Ensuring Justice Behind Bars - A Comprehensive Study On The Rights Of Prisoners In India
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ENSURING JUSTICE BEHIND BARS: A COMPREHENSIVE
STUDY ON THE RIGHTS OF PRISONERS IN INDIA Pavanshankar B S, BBA LLB, Christ (Deemed to be University), Lavasa, Pune
ABSTRACT
This Paper delves into the rights of prisoners in India, focusing on constitutional provisions, international human rights norms which contradicts the realities of prison conditions. The Constitution of India guarantees fundamental rights to all citizens, including prisoners, guarantying the right to life, protection from inhumane treatment, and a fair trial. India’s obligations under international frameworks like the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), and the Nelson Mandela Rules underscore the global standards expected in prison management and prisoner care. Despite these frameworks being in the existence, the Indian prisons are now facing significant challenges which includes overcrowding, inadequate healthcare, and instances of abuse, highlighting the gap between legal rights and their implementation.
This research critically examines these challenges and the legal mechanisms in place to protect prisoner rights, offering views into how India’s treatment of prisoners reflects its commitment to democratic values, human dignity, and international human rights standard.
I. PRISONERS
1.1 Introduction
India's approach to prisoners' rights reflects its commitment towards democratic values and protecting human dignity. The Constitution of India, through its numerous provisions, guarantees fundamental rights to all citizens, including those behind bars. These rights include the right to life and personal liberty, protection from inhumane treatment, and access to a fair trial. Furthermore, India's alignment with international norms such as the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR) compels signatories to adhere to global standards of prison management and prisoner treatment. However, the gap between statutory rights and their practical application remains a significant challenge.
Factors such as Overcrowding, inadequate healthcare, poor sanitary conditions, and instances of abuse highlight systemic issues and irregularities within the Indian prison system. Addressing these challenges requires a nuanced understanding of the rights of prisoners. This article aims to explore the rights of prisoners in India by examining the legal framework that guarantees these rights and the ground realities of their implementation. Prisoners, regardless of their status and the severity of their crime, withhold inherent human rights that must be respected and protected. In India, the treatment of prisoners is not only a measure of the country's commitment towards human dignity and justice but also a sovereign reflecting its adherence to international human rights standards.
The UDHR, adopted in 1948, brings forth basic human rights and freedoms guaranteed for all the individuals, in which it extends to prisoners as well. Article 5 of the UDHR specifically provides that no individual shall be subjected to torture or to cruelty, inhuman, or degrading treatment or punishment, a principle that is crucial in the context of upholding prisoners’ rights1. This core tenet is expanded upon in other international instruments such as the International Covenant on Civil and Political Rights (ICCPR) and the United Nations Standard Minimum Rules for the Treatment of Prisoners, also known as the Nelson Mandela Rules2.
1 United Nations, Universal Declaration of Human Rights, United Nations,
https://www.un.org/en/aboutus/universal-declaration-of-human-rights (last visited Aug. 19, 2024) 2 Office of the High Commissioner for Human Rights, International Covenant on Civil and Political Rights, https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights (last visited Aug. 20, 2024).
These documents provide a detailed outline of the rights of prisoners, including access to medical care, legal representation, and communication with family members3. In India, these internationally guaranteed rights are followed and implemented in the national legal framework through various constitutional provisions, legal statutes, and judicial decisions. The Supreme Court of India has played a significant role in ensuring that prisoners' rights are respected, invoking both the constitution and international law to address issues such as prison conditions, the treatment of undertrials, and the right to a fair trial.
1.2 Who are prisoners
In India, the term "prisoner" refers to any individual who has been detained or is serving a sentence in a prison for his penal institution. The legal status of prisoners can vary widely, depending on the nature of their detention and the other specific reasons for their detention. The prisoners has been classified into many types. The undertrial prisoners are individuals who have been detained, while awaiting for their trial. They have not been convicted of the crime for which they are being held but are detained because they either pose a risk of fleeing and to avoid further criminal acts or bail has not been granted. Undertrials can sometimes spend years in jail if the judicial process is delayed, and at times, the duration of their detention might exceed the term they would serve if convicted.
