOWLEDGEMENT

Firstly, I would like to thank my Principal Mr. Rasheed Shaikh for giving an opportunity to undertake this research work and successfully accomplishing the same.

I would like to thank my guide Asst Prof

Miss. Deepali Patil, & Head of the

Department (HOD) Dr. Payal Thaorey for their valuable guidance and for being a solvency of inspiration and encouragement, enabling the research work and to complete research work successfully.

Last but not the least; the researcher would like to thank all the background supporters, who have spent their valuable time to support me throughout the studies of accomplishment. Research & its

Dated :

,November,2011

(Ms. DEEPIKA.J. SAKHARE)

ABBREVIATIONS USED

A I R. --- ALL INDIA REPORTERS JT-------- JUDGMENT TODAY SC--------SCHEDULED COURT S C C----SUPREME COURT CASES S C R----SUPREME COURT REPORTER HRC--- HUMAN RIGHTS COMMISSION UDHR- UNIVERSAL DECLARATION OF HUMAN RIGHTS

1.1 Enlightenment on various Rights of Prisoners.2.INDEX No 1 Introduction 1.2.1Aims and Objectives of Research 1.3Research Problem 1. 1.5.2 Freedom of speech and expression 2.2Significance Of Study 1.2.2.1 No discrimination between prisoners 2. First Jail Reform Committee Second Jail Reform Committee Fourth Jail reform Committee Prison Act of 1894 Jail Reform Committee of (1919-1920) Contents Page No I 3 CHAPTER NO 2 CONSTITUTIONAL AND LEGISLATIVE PERSPECTIVE 2.3 Protection from double jeopardy 2.in brevity 2.4 Life and personal liberty .1.2 Rights of Prisoners under Indian Constitution. 1.4Hypothesis 1.4.5Research Methodology 2 CHAPTER NO 1 A HISTORICAL OVERVIEWS OF PRISION REFORMS IN INDIA 1. 2. 1.3.2.

b) Judicial Activism. III. torture d) Against inhuman treatment e) Meet friends and consult lawyer f) Reasonable wages in prison 2.3 RIGHTS OF PRISONERS UNDER OTHER STATUTORY PROVISIONS. 2.3.2 All India Jail Manual Committee(1957-1959) All India Committee on Jail Reforms (1980-1983) 7 CHAPTER NO. 5 CHAPTER No 4 CUSTODIAL TORTURE 6 CHAPTER NO. National commission for women on ―Custodial Justice for Women‖ 2.6 COMPRATIVE ANALYSIS 7 CHAPTER No 7 I.2. Delhi Administration-1978-in brevity.5 PRISON REFORMS IN THE PRESENT LEGAL SYSTEM 5.1 5.3 Rights of Non-citizens.5 Rights guaranteed under Art 22(1) and (2) 2.a) Speedy trial b) Solitary confinement c) Handcuffing and bar fetters.2 Under various prisons Acts 2..3. a) Sunil Batra Vs. CRITICISM CONCLUSION SUGGESTION .3. II. 4 CHAPTER No 3 JUDICIAL ACTIVISM AFTER THE LANDMARK DECISION OF SUNIL BATRA’S CASE.1.

II BIBLIOGRAPHY PRIMARY SOURCES (a) (b) List of Cases List of Statutory Documents SECONDARY SOURCES (a) (b) List of Text book List of Web Sites Referred .

but if any person doesn‘t comply with the ethics of the society then that person is deprived of these rights with punishment 1 and this is known to be a criminal and the person who is punished shall be consider as a prisoner. therefore the place where the criminals are kept away from the society such place is known as ―prison‖. The term prison consists of rooms which are known as ―cell‖ and the criminals who kept in prison are known as prisoners. The rights of civil and military prisoners are governed by both national and international law. the Unit Nations' Minimum Rules for the Treatment of Prisoners and the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. These basic rights are mainly right to life.1 Aims and Objectives:- Many experts believe that the main objective of prison is to bring the offenders back to the mainstream of the society.COM .LEGALSERVICEINDIA. International conventions include: the International Covenant on Civil and Political Rights. and liberty. The prisoners are of two types one is men prisoner and another is women prisoner and there is separate prisons made for men and women. As the function of the state is to maintain peace in the society it is necessary that the criminals shall be kept away from the society.INTRODUCTION All human beings are born equal and endowed by their creator with some basic rights. in other words to reform the criminals and make them able to 1 WWW. 1. Therefore the prisoner means in the simplest sense the offender who commits an offence punishable by law.

and right to move free in jail in particular period. right to read books. . Therefore with these Para‘s researcher concludes that the criminals are kept in jail for reformation so that they will become able to live in society peacefully. right to take education etc. 1. convention. Therefore for accomplish these objects they have provided basic right for their reformation which are very essential. for imprisonment in ‗prison‘. writs and fundamental rights guaranteed by Constitution of India along with decisions of Supreme Court. standard living conditions guaranteed to the prisoners as per prison manual.2 SIGNIFICANCE OF STUDY AND SCOPE OF WORK:- a) Significance of study:The topic of research is ―Constitutional Rights of Prisoners-Recent Judicial Trends‖ Researcher choose this topic to study. abuse by jail guards make impact on human rights. and therefore it is the duty of the state to provide these rights to the prisoners. These rights are most essential rights to accomplish the purpose of punishment.e. The ultimate purpose of punishment is to send them in prison for reformation. but being subjected to physical and verbal torture. Our father of the nation namely Mahatma Gandhi also took efforts to reform the criminals According to him ―Hate the crime and not the criminal‖ The Indian socio-legal system is based on non.live in society peacefully. Too many complaints on human rights violation of detainees in the prisons from across the country. novels.violence. mutual respect and human dignity of individual. he ceases to be a human being and that he can be deprived of those aspects of life which constitutes human dignity. so this topic which researcher has chosen of ―Constitutional Rights of Prisoners-Recent Judicial Trends‖ is of more importance. analyze the rights. Power vested in the authority and misuse of it by the authorities. If a person commits any crime it does not mean that by committing a crime. constitution of India. Therefore our Indian legal system provides equal rights to men as well as to women and same applies in case when they go behind the bars i. Therefore prisoner can only be reformed by providing them certain rights in prison such as right to food. Being put behind the bars is one thing. news papers. What are the rights available to the prisoners in the prison?—it has to be studied in the light of various covenants. And real conditions of prisoners in the prison and what are the judicial trend in respect of these rights.

articles. and cases and also used online study material. Rights available to them along with the decisions of Supreme Court and failure of state machinery to guarantee those rights in the prison.5 Research Methodology:- For this longish term paper researcher followed the doctrinal research methodology. Constitution of India. c. Their rights are often violated by the Prison Authorities. law journals.4 Hypothesis:- The Indian Constitution has given various rights to the Prisioners but these rights are often violated by the Prison Authorities by mis-using their powers. . 1. d.b) Scope of Work:- The Scope of Work of this research is as under: a.there are various rights which are guaranteed to the Prisoners. and International Covenant on civil and political rights. Critically analyses the arbitrary action of jail guards with the prisoners. To critically analyses the availability and real implementation of rights of prisoner which leads to violation of those rights. are still entitled to basic human rights. 1. In that researcher used various text books. To study various rights available to the prisoners under the Criminal Procedure Code.but the Prisoners suffers from custodial violence. b. The movements for rights of prisoners are based on the principle that prisoners even though they are deprived of liberty. e. Universal Declaration of Human Rights.3 Research Problem:- Under the Indian Constitution. To study the constitutional status of prisoners. 1.

sane and insane.1 edition page 412 st . the criminals are kept in prisons which are away from the society and this place is known as ‘prison‘. overcrowded and filthy. Prison system is existed in India from the ancient time. convicted and un convicted. They imprisoned debtors who could to pay off their creditors.Malic and Dr.K. delinquent juvenile. young and old.C. prisoners and punishment was brutal and barbaric. submitted to Governments on the prison conditions in Indian therefore various prison reforms2 were suggested in the Indian prison system.CHAPTER I HISTORICAL OVER-VIEW OF PRISON REFORMS IN INDIA Prison system means the administration of jail it means that management of jail authority about the prisoner.Rawal.Allahabad 2007. All types of prisoners were herded together with no separation of men and women. etc jails were mostly dark. Recognition of the human being in the convicted offender is an idea that has been accepted after a long struggle with the state.Law and social transformation in India. In the ancient period the attitude to prisons. 2 Refer K. Until the late 18th century. they usually exploited by jail authority but after independence several reforms are made and basic rights are given to the prisoners and thereby lots of development have taken place in the jail system. In order to fully appreciate the magnitude of the problem and the parameters relevant to reforms in the context of human rights.P. commissions were set up. Before independence the prisoners were treated as a slave. prisons were used as debtor‘s prisons. As the purpose of the punishment is to reform the criminal. Different countries imprisoned debtors. it would be desirable to look at the evolution of prison administration over the years. In India various committees. Different countries imprisoned debtors who could not pay off their creditors. they published their reports.

First Commission (Lord McCauley Commission) was appointed. general introduction of indoor work. There was no uniform code to give punishment. And 640 cubic ft. 1. Second commission of jail management made specific recommendation regarding the accommodation. fourth and fifth committees also were constituted on the reformation on jail administration and different recommendations were given by them and accepted by the governments. which recommended that a central jail should be constituted. Jailors were normally cruel persons.3) Fourth Jail Commission—1888 . who can inspect from time to time the administration of the jails in the State. who recommended the abolition of outdoor labour. Besides these third. improvement in diet. minimum required space for one prisoner as 54 sq.ft. some though arose for in the hope of prisoner reformation. 1. bedding. and separation of female and children from adults. and for the appointment of Medical officers in jails.1) First Jail Reform committee Due to the efforts of Lord McCauley the first jail reform committee was constituted. 1. Classification of the criminals and made the provisions of 15% solitary confinement at every central jail. better classification of convicts. and medical care of the prisoners.2) Second Jail Reform Committee In the year of 1862. second jail reform committee was constituted.. In 1835. and in these jails such prisoners should be kept who are undergoing imprisonment for more than one year. careful separation of untried prisoners. the institution of central or convict prisons. The meaning of the punishment itself was to crush the prisoner. In every state a Prison Inspector should be appointed. But in 1835. medical officers and medical facilities at every central jail.Before independence the Conditions of the prisoners were harsher than animals. cloths and food of prisoners. These jails should be in position to keep 1000 prisoners at a time. This committee suggested improvement of living accommodation. clothing. and the regulation of prison system generally by employment of inspectors of prisons were the main recommendations of this report.

