Prisoners Rights In India | भारत में कैदियों के अधिकार

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Index 

1.What exactly is a prisoner?

 

2.Prisoners' Rights in India Under the Prisons Act of 1894

 

2.1. Section 4: The Right to Adequate Accommodation

 

2.2. Excessive Prisoners Have the Right to Shelter and Safe Custody (Section 7)

 

2.3. Qualified Medical Officers Examine Prisoners (Sections 24 and 26)

 

2.4. Prisoner Separation (Section 27)

 

2.5. Prisoner Support from Private Sources (Section 31)

 

2.6. Section 29: Solitary Confinement

 

2.7. Clothing and bedding for civil detainees and undertrials (Section 33(1))

 

2.8. Criminal Prisoners' Employment (Section 35)

 

2.9. Illness Care for Prisoners (Section 37)

 

2.10. Hospital Provision (Section 39)

 

2.11. Civil and Undertrial Prisoners' Visits (Section 40)

 

3.The All India Committee on Jail Reforms identified the rights of prisoners in India in 1980.

 

3.1. Human Dignity is a fundamental human right.

 

3.2. The Right to Basic Needs

 

3.3. The Right to Communicate

 

3.4. Right to Legal Counsel

 

3.5. The right to meaningful and profitable employment

 

3.6. The right to be released on time

 

4.The Constitution of India protects the rights of prisoners.

 

4.1. The Constitution's Article 14

 

4.2. The Constitution's Article 19

 

5.The Constitution's Article 21

 

6.Other Rights of Indian Prisoners

 

6.1. The right to live in decent and humane conditions

 

6.2. The Right to Free Legal Counsel

 

6.3. The Right to a Speedy Trial

 

6.4. Right to be Free from Custodial Violence and Death in Police Interrogations or Encounters

 

6.5. Right to Freedom from Solitary Confinement, Handcuffs, and Bar Fetters

 

6.6. Right to Consult a Lawyer and Meet with Friends

 

6.7. Friends, relatives, or nominated persons have the right to information.

 

6.8. Prisoners have the right to reasonable wages.

 

6.9. Right to Free Expression

 

6.10. The right to be informed of one's legal rights

 

6.11. The Right to Communicate

 

6.12. Right to Have Mental Health Professionals Examine You

 

6.13. Right to Refrain from Double Jeopardy or Punishment

 

6.14. Inside the Jail, you have the right to get books and magazines.

 

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

 

7.1. Prisoner’s Right to Be Informed of Arrest and Bail (Section 50)

 

7.2. The right of the prisoner to be represented by counsel (Sections 303 and 304)

 

7.3. Section 309(1) provides for the right to a speedy trial.

 

7.4. Section 54 guarantees the right to a medical examination.

 

7.5. Right to Appear in Front of a Magistrate Without Delay (Sections 57 and 76)

 

7.6. Right to Attend a Trial (Section 273)

 

7.7. Right to Be Released on Probation for Good Behavior Following Admonition (Section 360)

 

7.8. The right to be released on bail even if the prisoner lacks means (Section 436 CrPC).

 

8.Conclusion

 

What exactly is a prisoner?

 

Let us now define a prisoner in accordance with the Model Prison Manual 2016. A prisoner is defined as anybody who is imprisoned under the authority of a competent agency. In layman's terms, a prisoner is someone who is being detained in jail or prison because they have committed an act that is against the law of the country.

 

In India, the terms "prison" and "jail" are interchangeable, and both convicted and awaiting trial individuals are often referred to as prisoners.

 

Prisoners' Rights in India Under the Prisons Act of 1894

 

The Prisons Act of 1894 established India's first legal framework for regulating prisons. This statute specifies rules aimed at protecting the well-being and protection of prisoners, both convicted and awaiting trial. The following are some of the important rights guaranteed to convicts by this act:

 

The Right to Adequate Accommodation (Section 4)

 

Prisoners have the right to accommodation that meets the requirements outlined in the Prisons Act of 1894. The 2016 Model Prison Manual also emphasizes that living circumstances in all prisons should respect human dignity, addressing issues such as lodging, hygiene, sanitation, food, clothing, and medical care.

 

Excessive Prisoners Have the Right to Shelter and Safe Custody (Section 7)

 

If a jail gets overcrowded and it is impracticable to transport the extra offenders to other facilities, temporary prisons should be established to offer shelter and secure custody. This is especially important during epidemic illness breakouts within a jail.