Convicted prisoners are individuals who have been tried and found guilty of crimes for which they are serving sentences in prison. The length and nature of their sentence depend on the severity and circumstances of the crime. Detenues are persons held in detention for preventive reasons. This can occur under specific preventive detention laws, where the authorities believe that detaining the person is necessary to prevent them from committing further crimes and endangering the security of the state or public order. The management and treatment of these different categories of prisoners are subject to the provisions of the Indian Constitution, specifically Article 21, which guarantees the right to life and personal liberty4.
1.3 Jurisprudence on Prison Administration
India’s criminal justice system has heavily relied its hope on prison system which on this basis
3 United Nations & Government of Germany, United Nations Standard Minimum Rules for the Treatment of
Prisoners (the Nelson Mandela Rules), https://www. unodc. org/documents/justice-andprisonreform/Nelson_Mandela_Rules-E-ebook. pdf (last visited Aug. 20, 2024). 4 Constitution of India | Legislative Department | India. (n. d. ). https://legislative. gov. in/constitution-of-india/ has drafted all the statutes and regulations till now. India is considered to be following the method of punitive and preventive measures by giving less importance to rehabilitation measure. Even a small offence has minimum imprisonment of 24 hours, by which it can be understood that India has heavily relied on imprisonment system. As of Human rights Jurisprudence, it prescribes that no person should be subject to cruelty or inhuman treatment for any crime. On the contrary, it also advocates that punishments which amount to cruelty and inhuman treatment should be considered an offence and needs to be punished5.
The rehabilitation measure is being followed by most of the countries by which the theory of rehabilitation and reformative approach towards prisoners has got international recognition6. Thus Indian jurisprudence which provides prison administration and the legislative concerns regarding the treatment and rights of prisoners always surrounds on punitive rather than reformative. India has indeed stringent laws to protect its citizens including prisoners as well, though the prison population rates are still higher and undertrials are gradually increasing compared to previous years7. Now it is the high time for India to replace the outdated and inconsistent state laws which governs prison administration and prisoner rights to test the reformative theories.
1.4 Guidelines And Standards On The Treatment Of Prisoners
The treatment of prisoners is influenced by set of international and national laws, guidelines, and standards that are designed to ensure their rights, safety, and well-being while in custody. Those standards are crucial and necessary in ensuring that the humane conditions are maintained throughout their sentence and that the fundamental rights of prisoners are respected. It was laid in the case of Francis Coralie vs Administrator, Union Territory of Delhi8: “The right to live includes the right to live with human dignity and all that goes along with it, viz. , the bare necessities of life such as adequate nutrition, clothing and shelter over the head and facilities for reading writing and expressing oneself in diverse forms, freely moving about and mixing and mingling with fellow human beings and must include the right to basic 5 P. C.
Harigovind, The Indian Jurisprudence on Prison Administration and the Legislative Concerns, 9 IOSR J. Hum. & Soc. Sci. 24, 24-29 (2013). 6 International Covenant on Civil and Political Rights, 1966, Art. 10 (3) mandates that the essential feature of correctional system should be reformation and rehabilitation of prisoners.
7 Statista, Share of Unsentenced Prisoners in India (2022),
https://www.statista.com/statistics/1170574/indiashare-of-unsentenced-prisoners/.
8 1981 AIR 746
necessities the basic necessities of life and also the right to carry on functions and activities as constitute the bare minimum expression of human self should also be received by prisoners.
