Rights of Prisoners in India | Important Acts and Laws for Judiciary Exams PDF Download

Prisoners' Rights in India

• Under the Constitution of India, every individual is entitled to equal treatment under the law, including prisoners.
• Prisoners are guaranteed specific rights and should be treated with respect and dignity.
• The Supreme Court of India upholds the fundamental rights of prisoners, emphasizing humane treatment.

Prisoner Definition

• According to the Model Prison Manual 2016, a prisoner is someone confined in a prison under legal authority.
• In simple terms, a prisoner is an individual held in jail for violating the country's laws.
• In India, the terms "prison" and "jail" are used interchangeably, referring to both convicted individuals and those awaiting trial.

Prisoner Rights and Fundamental Rights

• Regardless of their actions, prisoners are entitled to fundamental rights as long as their liberty is not constitutionally restricted.
• The Supreme Court's decision in the case of State of A.P. Vs. Challa Ramkrishna Reddy & Ors. (2000) affirmed that prisoners retain their fundamental rights.
• Mahatma Gandhi advocated for prisons to focus on rehabilitation and care, recognizing that crime often stems from troubled minds.

Rights of Prisoners in India under the Prisons Act, 1894

• Right to Adequate Accommodation (Section 4): Prisoners are entitled to suitable accommodation that meets the standards specified in the Prisons Act of 1894. Living conditions in prisons should respect human dignity, covering aspects like housing, hygiene, sanitation, food, clothing, and medical services.
• Right to Shelter and Safe Custody for Excess Prisoners (Section 7): In case of prison overcrowding, temporary arrangements must be made to provide shelter and safe custody, especially during outbreaks of diseases within the prison.
• Examination of Prisoners by Qualified Medical Officers:
  • Every prisoner should be examined by a qualified Medical Officer, who records their health status, injuries, fitness for labor, and other relevant details.
  • Female prisoners have the right to be examined by a lady matron as per medical officer's orders.
  • Prisoners cannot be transferred or discharged without medical certification.
• Separation of Prisoners (Section 27): Female and male prisoners must be housed separately to prevent interaction. Undertrials should be kept separate from convicts, and civil prisoners from criminal prisoners.
• Maintenance of Prisoners from Private Sources (Section 31): Civil and undertrial prisoners can obtain essentials from private sources during designated hours, subject to rules.
• Solitary Confinement (Section 29): Prisoners in solitary confinement must have access to communicate with officers, and regular medical visits are required.
• Supply of Clothing and Bedding (Section 33(1)): Civil prisoners and undertrials without adequate clothing and bedding should receive necessary supplies from the Superintendent.
• Employment of Criminal Prisoners (Section 35): Prisoners under rigorous imprisonment can engage in labor with proper approval, medical supervision, and reassignment if necessary for health reasons.
• Care for Ill Prisoners (Section 37): Sick prisoners must be reported promptly for medical attention and follow medical instructions for treatment.
• Provision of Hospitals (Section 39): Prisons must have facilities for the medical care of sick prisoners.
• Visits for Civil and Undertrial Prisoners (Section 40): Both convicts and undertrials have the right to meet individuals they wish to communicate with, including legal advisors for undertrials.

Rights of Prisoners in India Identified by the All India Committee on Jail Reforms, 1980

Right to Human Dignity

• Prisoners have the right to be treated with dignity and humanity, as emphasized by the Mulla Committee. This includes being recognized as individuals and not dehumanized.
• They are entitled to physical integrity, safeguarded against any form of abuse or violence, whether from prison staff or other inmates.
• Prisoners also have the right to mental well-being, protected from any form of aggression or harm.
• They retain fundamental rights granted by the Indian Constitution, except as restricted by law governing confinement conditions.

Right to Basic Minimum Needs

• Prisoners have the right to essential requirements such as proper nutrition, healthcare, clean water, hygienic living conditions, sanitation, personal hygiene items, clothing, and bedding.

Right to Communication

• Prisoners have the right to communicate with the outside world, have periodic interviews, and access information from various media sources.

Right of Access to Law

• Prisoners should have effective access to legal information and provisions governing detention conditions.
• They are entitled to legal representation, access to legal aid organizations, and information about their rights related to appeal and review processes.
• Prisoners have the right to file complaints, communicate with authorities, and address violations of their rights.

Right to Meaningful and Gainful Employment

• Prisoners have the right to engage in meaningful work that is not exploitative, and they should receive wages according to regulations.
• Undertrial prisoners participating in work voluntarily should be assigned suitable tasks and paid accordingly.
• Engaging in work with private entities for profit should be limited to specific circumstances like open prisons and camps.

Right to be Released on the Due Date

• Prisoners also have the right to be released on time in certain situations.

Rights of Prisoners in India under the Constitution

• Constitutional Safeguards: The Constitution of India ensures that all prisoners, whether convicts or undertrials, retain their fundamental rights. The Supreme Court has affirmed that prisoners do not forfeit their human rights, including the right to life.
• Fundamental Rights Extension: Articles 14, 19, and 21 of the Indian Constitution grant fundamental rights to every citizen, which also apply to prisoners. The Supreme Court has emphasized that these rights are applicable to both incarcerated individuals and those who are not in prison.

Article 14 of the Constitution

• Basic Human Rights: Prisoners are entitled to basic human rights, such as access to nutritious food, as guaranteed by Article 14. This article ensures equality before the law and equal protection, advocating for fair treatment of all individuals.

