ABSTRACT
The world is keen towards practicing basic human and civil rights. In view of that, the Constitution of India also guarantees the fundamental rights to all its citizens. But, the same may not be evoked by the prisoners’. They are misbehaved and ill-treated. Every human being is entitled to certain human rights and being a prisoner cannot deprive them of the same. The basic notion behind implying prisoners’ rights is to impart basic civil rights and inhuman treatment to the prisoners. The prison system of India is a reformative structure and is still in its developing phase. With this, the present paper attempts to study and analyze the prisoners’ rights with not just in context with the Constitutional framework but also other judicial extensions, comparisons, structures and reforms in India. This paper attempts to present a structured overview over the historic and socialist approach of the reforms being made in view of the prisoners’ interests.
KEYWORDS
Prisoners’ rights, Constitution, reforms and developments, Judiciary, India.
RESEARCH METHODOLOGY
This article is descriptive in nature and this study is built on secondary sources for an in-depth analysis of prisoner rights and reform and its overview. Research uses secondary sources of information such as journals, magazines and websites.
INTRODUCTION
What do we understand by the term ‘prisoners’ rights’? Are these rights even a something? As said by Nelson Mandela, “one only knows their nation when he is inside the jail. A nation should be judged as how it treat the lowest group of people and not by the highest group”. There is not much of the awareness when it comes to who the prisoners are and they are also confined with various rights. It is relevantly seen how poorly the prisoners are treated, why? just because they have committed crimes. Like every other citizens of India, prisoners are also entitled to various rights and basic humanely treatment to them. While they are ascertained with various rights, they can be confined to certain restrictions concerning discipline, security and public order. These restrictions should not be unreasonable and impropriate. The ‘prisoners’ are the ones who are confined as a result of the consequences of their actions that law does not permits or is against the social and democratic purview. We have often noticed how inhumanely the prisoners are treated and are also deprived of their basic needs and rights. Even inside the walls of the prison a person is entitled to certain rights. There are certain international developments and national reforms which throw a light on the prisoners’ rights and prisons conditions.
The 1948, Universal Declaration of Human Rights states that “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”[1] The same sentiment is reflected in Article 21 of the Indian Constitution which recognizes, that the right to life includes the right to live with human dignity. Prisoners’ rights must be realized through effective and meaningful means of prison reform.
HISTORICAL OVERVIEW AND DEVELOPMENTS
The prisoners’ rights have not been developed yet. It is still in its developing phase. The rights of the prisoners’ still needs to undergo various reform and developments. Since, the pre-independence, the prisoners’ rights has largely emerged and taken into considerations.
The condition of prisoners’ rights during pre-independence was not well-defining or strict as it is today. But the basic dimensions that were involved such as IPC,1860 and CrPC which had various provisions regarding the safeguard of prisoners; the prisoners were subject to harsh and ill-treatments; there were no proper sanitation, healthcare or basic amenities. Awareness and development of prisoners’ rights as a basic human right has evolved significantly over the period of time, influenced by post-independence constitutional provisions, judicial action, and public awareness.
In the post-independence phase, the Constitution of India, adopted in 1950, guaranteed fundamental rights to all citizens, including prisoners. Article 21, which guarantees the right to life and personal liberty, became the foundation for recognizing prisoners’ rights. The various reforms were played through judiciary also, which was paved by landmark judgments such as the case of Sunil Batra v. Delhi Administration (1978)[2], it was held by SC that prisoners retain fundamental rights, and solitary confinement without due process violates those rights. In another case of Charles Sobhraj v. Superintendent, Central Jail (1978)[3], the Supreme Court held that handcuffing prisoners during court appearances should only be if there is a genuine threat to security.
India recognized the need for comprehensive prison reform and began efforts to bring it into line with international standards. In 2016, the Model Prison Manual was revised to provide guidance on inmate treatment and prison management, with a focus on human rights, welfare and rehabilitation. The United Nations’ Minimum Standards Rules for the Treatment of Prisoners (known as the Nelson Mandela Rules) influenced prison reform in India.
Furtherance, The Legal Services Authorities Act, 1987, gave the provision to provide free legal aid and assistance to prisoners who cannot afford representation. The Supreme Court has consistently emphasized the importance of legal aid and access to justice for prisoners, ensuring fair trials and protection of their rights.
Efforts are being made for polishing measures to rehabilitation and social reintegration of prisoners. Overcrowding and poor prison conditions have been persistent challenges in India’s prisons. The Supreme Court has taken cognizance of these issues and issued directives to improve infrastructure, healthcare, and living conditions in prisons.
It must be noted that despite these developments, challenges remain in fully realizing prisoners’ rights in India. Continued efforts towards comprehensive prison reforms, addressing issues of overcrowding, and ensuring the effective implementation of existing legal provisions are essential for the protection and promotion of prisoners’ rights in the country.
