RESEARCH PAPER ON

PROTECTION AND RIGHTS OF PRISONERS UNDER INDIAN LAW

-KOUSTUBHI TABHANE

Student, BALLB(4th Semester),Kalinga University,

New Raipur, Chhattisgarh

ABSTRACT

Prisoners typically refers to individuals who have been convicted of committing a crime and
are serving sentences in correctional facilities, also known as prisons. These facilities are
designed to confine individuals who have been deemed guilty by a court of law, either
through a trial process or by pleading guilty. Prisons serve multiple purposes, including
punishment for the committed crime, deterrence of future criminal behavior, rehabilitation of
the offenders, and protection of society from potential harm. Within prisons, inmates may
undergo various programs and interventions aimed at “addressing underlying issues such as
substance abuse, mental health issues”, and lack of education or job skills, with goal of
facilitating their reintegration into society upon release. Some prisons may offer better
facilities, educational opportunities, and support services than others. However,
overcrowding, violence, and inadequate access to healthcare and rehabilitation programs are
persistent challenges faced by many prison systems worldwide.

KEYWORDS

o Prisoners
o Convicted
o Punishment
o Crime
o Prison
INTRODUCTION

The rights of prisoners are fundamental human rights that ensure fair treatment
and protection for individuals who have been incarcerated. These rights are
intended to uphold their dignity, safety, and well-being, while also
acknowledging their status as human beings deserving of respect and justice.
Understanding and respecting the rights of prisoners is crucial for maintaining a
just and humane criminal justice system. An introduction to some of the key
rights afforded to prisoners: Basic Human Rights, Access to medical care, Safety
and Security, Legal Rights, Education and Rehabilitation. In India, the rights of
prisoners are enshrined in various legal instruments, including the Constitution of
India, statutes, and international human rights conventions. These rights are
crucial for upholding the principles of justice, dignity, and rehabilitation within
the criminal justice system. An introduction to the rights of prisoners under
Indian law: Constitutional Protections, Legal Representation, Protection from
Torture and Abuse, Legal Aid and Assistance and Conditions of Detention.

The Supreme Court has held that "there could be several factors that lead a
prisoner to commit a crime but nevertheless a prisoner is required to be treated
as a human being entitled to all the basic human rights, human dignity and
human sympathy."1

"Crime is the outcome of a diseased mind and jail must have an environment of
hospital for treatment and care." - Mahatma Gandhi

In the case of “State of A.P. Vs. Challa Ramkrishna Reddy & Ors. (2000) 5 SCC
712”2, the Supreme Court held that a prisoner is entitled to all his fundamental
rights unless his liberty has been constitutionally curtailed.

1
SC Order in Re - Inhuman Conditions in 1382 Prisons dated 5th February 2016. W.P.(C) No.406 of 2013
2
(2000) 5 SCC 712
WHO IS PRISONER

A prisoner, in its simplest definition, is an individual who has been deprived of their freedom
and is confined to a correctional facility, jail, or prison as a result of being convicted of a
crime, awaiting trial, or being held under other lawful detention circumstances. Here are
some common categories of prisoners:

1. Convicted Offenders: These individuals have been found guilty of a crime through a legal
process, such as a trial or plea bargain, and have been sentenced to a period of incarceration
as punishment.

2. Pretrial Detainees: Persons who have been arrested but not yet tried or sentenced. They are
held in custody awaiting trial or resolution of their legal case.

3. Remand Prisoners: Individuals detained by law enforcement or judicial authorities pending

investigation, trial, or resolution of their legal status.

4. Political Prisoners: Those who are incarcerated due to their political beliefs, activism, or
opposition to the government, often under charges related to sedition, national security, or
dissent.

5. Prisoners of War (POWs): Individuals captured during armed conflict who are held by
opposing forces in accordance with international humanitarian law. They are afforded specific
protections under the Geneva Conventions and other international agreements.