Some important merits of the Act are as: (a) in this act uniformity was given to all the prisoners. was passed which is based on 1888 jail commissions report and is still governing the management and administration of prisons in India. This committee gave the suggestions as: 1) The child offenders should be treated differently. It was of the opinion that uniformity could not be achieved without enactment of a single Prison Act. 2) Modern jails should be constructed and . It also recommended the setting up of jail hospitals. 1. This Act. 1946 A Committee was constituted in the year 1946 for the jails. 1894. This committee wrote that.6) Jail Reform Committee.Jail Commission made an exhaustive inquiry into all matters connected with jail administration. was based on deterrent principles concerned more with prison management than with the treatment of prisoners and gave more consideration to prison offences and punishments than to their effect. improvement was only required in the field of food. With the Indian Jail Committee 1919-20 in 1919. (b) Steps were taken for the classification of the prisoners. according to which prison was made the subject of the state. It is our 2nd principle. due to which speed of the reformation of the jail went down and today the position of the jails is different in every State. as it is. health and labour. This committee studied the jails in the country and abroad and concluded that in Indian Jails. 1. the Government of India Act was introduced. ‖When the prisoners are in jails they should not be only thought to have stopped the commission of offence in future but. 1.5) Indian Jail Committee of (1919-20) An Indian Jail Committee was constituted headed by Sir Alexander Cardio.4) Prison Act of 1894 The prisons Act. affect then to reform their character. (c) Flogging was stopped and nature of punishment changed. which we understood that should be accepted. not in any other field.

Right to protection against being forced into sexual activities. 15. 11. water and shelter 9. 10. Rights of women prisoners. Right to speedy trial. 6. Right to basic needs such as food. Right to free legal services.Right not to be punished with solitary confinement for a prison offence. 12. 14.Right against torture. 16. 5. Right to be lodged appropriately based on Proper Classification.1 Enlightenment on various Rights of Prisioners. Special Right of young prisoners to be segregated from adult prisoners. Right to have interviews with one‟s Lawyer. cruel and degrading punishment.3) The classification of the offenders should be scientific: a) Child offenders. CHAPTER-II CONSTITUTIONAL AND LEGISLATIVE PERSPECTIVE 2. d) Casual offenders. .Right to air grievances and to effective remedy. e) habitual offenders f) mentally diseased offenders and g) Handicapped offenders.in brevity :- 1. 13. Right to bail. 4. 7. b) adult offenders. Right to healthy environment. 17.Right against being detained for more than the period of sentence imposed by the court.Right against arbitrary prison punishment. 3.Right to evoke the writ of habeas corpus against prison authorities for excesses.Right against arbitrary use of handcuffs and fetters. 2. 8. c) women offenders.

Yet.18.Right to information about prison rules. he must 3 AIR 1983 SC 473 .RIGHTS OF PRISONERS UNDER INDIAN CONSTITUION: The Constitution of India guarantees various rights to human beings majority of them are fundamental rights and judiciary plays a significant role to protect these rights in the light of their various decisions. . 23. 24.Right in the context of employment of prisoners and to prison wages.Right to emergency and reasonable health care.Right to rehabilitation and reformative programmes. 19. 2. 21. Prison jurisprudence recognizes that prisoners i. Section 303 says that if a person under a sentence of life imprisonment in jail commits a murder. women as well as men. The petitioner challenged the validity of section 303 of Indian Penal Code.e.2 RIGHTS OF PRISONERS UNDER VARIOUS LAWS 2. Prison jurisprudence recognizes that prisons should not lose all their rights because of imprisonment. 1860. This article says that there shall not be any discrimination in the jail between the prisoners punished with rigorous imprisonment irrespective whether he is rich of poor and from good family background or criminal background all would have to undergo the Same kind of compulsory work.1. women as well as men. 20. magazines. 22. In view of Article 14 of the constitution of India the different punishment for the same kind of offence is also bad in law therefore the court in the case Mithu vs.Right to visits and access by family members of prisoners.e. Let us discuss the rights which are guaranteed by the constitution of India along with the decisions of the Supreme Court which are given as follows:- No Discrimination between prisoners After 14 of Constitution of India provides for the equal treatment to the prisoners under the same circumstances and consequently bars arbitrary classification or biased preferred special treatment amongst them.Right to be compensated for violation of human rights. there is a loss of rights within custodial institutions.2. etc. State of Punjab3. These rights are guarantees and protected by the judiciary a particularly by the Supreme Court to both the prisoners i.Right to write letters to family and friends and to receive letters. which continue to occur.

Therefore with view of above provision. had written his autobiography in jail. the researcher concludes that the protection of Article 14 i. i. therefore shall not be any discrimination between prisoners on the grounds of rich prisoner and poor prisoner as well as family background of prisoners. IPS and other officers.e. This discretionary power is not given of section 303 is arbitrary and not justifiable because death sentence in section 303 is mandatory. Rajgopal v. As imprisonment suspends the right to movement or residence under article 19(1) (d) & (e). State of Tamilnadu4. while the same is discretionary in section 302 for the same offence. In the historic judgment in R.e. murder. The autobiography depicted a close nexus between the prisoner and several IAS. The courts have discretionary power to award any one of the two punishments in a case of section 302. could take action for damages after the publication of such material if they prove that the publication was based on false facts. Freedom of Speech and Expression It is one of the significant right or prisoner. In this case the condemned prisoner Auto Shankar who was convicted for six murders and sentenced to death. Thereby all the prisoners should be treated equally in the jail. Equality before law and Equal protection of law is also applicable to the men as well as women prisoners in the jail. Whereas section 302 provides that if a person commits murder he may be punished with the death sentence or the sentence of life imprisonment. some of whom were indeed his partners in several crimes. The court held that ―It is enough for the press to prove that he 4 (1994)6 SCC 632 . and struck down section 303 of the Indian Penal Code. The imprisonment or confinement do not suspends all the freedoms and he can enjoy those freedoms as for as possible with the reasonable restrictions of imprisonment. The Supreme Court agreed with arguments of the Petitioner. The Court held that no action could be initiated against the press if the publication was based on public records including court records.be awarded sentence of death. Public authorities who apprehend that they or their colleagues may be defamed could not prevent the press from publication of such material. but right to property and the right to speech and expression up to certain extent can be easily enjoyed. The Supreme Court has held that the Government has no authority in law to impose a prior-restraint upon a publication of defamatory material against its officials.

This clause embodies the common law rule of ―nemo debet vis vexari‖ which means that no man should be put twice in peril for the same offence6. the prisoner shall not deprived his right to speech and expressed his own thoughts. Dr.Constitutional Law of India Central Law Agency 2004 edition page no. In Maqbool Hussain v. J. Pandey. Thereby with the above provision regarding to the right of freedom of speech and expression the researcher concludes that. The customs authorities confiscated the gold under the Sea Customs act.N. He can also give the interviews before the media though he is in jail. The court held that the Sea Custom Authorities were not a court or judicial tribunal and the adjudging of confiscation under the Sea Customs Act did not constitute a judgment of judicial 5 6 AIR 1982 SC 6. He did not declare that he had brought gold with him to the customs authorities on the airport.acted after a reasonable verification of the facts.207 7 AIR 1953 SC 325 .e. The appellant contended that second prosecution was in violation of Article 20(2) as it was for the same offence. Union of India 5 the Supreme Court directed the Superintendent of the Tihar to permit the Chief Reporter of the Hindustan Times Newspaper to interview.‖ In another case Prabhu Dutt v. mere being a criminal under the imprisonment in jail. This term is defined under Article 20(2) of the Constitution of India which says that ―No persons shall be prosecuted and punished for the same offence more than once‖. under Articles 19(1)(a) as they were willing to be interviewed. for imparting gold in contravention of Government notification for which he had already been prosecuted and punished as his gold had been confiscated by customs authorities. He was later on charged for having committed an offence under the Foreign Exchange Regulations Act. Protection from double jeopardy The term ―Double Jeopardy‖ means an accused shall not be prosecuted in one offence twice. it is not necessary for the press to prove that what is published was true. Supreme Court held that they can obtain information from them when they voluntarily agree to give such information. The Jail authorities had refused the permission to the newspaper representatives to interview the convicts. Ranga and Billa. the two death sentence convicts. i. State of Bombay7 the appellant brought some gold into India.

