By Priyanshi Ekka,
Student at Dharmashastra National Law Universty
ABSTRACT
The right to life and personal liberty as given under the constitution of India is a fundamental right and one of the most important fundamental human rights in a democracy. The meaning of this fundamental right is not just limited to the simple fact that life exists, rather it is understood as the right to a life of dignity involving basic necessities such as food, clothing and shelter and various other facilities as given under Article 19 of the Constitution which are freedom of expression, freedom to move freely, freedom to practice any profession and such. The Constitution of India ensures equal treatment with equal opportunity. This is also applicable to the prisoners. They are also granted certain rights and ought to be handled as humans. The fundamental rights of prisoners in India have been acknowledged by Indian courts.
KEYWORDS
Prisoners, prison, right to life, liberty, equality, imprisonment, human rights, fundamental rights
INTRODUCTION
Article 21 is not just about right to life but it also includes personal liberty. The wider aspect of right to life captures dimensions of constitution such as right to privacy, livelihood, prisoners, medical aid, free legal aid, living in a healthy environment, speedy trail, healthy life, education, shelter, affirmative action as well as damages for infringements on one’s life and personal freedom.
The constitution does not provide any specific guarantee to the rights of the prisoners in India. Yet, there are certain rights which are provided in the part III of constitution which are also enjoyed by the prisoners, as a prisoner remains a person even if he is in the prison. Statues such as The Prison Act, 1894, Prisoners Act 1900, and Prisoners Act, 1955 which conferees the rights of prisoners.
The Supreme Court has held that “there could be several factors that lead a prisoner to commit a crime but nevertheless a prisoner is required to be treated as a human being entitles to all the basic human rights, human dignity and human sympathy.”[1]
“A prisoner is entitled to all his fundamental rights unless his liberty has been constitutionally curtailed.” This was held by the Supreme Court in the case of State of A.P. v Challa Ramkrishna Reddy & Ors. (2000).[2]
RESEARCH METHODOLOGY
The paper is descriptive and is a collection of both primary and secondary resources. The primary resource for the research paper is the Constitution of India, Protection of Human Rights Act, The Prisons Act and the secondary resource used for the research paper are articles, books and research papers.
REVIEW OF LITETRATURE
The protection of prisoners right has been the focus of extensive policy and judicial debates. The aim of this research of the literature is to present a comprehensive summary of the important academic publications, court rulings and reports from human rights organizations that have aided in the advancement of knowledge on prisoners right under the Indian Constitution.
The Indian Constitution protects a variety of fundamental rights, three of which are especially significant: Article 14 (right to equality), Article 19 (freedom of speech and expression), and Article 21 (right to life and personal liberty). Landmarks judgments such as Sunil Batra v. Delhi Administration (1978), Hussainara Khatoon v. State of Bihar (1979) and D.K. Basu v. State of West Bengal (1997) are few cases which have significantly shaped the landscape of the prisoners right in India. These cases have not only highlighted the deficiencies in the prison system but have also provided a way to reforms which include The Model Prison Manual (2016) and The Prison (Amendment) Bill (2017).
The of study on prisoners’ rights under the Indian Constitution reveals the significant improvements brought about by human rights organizations’ campaigning, legislative changes, and judicial activism. There are still issues, though, mostly with implementation and making sure that every prisoner’s rights are completely upheld regardless of their unique situation. To solve these issues and guarantee the humane treatment of prisoners in India, more investigation and ongoing oversight are necessary.
HISTORY OF PRISONS AND PRISONERS
After receiving punishment, a person does not lose their humanity; rather, they should continue to be treated as such. The law’s limitations on freedom do not negate an individual’s constitutionally guaranteed right to dignity in India. Even when incarcerated, they still have a claim to fundamental human rights.
During the colonial period, prison possessed a very cruel space for prisoners. The main purpose these prison served was to punish the prisoners with inhumaneness and mistreating those who were against the British Government. Capital punishments such as flogging, mutilation, branding, pillories, imprisonment and death by hang were used. Prisoners were treated like animals. It was one of the steps towards controlling the people from any illegal movement or crime or wrong-doers.[3] The first prison developed by the Britishers was during 1600 in Goa. Later a larger prison was constructed in Andaman Nicobar in 1906. During 18th century, no one was aware about human rights and thus were exploited by Britishers.