1.4.1 Indian Legislations
The Constitution of India provides the foundational framework for the protection of human rights in India, including Article 21, which guarantees the right to life and personal liberty and the interpretation to include the right to live with human dignity, applicable to prisoners as well. The Prisons Act, 1894 is one of the earliest legislations that govern the management and regulation of prisons in India. It provides regulations on the accommodation, sanitary conditions, and medical provisions for prisoners9. The Model Prison Manual, 2016 provides more updated guidelines for prison administration and includes comprehensive frameworks on various aspects of prison management, including the classification of prisoners, their health care, rehabilitation, and other rights.
Supreme Court has laid down various guidelines in different rulings to protect the rights of prisoners, including the right to get free legal aid, fair and speedy trial, and humane conditions of detention. In the case of State of Andra Pradesh vs. Challa Ramkrishna Reddy & Ors. (2000) 5 SCC 712, the Supreme Court of India declared that prisoners maintain all their fundamental rights, except for those specifically curtailed by constitutional provisions. This ruling emphasized that incarceration does not strip away the fundamental rights of prisoners, apart from the explicit limitation of their freedom10.
1.4.2 International Standards
Universal Declaration of Human Rights (UDHR) though not legally binding, it has been highly influential in establishing the fundamental human rights standards, which include rights relevant to prisoners. The International Covenant on Civil and Political Rights (ICCPR) requires parties to ensure that the civil and political rights of individuals, including prisoners, are protected. It necessitates more humane treatment to all persons who are being deprived of their liberty. United Nations Standard Minimum Rules for the Treatment of Prisoners (The Nelson Mandela Rules) prescribes minimum standards for the treatment of prisoners, which 9 National Human Rights Commission (Ed.). (2021). Rights of prisoners [Online]. National Human Rights Commission. https://nhrc.nic.in/sites/default/files/11%20Rights%20of%20Prisoners-compressed.pdf
10 https://indiankanoon.org/doc/731194/
covers various aspects such as accommodation, personal hygiene, medical services, disciplinary measures, and the rights to contact with the outside world. In a case it was laid down the idea that all people are equal before the law despite the fact that the individual had been found guilty of extremely heinous offenses, his plea for legal assistance shouldn't have been turned down without a good reason. It is unlawful to deny a request for legal assistance, including in connection with a criminal appeal, on the grounds that the applicant is a wellknown and unpopular person who has previously been found guilty of and sentenced for heinous crimes11.
United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (The Bangkok Rules) addresses the specific need of women prisoners, aiming to reduce unnecessary incarceration of women and ensure that all measures relating to the treatment of women in detention are gender-sensitive. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) aims to prevent torture and other inhumane treatment, which is critical in the context of the treatment of prisoners12. II. CASES ON RIGHTS OF PRISONERS AND DETENTION GUIDELINES
2.1 DK Basu vs. State of West Bengal ( AIR 1997 SUPREME COURT 610)
Violence in custody, including rape, torture, and death, violates Article 21 of the Constitution of India and fundamental human rights. Article 22(1) of the Indian Constitution grants arrested individuals the right to be informed of the reasons for their arrest and to be represented by a legal practitioner of their choice. The court also ruled that violations of these provisions infringe upon the fundamental rights established under Article 22(1)13. The Supreme Court set forth guidelines to safeguard the rights and dignity of individuals in police custody. These guidelines include ensuring police officers can be clearly identified, creating a documented memo of arrest, and guaranteeing that a detainee has the right to inform a friend or relative about their arrest.
The arrestee has the right to inform a friend or relative of their detention, and if the next of kin is outside the district, this must be communicated through local legal aid and police within 8 to 12 hours. Upon detention, the arrestee must be informed
11 Bayley v Nixon and Victoria Legal Aid [2015] VSC 744
12 Human
Rights Watch: International Human rights standards Protecting prisoners. (n.d.). https://www.hrw.org/legacy/advocacy/prisons/stndrds.htm
13 https://indiankanoon.org/doc/501198/
of their rights and an entry should be made in the detention center's case diary. The arrestee's condition should be documented in an Inspection Memo at the time of arrest, and they should receive medical evaluations every 48 hours by approved doctors. All related documents must be forwarded to the overseeing magistrate. The arrestee is allowed legal representation during interrogation and information regarding the arrest must be communicated to police control rooms and displayed publicly within 12 hours of the arrest14.