The Supreme Court of India has rejected the view that liberty denotes merely freedom from bodily restraint. Therefore as per the decision laid down in Maqbul Hussain the person can get the benefit of this provision when he tried before the court and not before the tribunal. Article 21 of the Constitution of India says that: ―No person shall be deprived of his life or liberty except according procedure established by law‖. In the Kharak Singh vs. Life and Personal Liberty: The protection of Article 21 is available even to convicts in jail. The meaning of the term ‗personal liberty‘ was considered by the Supreme Court in Maneka Gandhi Vs. Hence the prosecution under the Foreign Exchange Regulation Act is not barred. Union of India8 and held that the expression personal liberty in Article 21 is of widest amplitude and it covers a variety of rights which go to constitutes the personal liberty of man and some of them have raised to the status of distinct fundamental rights and given additional protection under Article 19 of the constitution. and has held that it encompasses those rights and privileges which have long been recognized as being essential to the orderly pursuit of happiness by free men.P. This smallest article has the greatest significance for those who cherish the ideals of liberty. The convicts are the convicts are not by mere reason of their conviction deprived of the entire fundamental rights which they otherwise possess. Hence the police regulation 8 9 AIR 1978 SC 597 AIR 1963 SC 1295 . 9.P.character necessary to take the plea of double jeopardy. it was held that the expression ‗life‘ was not limited to bodily restraint of confinement to prison only but something more than animal existence. the police opened a history-sheet for him and he was kept under police survey surveillance which included secret picketing of his house by the police domiciliary visits at night and verification of his movement and activities. With the view of this right researcher concludes that protection of double jeopardy is applicable when a person prosecuted twicely in the one offence before the court only. But ‗life‘ as used here something more is meant than mere animal existence. The Supreme Court held that. In that case the petitioner Kharak Singh had been charged in dacoity case but was released as there was no evidence against him. What can be more important than liberty? In India the concept of ―liberty‘ has received a far more expansive interpretation. the domiciliary visit of the policemen was an invasion on the petitioner‘s personal liberty. Police Regulations. state of U. Under the U.

An alarmingly large number of men and women. The court while dealing with cases of under-trials who had suffered long incarceration held that a procedure which keeps such large number of people behind bars without trial so long cannot possibly be regarded as reasonable. The term solitary Confinement in a general sense means the separate confinement of prisoner.Jain Constitutional Law of India. even if proved would not warrant punishment for more than a few months. perhaps a year or two. which.1012 AIR 1979 SC 1360 . 21 as interpreted in Manka Gandhi‘s case ―No procedure which does not ensure a reasonable quick trial can be regarded as a ‗reasonable. and yet these unfortunate forgotten specimens of humanity were in jail. with only occasional access of any other person. Therefore right to life includes following rights of prisoners including women prisoners. And the word life was not limited to bodily restraint or confinement to prison only but something more than mere animal existence.P. just or fair so as to be in conformity with the requirement of Article 21. It ensures just. a shocking state of affairs in regard to the administration of justice came forward. just and fair‘. Therefore the speedy trial is the essence of criminal justice. Speedy trial means the trial should be concluded as early as possible there is no fixed prescribed period for completion of trial but it should be completed within the period of prescribed punishment to an offence. fair and reasonable procedure10. a) Speedy Trial : Right to speedy trial is a fundamental right of a prisoner implicit in article 21 of the Constitution.wadhawa. The offences with which some of them were charged were trivial. and that too only at the discretion of the jail authorities.Nagpur . In the case of Hussainara Khatoon (I) v.edition2007 page no. deprived of their freedom. State of Bihar11. 21 as there was no law on which it could be justified and it must be struck down as unconstitutional. for periods ranging from three to ten years without as much as their trial having commenced. This right is implicit in the broad sweep and content of Art. including children are behind the prison for years awaiting trial in the court of law. b) Solitary Confinement: The significant right enumerated under Article 21 of constitution is right against solitary confinement.authorizing domiciliary visits may plainly violative of Art. In strict sense it means the complete isolation of a prisoner from all human 10 11 M. There with the above provision researcher concludes that the right to life enumerated under Article 21 is also applicable to the convicts those are languishing in jail.

The Hon‘ble Supreme Court held that ―if solitary confined imposed there is total deprivation of comrade i. He therefore sent a telegram to one of the judges of Supreme Court on the basis of which the present habeas corpus petition has been admitted by the court and held that ―Hand cuffing is prima facie inhuman and.society. an arrested person or under-trial prisoner should not be subjected to handcuffing. He was required to be taken from jail to magistrate court and back periodically in connection with certain cases pending against him. Delhi Administration 13 . The minimum freedom of movement. But handcuffing was forced on him by the escorts. and talking and being talked to. under which a detainee is entitled to under Art. 12 13 AIR 1978 P. talk. friendship amongst co-prisoners comingling. to inflict irons is to resort to zoological strategies repugnant to Art. 21 as the human being are not having only animal existence the punishment of solitary confinement is consider as an unconstitutional and violative of Art. To handcuff to the accused is to hoop harshly and to push humiliatingly. The trail curt has directed the concerned officer that while escorting him to the court and back handcuffing should not be done unless it was so warranted. torture: This significant right implicit under Article 21 of the constitution of India with.339 AIR 1980 SC 1535 . 21. the petitioner was an under-trial prisoner in Tihar jail..1) Vs.19. sufficiently to satisfy that there is clear and present danger of escape of prisoner who is being transported by breaking out of police control. Absent fair procedure and objective monitoring. the escorting authority must record contemporaneously the reasons for doing so. There must be a reasonable material. The liberty to move to move. arbitrary. therefore unreasonable. mingle. handcuffs have to be put on prisoner. mix. 21. Share Company with coprisoners if substantially curtailed would be violative of Art. Delhi administration12. The important question raised before the Supreme Court that was whether ‗solitary confinement‘ imposed upon prisoners who were under sentence of death was violative of Article 21 of the constitution. In Sunil Batra (No. is overharsh and at the first flush. it would offend the article 21 of the constitution. cannot be cut down by the application of handcuffs.21 of the constitution. Handcuffs must be the last resort as there are other ways for ensuring security. Even when in extreme circumstances. c) Hand cuffing and bar fetters. In the case of Prem Shanker Shukla v. bar fetters and torture in the absence of justifying circumstances.‖ From this right the researcher concludes that solitary confinement means keep the person away from other prisoner in lonely place in the prison therefore by virtue of Art.e.

The court observed : ―Visits to prisoners by family and friends are a solace in insulation. In Sheela Barse v. has to be paid to them and the payment has to be equivalent to the service rendered. The court favoured their visits but subject to search and discipline and other security criteria.21 and directed the Government to take necessary steps to educate the police as to inculcate a respect for the human person. In the case of Sunil Batra (II) v. 21 of the constitution about the prisoner is right to meet friends and consult lawyer. From this right researcher concludes that prisoners are protected from the inhuman treatment in the hands of police and jail authority.‖ f) Reasonable Wages in Prison In the prison the prisoners has to do certain work as his part of conviction or in another case the prisoner does the work voluntarily such as preparation of food to other criminals. There is no difference between a prisoner serving a sentence inside the prison walls and a freeman in the society. State of Maharashtra the court gave detailed instruction to concern authorities for providing security and safety in police lock-ups and particularly to women suspects. 14 AIR 1981 SC 625 . and only a dehumanized system can derive vicarious delight in depriving prison inmates of this humane amenity. e) Meet friends and consult lawyer: Another significant right is implicit under Art. otherwise it would be ‗forced labour‘ within the meaning of Articles 23 of the Constitution. this right is essential for the prisoner to defend his case because without getting the information from the prisoner lawyer cannot defend his case. State of Rajasthan14 the Supreme Court held that the use of ―third degree‖ method by police is violative of Art. the Supreme Court recognized the right of the prisoners to be visited by their friends and relatives.21 is right against inhuman treatment in the hands of police and jail authority.d) Against inhuman treatment : Another significant right is implicit under the Art. Hon‘ble supreme court also explained this right. therefore when they worked in the jail minimum wages. Female suspects should be kept in separate police lock-ups and not in the same in which male accused are detained and should be guarded by female constables. washing clothes washing articles etc. Delhi Administration. In Kishore Singh v.

The right to be informed as soon as may be of ground of arrest. this factor should be taken into account while finalizing the rules for payment of wages to prisoners. State of A. The above fundamental rights guaranteed to arrested person by clauses (1) (2) of Article 22 are available to both citizens as well as non-citizens and not to the person arrested and detained under any law providing for preventive detention. Whether prisoners. In notable judgment in Joginder Kumar v. the Supreme Court has laid down guidelines governing arrest of a 15 16 AIR 1987 SC 568 (1994)4 SCC 260 . therefore. II. State of U. The right to be produced before a Magistrate within 24 hours.P. IV. Right guaranteed under Art.In the case of Mahammad Giasuddin v. a delicate issue requiring very circumspective approach mooted before the court. The right to consult and to be represented by a lawyer of his own choice. III. as well as to give retrospective effect to wage policy. The court has before him appeals filed by some State Governments challenging the judgments rendered by the respective High Court which in principle upheld the contention that denial of wages at such rates would fringe on infringement of the Constitution protection against exaction of forced labour.15. Hon‘ble High Court of Gujarat. should necessarily be paid wages for such work at the rates prescribed under Minimum Wages law.‖ In the case of State of Gujarat v. 22 guarantee four rights on a person who is arrested for any offence under an ordinary law:I. who are required to do labour as part of their punishment. of the view that where a person provides labour or service to another or remuneration which is less than the minimum wage. 22(1) & (2):Clauses (1) (2) of Art. The freedom from detention beyond the said period except by the order of the Magistrate. the labour or service provided him clearly falls within the scope and ambit of the words ―forced labour‖ under Article 23.16. Union of India. the Bench observed thus: ―We are. In the case of Peoples Union for Democratic rights v. It should not be below minimum wages. the court directed the state to take into account that the wages should be paid at a reasonable rate.P.

for want of legal assistance. he enjoyed this right immediately after his arrest. The researcher from the above discussion concludes that.H. Where the prisoner is disabled from engaging a lawyer. the Court held that the right to legal aid is one of the ingredients of fair procedure. The Court has held that person is not liable to arrest merely on the suspicion of complicity in an offence. the gravity of the sentence. The basic philosophy of legal aid envisages that the machinery of administration of justice should be easily accessible and should not be out of the reach of those who have to resort to it for the enforcement of their legal rights. Free legal aid The talk of human rights would become meaningless unless a person is provided with legal aid to enable him to have access to justice in case of violation of his human rights. if the circumstances of the case. power to assign council for such imprisoned individual for doing complete justice. is virtually unable to exercise his constitutional and statutory right of appeal. In fact legal aid offers a challenging opportunity to the society to redress grievances of the poor and thereby law foundation of Rule of Law. the court shall. These above are the rights guaranteed under the constitution of India to the prisoner by way of fundamental rights. and these rights are available and protected by the Supreme Court to . In the case of M. unless the prison refuse this lawyer. This a formidable challenge in the country of India‘s size and heterogeneity where more than half of the population lives in far-flung villages steeped in poverty.person during the investigation. and the ends of justice so required. Legal aid is no longer a matter of charity or benevolence but is one of the constitutional rights and the legal machinery itself is expected to deal specifically with it. prisoner can enjoy this right before he send to jail it means that. State of Maharashtra. The duty casts upon the state to provide free advocate to the prisoner through legal aid.Wadanrao Hoskot v. these rights are essential provisions for the prisoner who are poor and does not able to engage the advocate. destitution and literacy. there is implicit in the court under article 142 read with article 21 and 39-A of the Constitution. If a prisoner sentenced to imprisonment. There must be some reasonable justification in the opinion of the police officer effecting the arrest was necessary and justified. In India. on reasonable grounds such as indigence or incommunicado situation. assign competent counsel for the prisoner‘s defense. judiciary has played an important role in developing the concept of legal aid and expanding its scope so as to enable the people to have access to courts in case of any violation of their human rights. From this right researcher concludes that.

