ABSTRACT-
the paper talks about the rights of the prisoners, emphasizing solitary confinement in violation of human rights that is Right to life, and personal liberty under Article 21 of the Indian constitution. solitary confinement is a type of detainment where the prisoner is kept in a cell without any human contact and detachment from the outside world and the co-prisoners. The right to life and personal liberty is a basic human right given to every citizen of India even the prisoners who are confined. the practice of solitary confinement violates this right of the prisoners the paper highlights this through various case laws and reports. the paper also states various limitations that has been provided by the legislative and judiciary on this practice.
This practice is regarded as inhuman because of its ill implementation in India and goes against the basic principles of human treatment. Keeping prisoners alone in small cells for 22 to 24 hours a day with less human contact known as solitary confinement, sparks heated debates about prison systems worldwide. India has a long history of using this method, which remains a big issue in its current justice system. While prisons use it to keep order and discipline inmates solitary confinement brings up serious human rights concerns that need quick action and changes.
KEYWORDS-
solitary confinement, human rights, dignity, mental health.
INTRODUCTION-
The Constitution of India is considered to be the supreme law of India which provides a variety of rights and duties to the citizens of India. document highlights the framework of governance and the fundamental rights of citizens, including human rights. human rights are considered to be basic rights which are given to citizens regardless of race, language, religion, gender, ethnicity, or any other factor it is a right that ensures the dignity, well-being, justice, freedom, and peace of the person.
the Constitution of India provides several protections and guarantees to prisoners, ensuring their human rights are upheld even while they are incarcerated. These rights are reinforced by rulings from the judiciary, particularly the Supreme Court of India. the prison system in India is based on reformative principles rather than being punishment-oriented.
in India solitary confinement is a form of imprisonment where a detainee is isolated from co-prisoners and the outside world. This practice is intended as a form of punishment rather than being reformative. this leads to stressful conditions that can lead to potentially harmful physical and mental health.
RESEARCH METHODOLOGY –
This paper is descriptive and the research is based on secondary sources for the deep analysis of solitary confinement and human rights in India Secondary sources of information like newspapers, journals, and websites are used for the research.
REVIEW OF LITERATURE–
In the United States, the number of individuals with mental illness in prisons is three times greater than those in hospitals. Solitary confinement has been extensively documented to induce or worsen severe mental health disorders. The stress of isolation, lack of social interactions, and unstructured days contribute to the recurrence or worsening of mental health symptoms. Consequently, solitary confinement of people with mental health disabilities is deemed unconstitutional
The updated UN Standard Minimum Rules for the Treatment of Prisoners also called the Nelson Mandela Rules, stress how tough imprisonment can be. Taking away someone’s freedom and ability to choose already causes suffering. So, prisons shouldn’t make things worse, unless it’s needed to keep order or separate certain inmates. These Rules say solitary confinement means keeping prisoners alone for 22 hours or more each day without real human contact. They ban using solitary confinement for too long or without an end date saying it should never last more than 15 days. Prisons should use solitary confinement in rare cases when there’s no other option, for the shortest time possible. An independent group should review these decisions, and a qualified authority should approve them. The Rules also ask for ways to lessen the bad effects of solitary confinement on prisoners.
Origin of solitary confinement-
the practice of solitary confinement originates from the 18th century in the United States, which has its influence from the Quakers principle, which held that solitary contemplation and prayer would lead to moral reform. The practice was seen as a humane alternative to corporal punishment, focusing on the mental and spiritual rehabilitation of the inmate. it was believed that isolation would lead to reflection, repentance, and ultimately rehabilitation.
It was soon realized that this practice was causing more harm. prolonged isolation had severe psychological effects on prisoners, leading to mental breakdowns, hallucinations, depression, panicking anxiety, delusions, and in some cases, suicide. in 1890 the U.S. Supreme Court nearly declared solitary confinement unconstitutional and in the later year, this practice was in a regular manner.
Legislative and legal framework-
In Kishor sigh Ravinder v. state of Rajasthan 1981Solitary confinement is defined as confinement in which there is complete isolation of the prisoner from other co-prisoners and segregation from the outside world of fellow prisoners and It is explicitly mentioned under sections 73 and 74 of the Indian Penal Code 1860.
Section 73 of the Indian Penal Code, 1860 gives the court the authority to impose solitary confinement on individuals convicted under the Code. The court can sentence the individual to rigorous imprisonment, which, as defined by Section 53 of the Code, includes imprisonment with hard labor. The court may order that the offender be kept in solitary confinement for part of their imprisonment, but this period must not exceed three months in total. That is-
- If the time of imprisonment is of 6 months then the time should not exceed 1 month.
- If the time of imprisonment is 6 to 1 year then the time should not exceed 2 months.