Article 19 of the Constitution

Freedoms Provided: Article 19 grants various freedoms to citizens, including:

• Freedom of speech and expression
• The right to assemble peaceably and without arms
• The right to form associations or unions
• The right to move freely throughout the territory of India
• The right to reside and settle in any part of the territory of India
• The right to practice any profession or carry on any occupation, trade, or business

Limitations for Prisoners: While prisoners can exercise freedom of speech and expression and the right to join an association, they are restricted from enjoying other freedoms. These rights ensure that prisoners maintain some basic liberties and legal protections even during their incarceration.

• The right to freedom of speech and expression (Article 19(1)(a))
• The right to become a member of an association (Article 19(1)(c))
• These rights ensure that prisoners are not deprived of their basic freedoms and legal protections, even while serving their sentences.

Understanding Article 21 of the Indian Constitution

Significance of Article 21

• Article 21 within the Indian Constitution holds immense importance as it serves as a fundamental right designed to safeguard individual liberties and rights.

Right to Life

• Article 21 guarantees every individual the right to life, which extends beyond mere existence to encompass the right to live with dignity and respect. This provision acts as a shield against arbitrary decisions that may endanger one's life.
• For instance, this right ensures that no person can be deprived of life without the due process of law, thereby ensuring fairness and justice.

Right to Personal Liberty

• Another crucial aspect of Article 21 is the protection of an individual's personal liberty. This right ensures that a person's freedom and physical autonomy remain intact without unwarranted interference from the state or any other authority.
• For example, this right safeguards individuals against unlawful arrests or detentions, emphasizing the importance of personal freedom and dignity.

Summary of Article 21

• In essence, Article 21 acts as a cornerstone of the Indian Constitution by upholding the rights to life and personal liberty. It acts as a bulwark against arbitrary actions by authorities, thereby reinforcing principles of justice, fairness, and human dignity within the legal system.

Other Rights of Prisoners in India

Right to Live in Humane and Good Conditions

• Ensures prisoners are treated with dignity and not in inhumane conditions.
• Example: In the case of Upendra Baxi v. State of U.P., directions were issued to improve living conditions.

Right to Free Legal Aid

• Guarantees the right of arrested individuals to consult a lawyer.
• Example: In M.H. Wadanrao Haskot Vs. State of Maharashtra, the importance of legal aid was emphasized.

Right to Speedy Trial

• Ensures a timely trial for all prisoners, innocent or facing charges.
• Example: Hussainara Khatoon v. State of Bihar highlighted the issue of prolonged incarceration without trial.

Right Against Custodial Violence and Death

• Protects prisoners from violence and ensures their safety in custody.
• Example: In Sunil Batra v. Delhi Administration, the court emphasized the need to prevent violence against prisoners.

Right to Reasonable Wages in Prison

• Allows prisoners to be paid for work done during imprisonment.
• Example: People's Union for Democratic Rights v. Union of India highlighted the importance of fair wages for prisoners' work.

Right to Expression

• Includes the right of prisoners to express themselves, such as writing and publishing.
• Example: Denial of this right violates Article 21 of the Constitution.

Right to Communication

• Ensures prisoners can communicate with the outside world and their legal representatives.
• Example: Regular meetings with lawyers help in legal representation and maintaining connections.

Right to Be Examined by Mental Health Professionals

• Allows for mental health assessments and support for prisoners with mental health conditions.
• Example: Death row inmates have the right to be assessed by mental healthcare professionals.

Right Against Double Jeopardy or Punishment

• Protects individuals from being prosecuted or punished for the same offense more than once.
• Example: Article 20(2) of the Constitution guarantees this right.

Right to Receive Books and Magazines Inside the Jail

• Allows prisoners access to reading materials unless deemed unsuitable by authorities.
• Example: Reading materials provide intellectual stimulation and entertainment for inmates.

Rights of the Prisoners under the Criminal Procedure Code (Cr.P.C)

Right of the Prisoner to Be Informed of Arrest and Bail

• Upon arrest, individuals have the right to know why they are being arrested and that they can seek bail.
• Authorities arresting without a warrant must immediately explain the reasons for the arrest.

Right of the Prisoner to Be Defended by a Lawyer

• Prisoners have the right to choose a lawyer to defend them as per Section 303.
• Legal aid is provided at the state's expense in certain cases under Section 304.

Right to Speedy Trial

• Legal proceedings must be conducted as swiftly as possible according to Section 309(1).

Right to Medical Examination

• Prisoners can request a medical examination by a registered medical practitioner if they suspect maltreatment.

Right to Be Present Before the Magistrate Without Delay

• Prisoners have the right to be promptly brought before the court without unnecessary delays.

Right to Be Present During Trial

• All evidence and statements must be recorded in the presence of the accused or their legal representative as per Section 273.

Right to Be Released on Probation of Good Conduct on or After Admonition

• Courts may release well-behaved prisoners on probation under specific conditions.
• This provision applies to individuals meeting certain criteria regarding age, offense, and past convictions.

Right to Be Released on Bail Even If the Prisoner Does Not Have Means

• Section 436 of the CrPC allows the release of impoverished individuals on bail without the need for a surety.
• Such individuals can execute a bond to appear in court without a surety requirement within seven days of arrest.
• The underlying principle is to prioritize bail over imprisonment, with deprivation of liberty being a last resort.

Conclusion

• In conclusion, the rights of prisoners in India are protected by both the Constitution and the Code of Criminal Procedure. These rights encompass various aspects, including the right to dignity, legal representation, a prompt trial, medical examination to prevent torture, and presence during trial proceedings.
• Furthermore, prisoners have entitlements such as being informed about the reasons for their arrest, access to bail, and consideration for release on probation for good behavior. The principle of prioritizing bail over detention is underscored, particularly for economically disadvantaged prisoners. These rights uphold fundamental principles of justice, fairness, and human rights, ensuring that individuals in custody are treated with dignity and afforded due process under the law.