5. These rights are also prescribed under the constitution of India.both the prisoners‘ i. The Prisons Act. Under various Prisons acts:Various rights have been guaranteed under various Acts viz. The rights can be mentioned as- . Medical checkups of women prisoners or under trials should be done by women doctors as soon as they come to prison. 7. (1993)‖ have drawn attention towards the rights of women prisoner and thereby rights given by the national commission for women are enumerated under the Jail Manual. 2. 3. Women constables should conduct searches. 1984. 6. Voluntary organizations of women should be encouraged to be associated with women prisoners. Women prisoners-like men-should be informed of their rights under the law. these rights are explained follows the following are some important aspects. Along with the Supreme Court. many of which do not cast any financial burden for their implementation:- 1. RIGHTS OF PRISONERS UNDER OTH ER STATUTORY PROVISONS National Commission for women on ―Custodial Justice for women‖ The report of the National Commission for Women on ―Custodial Justice for women. women social workers.e. 1900. The Prisons Act. Women prisoners should be allowed to contact their families and communicate with their lawyers. 4. commission also took efforts to provide rights to the prisoners and thereby National Commission for Women are suggested certain rights to the women prisoners. other organization. Separate jails should be provided for women. and voluntary organizations. etc. From these rights researcher comes to the conclusion that these rights are related only to the women prisoners. Women prisoners should be allowed to keep their children with them. men and women prisoner. Special prosecution officers should be available to present the case of women prisoners.

No cell shall be used for solitary confinement unless it is furnished. SUNIL BATRA’S CASE IN BREVITY:- Sunil Batra Vs. Therefore the duty to provide these rights on the shoulder of State which consider as an implementing authority. Universal Declaration of Human Rights. Proper food. 1978 . Therefore with these rights it is correct to say that there shall not be any discrimination between the citizens and non citizens under criminal jurisprudence. All the laws.I. There must be separation of prisoners as male or female prisoners. clothing and bedding should have to be provided to all prisoners. rules made to the criminals are applicable to the citizens as well as non citizens thereby all the rights given to them are also applicable to them. Delhi Administration. Thus these are the rights given to the prisoners under the constitution of India. Rights of non-citizens. criminal procedure code.. etc. under international covenant and under the prison Act. All the rights which are available to a prisoner are also available to the non citizens. CHAPTER-III JUDICIAL ACTIVISM AFTER LANDMARK DECISION IN SUNIL BATRA’S CASE. Un convicted or convicted civil prisoners or criminal prisoners. II.

and to have confidential Magistrate interviews periodically with lawyers nominated for the purpose by the District or the Court having jurisdiction subject. of course. It is also necessary 606 that the Sessions Judge should be informed by the jail authorities of any punitive action taken against a prisoner within two days of such action. where the matter lies within their powers. The court also admitted the pressing need for prison reform and the expeditious provision for adequate facilities enabling the prisoners.. The letter was converted into a habeas corpus proceeding. It is imperative that District Magistrate. Justice V.Sunil Batra. The amicus curiae after visiting the jail and examining witnesses reported that the prisoner sustained serious anal injury because a rod was driven into that aperture to inflict inhuman torture and that as the bleeding had not stopped. see relevant documents and interview necessary witnesses so as to enable them to inform them selves about the surrounding circumstances and the scenario of events. and that attempts were made by the departmental officers to hush up the crime by overawing the prisoner and the jail doctor and offering a story that the injury was either due to a fall of self-inflication or due to piles. The Court issued notice to the State and the concerned officials. Krishna Iyer opined a various precious statement which stands as under:―Convicts are not by mere reason of the conviction denuded of all the fundamental rights which they otherwise possess. A statement by the Sessions Judge in regard to his visits.The petitioner.a convict under death sentence. to considerations of prison discipline and security. but also to enable them to record their complaints and grievances.R.‖ – . It was also reported that the prisoner's explanation for the anal rupture was an unfulfilled demand of the warder for money. not only to be acquainted with their legal rights. The Court admitted the appeal and held as under after admitting all the contentions of the appellant. he was removed to the jail hospital and later to the Irvin Hospital. The Petition was allowed. It also appointed amicus curiae and authorised them to visit the prison. meet the prisoner. enquiries made and action taken thereon shall be submitted periodically to the High Court to acquaint it with the conditions prevailing in the prisons within the jurisdiction of the High Court.to extract money from the victim through his visiting relations. to make expeditious enquiry therein and take suitable remedial action. and Sessions Judges should visit the prisons in their jurisdiction and afford effective opportunity to the prisoners for ventilating their grievances and. through a letter to one of the Judges of this Court alleged that torture was practised upon another prisoner by a jail warder.

The State is under an obligation for protecting the human rights of its citizens as well as to protect the society at large. female. S Madhusudhan (2011). The objective of imprisonment varies in Different countries and may be: a) punitive and for incapacitation. To protect the citizens from any possible abuse of this authority. In fact. In this chapter. Human rights approaches and human rights legislations have facilitated a change in the approaches of correctional systems. The United Nations has also provided several standards and guidelines. National Institute of Mental Health Neuro Sciences. C Naveen Kumar. The past decade has witnessed an increasing consciousness about the desirability of prison reforms. Imprisonment or incarceration is a legal punishment that may be imposed by the state for the commission of a crime or disobeying its rule. Publication. Reformation and Rehabilitation has come to the foreground and the prison administration is now expected to function in a curative and correctional manner (Karnataka Prisons 2009).A prison. Its quest for prison justice is probably a result of its attempt to revive liberty after extinguishing it in the Habeas Corpus case. In current thinking. convicted prisoners. b) deterrence. these objectives have evolved over time as shown in the accompanying figure. In general. It is now being recognized that a reformative philosophy and a rehabilitative strategy must form a part of prison justice. These institutions are an integral part of the criminal justice system of a country. and is authorized to do so. ―prisons‖ refer to only adult correctional facilities. punitive methods of treatment of prisoners alone are neither relevant nor desirable to achieve the goal of reformation and rehabilitation of prison inmates. under-trial detainees and separate facilities for mentally ill offenders. Minds Imprisoned: Mental Health Care in Prisons. The role of the Supreme Court in the past five years in introducing jail reforms has been commendable. children. Pratima Murthy. Rajani Parthasarthy. Elevation of such claims to the status of Rights. The concept of Correction. There are various types of prisons such as those exclusively for adults. jail or correctional facility is a place in which individuals are physically confined or detained and usually deprived of a range of personal freedom. the Supreme Court had commented in that case during the emergency that the treatment meted out to the detainees was almost mater-nal. gives the Suresh Bada Math. they are given certain basic privileges recognized by the Constitution of India as Rights. Prisoners Rights: Some Landmark Judgments-JUDICIAL ACTIVISM. The primary purpose and justification of imprisonment is to protect society against crime and retribution. and they have evolved from being reactive to proactively safeguarding prisoners‟ rights. and c) rehabilitative and reformative . Bangalore. through minimal rules or basic principles in the treatment of prisoners (United Nations 1977). .