- If the time of imprisonment is of more than one year then time should not exceed 3 months.
| Time of Imprisonment | Time of solitary confinement |
| 6 months | 1 month |
| 6 months to 1 year | 2 months |
| More than 1 year | 3 months |
Section 74of the Indian Penal Code, 1860 further put limitations on solitary confinement it states that if solitary confinement is less than 3 months then it should not exceed 14 days at a time and there must be breaks between periods of solitary confinement that are at least as long as the confinement periods. When the imprisonment is more than three months, solitary confinement cannot exceed seven days in any given month. There must be breaks between periods of solitary confinement that are at least as long as the confinement periods.
The Prison Act of 1864 places the conditions of the cell of solitary confinement it states that the cell should be furnished in a way that should allow the prisoners to communicate with the office of the prison at any time. Every prisoner confined for more then 24 hour should be visited by Medical Officer or Medical Subordinate at least once a day.
Judicial interpretation –
In the case of Sunil Batra vs. Delhi Administration (1978) Sunil Batra, a convict on the death row petitioned the Supreme Court of India challenging the conditions of his solitary confinement in Tihar Jail, Delhi. He was also subject to solitary confinement without judicial sanction. He argued that his solitary confinement was inhumane and violated his fundamental rights. in this case supreme upheld the fundamental rights of the prisoners stating that resecting the right to move,mingle and be in the company violates the right to life and personal liberty under section 21 of the Indian constitution. Further Supreme Court held that the conditions of solitary confinement must be humane and not result in mental and physical torture.
In the case of Kishore Singh Ravinder Dev v. State of Rajasthan (1981), Kishore Singh, the petitioner, challenged his solitary confinement and the overall treatment he received in prison under Article 32 of the Indian Constitution. The apex court held solitary confinement as a brutal type of incarceration and that such a practice should only be used in extreme circumstances and when absolutely necessary. It further ruled that the imposition of solitary confinement must be subject to a fair and transparent process, and prisoners must have the right to appeal against such orders. In the case of Union of India v. Dharam Pal 2019 Supreme Court observed that the respondent who was a death convict had spent 18 years in solitary confinement while the president was considering his mercy petition the supreme court held that it was illegal and amounted to separate and additional punishment not approved by law.
Article 21 of the Constitution, which guarantees the right to life and personal liberty was found by the Supreme Court in the landmark case of Kishore Singh Ravinder Dev Etc. vs. State of Rajasthanto be violated by prolonged solitary confinement as a blatant violation of Article 21 of the Constitution on this particular issue. The highest court emphasised that isolation should be imposed only in so-called “rarest of rare” cases and not on any flimsy excuse. This case indicated that detaining inmates in separate cells ranging from eight to eleven months, or using crossbar shackles for several consecutive days for such trivial reasons as wandering inside prison or being insolent amounts to nothing but breach of precedent established under Sunil Batra’s case. Solitary confinement must be reserved for exceptional circumstances; otherwise it is a violation of Article 21, Indian Constitution according to the court.
Structure of the cell of solitary confinement-
There is no detailed description of the structure of the solitary confinement cell, but some prison manuals do include specifications for the cell.
this has been mentioned in the article by Ritika Goyal on mapping out the solitary confinement: Indian Country report.
This can be summaries below-
- The cell must have a minimum superficial area of 29.26 square meters and a cubical capacity of at least 304.8 cubic meters (as per Rule 1180 of the West Bengal Prison Manual).
- the cell must have a superficial area of at least 96 square feet, a cubical capacity of at least 1000 cubic feet, and proper ventilation (as per the West Bengal Prison Manual).
- Cells of solitary confinement should have a yard attached to it as the means of communication with other prisoners and where the prisoner can have fresh air to breath.
- According to the West Bengal and Punjab Prison Manuals, cells should have a general yard where occupants can wash themselves, eat together, exercise, and relieve themselves.
Physical and mental health of the prisoners –
A study conducted by Dr. Stuart Grassian has shown that in “Behind Bars: Ethics and Human Rights in U.S. Prisons” many of the individuals placed in solitary confinement faced pathopsychological syndrome. Such as disturbances, hallucinations, and affective disturbances, such as anxiety and panic attacks; and difficulties with thinking, memory, and concentration. The physiological effect of solitary confinement is not only limited to the cell it has been seen that the prisoners removed from solitary confinement face difficulty in getting integrated with the people around them feel emotionally numb, experience anxiety and depression, and prefer to live alone.
