“Rights of Prisoners under Indian

Law”

Submitted to:- Submitted by:-

Ms. Kanchan Lavania Shrey Hasija

Asst. Professor,VSLLS, BBA LLB 7M

VIPS
13117703520
DECLARATION

I hereby declare that the project work entitled “Rights of Prisoners under Indian Law”
submitted to Vivekananda Institute of Professional Studies, Delhi is a record of an original
work done by me under the guidance of Ms. Kanchan Lavania, Assistant Professor, Law,
VSLLS, and this project work is submitted in the partial fulfilment of the requirements for
the award of the degree of BBA LLB. The results embodied in this thesis have not been
submitted to any University or Institute for the award of any degreeor diploma.

ACKNOWLEDGEMENT

I have taken sincere efforts towards the completion this project. However, it would not have
been possible without the kind support and help of many individuals and organizations. I
would like to extend my sincere thanks and gratitude to all of them. First and foremost, I
would like to thank Dr. Rashmi Salpekar, Dean, VSLLS for providing me with this golden
opportunity to work on a project through which I’m able to enhance my research skills later
required in the field of law and for always supporting the students in the best possible manner.
I would like to express my special gratitude to Ms. Kanchan Lavania, Assistant Professor,
VSLLS for his guidance and constant supervision as well as for providing necessary
information regarding the project whenever required. I would like to express my gratitude
towards my parents for believing in me and displaying kind co-operation and encouragement
which helped me in completion of this project. My thanks and appreciations also go to my
fellow classmates who have willingly helped me out with their abilities whenever I had
reached out to them.
ABSTRACT

Imprisonment is a feature of the penal system of every country in the modern world, and its
use has been growing rapidly over many decades. There are around 10.36 million prisoners
across the world today, according to the World Prison Brief database on prisoners and
according to the National Crime Records Bureau Ministry of Home Affairs there are 1387
functioning of jails in India, having capacity to house 356,561 prisoners but at the same time
418,536 inmates are in jails across the India in which 2.8 lakh of them are under trials which
is equal to the population of a country Barbados. During this research, researcher carried out
the case study which is based on the primary and secondary data gathered from various
sources, books, journals, newspapers and preliminary proceedings. The paper aims to
examine the judicial attitudes towards the Indian Prison system. The purpose of this study is
to analyze the rights of prisoners under Indian law. The research covers the historical
background, constitutional and statutory provisions of the prisoners which is supported by
case laws. Moreover, the rights enjoyed by Prisoners, under Article 14, 19 and 21, though
limited, are not static and will rise to human rights when challenging a situation arises. The
state of health is also an important issue which needs attention to the prison authorities. The
unique characteristics of prisons have important implications for treating clients in this
setting. Though by no means exhaustive, this paper highlights the most salient affecting the
delivery of effective treatment to a variety of populations within the prison system.
Correction is a scientific approach to achieving the positive purpose of punishment. The
focus of attention always remains on the prisoner, to reformulate his attitude and habits by
adopting scientific methods and suitable programs so that after release, he may lead the life of
a law-abiding citizens. The Indian prison system is no better for the reason that economic
conditions do not permit to evolution of better modes of prison management. Therefore,
reconstructing of prisons in India needs prime attention

Hate the crime and not the criminal -Mahatma Gandhi

All men are born equal and are endowed by their creator with some basic rights. These
rights are mainly right to life and liberty, but if any person doesn’t comply with ethics of the
society then that person is deprived by these rights with proper punishments. Around 300
years ago, conditions of prisoners was just next to worse, because they were brutally treated
and there was no specific provisions for them. After a long struggle society recognized that
there are, Rights of Prisoners which should be made available to them. Main objective of
prisons is to bring the offenders back to the mainstream of the society. If a person commits
any crime, it does not mean that by committing crime, he ceases to be a human being and
that he can deprive off those aspects of life which constitutes human dignity.