to the Prison conditions. The grounds for imposing fetters would be given to each victim in his language. ipso facto. Maneka Gandhi's case was a landmark in Indian jurisprudence. just or fair so as to be in conflict with the requirement of the Article. banishment from the lanter barguest of prison life and infliction's of tra-vails as if guardianship were best fulfilled by making the ward suffer near insanity. of people behind bars without trial so long cannot possibly be regarded as reasonable. There can be little doubt after the dynamic interpretations placed by this court on Article 21 in Maneka Gandhi vs. Some of the under trial prisoners whose names are given in the newspaper cuttings have been in jail for as many as 5. but because they are too poor to afford bail and the courts have no time to try them. it was held that there was no arbitrary power to put an under trial under bar-fetters. The Maneka principle was extended to prison conditions and particularly to the plight of under-trials." It was with these observations that the Supreme Court directed the Bihar Government and the Patna High Court to furnish to the Supreme Court details of criminal cases pending in Bihar and their year wise breakup. made an effort to humanize jail conditions. The question before the Court was: "Does a prison setting. outlaw the rule of law. Shiv Kant Shukla) that Article 21 is the sole repository of life and liberty and during the emergency when liberty is suspended. and held in Bhanudas's case that a detainee during emergency could not agitate for better Jail Conditions and facilities. not because they are guilty. Some others had spent more time in jails as under-trials than the maximum penalty that could be imposed upon them if they were convicted of the offences they were charged with. sentenced to death had challenged his incarceration in solitary confinement and Charles Sobhraj had challenged his confinement with bar-fetters. In the case of Charles Sobh-raJ. What faith can these lost souls have in a judicial system which denies them a bare trial for so many years. Some of them were never produced before the courts. The Supreme Court held that there is no total deprivation of a prisoner's rights of life and liberty. "To desort safekeeping into a hidden opportunity to care the ward and to traumatize him is to betray the custodian of law. due to the Presidential proclamation suspending Article 21. It was further laid down that no "fetters" shall continue be-yond day . 7. and keeps them behind bars." His solitary confinement was quashed. The Supreme Court thereafter directed the release of such under-trials who were in detention for a unduly long period. violation. or 9 years and a few of them for even more than 10 years without their trial being begun. The "safe keeping" in jail custody is the limited juris-diction of the jailer. The Supreme Court again in a separate writ petition filed by Sunil Batra and Charles Sobharaj. The Supreme Court in the Writs of Habeas Corpus for under-trials stated that "The information contained in these newspaper cuttings is most distressing and it is sufficient to stir the conscience and disturb the equanimity of any socially motivated lawyer or judge." The court held that Sunil Batra's mercy petition to the President/Governor had not been disposed off and Batra was not "under sentence of death. two priso-ners in Delhi's Tihar jail. Union of India that a procedure which keeps such large number. lock out the judicial process from the jail gates and declare a long holiday for human rights of con-victs in confinement? And if there is no total eclipse what lucent segment is open for judicial justice? Sunil Batra. safe custody does not mean deprivations. A series of news items appeared in "The Indian Express" about the continued incarceration of under-trials in Bihar Jails.The Supreme Court carried the ratio of the habeas Corpus case (ADM Jabalpur Vs. The discretion to impose "irons" is a quasi-judicial decision and a previous hearing is essential before putting prisoners in fetters.

" The Supreme Court has given a new dimension to the writ of habeas corpus by its judgment in Sunil Batra 'll' vs. While the deci-sion of the Constitution Bench of the Supreme Court in Sunil Batra I vs. The Court also held that in the absence of the escorting authority re-cording why the prisoner is being put under handcuffs. Delhi Administration. had crystalized the legally enforceable rights of a prisoner. Sunil Batra II lays down the important princi-ple of law that a writ of habeas corpus is available not only to secure the release of a prisoner illegally detain-ed but also to regulate the conditions and manner of detention of a person whose detention is lawful. The very existence of the remedy of a writ of habeas corpus would be a deterrent to jail authorities and could prevent arbitrary and capricious action. It is a favored remedy because of its simplicity. the procedure of handcuffing is a violation of Article 21 The court concluded with the observation: "We clearly declare and it shall be obeyed from the Inspector General of Police and Inspector General of Prisons to the escort constable and the jail warder-that the rule regarding a prisoner in transit between prison house and court house is freedom from handcuffs and the exception. friends and lawyers without these severe restrictions. Delhi Admn. under conditions of judicial supervision we have indicated earlier. the later deci-sion in Sunil Batra II has radicalised the procedure for the enforcement of the rights of the prisoners. In another recent landmark judgment in the case of "Francies Corale Mullin vs. The habeas corpus writ was traditionally used for securing the release of a person detained illegally. CHAPTER-IV CUSTODIAL TORTURE. In another case of "Prem Shankar Shukla Vs. the official concerned shall be asked to explain the ac-tion forthwith in the light of this judgment. will be restraints with irons to be justified before or after.time and a prolonged continuance of bar-fetters shall be with the approval of the Chief Judicial Magistrate or a Sessions Judge. whether he has been subjected to handcuffs or other 'irons' treatment. The Supreme Court ruled that the right to life and liberty included his right to live with human dignity and therefore a detainee would be entitled to have interviews with family members. and if he has been. As all the grievances could formerly be aired only through the prison-hierarchy. the Administrator. Union Territory of Delhi & others". We mandate the judicial officer before whom the prisoner is produced to interrogate the prisoner as a rule. the Supreme Court explained the ingredof an officer of the customs department. very few prisoners voiced any complaints for fear of retaliation. Thus a speedy and simple remedy is available to prisoners to seek redress of their grievances about the manner of their detention. Delhi Administration. CUSTODIAL TORTURE IN PRISONS:- . non-techni-cality and the priority which is given to its hearing by courts. The prisoners now have an important forum for the enforcement of their rights." the Supreme Court struck down the provisions of the Punjab Police rules which discriminate-ted between the rich and the poor prisoner in deter-mining who was to be handcuffed.

In Hussainara khatoon.State of Andhra Pradesh held that mere detention is no ground for suspension of detenu‘s fundamental rights. The Supreme Court judicial activism for protecting the rights of prison inmates and detenues Court‘s judicial activism for protecting the rights of prison inmates and detenues is discernible from a series of cases decided by the Court. ―Infliction may take many protean forms apart from physical assaults. allotment of degrading labour. particularly those who are poor and helpless and cannot afford legal representation have been protected against torture and harassment. In its historic judgment in Sunil BatraVs. That is why as a matter of policy. assigning him to a desperate or tough gang and the like.State of Maharashtral the Apex Court ruled that detention in prison cannot deprive the detenue of his fundamental rights. transfer to a distant prison where visits or society of friends or relations may be snapped. fair and . denial of necessary amenity. inhuman and degrading treatment of punishment adopted by UN General Assembly should be implemented by all nations. specially the right to life and liberty guaranteed by Art 21of the Constitution. Articles 8 and 9 of the Declaration of the Protection of all persons from torture and other cruel. the Supreme Court observed that a procedure which does to make legal services available to a poor under trial person cannot be regarded as just.‖ Outlining the substantive and procedural rights to which the prisoners are entitled.M.Delhi administration. may be punitive in effect. Every such affiliation or abridgment is an infraction of liberty or life in is wider sense and cannot be sustained. A victim of custodial torture can move court directly through a writ petition for protection of his fundamental rights. the UPREME Court in Sunil Batra observed as follows:― Fundamental rights do not flee the persons as he enters the prison although they may suffer shrinkage necessitated by incarceration. Pushing the prisoner into a solitary cell.The victims of prisons injustice. The Court concluded that torture is a tradition in many penal institutions. Emphasizing the need for humane treatment of prisoners and protection of their basic rights. Thus in Prabhakar Pandurang Vs. and more dreadful sometimes.B. the Supreme Court in D. In the same breathe. the Apex Court held that prisoners are entitled to all fundamental rights which are consistent with their incarceration.Patnaik Vs. the Apex Court said.

Justice Ram Pal Singh of the High Court of Madhya Pradesh. As regards the importance of prayers in prison institutions. In Sanjay Suri. suffice it to say that it provides sufficient spiritual strength to the inmates to change their human and social outlook. Madh and Lobha which dwell in human body and help in gaining control over these evil forces so as to turn him a good man and a good citizen. clean and pure. brought about a big change in the living and thinking of the prisoners. the Apex Court held that the prison authorities should change their attitude towards prison inmates and protect their human rights for the sake of humanity. the idea is laudable and must be adopted into practice. Thus by the practice of yoga in prisons crimes can be considerably controlled and hardened criminals can be reformed. 21 of the Constitution. More recently. They strongly believe that the practice of yoga and meditation will enable the prisoners to control the evils of Kama. the then Superintendent of the Jail in his book entitled Freedom Behind Bars. The experiment carried out in the Tihar Jail sometimes in 1993-94 when Vipassana meditation was introduced in a big way. This is indeed a new approach to penological problem of crime and criminals in the Indian setting. but also neat. the Gujarat State Prison Administration has launched a ‗Prison Reform‘ programme to help jail inmates to improve with Bhajans and Yoga. the abode of good and bad. the Supreme Court on a complaint of custodial violence to women prisoners in jails. therefore violative of the right to legal aid of the poor accused as contemplated by Art. Undoubtedly. In Sheela barse v. ―human body is a temple where the deity of Atma and Parmatmad reside. For keeping the temple of flesh and blood. The Sabarmati and Baroda Central Jails are going to start a two-month long creative programme of Yoga and Bhajans which will be conducted by the Prajapita Brahma Kumaris Ishwariya Vishwa Vidyala to teach moral . State of Maharashtra. As rightly observed by Mr. Interestingly. the sages and saints have prescribed Sadhna by regular practice of yoga which shall keep the human body not only healthy and strong. some penologists have advocated the need of spiritual trainings for those who are condemned and incarcerated in prison cells. Krodha. directed that those helpless victims of prison injustice should be provided legal assistance at the State cost and protected against torture and maltreatment. Healthy people would avoid crime and try to do good to the society by establishing peace and tranquility‖. as narrated by Shri Tarsem Kumar.reasonable and. The Court in this case ordered release of those under trials who are languishing in jails for an inordinately long period.