Lord Macaulay quote “imprisonment is the punishment to which we must chiefly trust.”[4] He advocated for the idea of establishing rules and regulations. It was a way which can lead to the breaking oh the criminal steak of the offenders.
Reforms were brought in prisons after independence. United Nations helped through studying the prison administration and presented some suggestion to develop prisoners right. Prison system was developed which divided prison into National level, State level and District level.
WHO IS A PRISONER?
According to the Model Prison Manual, any person confined in prison under the order of competent authority. A person is a prisoner who is kept under custody of prison as they have committed any act or omission which the law prohibits. Their liberty is restricted.
CONSTITUTIONAL PROVISIONS
There are no provision which expressly provide any provisions in relation with the prisoners rights. Regardless, the fundament rights provided under Article 14, 19 & 21 are available to the prisoners as well.[5]
Equality is an important concern in regard with the rights of the prisoners. The principle of equality given under Article 14 suggest that ‘like should be treated alike’ and it also give out the concept of reasonable classification. The Article 14 provides that:
The state shall not deny to any person equality before law or equal protection of the law within the territory of India.
The concept given under Article 14 has been proved useful to classify prisoners into different categories.
Six liberties are guaranteed to the citizens of India by Article 19. Unfortunately, some freedoms—like the freedom to travel, the freedom to live and settle down, and the freedom to engage in any kind of profession, occupation, trade, or business cannot be enjoyed by prisoners due to the nature of freedom and their circumstances.
The Article 20 (1) protects the person from ex post facto law. It runs:
No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of offence.
This provision shields an inmate from punishment or circumstances that were not permitted by law at the time the infraction for which the inmate was found guilty was allegedly committed.
Article 20 (2) comprises the principle of ‘Double Jeopardy’, which state that:
No person shall be prosecuted and punished for the same offence more than once.
Nemo debit Vis veari, which states that no one should be punished twice for the same offense, is the basis of this maxim. A prior conviction and sentence for the same offense may be used as a complete defence against a new prosecution and sentence.
In terms of the rights of the prisoners, Article 21 of the constitution has been an essential component of the conflict. It is a manifestation of the liberty principle. It provides:
No person shall be deprived of his life or personal liberty except according to the procedure established by law.
The State must ensure that the judicial system upholds justice based on equal opportunity, as stated in Article 39 A of the Indian Constitution. To ensure that no person is denied the opportunity to secure justice due to a financial or other impairment, the State is specifically expected to offer free legal aid by proper laws, initiatives, or other means. Based on Articles 14 and 21, the State is required to guarantee equality before the law and a judicial system that maintains justice based on equal opportunity for all. In order to give legal aid providers nationwide consistency in legislation, the Legal Services Authorities Act (the Act) was passed in 1987. On November 9, 1995, the Act was ultimately put into effect. Legal assistance programs work to guarantee that the Constitution is upheld in letter and spirit and that the weaker and downtrodden segments of society can access equal justice. On March 6, 2005, the National Legal Literacy Mission was founded to commemorate the shift from “ignorance” to “legal empowerment.”[6]
RIGHTS OF PRISONERS
- Right to Speedy Trial
There is an immediate need to institutionalize legal aid and awareness programs in prison across the nation in order to make sure that prisoners do not suffer in silence. With large numbers of people on remand, prisons are overcrowded. Large-scale jail overcrowding, trail delays, mistreatment and torture, disregard for personal hygiene, inadequate food and clothing, poor communication, simplification of jail visits, management of open-air prisons, incorrect categorization of inmates into habitual, casual, juvenile and political categories, etc., staff warders and guard training and sensitization of staff and creation of counselling and rehabilitation programs for drug addicts, repeat offenders, etc. are just a few of the well known issues facing the jail system. Most of the prisoners in the prisoner have limited resources and lack the means to defend their legal rights.