 

Qualified Medical Officers Examine Prisoners (Sections 24 and 26)

 

Every inmate has the right to be examined by a certified Medical Officer. The prisoner's health status, any wounds or marks on their body, fitness for specialized labor (if sentenced to hard incarceration), and any pertinent observations should all be recorded by the Medical Officer. Section 24(2) requires that these documents be retained in a book held by the Jailer.

 

Female inmates have the right to be examined by a lady matron on the Medical Officer's special or general orders (Section 24(3)).

 

Section 26(2) states that prisoners cannot be transferred from one prison to another unless the Medical Officer certifies that they are free of any ailment that would render the transfer hazardous.

 

Prisoners cannot be released against their will until the Medical Officer determines that such a release is safe (Section 26(3)).

 

Prisoner Separation (Section 27)

 

Females must be housed in different buildings or distinct sections of the same structure in a jail that houses both male and female prisoners. This arrangement is intended to keep them from seeing, chatting with, or interacting with male detainees.

 

Male convicts under the age of twenty-one should be separated from other prisoners in prisons, with mechanisms in place to distinguish those who have attained puberty from those who have not.

 

Undertrial detainees should be kept apart from convicted criminals (convicts).

 

Civil and criminal prisoners should be separated.

 

Prisoner Support from Private Sources (Section 31)

 

Civil inmates and undertrial criminal prisoners have the right to obtain food, clothing, bedding, and other requirements from private sources within acceptable hours. The Inspector General will conduct an examination and approve the rules.

 

Solitary Confinement (Section 29)

 

Prisoners in solitary confinement must be able to contact with a prison officer at all times. Prisoners who have been placed in solitary confinement for more than twenty-four hours, whether as a punishment or otherwise, must be visited at least once a day by a Medical Officer or Medical Subordinate.

 

Clothing and bedding for civil detainees and undertrials (Section 33(1))

 

Every civil prisoner and under-trial who cannot furnish adequate clothing and bedding for themselves will get essential clothing and bedding from the Superintendent.

 

Criminal Prisoners' Employment (Section 35)

 

In emergencies, prisoners sentenced to hard incarceration may work for more than nine hours with written permission from the Superintendent.

 

The Medical Officer should evaluate convicts while they labor, record their weights on each prisoner's history ticket, and make sure they get enough rest.

 

If the Medical Officer considers that a prisoner's health is failing as a result of a certain job, the prisoner should be switched to a more appropriate task as decided by the Medical Officer.

 

Illness Care for Prisoners (Section 37)

 

Prisoners who are ill or show indicators of physical or mental health problems and seek to consult the Medical Subordinate (doctor) must be quickly reported to the Jailer by the supervising officer.

 

The Jailer must immediately notify the Medical Subordinate of any detainees who require medical assistance or indicate a desire to see a doctor. They must also abide by any written directions given to them by the Medical Officer or Medical Subordinate regarding modifications in the discipline or care of such detainees.

 

Hospital Provision (Section 39)

 

Each jail must have a hospital or other appropriate facility to care for sick inmates.

 

Civil and Undertrial Prisoners' Visits (Section 40)

 

Convicts and undertrial inmates have the right to meet with anyone with whom they want to speak while in jail, provided they do so at the appropriate times and under reasonable limits.

 

In the interests of justice, undertrial inmates may be allowed to meet with their duly competent legal advisors in private, without the presence of any other individuals.

 

The All India Committee on Jail Reforms identified the rights of prisoners in India in 1980.

 

The Mulla Committee emphasized several essential prisoner rights, emphasizing their dignity and humane treatment inside the jail system. The following are the main rights:

 

Human Dignity is a fundamental human right.

 

The right to be regarded as a human being and a person, as stipulated by India's Supreme Court, which has specifically ruled that convicts shall not be treated as non-persons.

 

The right to bodily integrity, which protects against physical abuse or aggression by correctional staff or fellow inmates.

 

The right to mental integrity, which protects against aggression from both staff and other convicts.

 

The right to keep fundamental rights guaranteed by the Indian Constitution, except where prohibited by law governing confinement conditions.

 

The Right to Basic Needs

 

The right to enough nutrition, health care, access to safe drinking water, clean and sanitary living circumstances, sanitation, personal hygiene, adequate clothing, bedding, and other necessities.

 

The Right to Communicate

 

The right to communicate with the outside world.

 

The right to be interviewed on a regular basis.

 

The right to obtain information about the outside world via various modes of communication.

 

Right to Legal Counsel

 

The right to effective information access, as well as all legislative provisions governing detention conditions.

