Like any other person, even the prisoners have certain rights and this article would discuss the same. Let us have a look at the various rights of consumers.
- Right to Privacy
Right to Privacy forms a distinctive part of the Indian Constitution. It forms an important part of Article 21 i.e. Right to Life and Liberty. In the case of Rohit Shekha v. N.D Tiwari, the court held that nobody should be compelled to be subjected to any techniques in question at any circumstances, even when it is in the context of an investigation in a criminal case. Proceeding with such acts would result in an unwarranted intrusion into an individual’s personal liberty. It is equally important that adequate space is provided for the voluntary administration of the impugned techniques in the context of criminal justice on conditions that certain safeguards are in place.
- Right against solitary confinement and bar fetters
Solitary confinement is a kind of imprisonment in which the convict or prisoner is kept in a different cell with little or no contact from other inmates. In addition to that strict monitoring is done on the habits and behavior of the person. The idea behind solitary confinement is to teach notorious convicts’ discipline and provide safety to other inmates from them. [1]
- Right to life and personal liberty
The Hon’ble Supreme Court has repeatedly applied the rule of Article 21 in numerous cases and asserted its significance in several other. It has expanded the connotation of the word “life” given by Field J. in the much-known case of Kharak Singh v. State of UP. In the said case, the court ruled that the term “life” connotes more than mere existence like that of an animal.
- Right to live with human dignity
This right forms a crucial part of Article 21 i.e. Right to Life and Liberty and protects the prisoners. The Supreme Court in State of Andhra Pradesh v. Challa Ramakrishna Reddy held that the right to life is one of the basic human rights which is guaranteed to every person by Article 21. It is so fundamental that even the State has no authority to violate it. A prisoner does not cease to be a human being even when lodged in jail. He continues to be a human and therefore is entitled to enjoy all the fundamental rights including the right to life.
- Right to proper medical treatment.
In various judgements, the Courts have held that Right to health and medical treatments forms an important part of Article 21. The court in Paschim Bengal Khet Mazdoor Samiti v. State of West Bengal, that a government hospital cannot deny any patient the right to treatment on the grounds of non-availability of beds. Doing so would amount to a breach of Article 21 that highlights the ‘right to life’. This article imposes strict obligations on the State to make available the necessary medical assistance to an aggrieved person as protection of human life is of utmost significance
- Right to speedy trial
Right to speedy trial is mentioned in section 309 CrPC. [2]
- Right to free legal aid
The 42nd Amendment to the Constitution (1976) of India incorporated services of free legal aid as Article 39A under the head Directive Principles of State Policy. The parliament has enacted the Legal Services Authorities Act in 1987 wherein it guaranteed legal Aid. It also directed various state governments to set up Legal Aid and Advice Boards, and frame schemes aiming to provide Free Legal Aid. This was done so that the Constitutional mandate of Article 39-A could be given an effect. If we look into the jurisprudence of Indian Human Rights, it can be said that legal aid is of wider dimension and it is available in civil, administrative or revenue cases other than just criminal cases.
[1] Dignath Raj Sehgal, Rights of prisoners and major judgments on it, blog.ipleaders.com, https://blog.ipleaders.in/rights-prisoners-major-judgments/
[2] 309. Power to postpone or adjourn proceedings.
(1) In every inquiry or trial, the proceedings shall be held as expeditiously as possible, and in particular, when the examination of witnesses has once begun, the same shall be continued from day to day until all the witnesses in attendance have been examined, unless the Court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded.
(2) If the Court, after taking cognizance of an offence, or commencement of trial, finds it necessary or advisable to postpone the commencement of, or adjourn, any inquiry or trial, it may, from time to time, for reasons to be recorded, postpone or adjourn the same on such terms as it thinks fit, for such time as it considers reasonable, and may by a warrant remand the accused if in custody: Provided that no Magistrate shall remand an accused person to custody under this section for a term exceeding fifteen days at a time: Provided further that when witnesses are in attendance, no adjournment or postponement shall be granted, without examining them, except for special reasons to be recorded in writing: 1 Provided also that no adjournment shall be granted for the purpose only of enabling the accused person to show cause against the sentence proposed to be imposed on him.] Explanation 1.- If sufficient evidence has been obtained to raise a suspicion that the accused may have committed an offence, and it appears likely that further evidence may be obtained by a remand, this is a reasonable cause for a remand. Explanation 2.- The terms on which an adjournment or postponement may be granted include, in appropriate cases, the payment of costs by the prosecution or the accused.
Aishwarya Says:
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
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