HISTORICAL BACKGROUND OF PRISON AND PRISONERS

The word ‘Prison’ doesn’t mean “to use sudden force” or “to cage”. The prison is an old age
foundation. Prison is a place, properly arranged for those culprits through legal process are
kept for safe custody while in trial or for punishment. Initially, it was just a place where
offenders are kept for trials and ultimate punishment, but their occurred an intermediate
point-imprisonment was regarded in itself. Lord Macaulay in his book “Minutes of 1835”
said that –“Imprisonment is the punishment to which we must chiefly trust”. He was the one
who put the idea for the idea for the establishment of such rules and regulations, main aim
was to destroy criminal streak among convicted offenders. If we turn the pages of our past
Indian history, there are descriptions of prisoners, in Manusmriti it is stated that king should
have all the prisons where all the evil and wrongdoers are kept. In the historical writings of
Huein-Tsang and Fa-Hein polished treatment of prisoners was unknown during ancient
India and also stated about brutal and barbaric punishment of the prisoners. The post
independence period saw a major change in our prison system. Government took special
interest in it . Around 1951, experts were invited from United Nations to study the prison
administration and they were said to suggest some suggestion so as to develop prisoner’s
rights. Very shock to know this fact even till now many civilized countries like India, China
doesn’t have codified rights of the prisoners, but still our Honorable judiciary has
recognized a long list of right of prisoners and still government is working for the welfare of
the prisoners.

FUNDAMENTAL CONCEPT ABOUT THE TOPIC

All the human beings have their own fundamental rights. Likewise prisoners also entitled to
some extent of their fundamental rights. In most of the part of the world the rights of the
prisoners get deprived when they are behind bars, which is merely wrong even though he is
an offender but still no one can take his human rights. The aim of this is to take a small step
in trying to open up debate for the rights of prisoners. Such an endeavor involves trying to
stimulate the recognition and development of a variety of constituencies intimately engaged
in and knowledgeable about a range of penal issues so that the prisoner’s rights are put back
on the political agenda. It helps in opening up voices and those of their support
organizations are heard and their identities and concerns are recognized in all their diversity.
In Indian constitution, there was no express provisions related to the rights of prisoners but
in the case of STATE OF ANDHRA PRADESH V. CHALLA RAMKRISHNAN REDDY,
it was held that the prisoners are also a person and they will not lose their basic
constitutional rights. The Supreme Case stated that a “prisoners whether a convict, under-
trial, does not cease to be a human being and while lodged in jail, he enjoys all his FRs as
mentioned by the constitution including Article 21-right to life.” There are various hidden
and visual issues of the effective prison system in India. Major problems, issues and trends
facing in prisons today are-:
Overcrowding- In Indian prison system, overcrowding is a dilemma because prisons are
highly overcrowded and on other hand prisons are less in number. As per UN Global Report
on Crime and Justice 2010 in the Asian countries studies have revealed that more than 30%
of prisons population consist of under-trial / remand detention and in many Asian countries
this figure rose to over 50 %. The report also states that during the year 1997-2007 there is
an increase of 52.6 % in the prison population. With such high percentage of increase of
prisoners in the prisons during the above-mentioned time period, there should have been
increase in the infrastructure, facilities and staff strength to maintain such big inflow of
prisoners. Mental Illness- More than half of the population of prisoners have mental health
issues. Most inmates have several problems along with substance addiction, anxiety,
depression, and disorders. A study carried out by the Government Medical College,
Amritsar, and MM College, Haryana found that psychiatric illness in 23.8% of the 500
convicts lodged there. This was the report of Central jail, Amritsar and the assumption was
made that these facts and figures may be also of the other jails of the country. Racism-
Racism is one of the problems in prisons. Prisons are being discriminated on the grounds of
age, gender, race, religion and disability. 8Verbal abuse was the most common reason for
alleging discrimination. Being denied access to the regime; and routine favouritism , where
white prisoners were allegedly treated more leniently or given more benefits. Gang Activity-
Common activity in prisons which are a source of safety in a dangerous environment and
they regulate social and economic affairs, including the underground economy. People in
prisons do this because of their vulnerable feeling and turning to gangs is a way to protect
oneself from other inmates. Inmate Rehabilitation-Rehabilitation is the re-integration into
society of a convicted person and the main objective of modern penal policy, to counter
habitual offending, also known as criminal recidivism.
Private Prisons- It’s a kind of inequality among elite class and the poor one’s of the society.
This leads to higher employee turnover and decreased security in the prisons which
motivates them to commit offence again and again.