 

The right to consult with or be represented by a lawyer of the prisoner's choice.

 

The right to get legal services from agencies such as State Legal Aid Boards or other similar organizations.

 

The right to be told about legal rights relating to appeal, revision, and review, both for conviction and sentencing, upon admission.

 

The right to receive all court records required for the filing of an appeal, revision, or sentence review.

 

During incarceration, the right to successfully express individual complaints and grievances to the appropriate authorities.

 

The right to interact with the prison administration, relevant government and judicial authorities, in order to remedy violations of prisoners' rights and grievances.

 

The right to meaningful and profitable employment

 

The right to engage in meaningful and profitable employment.

 

Note 1: Prisoners should not be subjected to forced labor such as "begar" or similar exploitative practices, as this breaches Article 23 of the Constitution's fundamental right against exploitation.

 

Note 2: Undertrial convicts who volunteer to work should be assigned appropriate jobs and paid according to the guidelines.

 

Note 3: Even if some money is granted, prisoners should not be assigned domestic labor with prison officials because it is not considered significant or profitable job.

 

Note 4: Except in open jails and camps, prisoners should not be involved in employment under the management, control, supervision, or direction of private entrepreneurs seeking profit for their organization.

 

The right to be paid for work done while incarcerated.

 

The right to be released on time

 

In certain cases, prisoners' rights include the right to be freed before the due date.

 

The Constitution of India protects the rights of prisoners.

 

The Indian Constitution protects the fundamental rights of all inmates. The Supreme Court of India, in the matter of State of A.P. Challa Ramkrishna Reddy and Others v. (2000) 5 SCC 712, maintained that a prisoner, whether a convict or an undertrial, preserves their human dignity and the fundamental rights provided by the Indian Constitution, including the right to life.

 

Articles 14, 19, and 21 of the Indian Constitution grant essential rights to all Indian citizens, including convicts. The Supreme Court of India, in the case of T.V. Vatheeswaran v. State of Tamil Nadu (1983) 2 SCC 68 emphasized that fundamental rights guaranteed by Articles 14, 19, and 21 of the Constitution apply to both inmates and non-prisoners.

 

The Constitution's Article 14

 

Prisoners, like any other citizen, have the right to basic human rights, including access to sufficient nourishment.Article 14 of the Constitution ensures equal protection under the law and equality before the law, guaranteeing that all individuals are treated similarly.

 

The Constitution's Article 19

 

Article 19 of the Constitution grants citizens many liberties, including:

 

Expression and freedom of speech

 

The right to peacefully assemble without arms

 

The right to organize into groups or unions

 

The freedom to move freely throughout India's region

 

The freedom to dwell and establish in any area of India's territory

 

The right to engage in any profession, occupation, trade, or business.

 

However, prisoners can only exercise two of these rights:

 

Article 19(1)(a) guarantees the right to free expression.

 

The right to join an organization (Article 19(1)(c)).

 

These rights ensure that convicts do not lose their fundamental liberties and legal safeguards while serving their sentences.

 

The Constitution's Article 21

 

Article 21 of the Indian Constitution is a fundamental right that is critical in safeguarding individual rights. It asserts that "no person shall be deprived of his life or personal liberty except according to the procedure established by law." This article covers two key aspects of rights:

 

Article 21 ensures everyone's right to life, which is a fundamental and inalienable human right. It safeguards persons from arbitrary actions or judgments that may result in the loss of life. This right entails not just the right to bodily existence, but also the right to live in dignity. It limits the state's ability to take life unless it is done in line with a lawful and just process.

 

Personal Liberty: Article 21 protects an individual's right to personal liberty. It assures that the state or any other authority cannot unilaterally limit a person's freedom and physical autonomy. This includes protection from arbitrary arrest, detention, or imprisonment. Personal liberty is an essential component of a person's freedom and dignity, and Article 21 assures that it is preserved.

 

In conclusion, Article 21 of the Indian Constitution is an essential clause that protects the right to life and personal liberty, acting as a vital safeguard against arbitrary actions by the state or other entities. It strengthens the judicial system's ideals of justice, fairness, and human dignity.

 

Other Rights of Indian Prisoners

 

Inmates have additional rights that ensure humane treatment and access to legal aid. Here are some of the most important rights of Indian prisoners:

 

The right to live in decent and humane conditions

 

In the case of Upendra Baxi v. State of U.P., (1983) 2 SCC 308, the Supreme Court issued a number of directives to ensure that inmates at the Agra Protective Home are not subjected to inhumane and humiliating treatment. This protects the right to live in dignity, as guaranteed by Article 21 of the Constitution.

