RIGHTS OF PRISONERS
BY NUPUR GARG
INTRODUCTION
The word prisoner means any person who is kept under custody in jail or prison because he/she committed an act prohibited by law of the land. A prisoner also known as an inmate is anyone who against their will is deprived of liberty. This liberty can be deprived by forceful restrain or confinement. Prisoners’ rights deal with the rights of the inmates while behind bars. Prisoners have basic legal rights that can't be taken away from them. The basic rights include right to food and water, right to have an attorney to defend himself, protection from torture, violence and racial harassment. Section 1 of the Prison Security Act1992, defines the term prisoner. The word prisoner means any person for the time being in a prison as a result of any requirement imposed by a court or otherwise that he be detained in legal custody.
FUNDAMENTAL RIGHTS
Fundamental rights form the core of human rights in India. They are the basic rights of the citizens which cannot be taken away under any circumstances. The law of the country also guarantees some of these rights to the prisoners too like Article 14, 19, 21. However, it cannot impose the fundamental rights in its full panoply to the advantage of the prisoners. Giving prisoners Right to Fair procedure forms the soul of Article 21. Levying reasonableness in any restriction is the essence of Article 19(5) and sweeping discretion degenerating into arbitrary discrimination is anathema for Article 14. All of these statements are supported by various judgments of the lower courts and the higher court.
RIGHT TO PRIACY
The Right to Privacy is one of the very significant rights available to the citizens of India. They form an intrinsic part of Right to Life and Personal Liberty under Article 21 of the Indian Constitution. They have also been made applicable to the prisoners and convicts through various judgements passed by courts over the years The right to privacy in respect to search and seizure was first raised in the 1950s, where the apex court ruled that search and seizure cannot be seen as violative of Article 19 (1)(f) of the Indian constitution and a mere search by itself does not nullify or harm an individual’s right to property. The concept of right to privacy has evolved over the years. In recent time, its scope has been widened to benefit people in the most possible way.
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.
RIGHT TO LIE WITH HUMAN DIGNITY
The right of a human being to live with dignity is protected by the constitution. This right is also given to the prisoners as their mere conviction does not render them inhuman. These right forms a significant part of right to life guaranteed under the constitution of India. The idea behind is that every person’s life is precious and irrespective of the circumstances, he should be given a sense of dignity to help him continue living. The courts have enlarged the scope of Article 21 to include this right.
In the case of Maneka Gandhi v. Union of India, the apex court propounded a new dimension of Article 21 wherein it stated that “right to life or live” does not confine itself to mere physical existence but also includes right to live with human dignity.
RIGHT TO LEGAL AID
Legal assistance plays a significant part in the life of an accused awaiting trial or any prisoner or convicts, for that matter. 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. Though this Article is part of the directive principles of state policy and hence, not enforceable, the principles underlined therein are of utmost importance.
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.
RIGHT TO SPEEDY TRIAL
It is very well said that justice delayed is justice denied. Every prisoner has a right to a speedy trial irrespective of the crime he is convicted of. Speedy trial is considered as an integral part of the criminal justice delivery system. Once a person is accused, he must be subject to speedy trials so as to punish him from the crime he committed or absolve him from it, if not proven guilty. No one should be subject to long, pending and tiresome trials as it not only violates the rights of an individual but is considered to be the denial of justice altogether. The right to a speedy trial, therefore, has become a universally recognized human right. Moreover, the right to a speedy trial is also contained under Section 309 of the Code of Criminal Procedure.
RIGHT AGAINST INHUMAN TREATMENT
It is the right of every prisoner to be protected against any type of cruel or inhuman treatment. The Supreme Court of India in several cases has highlighted the harsh treatments faced by prisoners and directed state and prison authorities to check and regulate the same. The court also prohibited the use of instruments such as handcuffs, chains, irons and straitjackets in punishing the prisoners. Some other instruments of restraint are permissible but only under certain circumstances.
INTERNATIONAL HUMAN RIGHTS LAW
International Human Rights Law protect from various inequalities like racism, discrimination among poor and elite group of people, torture. According to them, no person shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. Clothing is considered as a component to an adequate standard of living standard. There should be a proper hygiene system where prisons live. All prisoners shall be offered a proper medical examination and treatment as soon as possible after admission. They also recognize the rights of specific groups of people, including women, children and for disable peoples.
UN Charter
Basic principles for the betterment and good treatment of prisoners was adopted and was officially announced by General Assembly revolution on December 14, 1990.The principles are as follows
Prisoners shall be treated with inherent dignity and valued as human beings.
No discrimination on the grounds of race, sex, colour, language, religion, political, national, social origin, property, birth, or other status. Respect the religious beliefs and cultural percepts of the group to which the prisoners belong.
The responsibility of the prisons for the custody of prisoners and for the protection of the· society against crime and its fundamental responsibilities for promoting the well-being and development of all members of the society.
All prisoners shall retain the human rights and fundamental freedoms set out in UDHR, ICESCR, ICCPR and the optional protocol as well as such other rights are set out under in other United Nations covenants.
CONCLUSION
Prisoners do not cease to be human beings when put behind bars. The Supreme Court and many other courts of India have reiterated this position in several cases so that prisoners do not become a victim themselves. And are provided with a proper rehabilitative environment to help them improve and become better beings. It is incumbent upon the Central and State governments to not only provide the prisoners with humane conditions for a living but also educate them about their rights so that it is not abused by the powerful inside the prison.
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