Overall, a prisoner can refer to anyone who is confined or detained by legal authority,
regardless of the specific circumstances leading to their incarceration. Each category of
prisoners may have distinct rights, legal protections, and conditions of confinement,
depending on the jurisdiction and applicable laws. The term "prisoner" encompasses a diverse
range of individuals who are subject to confinement or detention within the criminal justice
system for various reasons, including punishment, rehabilitation, or security considerations.
Regardless of the specific circumstances of their detention, prisoners are entitled to certain
rights and protections under domestic and international law to ensure their dignity, safety, and
well-being.

CATEGORIES OF PRISONERS

o CRIMINAL PRISONER - A "criminal prisoner" is a term commonly used to

refer to individuals who have been convicted of committing a criminal
 offense and are serving a sentence of incarceration as a result. These
individuals have gone through a legal process, which may have included a
trial or plea bargain, where they were found guilty of committing a crime.

o CONVICTED CRIMINAL PRISONER - A convicted criminal prisoner is an

individual who has been found guilty of committing a crime by a court of law and
subsequently sentenced to serve time in prison or jail as punishment for their actions.
Once convicted, they lose their freedom and are confined to a correctional facility for
a specified period of time determined by the severity of their offense and the
sentencing guidelines of the jurisdiction in which they were convicted. These
individuals may serve their sentences in various types of correctional institutions,
ranging from minimum-security facilities to maximum-security prisons, depending on
the nature of their crime and their behavior while incarcerated.

o CIVIL PRISONER - Civil prisoners are individuals who are confined in prison not
because they have been convicted of a criminal offense, but rather due to civil matters
such as non-payment of debt, contempt of court, failure to comply with a court order,
or other civil infractions. Unlike criminal prisoners who have been convicted of
breaking criminal laws, civil prisoners are usually held for reasons related to civil
disputes or legal obligations. The procedures and rights afforded to civil prisoners can
vary significantly depending on the jurisdiction and the specific circumstances of their
confinement.

o CONVICT - The term "convict" typically refers to a person who has been found
guilty of committing a crime by a court of law. In legal terms, a convict is someone
who has been convicted, meaning they have been formally judged to be guilty of a
criminal offense through the legal process. Once convicted, the individual may face
various penalties or punishments, such as imprisonment, fines, probation, or
community service, depending on the severity of the offense and the laws of the
jurisdiction in which they were convicted. The term "convict" can also be used as a
noun to refer to a person who has been convicted of a crime, and as a verb to describe
the act of finding someone guilty of a crime in a court of law.
 o UNDER TRIAL PRISONERS - "Under trial prisoners," also known as "pretrial
detainees" or "remand prisoners," are individuals who have been accused of
committing a crime and are awaiting trial or final judgment in court. These
individuals have not been convicted of any crime but are detained in custody either
because they were denied bail or because they were unable to afford bail while
awaiting trial. Under trial prisoners retain their presumption of innocence until proven
guilty and are entitled to certain legal rights, such as the right to legal representation,
the right to a fair and speedy trial, and the right to be treated humanely while in
custody. The length of time individuals spend as under trial prisoners can vary
depending on factors such as the complexity of the case, court scheduling, and legal
procedures. If found not guilty at trial, under trial prisoners are released, but if found
guilty, they become convicted prisoners and are subject to the appropriate penalties or
punishments.

ARTICLES GRANTING RIGHTS TO PRISONERS:

o “ARTICLE 14” - The State shall not deny to any person equality before the law or the
equal protection of the laws within the territory of India.3 The Constitution of India,
and its fundamental freedoms, provide a framework for prison authorities to classify
prisoners with the aim of rehabilitation. The Supreme Court has raised serious
concerns about the inhumane treatment of prisoners and has directed prison and police
authorities to protect their rights. Any treatment that violates human dignity, causes
unnecessary suffering, or degrades a person to the level of an animal would be
considered arbitrary and could be challenged under Article 14 of the Indian
Constitution..4
o “ARTICLE 19” - Article 19 of the Indian Constitution guarantees certain fundamental
rights related to freedom of speech and expression, assembly, association, movement,
residence, and profession. These rights are considered essential for the functioning of
a democratic society and are protected by the Constitution.5