 

The Right to Free Legal Counsel

 

Anyone detained has the right to consult with a lawyer, which is both a constitutional guarantee and a fundamental right.

M.H Wadanrao Haskot situation is an example of this. The Supreme Court recognized in M.H Wadanrao Haskot vs. State of Maharashtra (1978) 3 SCC 544 that the right to legal aid is an essential component of a fair procedure.

 

Article 22(1) of the Indian Constitution guarantees the right to be represented by a lawyer of one's choice.

 

Article 39A of the Constitution also provides for legal help to the impoverished and vulnerable members of society, including accused individuals.

 

The presence of a lawyer at the time of arrest can have a substantial impact on how the accused is treated in police custody, lowering the possibility of maltreatment and coercion and ensuring the accused's rights are respected.

 

The Legal Services Authority Act (LSAA), 1987, also states that anyone in 'custody' is entitled to legal aid, and the State may reimburse the expense if the individual is prepared to accept it.

 

The Supreme Court ruled in Sheela Barse vs. State of Maharashtra that when a person is arrested, the police must immediately notify the nearest Legal Aid Committee and take efforts to offer legal help.

 

The presence of a lawyer throughout the arrest process can make a big difference in defending the accused's rights and well-being.

 

The Right to a Speedy Trial

 

The right to a timely trial is a basic right guaranteed to prisoners in India under Article 21. This right applies to both the innocent and those under investigation.

 

The Constitution requires a trial method that is just, fair, and reasonable.

 

In Hussainara Khatoon v. State of Bihar, the Supreme Court noted the appalling scenario in which a large number of people, including children, were imprisoned for extended periods of time while awaiting trial. The court voiced concern about the trial's delay, particularly for individuals who couldn't afford bail.

 

The Supreme Court ruled that a method that puts a significant number of people in jail without trial for an extended period of time cannot be considered reasonable, just, or fair, and consequently violates Article 21.

 

Right to be Free from Custodial Violence and Death in Police Interrogations or Encounters

 

In India, prisoners' rights must be protected against custodial violence, which can occur in police or court custody.

 

Physical torture, sexual harassment, and custodial deaths are all examples of custodial violence. Torture, cruel, brutal, or humiliating treatment or punishment should be prohibited.

 

Sunil Batra, a convict, reported assault in jail to the Supreme Court in Sunil Batra v. Delhi Administration. According to the court, prisoners should be protected against corporal punishment and assault.

 

A farmer who refused to pay a bribe to a local police policeman died under mysterious circumstances within six hours of incarceration in the case of State of Uttar Pradesh v. Ram Sagar Yadav and Ors. The accused individuals in the case were found guilty by the Supreme Court.

 

Right to Freedom from Solitary Confinement, Handcuffs, and Bar Fetters

 

Solitary confinement is the entire isolation of a prisoner, isolating them from all human interaction and allowing them restricted access to the open air at the discretion of jail authorities. Solitary confinement is allowed for a maximum of three months.

 

Arrested people or under-trial inmates should not be handcuffed unless there are compelling reasons.

 

The Supreme Court ruled in Prem Shankar Shukla vs. Delhi Administration that handcuffing is inhumane and harsh. It is necessary to keep an under-trial from escaping, but binding a person hand and foot, fettering their limbs, and forcing them to stand in tribunals for hours is considered torture and humiliation. Handcuffs or other fetters should not be used on prisoners awaiting trial unless absolutely required.

 

Right to Consult a Lawyer and Meet with Friends

 

The Supreme Court of India recognized the right of prisoners in India to be visited by friends and family, subject to search, discipline, and security standards, in the case of Sunil Batra v. Delhi Administration. Inmates in solitary benefit from such visits.

 

Inmates have the right to speak with and discuss with their attorneys.

 

Friends, relatives, or nominated persons have the right to information.

 

An arrested person has the right to be informed of their arrest and location of imprisonment. Section 50A of the Criminal Procedure Code clearly provides for this privilege.

 

According to the Supreme Court, these rights are inherent in Articles 21 and 22(1) of the Constitution and must be recognized and protected.

 

Prisoners have the right to reasonable wages.

 

Section 53 of the Indian Penal Code allows for the assignment of work to inmates condemned to hard imprisonment; however, it does not require that such employment be unpaid.

 

If a person, whether free or incarcerated, delivers labor or services for less than the minimum wage, the work is considered "forced labor" under Article 23 of the Constitution.