2.2 Joginder Kumar Vs. State of UP 1994 AIR 134915
An arrest cannot be made simply because a police officer has the legal authority to do so. Possessing the power to arrest is distinct from having sufficient grounds to use it. An arrest should only be made after a thorough investigation has confirmed the authenticity and good faith of the complaint, and there is reasonable belief in the involvement of the person in question, as well as a justified need to carry out the arrest.
2.3 T.V. Vatheeswaran v. State of T.N., (1983) 2 SCC 6816
The Court ruled that if the execution of a death sentence is delayed for more than two years, the individual sentenced to death has the right under Article 21 to request that the death sentence be annulled.
2.4 Suk Das & Anr Vs. Union Territory of Arunachal Pradesh AIR 1986 SC 99117
The Additional Deputy Commissioner failed to inform the prisoner of his right to free legal assistance, nor did he ask if the prisoner wished to have a lawyer provided at the state's expense. Consequently, the prisoner went unrepresented by counsel, leading to his conviction. This was deemed a clear infringement of the prisoner's fundamental rights under Article 21, rendering the trial flawed. Therefore, the conviction and sentence were overturned. LawBhoomi (2024) DK Basu vs state of west bengal, LawBhoomi. Available at: https://lawbhoomi.com/dkbasu-vs-state-of-west-bengal/#Issues_Raised
15 h,ps://indiankanoon.org/doc/768175/?type=print
16 advocatekhoj.com. (n.d.). Enduring long years on death row | Death Penalty | Law Commission of India Reports | Law Library | AdvocateKhoj. Copyright 2021, advocatekhoj.com. https://www.advocatekhoj.com/library/lawreports/deathpenalty/81.php?Title=Death%20Penalty&STitle=Enduri ng%20Long%20Years%20on%20Death%20Row#:~:text=The%20Court%20held%20that%20%22delay,SCC% 2068%2C%20at%20para%2021.
17 https://indiankanoon.org/doc/765136/
III. SOLUTION When the rights of prisoners are infringed by police officials during custody, addressing and rectifying the situation involves a multifaceted approach, which includes legal recourse, oversight, advocacy, and systemic reform. The legal remedies may include Habeas Corpus where A prisoner or any concerned individual can file a writ of habeas corpus in a high court or the Supreme Court if they believe the prisoner's detention is unlawful or if their rights are being violated. Public Interest Litigation is another such way to protect the prisoners where NGOs or public spirited individuals can file PILs on behalf of prisoners whose rights have been infringed upon, seeking court intervention18.
Complaints to Judicial Authorities is a way where prisoners or their representatives can file complaints with the judiciary during court appearances, especially when brought before a magistrate for remand. Encouraging media for coverage of violations can put public pressure on authorities to uphold human rights standards. Public Campaigns like NGOs and civil society can organize campaigns to highlight issues and mobilize public opinion for systemic change. Complaints can also be lodged directly with human rights commissions, which have the authority to investigate human rights violations against prisoners. Regular inspections by human rights commissions can help ensure compliance with laws and can act as a deterrent against violations. Police departments typically have an internal affairs division to investigate professional misconduct.
Reporting abuse to this body can trigger internal investigations. Advocacy for the establishment of external oversight committees with the power to investigate, report, and recommend actions against police misconduct. Strengthening the provision of legal aid to ensure that every prisoner, especially those under trial, has access to legal representation. Training programs for police officials on human rights, legal boundaries, and ethical conduct. Additionally, awareness programs for prisoners about their rights can empower them to seek justice. Advocating for legislative changes that provide better protection of prisoner rights and stricter penalties for violations by law enforcement officials. Ensuring that all police and correctional facilities implement directives and guidelines issued by courts and national or
18 National Human Rights Commission. (2007). HUMAN RIGHTS BEST PRACTICES RELATING TO
CRIMINAL JUSTICE IN a NUTSHELL. https://nhrc.nic.in/sites/default/files/CriminalJustice.pdf international human rights bodies19. Each of these approaches plays a critical role in addressing the infringement of prisoner rights. Collectively, they contribute to a system that not only responds to abuses but also works proactively to prevent them, thereby ensuring the upholding of legal and ethical standards in the treatment of those in custody.
