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Prisoner’s rights and prison reform in India
International journal of health sciences
Every person is born with certain human rights and that cannot be curtailed for being a prisoner. These are fundamental and inalienable to all human beings. The Constitution of India grants certain fundamental rights that live with the persons and die with them and violation of which is a grave injustice towards the person. The treatment of prisoners in prison and violation of their rights on a daily basis is the mirror how prisoners are neglected by the higher authorities and the various reports of their inhuman treatment is the hypocrisy of the police officers in the society. The basic idea of rights provided by the government to the prisoners is not to show mercy for their crimes rather not forbidding any person from their basic civil rights or encouraging inhuman treatment. The prison reforms being single of the major parts of criminal justice structure is also the one to which everyone has turned a blind eye. If the very root idea of criminal justice in India is reformative the...
Constitutionality of Prisoners' Rights: A Critical Analysis 1 Manjula Raghav
isara solutions, 2019
Development in fundamental rights jurisprudence has contributed a lot in the welfare of prisons and the prisoner's rights. It is believed that the idea actuated by the landmark judgement of Maneka Gandhi v. Union of India. The Constitution of India is the fundamental law of the land that governs the all wings of the State. It defines the domain of the State agencies and moreover, the most important function of it is to guarantee the rights of the people. It promises to protect the people from the atrocities of the State actions. It guards people from the arbitrary actions of the executive and the draconian legislation by the Legislature. In this regards, Article 21 plays a pertinent role in defining and defending the right to life and liberty of the people as well as prisoners. The present paper will study the contribution of Article 21 of the Constitution and Maneka Gandhi case in the Criminal Justice system with special reference to the prisoners' rights. Further, it will study the contribution of the Supreme Court for the welfare of the prisoners and the improvements happened in the Criminal Justice System At the end, after analysing, the author will provide suggestions and remedial measures for the improvement in the Criminal Justice System and the plight of the prisoners so that fundamental rights can be strengthen in the Criminal Justice System.
Deploring Conditions of Indian Prisons and Rights of the Prisoners
2020
Prisons really do not disappear social problems. They disappear human beings."-Angela Davis. Iron bars cannot build better men and misery can only break what little goodness remains. The punitive institution does not help victims of crimes, but perpetuates the idea of retribution, thus maintaining an endless cycle of violence in our apparently civic society. The conditions in dungeons are appalling, exposing the prisoners to abuse, violence, addiction and shabby treatment. The punishment is highly disproportionate to the crimes committed by the prisoners, breaking their human spirit and detaching them further from the society and the need to refrain from lawlessness and disorder. The crimes of the rich and powerful go mostly unpunished.The institution is thus purposely invented for the production of depravity and vice, condensed to such a degree heaped upon the poor and vulnerable who could really not keep up with the system to be locked up to suffer violence, abuse, humiliation, isolation and the sheer helplessness to the extremes of grotesque human brutality. Ironically, the centric crime prevention and reduction system thrives on the perpetuates the very cores of violence.
Research Paper on Role of Judiciary in Providing Better Environment to Prisoners
International Journal For Multidisciplinary Research
The paper aims to analyse the role of Judiciary in uplifting the deplorable conditions of prisoners. Prison is the place where the inmates are kept and reformed in such a way that they do not become criminals thereafter. The doctrine behind the punishment for an offence has been changed a lot by the evolution of new human rights jurisprudence. The correctional mechanisms, if failed, will make the whole criminal procedure in vain, concept of the reformation has become the watchword for prison administration nowadays. Human rights jurisprudence advocates that, no crime or criminal should be punished in a cruel, degrading or in an inhuman manner. On the contrary, it is also held that any punishment that amounts to cruel, degrading or inhuman should be treated as an offence by itself. The Prisons Act of 1894 is the initial legislation related to the prison system in India. The transition to the criminal justice system and its correctional mechanism has been adopted worldwide. Here, the ...
Human rights and jail administration: a study of prisoners' rights in the central jails of Assam
The increasing importance of human rights round the globe has infused an interest to initiate a scientific enquiry of the rights of the most vulnerable group of human beings-the prisoners. They form the most vulnerable group as they cannot raise voice against the authority for violation of their basic rights. The main purpose for conducting the study is to find the areas of violation of the rights of the prisoners and the role of the jail administration in implementing and protecting the basic rights of this most vulnerable and neglected members of the society. This paper also seek to serve as a parameter to measure how far the Indian State has been successful in making democracy successful by protecting the basic rights of the prisoners.