Non-Governmental bodies: Commonwealth Human Rights Initiative (CHRI), an international human rights organization in its report about abolishment of the solitary confinement highlighted that solitary confinement is nothing but mental and physical torture by authority, and a shortcut to the socio-psychological ‘death’ of prisoners. Solitary confinement is counter-productive, increasing aggression and recidivism among inmates. It undermines modern prison discipline and correctional goals, requiring more staff and resources to uphold prisoner rights. The All India Jail Committee in 1920 emphasized reformation and rehabilitation, but solitary confinement contradicts these principles and international law. Continuing this practice violates the Convention Against Torture (CAT) and customary international law.
Solitary confinement in India-
According to the RTI reply It was discovered that the solitary confinement cell is lined with metal and unbreakable glass. A light, controlled by a switch outside the cell, remains on constantly, preventing the prisoner from discerning whether it is day or night. The cell has limited air supply and lacks windows. Food is delivered through a small trapdoor.
One of the prisoners Umar Khalid Former Jawaharlal Nehru University (JNU) student. Khalid is in judicial custody due to his alleged involvement in the Delhi riots in February. He has been kept in solitary confinement and informed the court that he was not permitted to leave his jail cell, except for a brief period of 10 minutes. As a result, he experienced both mental and physical discomfort. The Punjab and Haryana High Court has ruled that solitary confinement is illegal and violates the rights guaranteed under Article 21 of the Constitution. The court also quasi the solitary confinement of the gangsters in the Bathinda jail.
Himayat Baig, arrested in September 2010 for the German Bakery blast, has been held in solitary confinement in violation of Indian Penal Code sections 73 and 74. These sections limit solitary confinement based on sentence length and cap it at 14 days at a time. The Anda Cell, a dimly lit 10×10 feet windowless room, often leads to mental health issues, social withdrawal, and suicidal tendencies in inmates.
Safoora Zargar one of the anti-citizenship act protesters spoke about here experience of the 38 of solitary confinement she was alone in her cell without a fan and bed. They were not allowed to meet anyone which caused her panic and stress they used to be in lockdown for 22 hours and opened it only to take food and water she described it as a nightmare.
SUGGESTIONS-
The main purpose of the prison system is to rehabilitate prisoner to make them a better person so that they don’t follow the same path as they did before. Punishment is given to a person to make him realize his mistake so that he or she does not do it again. Solitary confinement does not ensure reformation nor reduce recidivism it’s only the act of the punishment for punishment which clearly serves against the welfare of the people. Thus solitary confinement must used in only in rarest of the rarest cases when it is absolute necessary. the prisons could provide different alternative ways to solitary confinement, including rehabilitation methods and change of behaviour to be more positive. Offenders and victims can benefit from the restorative justice programs that make it possible for them to reconcile their differences while accepting the consequences of their actions. Among other things, inmates may find therapy sessions and mental health support useful in learning how to manage their emotions better and decrease negative behaviors. In order to encourage compliance with rules and regulations as well as good behavior among inmates, behavioral incentive plans offer such rewards like extra visitation time, recreational activities or even academic advancement.
Solitary confinement not only harm the physical health of the prisoners but also their mental heath so it should be implemented for a limited time only and there should be regular check-ups of the prisoners in the cell they should be allowed to meet their families or dear ones least once a month the structure of the cell is also an important factor for the well-being of the prisoner, therefore, the central government should implement a guideline regarding how the solitary confinement cell should be built all over India with basic amenities like yard to walk and get the sunlight, exercise, etc. facility to communicate with prisoner staff and co prisoners and assign a task per day to engage in the work which will help them to develop their skill and divert there mind Peer support programs can foster a sense of community and provide positive role models. Encouraging regular contact between inmates and their families through family engagement initiatives offers emotional support and motivation for behavioral improvement.
CONCLUSION-
The practice of solitary confinement Is one of the brutal and tortuous punishments imposed on the prisoners. Solitude in no way is reformatory the more socialized a person is the more chances of reformation. article 73 Article 74 of the Indian penal code put some restrictions on this practice but at the same time legalized this practice. Judicial plays a vital role in this process by upholding the rights of the prisoners the judgment offers the way forward to uphold the basic human rights of the prisoners. India will need to make comprehensive reforms that are governed by severe restrictions on the use of solitary confinement, and improved mental health care as well as independent oversight mechanisms.
Prisoners should only be isolated for their safety, not as punishment. While protective custody prisoners also suffer from solitary confinement, they may prefer it for the physical protection it offers and often have some control over their isolation. Even for protection, prisoners should only be separated from specific threats, not the entire prison community. If solitary confinement is necessary, they should still have opportunities to work, study, and engage in activities. Research on its dangers supports movements to restrict or abolish solitary confinement, advocating it be used only as a last resort and for the shortest time necessary to meet correctional goals. If India adopts a more humanely just approach towards imprisonment, it would effectively safeguard prisoners’ rights and honor in line with global standards on human rights within its penal system.
Author-Sneha gupta
Pravin Gandhi college of law, Mumbai