‖ In order to help such offenders. The Programme emphasizes on way to bring about a change in the attitude of the prisoners by developing their inner strengths and bring about a spiritual awakening in them. water and ventilation. Yoga. Bhakti Sangeet and ‗loknriya‘ are obviously an essential part of the programme. payment of appropriate wages. There seems to be no rules or scales prescribed for the diet or bedding for those detained in lock-ups. but with their implementation. The Mulla Committee on Jail Reforms in its Report of March 1983 pointed out: ―Most of the lock-ups have insufficient accommodation and are without even such basic facilities as lavatories. light. pessimistic feelings like tension. necessary arrangement for health-care of prisoner‘s etc. There are no visiting committees which would inspect or report about . the States often take the plea of financial limitations in assuring these constitutional remedies to prison inmates but this cannot be accepted as a valid ground for excuse else the very purpose of constitutional and human rights would be eroded. Like prisons. It is advisable that such programmes be also launched in jails of other States. The real problem is not with the principles. An atmosphere of devotion. The Supreme Court and the High Courts have been gradually exercising jurisdiction in assuring prison justice including improvement in the quality of food and amenities. Sanitary conditions in these lock-ups are also utterly unsatisfactory. This improvised Indian approach to prison reforms will surely bring about a positive change in the attitude of prison inmates and help in their rehabilitation. A majority of prisoners repent for their crime and they sincerely want to mend their ways but often lack necessary inspiration or the spirit. Niranjana of the Brahma Kumaris Seva Kendra. Besides. It is. hatred or a feeling of rivalry or revenge.and ethical values to the jail inmates and to encourage them to live a better life. The programme has already been introduced in Nadiad Central Jail in March.K. essential to enlighten such people by inculcating in them values of morality and ethics so that they get the inner strength to distinguish between good and bad. Baroda observed that. It hardly needs to be stated that remedial rights of prisoners require deeper understanding. Shri K. Yoga and spiritualism will certainly help the prisoners to become better human beings. the conditions of police lock-ups are still worse. failure or anxiety also add to their woes. ―a person often commits a crime because of anger. 2001. Explaining philosophy underlying this prison reform programme. therefore. it is essential to control their emotions.

The welfare officers appointed in prisons can also play an important role in providing adequate counseling. it need not be stressed that efforts for rehabilitation of an offender begin from the time he enters the prison. Obviously. It is always preferable to place the released prisoner under the supervision and guidance of a Probation Officer for his after-care and rehabilitation in the free community. given the zeal and determination. deserve particular mention. It must be remembered that the role of prisons has radically changed over the years and they are no longer regarded as mere custodial institutions. To talk about treatment and training in prisons is not rhetoric. 3. Interrogation of women should be carried out in presence of women officials. It has been amply realized that protection of society can be better ensured if the offenders are corrected and reformed within the society itself. They are briefly stated as follows:1. they should be separated from male wards.the conditions prevailing in these lock-ups. Female prisoners and suspects should be guarded by female guards or constables. The emphasis has thus shifted from custody to training and re-education of offenders and the policy of segregation now stand substituted by community-participation of prisoners. therefore. There is need to improve the prison system by introducing new techniques of management and by apprising the prison staff with their constitutional obligations towards prisoners. it can prove to be real. A comprehensive prison programme is. essential to cater to the needs of different categories of Inmates. In order to ameliorate the condition of . instead they have now acquired a new dimension as treatment and training centres for those who fall foul with law. 2. Information of such arrest must be immediately sent to the nearest Legal Aid Committee. Finally. The essential requirements of law with regard to the time-limit for keeping in custody persons arrested without warrant are often flouted……conditions of police lock-ups need to be urgently improved.‖ With a view to improving the plight of women prisoners in jail the Supreme Courts directives stated in Sheela Barse v. State of Maharashtra. The prison-life should be so regulated that the prisoner is able to overcome all his psychological strains and adapts himself as a law abiding citizen after his release from jail. Intimation regarding arrest of a woman offender must be immediately given to her relatives. 4. This would surely end the gloom cast on our prison system and create new awakening among the prison community. legal help and financial assistance to the prisoners at the time of their release so that they are properly rehabilitated in society.

prisoners. CHAPTER-V PRISON REFORMS IN PRESENT LEGAL SYSTEM . the Supreme Court has laid certain mandates which would certainly go a long way in improving the working conditions of Indian Prisons.

but also lay down scientific guidelines for corrective treatment of prisoners. 2. medical and psychiatric services. constitutes a landmark in the reformatory approach to prison reforms. The Mulla Committee examined all aspects of prison reforms. living conditions in prison. The recommendations of Mulla Committee touched upon legislative. security aspects besides matters like classification of prisoners. So in 1956 the punishment of transportation (Kala-pani) was substituted by imprisonment for life.vocational training for prison inmate. At the same time ―good Time Law‖ was implemented. according to which during the period of imprisonment for good conduct a definite remission was provided. In 1949 Pakawasha Committee gave the permission to take work from the prisoners in making of road and or that wages shall be paid. The Commission made thorough study of the problems and produced an exhaustive document. Various steps were taken for the treatment of the offenders.2) All India Committee on Jail Reform—(1980-83) 1980. Justice Anand Narain Mulla. 2. They not only enunciated principles for an efficient management of prisons. The report of the All India Jails Manual Committee and the model Prison Manual prepared and presented by that Committee to the Government of India in the year 1960 are commendable documents on prisons.After Independence of India. The Commission made thorough study of the problems and produced an exhaustive document. the works on the reformation of jails speeded up.problems of women prisoners etc. the Government of Indian constituted All India Committee on Jail Reform chaired by Mr. popularly known as Mulla Commission. It was accepted that prisoners are also human beings and they are having right of humanitarians. CHAPTER VI .problems related to under trials and other unconvicted prisoners. The Mulla Committee examined all aspects of prison administration and made wide-ranging recommendations.1) All India manual committee (1957-59) This committee was appointed by the Government of India to prepare a model prison manual. and treatmet programs. which if implemented would go a long way to make prison administration efficient. operational. humane and professional. From the above paras researcher concludes that the systeme jail is developed as the society is changes prior to the independence the prisoners have no any value they are concider as a slave but after the independence several prison reforms are taken place and certain rights are given to the women as well as men prisoners . The committee was also asked to examine the problems of prison administration and to make suggestions for improvements to be adopted uniformly throughout the country. The recommendation of this commission.

Having experience tip brutalitarian treatment to the person imprisoned. 5. 2. No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence. inhuman or degrading treatment or punishment. These shaken minds of the universal prudence which laid to emerge in the form of UDHR and hence which specifically have the application in respect of confirming the rights to the prisoners which can be considered as follows:1. No one shall be subjected to arbitrary arrest. during and after the Second World War by the forces of Nazi regime or of the friends countries. liberty and security of person. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination. 8. 4. 5. in the determination of his rights and obligations and of any criminal charge against him. detention or exile. From these rights researcher concludes that these rights of prisoner which are universally applicable are also enumerated under the constitution of India. No one shall be subjected to torture or to cruel. 7. Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal. under national or international law. at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed. before. All are equal before the law and are entitled without any discrimination to equal protection of the law.RIGHTS OF PRISONERS: COMPARATIVE ANALYSIS-A DETAIL RESEARCH 5. 3.2) Rights under International Covenant:- . No one shall be held I n slavery or servitude. 9. Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.1) Rights under Universal Declaration of Human Rights:Universal Declaration of Human Rights finds its way after the Second World War. Everyone has the right to life. Everyone has the right to recognition everywhere as a person before the law. 6. slavery and the slave trade shall be prohibited in all their forms. Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.

it is understood that nothing in this article shall authorize any State Party to the present Covenant to derogate in any way from any obligation assumed under the provisions of the Convention on the Prevention and Punishment of the Crime of Genocide. slavery and the slave-trade in all their forms shall be prohibited. sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the ti me of the commission of the crime and not contrary to the provisions of the present Covenant and to the Convention on the prevention and Punishment of the Crime of Genocide.The rights under the covenant are the explanatory illustrations of the human right theory. This right shall be protected by law. No one shall be subjected to torture or to cruel. normally required of a person who is under detention in consequence of a lawful order of a court. that which is proposed under Universal Declaration of Human Rights The covenant separated the two kinds of the rights in two groups i. Any work or service. 8. No one shall be required to perform forced or compulsory labour.e. 10. which inter maidens with the human life apparently at two levels for the case of prisoners the both covenants get applicable integratedely and which serves a mixed recepy of human life‘s. No one shall be arbitrary deprived of his life. Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. 2. no one shall be subjected without his free consent to medical or scientific experimentation. 7. 5. Amnesty. or of a person during conditional release from such detention. 4. When deprivation of life constitutes the crime of genocide. Every human being has the inherent right to life. 9. 3. This penalty can only be carried out pursuant to a final judgment rendered by a competent court. In particular. covenant on civil and political rights and economic. inhuman or degrading treatment or punishment. Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women. 6. The specification of the rights belongs to the prisoners can be illustrated as follows:1. social and cultural rights. Nothing in this article shall be involved to delay or to prevent the abolition of capital punishment by any State Party to the present Covenant. No one shall be held in slavery. In countries which have not abolished the death penalty. pardon or commutation of the sentence of death may be granted in all cases. .

at any other stage of the judicial proceedings. everyone shall be entitled to a fair and public hearing by a trimonial disputes or the guardianship of children. 12. or of his rights and obligations in a suit at law. In the determination of any criminal charge against him. Juvenile offenders shall be segregated from adults and be accorded treatment appropriate to their age and legal status. The penitentiary system shall comprise treatment of prisoners the essential aim of which shall be their reformation and social rehabilitation. in order that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful. No one shall be imprisoned merely on the ground of inability to fulfil a contractual obligation. should occasion arise. and. 13. for execution of ht judgment.11. Accused persons shall. 19. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court. Everyone charged with a criminal offence s hall right to be presumed innocent until proved guilty according to law. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation. . All persons shall be equal before the courts and tribunals. but release may be subject to guarantees to appear for trial. 16. All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person. 18. Everyone has the right to liberty and security of person. be segregated from convicted persons and shall be subject to separate treatment appropriate to their status as unconvicted persons. save in exceptional circumstances. Accused juvenile persons shall be separated from adults and brought as speedily as possible for adjudication. 15. No one shall be deprived of is liberty except on such grounds and in accordance with such procedure as are established by law. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. 17. It shall not be the general rule that persons awaiting trial shall be detained in custody. Anyone one is arrested shall be informed. 21. at the ti me of arrest. of the reasons for is arrest and shall be promptly informed of any charges against him. No one shall be subjected to arbitrary arrest or detention. 14. 20.

e) To examine. In the determination of any criminal charge against him. The press and the public may be excluded from all or part of a trial for reasons of morals.22. to be informed. public order or national security in a democratic society. everyone shall be entitled to the following minimum guarantees. b) To have adequate time and facilities for the preparation of his defence and to communicate with counsel of his choosing. of this right. in fully equality: a) To be informed promptly and in detail in a language which he understands of t he nature and cause of the charge against him. g) Not to be compelled to testify against him or to confess guilt. the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him. When a person has by a final decision been convicted of a criminal offence and when subsequently has conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice. if he does not have legal assistance. or when the interest of t he private lives of the parties so requires. No one shall be liable to be tried or punished against for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country. unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him. and without payment by him in any such case if he does not have sufficient means to pay for it. d) To be tried in his presence. independent and impartial tribunal established by law. the procedure shall be such as will take account of their age and the desirability of promoting their rehabilitation. 25. or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of . f) To have the free assistance of an interpreter if he cannot understand or speak the language used in court. Competent. and to defend himself in person or through legal assistance of is own choosing. or have examined. 24. 23. and to have legal assistance assigned to him. in any case where the interests of justice so require. h) In the ca se of juvenile persons. c) To be tried without undue delay. the person who has suffered punishment as a result of such conviction shall be compensated according to law. Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law.