3
Constitution of India,1950
4
Prime Legal, “THE RIGTHS OF PRISONERS ENSHRINED IN THE CONSTITUTION OF INDIA”,06,2023

5
Constitution of India,1950
 o “ARTICLE 21”- The Indian Constitution ensures that no individual can be deprived of
their life or personal liberty except through due legal process. This provision
safeguards both the rights to life and liberty, applying equally to individuals whether
they are free or incarcerated..6

LEGAL RIGHTS OF PRISONERS

o “Rights to accommodation for prisoners(section4)”- The prisoners have the right to be

provided accommodation constructed and maintained according to the provision of
the Prisons Act, 18947.The Model Prison Manual (2016) also mentions that living
conditions in every prison shall be compatible with human dignity in all aspects such
as accommodation, hygiene, sanitation, food, clothing, medical facilities, etc.

o “Maintenance of certain prisoners from private sources (Section 31)” - A civil

prisoner or an undertrial criminal prisoner is allowed to sustain themselves and obtain
food, clothing, bedding, or other essentials either through purchase or from private
sources during designated hours. However, this is subject to inspection and
regulations approved by the Inspector General.8

o “Solitary Confinement. (Section 29)” - Solitary confinement cells must be equipped

to allow prisoners to communicate with a prison officer whenever needed.
Additionally, any prisoner placed in solitary confinement for longer than twenty-four
hours, whether for disciplinary reasons or otherwise, must be visited at least once a
day by either the Medical Officer or a designated medical staff member..9

OTHERS RIGHTS OF PRISONERS

o “Right of inmates to live in humane and good conditions” -In the case of “Upendra
Baxi v. State of U.P”10., the Supreme Court gave various directions in order to ensure
that the inmates of the protective Home at Agra did not continue to live in inhumane
and degrading conditions and that the right to live with dignity enshrined in Article 21
of the Constitution was made real and meaningful for them.

6
Constitution of India,1950
7
The Prisons Act, of 1894
8
The Prisoner Act, of 1894
9
The Prisoner Act, of 1894

10
(1983) 2 SCC 308
 o “Right to free legal aid” - Anyone who is arrested has the right to consult a lawyer.
This is a constitutional guarantee and a fundamental right.In the case of “M.H.
Wadanrao Haskot Vs. State of Maharashtra”11, the Supreme Court held that the right
to legal aid is one of the ingredients of fair procedure . “Article 39A” of the
Constitution further provides the State to provide free legal aid to the poor and weaker
sections of society including the prisoners12. It was held by the Supreme Court in the
case of “Hussainara Khatoon (IV) Vs. State of Bihar”, for a person accused of an
offence.

o “Right to speedy trial”- Is a fundamental right of a prisoner contained in “Article 21”

of the Constitution of India. This right is not only for the innocent. The Constitution
ensures just, fair and reasonable procedure as regards trial.In the case of “Hussainara
Khatoon v. State of Bihar”13, a shocking state of affairs in regard to giving justice
came to light. An alarmingly large number of men and women, including children
were behind prison bars for years awaiting trial in the court of law. The Hon'ble
Supreme Court in the case of” Rattiram v. State of M.P.”14,also held that the accused is
entitled to a speedy trial. The whole purpose of a speedy trial is intended to avoid
oppression and prevent delay.

CONCLUSION

In India, even after being convicted of a crime, prisoners maintain their basic human rights
according to the law. However, there are limitations and legal restrictions on their status.
Challenges such as overcrowding, insufficient training facilities, and poor infrastructure
persist in prisons, leading the Supreme Court to repeatedly urge government action. Despite
progress since independence, incidents of custodial deaths, brutality, abuse, and mistreatment
of prisoners are still reported nationwide. Furthermore, discrimination based on caste and
religion remains prevalent within the prison system. Prisons are now seen not only as
punitive institutions but also as places for rehabilitation. The focus has shifted from strict
punishment and deterrence to promoting reform. It is acknowledged that imprisonment itself
is a form of punishment, and prisons should not exacerbate this by violating the rights of
inmates.

11
(1978) 3 SCC 544
12
Constitution of India, 1950
13
(1980) 1 SCC 81
14
(2012) 4 SCC 516