Prisoners Right in India
Prisoner’s Rights in India
Constitution of
India does not expressly provide the provisions related to the prisoners rights
but in the case of [T.V. Vatheeswaran Vs State of Tamil Nadu 1983 (2) SCC 68],
it was held that the Articles 14, 19 & 21 are available to the prisoners as
well as freemen. Prison walls do not keep out fundamental rights.
Following are the
rights of prisoners which are implicitly provided under the Article 21 of the
Constitution of India
• Right To Free Legal Aid;
Though the Right to
Legal Aid is not something explicitly defined by Constitution of India, the
legal executives often display kindness towards detainees who cannot afford it
or simply connect with the legal counsellor voluntarily. Free Legal Aid is
included by the 42nd Amendment Act, 1976, as one of the Directive Principles of
State Policy under Article 39-A of the Constitution of India. Although it is
the most significant and direct Article of the Constitution, which discusses
Free Legal aid, this Article is not exactly enforceable by Courts. Still, these
guidelines are central to administering appropriate legislation. Article 37 of
the Constitution of India directs the State to apply these standards.
Right To Speedy
Trial;
The Speedy Trial is
an essential feature of fair trial as adage; Justice hurried is Justice
worried. Thus there is need to strike balance between right of the accused to
have a speedy trial and right of the prosecution to fair opportunity to
establish guilt of accused. The concept of right to speedy trial flows from
Article 21 of the Constitution of India.
The Speedy Trial of
offenses is one of the essential targets of the criminal equity conveyance
framework. When the Court takes the comprehension of the allegation, then the
prosecution must be directed speedily to rebuff the one who is liable and to
exonerate the guiltless.
• Right Against Cruel &
Unusual Punishment;
Human rights are
part and parcel of Human Dignity. The Supreme Court in catena of Judgments has
taken serious note of the inhuman treatment on prisoners and issued appropriate
directions to the prison and police authorities for safeguarding the rights of
the prisoners and the persons in lock-ups. The treatment to a human being which
offends human dignity, imposes avoidable torture and reduces the man to the
level of a beast would certainly be arbitrary and can be questioned under
Article 14 of the Constitution of India. In [Raghubir Singh & Ors Vs State
of Bihar, AIR 1987 sc 149], the Supreme Court expressed its anguish over police
torture upholding the life sentence awarded to a police officer responsible for
the death of a suspect due to torture in the police lock-up. In [Kishore Singh
Vs State of Rajasthan, AIR 1981 SC 62], the Supreme Court held that the use of
third degree method by police is violative of Article 21 of the Constitution of
India.
• Right To Fair Trial;
The golden rule
that runs through the web of civilized criminal jurisprudence is that an
accused is presumed innocent until proved guilty of the charged offence.
Presumption of innocence is a human right recognized as such under Article 14
(2) on the International Covenant on Civil & Political Rights 1966. Article
11(1) of the Universal Declaration of Human Rights 1948, also provides that any
person charged with penal offences has a right to be presumed innocent until
proved guilty according to law in public trial in which he/she has all the
guarantees necessary for his/her defence. Even before these declarations, this
principle was part of common law of England as observed by Viscount Sankey in
[Woolington Vs Director of Public Prosecutions, (1935 AC 462)]. The right to
Fair Trial is one of the fundamental guarantee of human rights and Rule of Law,
aimed at ensuring administration of justice.
Right To Live With
Human Dignity;
The right of a
human being to live with dignity is protected by the Constitution of India.
This right is also given to the prisoners as their mere conviction does not
render them inhuman. This right forms a significant part of right to life
guaranteed under the constitution of India. The idea behind is that every
persons life is precious and irrespective of the circumstances, he/she should
be given a sense of dignity to help him/her continue living.
Apart from these
rights of prisoners Constitution of India also provides following rights to the
prisoners:
• Right To Meet Friends
& Consult Lawyer;
The horizon of
Human Rights is expanding and the Prisoners rights have been recognized not
only to protect them from physical discomfort and torture, but also to save
them from mental torture. The right to have interview with the members of ones
family and friends is clearly part of the Personal Liberty enshrined in Article
21 of the Constitution of India.
Prisoners Rights
under the Prisons Act, 1894
Prisons Act, of
1894 is the first legislation regarding prison regulation in India. This Act
mainly focus on reformation of prisoners in connection with the rights of
prisoners. Following Sections of the Prisons Act, 1894 are related with the
reformation of prisoners:
• Accommodation & Sanitary
Conditions For Prisoners; Section 4 of the Prisons Act, 1894
• Provision For The Shelter
& Safe Custody Of The Excess Number Of Prisoners Who Cannot Be Safely Kept
In Any Prison; Section 7 of the Prisons Act, 1894
• Provisions Relating To The
Examination Of Prisoners By Qualified Medical Officer; Section 24 (2) of the
Prisons Act, 1894
• Provisions Relating To
Separation Of Prisoners, Containing Female & Male Prisoners, Civil and
Criminal Prisoners and Convicted and Under-trial Prisoners; Section 27 of the
Prisons Act, 1894
• Provisions Relating To
Treatment Of Under-trials, Civil Prisoners, Parole and Temporary Release Of
Prisoners; Sections 31 & 35 of the Prisons Act, 1894
Legal Basta law firm actively supports in term of Free Legal assistance- and legal help to the victims of sexual abuse and always take legal stand for the legal rights of child and women…
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