Nothing in this article shall prejudice the trial and punishment of any person for any act or omission which. CHAPTER-VII COMPARATIVE ANALYSIS . was criminal according to the general principles of law recognized by the community of nations. If. Nor shall a heavier penalty be imposed than the one that was applicable at the time when the criminal offence was committed. the offender shall benefit thereby. subsequent to the commission of the offence. but any judgment rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern man. 26. No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence.justice. The researcher from the above discussion concludes that the rights guaranteed under the international covenant on civil and political rights are also covered under the constitution of India and Criminal procedure code of India. under national or international law. 27. provision is made by law for the imposition for the lighter penalty. at the time when it was committed. at the time when it was committed.

Article 21. Any excess committed on a prisoner by the police authorities not only attracts the attention of the legislature but also of the judiciary. in the process. 1981) ―Article 21 requires that no one shall be deprived of his life or personal liberty except by procedure established by law and this procedure must be reasonable. 37 and 39A of the Constitution in a positive and humane way. 1978). fair and just and not arbitrary. In addition to this. In a celebrity case (Maneka Gandhi Vs. The need for prison reforms has come into focus during the last three to four decades. the question of cruelty to prisoners is also dealt with.1 Human rights of prisoners in India:The Indian freedom struggle played a crucial role in initiating the process of identifying certain rights for the prisoners. unfair or unreasonable. Protection of Life and Personal Liberty. Given the Supreme Courts‟ . unfair or unreasonable.6. by interpreting Article 21 of the Constitution. The Supreme Court and the High Courts have commented upon the deplorable conditions prevailing inside the prisons. specifically by the Prison Act. Although it is clearly mentioned that deprivation of Article 21 is justifiable according to procedure established by law. The Administrator. 19. the Constitution of India conferred a number of fundamental rights upon citizens. this procedure cannot be arbitrary. 1894 and the Criminal Procedure Code (CRPC). ―No person shall be deprived of his life or personal liberty except according to procedure established by law‖. the Apex Court opened up a new dimension and laid down that the procedure cannot be arbitrary. Article 21 of the Constitution guarantees the right of personal liberty and thereby prohibits any inhuman. has developed human rights jurisprudence for the preservation and protection of prisoners‟ rights to maintain human dignity. cruel or degrading treatment to any person whether (s)he is a national or foreigner.The Supreme Court of India. resulting in violation of prisoner’s rights. Article 21 imposed a restriction upon the state where it prescribed a procedure for depriving a person of his life or personal liberty. particularly the Supreme Court. Any violation of this right attracts the provisions of Article 14 of the Constitution.. whimsical or fanciful‖. recognized a number of rights of prisoners by interpreting Articles 21. The Indian judiciary. 22. Prisoners‟ rights have become an important item in the agenda for prison reforms. in the recent past. has been very vigilant against violations of the human rights of the prisoners Role played by the judiciary. 32. The Indian Supreme Court has been active in responding to human right violations in Indian jails and has. Union of India. After independence. which enshrines right to equality and equal protection of law. This was further upheld (Francis Coralie Mullin v.

1978). Hence. Krishna Iyer (Sunil Batra vs. . Delhi Administration. prisoners are also human beings. accountable for the manner in which they exercise their custody over persons in their care. therefore.. the mechanism of rights springs up to prevent the authorities from abusing their power.Justice V.. a) ―Convicts are not by mere reason of the conviction denuded of all the fundamental rights which they otherwise possess‖. all such rights except those that are taken away in the legitimate process of incarceration still remain with the prisoner.overarching authority. c) If a person commits any crime. b) ―Like you and me. Delhi Administration. 1978). 1978). and the state possesses control over their life and liberty. d) It is increasingly being recognized that a citizen does not cease to be a citizen just because he/she has become a prisoner. it does not mean that by committing a crime. Prison authorities have to be.. these newly recognized rights are also binding on the State under Article 141 of the Constitution of India which provides that the Law declared by the Supreme Court shall be binding on all courts within the territory of India. Superintendent.R. he/she ceases to be a human being and that he/she can be deprived of those aspects of life which constitutes human dignity. These include rights that are related to the protection of basic human dignity as well as those for the development of the prisoner into a better human being‖ (Charles Shobraj vs. especially as regards their wide discretionary powers. f) Prisoners depend on prison authorities for almost all of their day to day needs. Following are the reasons cited in various case laws for which prisoner’s rights were recognized and upheld by the Indian judiciary. e) The convicted persons go to prisons as punishment and not for punishment (Jon Vagg. 1994) Prison sentence has to be carried out as per the court’s orders and no additional punishment can be inflicted by the prison authorities without sanction(Sunil Batra vs.

to comforts like protection from extreme cold and heat. forced labour and other problems observed by the apex court have led to judicial activism (NHRC. The judgment held that: ―No prisoner can be personally subjected to deprivation not necessitated by the fact of incarceration and the sentence of the court. poor quality of food. Mr. and counseling programmes. Unfortunately. There have been no worthwhile reforms affecting the basic issues of relevance to prison administration in India. 1980-83) Rights of the prisoners have been expressed under the Indian Constitution as well as Indian laws governing prisons. police excess. The Supreme Court and High Court rulings have played a crucial role in enumerating the rights of prisoners. to meditation and chant. 1993). poor health system support. 1980) This case recognized the various rights of prisoners in the most comprehensive manner. This case has become a landmark case in prison reforms (Sunil Batra Vs Delhi Administration. i) Overcrowded prisons. unsatisfactory living condition and allegations of indifferent and even inhuman behavior by prison staff has repeatedly attracted the attention of critics over the years. The rehabilitative model argues that the purpose of incarceration is to reform inmates through educational. A corollary of this ruling is the Right to Basic Minimum Needs necessary for the healthy maintenance of the .R. therefore. prolonged detention of under trial prisoners. Sunil Batra had written a letter from Tihar Jail. is a system designed to correct those traits that result in criminal behaviour. to freedom from indignities such as compulsory nudity.g) Imprisonment as punishment is now rethought of as „rehabilitative‟ punishment. custodial rape. unjustified prolonged incarceration. training. A land mark judgment by Justice V. (Justice A N Mulla Committee. to acquire skills and techniques. This development and growth requires certain human rights without which no reformation takes place. Delhi to the Supreme Court providing information about the torture and inhuman conditions of the prison. Correction. little has changed. Krishna Iyer enumerated basic human rights of the prisoners. All other freedoms belong to him to read and write. physical violence/torture. h) Disturbing conditions of the prison and violation of the basic human rights such as custodial deaths. forced sodomy and other such unbearable vulgarity. to movement within the prison campus subject to requirements of discipline and security. to the minimal joys of self-expression. not producing the prisoners to the court. degrading treatment. This involves a philosophy that individuals are incarcerated so that they have an opportunity to learn alternative behaviours to curb their deviant lifestyles. to exercise and recreation. lack of water supply.

The Court for the first time noted the aspect of physical needs of the prisoners (The Conjugal Right. it held that violation of a constitutional right can give rise to a civil liability enforceable in a civil court and. The Rudal Shah case (Rudal Shah v.35. Rehabilitative and Treatment programmes‖ Another land mark judgment pronounce by the judiciary is the right to compensation in cases of illegal deprivation of personal liberty. it formulates the bases for a theory of liability under which a violation of the right to personal liberty can give rise to a civil liability. timely Medical Services. But the judiciary has evolved a right to compensation in cases of illegal deprivation of personal liberty. could the court pass an order for payment of money? Was such an order in the nature of compensation consequential upon the deprivation of fundamental right? There is no expressed provision in the Constitution of India for grant of compensation for violation of a fundamental right to life and personal liberty. 1983) The decision focused on extreme concern to protect and preserve the fundamental right of a citizen. the innocent partner should not suffer. 6. ignored the technicalities while granting compensation. The Court granted monetary compensation of Rs. After his release. The decision of Rudal Shah was important in two respects. There are still many rights that are not recognized by the Indian legal system. 2003). He filed Habeas Corpus before the court for his immediate release and. Table 2 enumerates the broad categories of rights. 1983) is an instance of breakthrough in Human Rights Jurisprudence. It also calls for compensatory jurisprudence for illegal detention in prison In India. Though these rights are articulated in the case laws. For example. The Court departed from the traditional approach. This conjugal right also has a valid argument that merely because a spouse is convicted. Bedding. which are not exhaustive as this field is still developing and slowly evolving (Sreekumar R. the question before the court was "whether in exercise of jurisdiction under Article 32.2 Human Rights of prisoners: National and International Instruments:- . prayed for his rehabilitation cost. the Bombay High Court asked the Maharashtra government to examine the possibility of allowing jail inmates to have sex with their wives in privacy. in January 2010. secondly. 2010). This umbrella of rights would include: Right to proper Accommodation.body and development of the human mind. 2009). State of Bihar. the courts have acknowledged and several judgements recognise a wide array of fundamental and other rights of prisoners. Clothing. medical charges and compensation for illegal detention. they do not reach the poor prisoners. The petitioner Rudal Shah was detained illegally in prison for more than fourteen years. (Rudal Shah v. State of Bihar. considering the rapid increase in the number of HIV Positive prisoners. Hygienic living conditions. Firstly.000 against the Bihar Government for keeping the person in illegal detention for 14 years even after his acquittal. Wholesome diet. interalia. These rights have been drawn from various case laws (Madhurima.