3.1 Public Awareness
Raising public awareness about prisoners' rights is crucial for ensuring that these rights are respected and upheld. Public education can drive advocacy, reform, and community support, which in turn can lead to improved conditions for prisoners. Organizing educational sessions for various community groups to inform them about the rights of prisoners and the importance of humane treatment. These can be held in community centers, schools, and colleges20. Distribute materials that outline prisoners' rights, the legal obligations of authorities, and ways for the public to support or advocate for prisoners' rights. Working with journalists to publish articles that highlight cases of rights violations and discuss the legal rights of prisoners.
Produce and distribute documentaries or video series that explore the conditions of prisons, share stories of prisoners, and educate about prisoners' rights can help public to know how prison conditions are there in India. Usage of platforms like Twitter, Facebook, and Instagram to spread information, share stories, and engage in discussions about prisoners' rights might also be helpful. Hosting public forums and debates that involve policymakers, legal experts, human rights activists, and the community to discuss the state of prisons and the rights of inmates and organizing art exhibitions or cultural performances that focus on themes related to justice and prisoner rights may support the prisoners and public who are unaware of the rights and remedies available to them21.
Implementing training sessions for police, prison guards, and other law enforcement personnel to educate them about the human rights of prisoners and the ethical implications of their work and also encouraging educational institutions to include human rights education in their 19 Pande, B. B. (2004). “Criminal Justice: A human rights perspective of the criminal justice process in India” (1st ed. ). EBC Reader.
20 UNITED NATIONS. (2005). HUMAN RIGHTS AND PRISONS (HR/P/PT/11). UNITED NATIONS
PUBLICATION. https://www.ohchr.org/sites/default/files/Documents/Publications/training11en.pdf
21 Brown v. Plata, (2011). 563 U.S. 493. Supreme Court of the United States.
curricula, focusing on the rights of those who are incarcerated would also improve the awareness. By implementing these strategies, public awareness of prisoners' rights can be significantly enhanced. This awareness is vital for creating a society that values human rights and seeks justice and fairness, even for those behind bars. IV.
CONCLUSION
The rights of prisoners, while enshrined in both international and national legal frameworks, often face significant challenges in practice. Throughout this research, we have explored the multifaceted nature of prisoners' rights, examining key documents such as (UDHR) Universal Declaration of Human Rights and the Nelson Mandela Rules, as well as the practical applications and violations of these rights within the Indian context. The Supreme Court of India's rulings have repeatedly emphasized the protection of these rights, underscoring that the deprivation of liberty should not equate to the deprivation of human dignity. However, despite clear legal mandates, the gap between law and practice remains substantial. Issues such as delayed trials, lack of legal representation, and inhumane treatment highlight systemic failures that require urgent attention.
This research underscores the necessity for robust mechanisms for enforcement and accountability to ensure that the rights of prisoners are not just theoretical but are actively upheld. Enhancing public awareness and engaging in policy reform are crucial. Strengthening the legal aid system, ensuring timely and transparent trials, and improving the conditions within detention facilities are immediate steps that can significantly impact the lives of prisoners. The treatment of prisoners has a direct reflection of the society's commitment towards justice, equity, and human rights. By ensuring that, prisoners are treated with humanity and their rights are protected. This study provides for a unified commitment from all including the judiciary, law enforcement bodies, policymakers, and society, to close the gap between legal provisions and their practical application.
This ensures that the rights of prisoners are protected and prioritized in both policy formulation and everyday practice.