 

The Supreme Court stated in People's Union for Democratic Rights v. Union of India that labor or services performed for remuneration less than the minimum wage constitutes compelled labor. Individuals in this situation might seek enforcement of their fundamental rights by asking the Court to order the payment of the minimum wage.

 

Right to Free Expression

 

The right to personal liberty includes the right to write and publish a book.

 

Denial of this right without legal authority is a violation of Article 21 of the Constitution.

 

The right to be informed of one's legal rights

 

Prisoners have the right to be informed about their legal rights to appeal, revision, or review in situations of conviction or sentence upon admission.

 

They also have the right to get all court papers required to file an appeal, modification, or review of their sentence or conviction.

 

The Right to Communicate

 

Prisoners have the right to communicate with those outside the institution.

 

They have the right to meet with or interview their lawyers on a regular basis to ensure effective legal representation.

 

They have the right to be informed about the outside world through communication channels.

 

Right to Have Mental Health Professionals Examine You

 

The Supreme Court has ruled that convicts on death row have the right to be interrogated by mental health professionals.

 

According to the Model Prison Manual, 2016, convicts with mental health disorders must be admitted to mental health institutions, and counsellors must be accessible to examine the prisoners.

 

Right to Refrain from Double Jeopardy or Punishment

 

Article 20(2) of the Indian Constitution states that no one shall be prosecuted and punished for the same offense more than once.

 

Inside the Jail, you have the right to get books and magazines.

 

Prisoners have the right to receive books and publications while incarcerated, unless the jail administration deems a particular book undesirable.

 

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

 

Prisoner's Right to Be Informed of Arrest and Bail (Section 50)

 

Every arrested person has the right to know the reason for their arrest as well as their right to request bail.

 

When a police officer or other person arrests someone without a warrant, they must promptly inform the apprehended person of the entire details of the offense for which they are being arrested, as well as the other grounds for the arrest.

 

The right of the prisoner to be represented by counsel (Sections 303 and 304)

 

Section 303 of the Code of Criminal Procedure (CrPC) allows inmates to choose their own lawyer to represent them in court.

 

Section 304 of the CrPC mandates that legal aid be supplied at the state's expense in specific circumstances.

 

Section 309(1) provides for the right to a speedy trial.

 

Section 309(1) of the CrPC states that all inquiries and trials must be completed as soon as feasible.

 

Section 54 guarantees the right to a medical examination.

 

Section 54 of the CrPC authorizes a registered medical practitioner to examine the body of an arrested person at the request of the arrested person in cases of abuse and maltreatment in detention.

 

Right to Appear in Front of a Magistrate Without Delay (Sections 57 and 76)

 

The prisoner has the right to be physically produced before the court during the hearing of their case without any procedural delay.

 

Right to Attend a Trial (Section 273)

 

According to Section 273 of the CrPC, all evidence and statements must be recorded in the presence of the accused or their lawyer.

 

Right to Be Released on Probation for Good Behavior Following Admonition (Section 360)

 

In rare situations, the court may order the prisoner's release on probation after seeing their good behavior.

 

This includes cases in which a person over the age of 21 is convicted of an offense punishable by a fine or imprisonment for up to seven years, or when a person under the age of 21 or a woman is convicted of an offense not punishable by death or life imprisonment and no previous conviction is proven against the offender.

 

Such release is conditional on the prisoner entering into a bond to appear and receive a sentence when summoned for a defined period, as well as to keep the peace and maintain good behavior.

 

The right to be released on bail even if the prisoner lacks means (Section 436 CrPC).

 

Section 436 of the CrPC requires that a needy or poor person be released on bail without the requirement of a guarantor.

 

It enables the person to execute a bond to appear in court without providing any surety.

 

Any person who is unable to post bail within seven days after their arrest is considered impoverished or poor by the court.

 

The idea is that bail, not jail, is the rule, and depriving someone of their liberty is the last resort.

 

Conclusion

 

In India, prisoners' rights are protected by the Constitution and the Code of Criminal Procedure. These rights include the right to be treated with dignity, the right to legal counsel, a speedy trial, medical evaluation to prevent torture, and the right to be present during trial processes.

 

In addition, inmates have the right to be told about the reasons for their detention, to be granted bail, and to be released on probation for good behaviours. The notion of bail over imprisonment is emphasized, particularly for indigent or needy inmates. These prisoners' rights protect the essential concepts of justice, fairness, and human rights, guaranteeing that even those in captivity are treated with dignity and due process under the law.