1955)Principles of Medical Ethics relevant to the Role of Health Personnel. inhuman or degrading treatment of punishment‖ (UDHR. 1985) Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power. social and cultural contexts in a number of documents. General Assembly Resolution 47/133 (UNDPPED. CHAPTER-VIII . Inhuman or Degrading Treatment or Punishment (UN Medical Ethics. 1992) United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules. 1990) United Nations Standard Minimum Rules for Non-Custodial Measures (The Tokyo Rules. Table 1. are listed in the accompanying table.In India. 1984)Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment. The Constitution of India confers a number of fundamental rights upon citizens. in the Protection of Prisoners and Detainees against Torture and Other Cruel. These concern themselves with ensuring those basic minimum conditions in prisons which are necessary for the maintenance of human dignity and facilitate the development of prisoners into better human beings. which have articulated the prisoners‟ rights. 1985)Therefore. 1982) Convention Against Torture (UNCAT. like the Universal Declaration of Human Rights which states that: ―No one shall be subject to torture or cruel. 1948)Also important is the United Nations Covenant on Civil and Political Rights which states in part: ―All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person‖. the state is obliged to uphold and ensure observances of basic human rights. 1990) Declaration on the Protection of all Persons from Enforced Disappearance. The Indian State is also a signatory to various international instruments of human rights. 1966)There are many United Nations codified standards of treatment for prisoners across different economic. (Principles of Detention. International documents. the idea of rights of prisoners was long suppressed under the colonial rule and has only recently emerged in public discourse. (UNICCPR. 1988)Basic Principles for the Treatment of Prisoners (UNPTP. International Conventions/Regulations on Prisoners‘ Human Rights Standard Minimum Rules for the Treatment of Prisoners (OHCHR. (UNVCAP. both under national as well as international human rights law. particularly Physicians.

CONCLUSION AND SUGGESTIONS  CONCLUSION:- Thus after perusing the above chapters i. But after lapse of time the views regarding to the prisoners are changed. After independence it is accepted that the prisoners are the human being and they have rights of humanitarian. The main object of the punishment is to reform the criminal and the significant object of keeping the person behind the bar is to maintain law and order and peace in the society. it can maintain peace in the society and secondly it can reforms the criminals so that they will become to able to live in the society. therefore various steps have taken to the treatment of offenders. Thereby prison system serves two fold purposes first is. the prisoner means the criminals who commits an act against the law in which the punishment is prescribed and thereby he is punishable for imprisonment as per the law and kept behind the bar i.e. providing cloths. various jail committees were appointed thereby certain reforms have taken place in the prison system such as improving diet facility. medical facility to the prisoners. bedding. Therefore the main object of the prison system is to reform the prisoner as to make them able to live in society peacefully. right to read news paper. rights of prisoners we have to conclude that.e. The prison system in India is existed prior to independence. in prison. Therefore as the object of punishment is to reform the criminal. the model prison manual is prepared and provides certain rights to the prisoners for their reformation. novels. Therefore with a view to that object prisoners have given so many rights like right to food. to . prison system and its developments. before independence the conditions of prisoners are harsher than the animals there was no uniform code to give punishment. the prison system is established to reform them. the nature of punishment was also brutal. The term prison in the simplest sense means that the place where the criminals are kept.

Therefore with these case laws. A prisoner. the prisoners have deprived from the enjoyment of these rights. And our judiciary plays a significant role to protect these rights of the prisoners. Therefore the duty task upon the State to provides these rights to the prisoners effectively.  SUGGESTIONS:- The researcher on the basis of research done hereby gives some of the suggestions. Therefore by virtue of this object prisoners acquired right to bail. Just being in prison he doesn‘t deprive them from their fundamental rights. These are enumerated under the criminal law. In the Sunil Batra case. Krishna Iyer J stated that solitary confinements. to free in jail in a particular period. protection from double jeopardy. bar fetters and whipping are ―barbaric‖. right to life and personal liberty. right to reasonable wages. right against inhuman treatment. and many a times due to overcrowding in jail. in the prison as they are human being. right to meet friends and consult lawyers. free legal aid. It is clear that our judiciary took several efforts to protect these rights of the prisoners. delay in trial. because in several times it reveals that due to the complaints of the prisoners. not providing proper food etc. . But however the fact remains that it is the police and the prison authorities who need to be trained and oriented so that they take prisoner‘s rights seriously. It is the sacred duty of the court to protect these rights of prisoners as he is the custodian and protector of these rights. that the prison authority has not followed the directions of the Supreme Court regarding to handcuffing. handcuffing. does not cease to be a human being. availability of serious medical treatment in the jail. freedom of speech and expression. They also have all the rights which a free man has but under some restrictions. torture.take education. The Hon‘ble Supreme Court of India time to time recognized these rights and gives directions to the State for implementation of these rights properly. right to life etc. Thereby due to these reason the purpose of prison to reform the prisoner in some extent cannot be achieved. In 1966 the Supreme Court granted convict prabhakar permission to publish a book which based on is life. right against solitary confinement. these rights are guaranteed by the constitution of India therefore the state has no authority to violate these rights. which are defined under chapter 3rd. bar fetters. speedy trial. The Supreme Court in various case laws such as. Constitutional Law and under the various statutes. be he a convict or under-trial or a detenue.

and via video conferencing. However. MBA & other post graduation courses therefore study material should be provided to the prisoners and permission can be given to join the classes of 10th and +2 for basic guidance. stitching and making embroidery items. as they become more prone to crimes while in the company of more experienced and hardened criminals. Courses mainly offered by them are BA. which would become possible if the number of judges in the higher judiciary is increased. Number of judges should be increased for speedy disposal of matters and to the ends of justice. Lok Adalats. MA. making toys. Free legal aid should be providing to the prisoners without delay and meritorious advocates should be appointed on the legal aid committee to meet the ends of justice. V. Programs for women empowerment shall have to organize by the jail authority by training them in weaving. special court for special offences like Corruption. VIII. is should be ensured that the prisoners should not be forced to plead guilty in such fast-track courts in the hope of getting a lesser sentence. Modern methods of information technology and e-governance should be pressed into service for improvements in this regard. In many jails. The overcrowding in the prison should be removed by increasing rooms in the prison. II. inmates including hardcore criminals and women had joined various courses offered by IGNOU and their respective State Universities.I. III. Maharashtra Control of Organized crimes. IV. As there is also a great need for expedited appeal hearings. In jails with a view of imparting vocational training a fully fledged computer training centres shall be established. It similarly recommended that persons arrested for politico-economic agitations for public causes should not be confined to prisons with regular prisoners. . improved prisons wages all-round entertainment facilities and better health check-up facilities form the bare minimum required if prison are truly to be a place for reforming and rehabilitating an individual rather than further hardened a criminal. Young offenders aged between 18 and 21 should not be confined in prisons with the adult offenders. The prisoners shall be provide adequate sanitation. Minimum prisoner shall be kept in one room. Rehabilitation of inmates will be meaningful only if they are employed after release and for that purpose educational facilities should be introduced or upgraded. VII. VI. Speedy trial shall be conducted effectively as to reducing the population under the jail by way of establishing special fast-track courts.

Reformative steps shall be taken to reform the criminals by providing the education to them and for that all educational facilities should be required to provide such as books. Canteen facility should be proved to the prisoners in jail and the rates of the canteen food should reasonable and easily affordable to all the prisoners. library. minorities and steps to reduce the violence in prisons.IX. creative and potential citizen. X. XIV. which is required to be improved. Thus such practices will help in changing the traditional and colonial outlook of the Indian Prison System and also help the prisoners to become more responsible. Various seminars shall be organized by jail authorities to enlighten the prisoners on their legal rights. to bring them on the correct line. . Many inmates usually complained about inadequate quality and quantity of food. XIII. ―Prisons should be changed into hospitals to give treatment to offenders.‖ XV. XI. The food is required to be prepared in better hygienic conditions. Prison administration should take adequate steps for effective centralization of prisons and a uniform jail manual should be drafted throughout the country. and separate reading room. Officer of the jail should be changed into a doctor. Wage earning and gratuity schemes and incentives shall also be used to reduce the psychological burden on the women prisoner. The uniformity of standards can be maintained throughout all the States. health and sanitation problems. The offenders shall feel that officers of the jail are their friends. XII. HIV/AIDS and issues of mental health. juveniles.

wikipedia. ARTICLES.J.Volume 41(Part 1) III.com 5) Supremecourtofindia.pandey.N.businessdictionary.M. and Ministry of Social Justice India. Journal of the Indian Law Institute-1993-Volume 35 (Part-II) 2.com 8) En.seervai iii) The Constitutional Law of India.Jain ii) Constitution of India.org/wiki/ .nic. WEBSITES: 1) Web site of Law Ministry.in 6) www.P. iv)___________________________________ II. 2) www. JOURNALS AND REPORTS: 1.com 4) www. Journal of the Indian Law Institute-1999.indiakanon.legalserviceindia.wikipedia.com 7) www.supremecourtcases.rog 3) www.CHAPTER-IX BIBLIOGRAPHY AND REFERENCES I. BOOKS: i) Indian Constitutional Law.