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CURRENT STATUS OF PRISONERS IN INDIA AND COMPARISON TO OTHER COUNTRIES
There are many factors that needs to be considered while looking into the current status of the prisoners in our country or across the globe. In india, the prison system is developing and reforming. Amidst all the enactments and provisions in interest of the prisoners, there are many such factors which are still in its worse state and no signs of improvement is seen. Some of the major issues/trends undergone by the prisoners currently are:
Overcrowding can be considered as the major issue in the prison administration. The number of prisoners every year surpasses the capacity of the prisons to hold the prisoners. Due to overcrowding of the prisoners, the administration system lacks the proper management and implementation of rules and regulations.
The second most commonly noticed issue can be the mental illness. Some of the mental issues such as anxiety, depression, or any sort of mental disorder can be classified under the same. The loneliness or any other factors could lead rise to such illness. It can be observed in more than half of the prison population. A study was also laid down by the college of Amritsar and Haryana, that more than 28% of prison population of Amritsar and Haryana suffered from mental illness.
There are many more issues contributing to the malfunctioning of the prison system in India, such as harsh and inhumane treatment, depriving them from their human rights, infrastructure, delay in justice, medical facilities, food habits, racism, gang activity, etc.It is now necessary to have more prominent prison administration as the prisoners are also the human beings with guaranteed human rights.
As per the National Crime and Report Bureau, latest report of the year 2021, it lays down many factors and give the detailed analysis of the current status of the prisoners and the prison administration.
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CONSTITUTIONAL, JUDIACIAL AND STATUTORY EXTENSIONS
CONSTITUTIONAL
Constitution of India lays down the rights, duties, function and all other provisions of the polity. There is nothing as prisoners’ rights mentioned in the Constitution of India. As we talk about the term prisoners’ rights, we should know that Part III of the Constitution guarantees the fundamental rights to all the citizens including the prisoners. Some rights may be subject to the limitations and restrictions for the prisoners but they cannot be completely waived off the human rights.
The prisoners are also ascertained by the rights made available to them. Articles which guarantees them rights are as:
Article 14 – This Article of the Constitution talks about equal protection and equality before the law. This applies among the prisoners too. Every human has the right to live with human dignity and the same shall not be quashed from the prisoners too. In the series of SC judgements, the court has expressed concern over treatment of the prisoners. It has been laid down that the prisoners should not be violated of their concerned rights and if done so, can be challenged in the court.
Article 19 – although, Constitution guarantees six rights under this Article, but this rights are subject to restriction and can be curtailed in the case of prisoners.
Article 21 – there is wide interpretation of the Article 21. Through many judgements the extension of Article 21 has been made clear. Article 21 states about the personal liberty and life. It clearly states that it should not be deprived of unless by the court of law. One of the essence of Article 21 is that it ensures just, fair and reasonable procedure.
In the case of Maneka Gandhi[4], the wide extension of the Article 21 was given which laid that mere living doesn’t contribute the right to live and life, it must be led with the human dignity also.
The case of Kharak Singh v. State of UP[5], also defined the term ‘life’ as not just mere physical existence of the being.
Article 21 has the broad scope to it, as such, in the case of AR Antulay v. RS Nayak[6], it was held by the SC, the right to speedy trial. There are many as such rights guaranteed under the broad division of Article 21 which are:
- Right against Torture and Inhumane behaviour
- Right to Legal Representation
- Right to be Informed
- Right to Communication
- Right to Healthcare
- Right to Basic Amenities
- Right to Rehabilitation
JUDICIAL
Judiciary is considered to be one of the main pillars of the prison administration. Judiciary together with the Constitutional and legislative provisions contribute to the social justice and in the interest of the society.
The D.K. Basu Case, is a landmark judgement, in which the Supreme Court of India laid down explained guidelines with regard to the rights of the prisoners.
It’s the rulings and judgements which pave the way to the social justice keeping in mind both the society’s interest and the legislation. There has been history of the landmark judgements regarding the prisoner’s rights and interests.
State of Maharashtra v. Prabhakar[7] – right to expression
Sunil Batra v. Delhi Administration case[8] – solitary confinement
Hussainara Khatoon v. Home Secretary Bihar[9] – right to speedy trial
D K Basu v. State of West Bengal[10] – right to protection from cruelty, torcher, etc. for prisoners
Prem Shankarshukla vs Delhi Administration[11] – Right to protection from hand cutting.
Such of these landmark judgements have interpreted the laws and helped to execute them in the right way. Judiciary is the ultimate pillar for the criminal and prison administration.
STATUTORY
Also, apart from Constitution of India, over the years, there have been many statutes and enactments made to reform the structure of the prison administration. Many provisions on international as well as on national level been created and enforced for the safeguards of the human rights, their dignity and also for living a well- being life, which also include the prisoners.
The international instrument/provision includes:
The UN Charter; ICCPR; Universal Declaration of Human Rights: UNCCSI; International Human Rights Law; CAT adopted by UN in 1966; Basic Principles for the Treatment of Prisoners by UN General Assembly; Nelson Mandela Rules adopted by UN General Assembly in 2015, etc. the main objective of all such conventions or organisation is to protect the human rights and spread equality among all.