CONSTITUTIONAL AND OTHER STATUTORY PROVISIONS

According to our article 21 of the constitution which prohibits any inhuman, cruel or
degrading treatments to any person (either citizen or non-citizen) will be punished. In the
same way, Prisoners Act, 1984 specifically dealt with cruelty of prisoners. If any excesses
are committed on a prisoners, the prison official is responsible for that. The Indian judiciary,
specially Supreme Court in the recent past years has been very vigilant against
encroachments upon the human rights of the prisoners. Right to Legal Aid- Although our
country is having a complex economic structure and hence crisis arise like poverty,
destitution and illiteracy, so providing legal machinery itself is expected to deal with that.
Legal Aid gives assurance to: • Equality before law • Right to Counsel • Right to fair trial.
Indian judiciary has played a vital role in developing the concept of legal aid and also
widened it’s scope to give fair justice to the prisoners. In the case of 10M.H. WADANRAO
HOSKOT V. STATE OF MAHARASHTRA,the court held that the right to legal aid is one
of the ingredients of the procedure. Right to Speedy Trial - One of the fundamental right of
a prisoner mentioned in article 21 of the constitution. It ensures just, fair and reasonable
procedure. It also ensures that prosecutor may not delay the trial of a criminal suspect
arbitrarily which serves the social welfare of the state and to give justice to the victims of
the crimes. Initially, right to speedy trial was firstly discussed in the landmark document of
English law, the Magna Carta. Right to speedy trial is an abstract idea which deals with the
disposal of along with the justice. In the leading landmark case HUSSAINARA KHATOON
V. HOME SECRETARY, STATE OF BIHAR, it was held that speedy trial of a accused is
his fundamental right under Article 21. If any person who denied his right to speedy trial
can directly go to Supreme Court under Article 32 for enforcing such rights. Right against
Solitary Confinement, Handcuffing & Bar Fetters and Protection from Torture- “Solitary
Confinment”, according to Black’s law dictionary, in general sense, means the separate
confinement of a prisoner,with only occasional access of any other person, and that too only
at the discretion of the jail authorities and in stricter sense, it means the complete isolation
of a prisoners from all human society and his confinement in a cell is arranged that he has so
no direct intercourse with or sight of no human being or no employment or instruction. In
SUNIL BATRA V. DELHI ADMINISTRATION it was held that solitary confinement
could be imposed only in exceptional cases where a convict was of such a dangerous
character that he must be segregated from other prisoners. Solitary confinement has a
degrading and dehumanizing effect on prisoners. Constant and unrelieved isolation of
prisoners represents the most destructive abnormal environment. Results of long solitary
confinement are disastrous to the physical and mental health of those who subjected to it.
Right to reasonable wages-Whenever during the imprisonment, the prisoners are made to
work in the prison, they must be paid at the reasonable rate. The wage rate should not trival
or below minimum wages. In MOHAMMAD GIASUDDIN V. STATE OF A.P., the court
directed the State to take into account this factor, while finalizing the rules for payment of
wages to prisoners as well as to give retrospective effect to wage policy. In the matter of
P.R.E. of Wages of Prisoners, the court has held that labour taken from the prisoners, which
has not properly remunerated was “forced labour” and hence violative of article 23 of the
constitution. Right to meet friends and their Consult lawyer- Prisoners are not only
protected physically but also mentally. It is necessary for individuals to meet for the purpose
of information, it’s people’s right. Consult lawyers are their legal representatives, the act
done by them directly affects the convict’s case. Visiting of friends and family members
give them mental stability to survive in such a worst condition where people are unknown to
each other. In FRANCIS CORALIE MULLIN V. THE ADMINISTRATOR, UNION
TERRITORY OF DELHI AND OTHERS, the Supreme Court held that prisoners can have
interview with family members, friends and lawyers without any severe restrictions, and
allowed to go outside the jail and could not socialize with persons outside jail.

CONCLUSION

The days are gone when prisons were dungeons where prisoners were lodged to pass their
days in dark cells. The prisons are no more the institutions designed to achieve only the
retributive and deterrent aspects of punishment. Prisons are now the places, where the
inmates are lodged not as a forgotten or forsaking members of the society but as human
beings who have to go out in to their surroundings as well behaving as reformed persons.
For a prisoner, the imprisonment itself is a punishment and thus, prisons are expected to be
places of rehabilitation, not places where extra punishment is added resulting into the
violation of their human rights. In Manna V. People of Illinois, U.S. Supreme Court stated
that life is not a merely existence. The humans behind the prisons cannot be denied the
same. The importance of affirmed rights of every human being need no emphasis and,
therefore it is a duty of court of justice to protect the fundamental rights of the prisoners.
Recently, the government of Himachal Pradesh had lifted ban on wearing Gandhi cap in
jails. Various seminars are organized by jail authorities to enlighten the prisoners on their
legal rights, health and sanitation problems, HIV/AIDS and issues of mental health. The
open prison system has come as a very modern and effective alternative to the system of
closed imprisonment. Such practices are helping in changing the traditional and colonial
outlook of the Indian prison system and also help the prisoners to become more responsible,
creative and potential citizen. Yet several steps have been taken to improve the conditions of
prisons, but much more is required to be done. Central government along with NGO’s and
prison administration should take adequate steps for effective centralization of prisons.