- Right to Free Legal Aid
According to the Criminal law, the right to a first appeal from the Sessions Court to the High Court is fundamental to civilized jurisprudence and a component of fair procedure. Every effort that is taken to make the right of appeal productive is deemed necessary and any inaction that hinders that right is unfair and unconstitutional.[7]
- Right to Bail
In Babu Singh v. State of U.P[8], the Supreme Court held that depriving an accused person of their personal freedom and refusing them bail without a valid basis would be a violation of Article 21. According to the Court’s ruling, the right to bail is a component of an individual’s personal freedom under Article 21, and denying someone this right would be a violation of their ability to exercise that freedom in accordance with the law.[9]
- Right against Hand-Cuffing
Handcuffing has been ruled to be essentially inhumane, irrational, excessively severe and initially arbitrary. IT has been determined to be unjustified and against Article 21.[10] As a result, the Court ordered the Union of India to publish suitable guidelines in this respect.[11]
- Right against Bar Fetters
Sunil Batra v. Delhi Administration[12] established that treatment of human beings that violated human dignity, subjected them to needless torture and dehumanized them would undoubtedly be arbitrary and subject to scrutiny under Article 14 and 21. Consequently, it would be unjustified to keep bar fitters for an abnormally long time without taking into account their safety as well as the security of the institution.
- Right against Custodial Violence
In the case of Sheela Barse v. State of Maharashtra[13], the Supreme Court took great notice of the abuses inflicted upon female prisoners housed in the Bombay police lockup. The Court underlined how crucial it is for a poor or destitute accused person who has been arrested and has had his life or personal freedom threatened to have legal representation. In order to provide legal assistance to prisoners who are not yet on trial, the Court directed the Inspector General of Prisons, Maharashtra, to send a circular to all Superintendents of Police in the State, highlighting the importance of setting up a system for doing so. The circular required the Superintendents of Police to provide facilities and information to the Legal Aid Committees.
- Right against Inhuman Treatment
The court concluded in Kishore Singh v. State of Rajasthan[14] that the police’s use of third-degree tactics violated article 21. The Court ruled that practices such as imposing long-term, 8-11 months solitary confinement or putting prisoners in bar fetters for non-criminal offences like loitering, acting impolitely or tearing up their history tickets must be viewed as barbaric and against human dignity is a fundamental principles of our Constitution and should not be exchanged for the mere comgort of prison officials.
- Right against Solitary Confinement
In Sunil Batra v. Delhi Administration[15], the petitioner was given death sentence by the Delhi Sessions Court and The High Court was still considering his appeal against the ruling. While the Appeal was pending, he was held in Tihar Jail. He protested that he had been held in solitary confinement ever since the Session Court found him guilty. Section 30 of the Prisons Act, 1894, Batra contended, did not empower jail personnel to apply solitary confinement, even if it qualified as a substantive penalty under Indian Penal Code, 1860 sections 73 and 74 and could be handed out by a judge. That was something that couldn’t be left up to the whims and discretion of the jail administration. The petitioner’s solitary confinement was deemed to have violated article 21 by the Supreme Court after reviewing the petitioner’s case.
- Right against Delayed Execution
It has been determined that prolonged confinement in order to await the execution of a death sentence violates Article 21 since it is unjust, unfair, and unreasonable.
The appellant in T.V. Vatheeswaran v. State of T.N.[16] received a death sentence, but it took eight years for it to be carried out. He argued that it would be a flagrant breach of his fundamental right to be taken away from him after ten years in prison, eight of which he spent in illegal solitary confinement. The Supreme Court granted the appellant’s argument, ruling that the only way to right the harm done to him would be to overturn the death penalty.
RIGHTS UNDER UNIVERSAL DECLARATION OF HUAMN RIGHTS
Global recognition and establishment of rights are based on the Universal Declaration of Human Rights. Every fundamental human right for everyone on the planet has been covered in this booklet. It’s an inherent right. The document was declared on December 10th, 1948.
The following are some of the principles and provisions found in the Universal Declaration of Human Rights:
- Right to freedom of speech
- Right to equality before law
- Right to equal respect for all
- Everyone is entitled to all the freedoms and rights outlined in the declaration regardless of race, colour, sex, language, religion, political viewpoint, national or social origin, property, birthplace, or status.
- No person shall be subject to cruel or torture, inhuaman or degrading treatment or punishment.