Some of the Indian enactments which has developed over years are:
- The Indian Penal Code, 1860
- The Prisons Act, 1894
- The Model Prison Manual
- The Code of Criminal Procedure, 1973
- The Legal Services Authorities Act, 1987
- The Juvenile Justice (Care and Protection of Children) Act, 2015
- The Rights of Persons with Disabilities Act, 2016
These enactment tries to cover each aspects of the prison administration and affirm the rights of the prisoners. Although, the provisions have been enforced but the right and proper management is still not attained. It is going to take stronger management skills and right authorities to attain anywhere near to the equilibrium balance of the management of the prison administration and serve social justice.Bottom of Form
ROLES OF GOVERNMENT AND CIVIL SOCIETY IN PROTECTION OF PRISONERS’ RIGHTS
It will take a collective effort of the government and civil society to attain the protection of prisoners’ rights. Some of the roles that each entity should play to safeguard the rights are:
Role of Government:-
- Framing proper policy – it should be the duty of the Government to formulate and frame an effective guideline or rules or provisions to safeguard the rights of the prisoners. The guidelines should begin from minimum standard that needs to be abide by for the prisoners’ welfare system.
- Proper Management of the Prison – the proper management and administration system of the prison should be looked on. It is the government who is responsible for the administration and proper management system of the prisons. The government should be liable to delegate the authentic authorities for proper maintenance, monitor the conditions and functions, take measures for the deficit and take active participation implementing new guidelines/law or the already relevant laws and regulations.
- Just and fair justice – very commonly we have heard the phrase ‘justice delayed is justice denied’. It is the government’s duty to look into the matters that the prisoners are furnished with the legal aid facilities and are received fair and just justice system.
- Rehabilitation and Reintegration – this simply means re-entrance of the prisoners back to the society. This process includes education, training, skill enhancement or counseling sessions within the prison system before retrieving into the society. This expects to create an atmosphere for the prisoners, so that after release, they can successfully retrieve into the society.
- Commission and Organizations – the government should be liable to create commission boards and delegate authorities, who looks into the different matters of the prison administration. Those boards should be accountable for regular in-checks of the administration and should make sure that no right of the prisoners is being infringed. Such bodies are the delegated bodies, which help to integrate the functions and look into each different areas.
Role of the Society:-
- Awareness – it is very important to spread awareness about the rights in the society. Society plays a vital role in justifying social justice. Society is the centre of each revolution. Various group and organizations contribute majorly in creating the awareness. With the spread of the awareness, only then we could try to achieve justice to the prisoners’ rights.
- Providing rehabilitation services and giving support – society can help in providing support and services to not only the prisoners but also to their families. This will help in building skills of the prisoners. Also, builds the emotional support when they retrieve back into the society.
- By Volunteering – with the help of volunteering they can support the prisoners with their skills and mentor them with different initiatives. This will help to create a positive environment and support the prisoners’ in their growth and development within the prison system.
- Regular monitoring and helping the government – civil society can become the voices of the prisoners. they can regularly monitor the conditions and management of the prison and reach out the government with the legal framework for the administration of the prison system. They can help the government to bring about successful changes and safeguard the rights of the prisoners’.
The government and the civil society can bring about the necessary changes required for the protection of the prisoners’ rights and also to ensure them their rights and dignity. The government and society collaborating, would help in bringing out the revolutionary reforms needed to administer the prison system.
SUGGESTIONS AND CONCLUSION
After having an overview over the prison administration and the rights of the prisoners’, we can conclude that the prisoners’ rights are still a supressed topic that needs revolutionary reforms to be considered for developing the prison system. Some of the areas that needs to be looked into are the living conditions that needs to adequately managed, proving proper health care services, vocational training, skill development and education, ensuring legal aid services, rehabilitation programs, guiding with the community services, rehabilitation programs, monitoring them independently with different approaches, providing help with the mental health support and services, providing support and approaches for the retrievement of the prisoners’ back into the society, proper and strong legal framework, also regular checks and monitoring on the authorities with their ethics and management etc. such different approaches would help in reformatory changes.
It can further be concluded that the prisoners are also the equal part of the society and their rights are same as guaranteed to all citizens under the Part III of the Constitution. Though they can be subject to certain limitations, they are covered under wide extent of the Article 21. It’s not just the legislative framework but also the collaboration of the judicial approaches and the civil society, which contribute together into the prison reforms and helps in safeguarding the rights of the prisoners. Human rights are the integral core of the living and not in the mere addition, so is for the prisoners. It is necessary to conclude the importance of the prisoners’ rights.
SHRESTHA DAYAL
LAW COLLEGE DEHRADUN, FACULTY OF UTTARANCHAL UNIVERSITY
[1] Human Rights Declaration, 1948
[2] (1978) 4 SCC 409
[3] AIR 1978 SC 1514
[4] AIR 1978 SC 597
[5] 1964 SCR (1) 332
[6] AIR 1988 SC 1531
[7] AIR 1966 SC 424
[8] (1978) 4 SCC 409
[9] (1979) AIR 1369
[10] AIR 1997 SC 610
[11] (1980) 3 SCC 526