Rights of prisoners and role of higher judiciary in humanizing Indian prisons: a critique
Passagens: Revista Internacional de História Política e Cultura Jurídica
The prison has remained an ignored area for long time. The rights of the prisoners have also remained neglected for a very long time. Though there were various cases dealt by the India’s higher judiciary relating to rights of prisoners yet the same has remained obscured as the mainstream media does not cover the news related to prisoners’ rights until some celebrity is involved. In this paper, it is attempted to analyze the rights of the prisoners as recognized by the international law. The paper also analyses the role played by Indian higher judiciary in humanizing the prisons through various case laws in the context of the rights available to prisoners. This paper makes an analysis of the role of India’s Higher Judiciary in making the prisons a place where a prisoner can be treated and made fit to re-enter the society after release to lead an honest life. There have been many areas of challenges wherein the Courts have contributed to its improvement through its decisions and guide...
Prison Problems in India: An Overview on the Constitutional and Legal Status
Journal of emerging technologies and innovative research, 2021
The degree of civilisation in a society can be judged by entering its prisons. 1 When an individual has choose to deviate from the path of ethical values and moral conduct attributable to a responsible citizen, he is not anymore someone to be condemned and reformed with harsh and unbearable treatment. There has to be a devised mechanism which suits the particularity of the accused to strip his mind from its offending thoughts. This paper is aimed at cluttering the various initiatives taken by Governments in India from time to time to facilitate the process. The legislative provisions along with the committees formed to recommend measures have been discussed. Major problems plaguing the process of reform have been highlighted to generate an idea to lessen its effect. This paper also primarily reflects upon the subsequent development in the field of prison administration and drive through some perplexing ground realities that add to the process of deterioration. Additionally, it highlights the possible policy overhaul to serve the purpose.
• The right to food and water. • Protection from torture, violence and racial harassment. • Being able to get in touch with an attorney to defend himself. The practice of torture in prison has been widespread and predominant in India since time immemorial. Unchallenged and unrestricted, it has become a 'normal' and 'legitimate' practice all over. In the name of investigating crimes, extracting confessions and punishing individuals by the law enforcement agencies, torture is inflicted not only upon the accused but also on bona fide petitioners, complainants or informants amounting to cruel, inhuman, barbaric and degrading treatment, grossly derogatory to the individual dignity of the human person. Torture is also inflicted on women in the form of custodial rape, molestation and other forms of sexual torture. A 2001 report by Amnesty International highlighted the use of torture by states between 1997 and 2001, and found that every year thousands of perpetrators beat, rape and electrocute other human beings. Torture has been used in most countries from time imme-morial. Its concept is based on two fundamental facts. First, that we all have imaginations, and secondly, that our bodies are susceptible to pain. In other words we can envisage what's likely to happen, and we don't like getting hurt. If a person commits any crime, it does not mean that by committing a crime, he/she ceases to be a human being and that he/she can be deprived of those aspects of life which constitute human dignity. Disturbing conditions of the prison and violation of the basic human rights such as custodial deaths, physical violence/torture, police excess, degrading treatment, custodial rape, poor quality of food, lack of water supply, poor health system support, not producing the prisoners to the court, unjustified prolonged incarceration, forced labor and other problems observed by the apex court have led to judicial activism. Overcrowded prisons, prolonged detention of under trial prisoners, unsatisfactory living condition and allegations of indifferent and even inhuman behavior by prison staff has repeatedly attracted the attention of critics over the years. Unfortunately, little has changed. There have been no worthwhile reforms affecting the basic issues of relevance to prison administration in India.
Mohammad Zaheer Moqimy, 2022
A prison, in general, is a place where defendants or criminal offenders are held for a fixed time or permanently with the written order of a competent legal authority. The law refers to persons who are imprisoned as a legal punishment issued by a court for a crime, who are physically restricted and detained, and who are usually deprived of their liberty. The result is that in every country, there have been examples of prisons in various forms from ancient times till now, and these prisons sometimes have been used for punishment and sometimes for rehabilitation of criminals to send back in society. The health status of prisoners is also an important issue that needs the attention of countries and prison officials. Of course, prison officials should know that criminals are not born criminals, but it is society and circumstances that have led them to crime, as Mahatma Gandhi says, hate crime, not the criminal. In the present age, Prisons officials should think about the future of prisoners, the prison buildings should have welfare facilities and protect the prisoner from cold and heat, and importance should be given to educating and rehabilitating instead of being punished. The purpose of this research (Rights of Prisoners in India) is to analyze the classification of Prisoners, rights of prisoners, and Prisons history in India. Moreover, the rights which are enjoyed by Prisoners under Articles 14, 19, and 21 of the Indian Constitution are the main topics.