- Everyone has right to life, liberty and security of person
- No one shall be subjected to arbitrary arrest, detention or exile
- International covenant on civil and political rights. 1966
For the benefit of all people worldwide, the Universal Declaration of Human Rights and Protection was created. Since it is, all human rights are reserved for it. There’s no reason to distinguish between a prisoner and an average person here.
PRESENT SCENARIO
The modern world is changing quickly. A criminal or someone who has broken the law is referred to as a prisoner. It may convict someone of a national or international crime. Nobody is aware of the jail system or the rights of inmates. Prisons are not operating efficiently for inmates. Every jail was built many years ago. There isn’t a modern prison built.
There exist several categories of convicts, such as juvenile, woman, adult, casual, juvenile, adult, and undertrial prisoners. Some hardened criminals attempt to break out of jail by using illicit methods. The purpose of the prison is to let inmates reflect on their wrongdoing and begin the process of recovery. As we all know, prisons in other nations are significantly different from our own in terms of the conditions faced by inmates. Prisoners faced numerous issues and suffered greatly, as listed below:
- Overcrowding
- Lack of fast proceedings
- Lack of knowledge
- Lack of health care and hospital facilities
- Limited food
- Insufficient prison staff
- Lack of administration
NEED OF CHANGES IN PRISON SYSTEM
The design of the prison must make it feel like a home to the inmates. It will support their rehabilitation. Terrorists must also be housed in a separate facility from all other inmates and criminals. A work program tailored to their skill set such as handicrafts, machine work, agriculture, gardening, etc. must be developed.
The Human Rights Commission has its headquarters in a separate state. The State Human Rights Commission and the National Human Rights Commission exist. The Human Rights Commission must create educational initiatives for prisoners. Legal assistance services provided by consultants to prisoners must be mandated.
Few suggestions for the innovative arrangement of prison:
- Development of high security construction of new prison with proper space
- Medical administration to work 24 hours with ambulance service
- Provide communication centre with recording base system
- Proper education for prisoners
- Organize vocational training and work programmes
- Legal aid service
- Under trail prisoner and young offender must be kept in separate cells
- Proper inspection
- Maintain proper food facility
- Proper sanitation and hygiene
- Women prisoners have to be provided with all private secutity and facility with proper manner
CONCLUSION
This article will aid in understanding the issues surrounding prisoners’ rights. Equal opportunities and rights should be granted to prisoners in accordance with human rights. Prisoners’ human rights must be upheld and supported. Prisoners have the right to care, protection, development, and rehabilitation. As a result, every prisoner is accorded human rights and treatment under the Indian Constitution.
[1] SC Order in Re – Inhuman Conditions in 1382 Prisons (2016) W.P.(C) No. 406 of 2013
[2] State of A.P. v Challa Ramkrishna Reddy & Ors. (2000) 5 SCC 712
[3] Jayeshkumar Shivrambhai Mali, Rights of Prisoners in India, Vol.2, JOURNAL ON CONTEMPORARY ISSUES OF LAW, 2 (2016)
[4] THOMAS BABINGTON MACAULAY, MINUTE ON INDIAN EDUCATION (1835)
[5] T.V. Vatheeswaran v. State of Tamil Nadu 1983 (2) SCC 68
[6] Dr. Rahul Tripathi, Protection of Human Rights of Prisoners under Indian Constitution: An Overview, Vol. 6, INTERTERNATIONAL JOURNAL OF MANAGEMENT AND SOCIAL SCIENCE RESEARCH (IJMSSR), 33, 34 (2017)
[7] M.H. Hoskot v. State of Maharashtra, AIR 1978 S.C. 1548
[8] Babu Singh v. State of U.P., AIR 1978 S.C. 527
[9] Akhtrai Bai v. State of M.P., AIR 2001 S.C. 1528
[10] Prem Shankar v. Delhi Administration, AIR 1980 S.C. 1535
[11] Aeltemesh Rien v. UOI, AIR 1988 S.C. 1768
[12] Sunil Batra v. Delhi Administration, AIR 1978 S.C. 1675
[13] Sheela Barse v. State of Maharashtra, AIR 1978 S.C. 1675
[14] Kishore Singh v. State of Rajasthan, AIR 1981 S.C. 625
[15] Sunil Batra v. Delhi Administration, AIR 1978 S.C. 1675
[16] supra note 5