A prisoner is a person who cannot or who is restrained to use their liberty. They are captured or detained as a punishment of crime.
Under the Cambridge Dictionary, ‘prisoner’, the term is defined as a person kept in prison as a punishment. It is described as an inmate who, against their will, is deprived of their liberty.
It is common knowledge that when anybody does not abide to the rules of society, they are punished for their disobedience. The rules that modern day society have in place is mostly in accordance as to how and ration man will behave. People are punished in different ways being kept in prison is one of them.
When a person is kept in prison, this sets an example for the general public, so that they fear breaking the law and rules. But being kept in prison does not mean that the prisoner does not have any human rights. Prisons ideally should reformative care giving institutions. Prisoners should be rehabilitated once they get back out into the society.
But the scenario is very much contrary to what is ideal. Prisons have a lack of basic needs, food, medical treatment, and cleanliness. Such a situation only deters the prisoners more rather than helping them in becoming better citizens.
Primarily due to overcrowding of prisons, lack of training, personnel and infrastructure and is deliberating with the governments of states and Centre to improve such conditions; treatment of prisoners in India is grim and secretly violative of fundamental as well as statutory rights of an individual.
In the case of famed Charles Sobraj through Marie Andre’o vs. The Superintendent, Central Jail, Tihar, New Delhi (1978), Supreme Court Justice Krishna Aiyer held, “imprisonment does not spell farewell to fundamental rights although, by a realistic re-appraisal, Courts will refuse to recognise the full panoply of Part III enjoyed by a free citizen”.
Rights available to prisoners in accordance to the Constitution of India and the Criminal Procedure Code, 1973,
Fundamental Rights
Right to Privacy
Right to Privacy of prisoners and their spouses
Right against solitary confinement and bar fetters
Right to Life and personal liberty
Right to live with human dignity
Right to Legal Aid
Right to a speedy trial
Right against Inhuman treatment
The law on the rights of prisoners has been an evolving one. India doesn’t have codified law on the rights of prisoners. There is also no comprehensive legislation to deal with prisoners’ rights and regulate their conduct while in jail. However, the judiciary of the country has given due recognition to the convicts and held their fundamental rights time and time again.
The Prisoners Act, 1984, The Modern Prison Manual, The Mulla Committee, The Krishna Iyer Committee, are few steps taken by the government to address the issue of prisoners’ rights and conditions of prisons and over all living conditions of prisoners.
The Supreme Court of India interpreted the ambit of Article 21 of the Indian Constitution and developed human rights jurisprudence for providing protection and rights to maintain prisoners’ human dignity. If any individual or authority violate the rights of prisoners then they will be violating Article 14 of the Constitution of India, that provides protection for the right of equality and equal protection of the law.
In the case of Sheela Barse vs. State of Maharashtra (1983) where on the application of a journalist the Supreme Court took cognizance of the matter regarding the ill-treatment and poor conditions of the prisoners in the jail and issued certain directions namely:
That interrogation of females should be carried out only in the presence of female police officers/constables.
Whenever a person is arrested by the police without warrant, he must be immediately informed of the grounds of his arrest and in case of every arrest it must immediately be made known to the arrested person that he is entitled to apply for bail.
That whenever a person is arrested by the police and taken to the police lock up, the police will immediately give an intimation of the fact of such arrest to the nearest Legal Aid Committee and such Legal Aid Committee will take immediate steps for the purpose of providing legal assistance to the arrested person at State cost provided he is willing to accept such legal assistance. The State Government will provide necessary funds to the concerned Legal Aid Committee for carrying out this direction.
That as soon as a person is arrested, the police must immediately obtain from him the name of any relative or friend whom he would like to be informed about his arrest and the police should get in touch with such relative or friend and inform him about the arrest.
That the magistrate before whom an arrested person is produced shall enquire from the arrested person whether he has any complaint of torture or maltreatment in police custody and inform him that he has right under section 54 of the Code of Criminal Procedure 1973 to be medically examined.
Being imprisoned because of breaking the law is not wrong. But being deprived of basic human rights and not been given a chance to be heard is wrong. The Government and the Judiciary together must take effective steps and ensure that prisons are not nightmares but reformative centers where people change for good.
References,
https://timesofindia.indiatimes.com/blogs/lawtics/prisoners-rights-in-india/
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