Rights Of Prisoners In India

With a historical view on prisoner rights, we find that for a long time, prisoners’ rights were neglected, and they were treated as slaves of the state.[2] There was a period called the “hands-off” era during which courts generally refused to entertain cases involving prisoner rights.[3] In 1934, the US Supreme Court ruled that “The court has no power to interfere with the conduct of the prison or its discipline”[4]. After the 1960s, courts took a liberal approach and stated that prisoners also enjoyed certain constitutional rights.[5] The period between 1953 and 1969 is termed the “Warren Court era,” in which civil rights were expanded to prisoners by the courts. For example, in the case of Johnson v. Avery (1969)[6], the US Supreme Court held that “it is fundamental that access of prisoners to the courts for the purpose of presenting their complaints may not be denied or obstructed”.

International Instruments

With the changing times, basic rights of individuals were considered to be of a most critical nature and to ensure the same, many important international laws regarding prisoners’ rights came into existence. UN Charter, Universal Declaration of Human Rights, The International Covenants on Civil and Political Rights, 1966 and the UN Core Conventions and Specific Instruments[7] are some examples. Fundamental rights stated by all these laws include dignified treatment to prisoners, no discrimination among the prisoners, to be provided with meaningful remunerated employment, to be provided with health services, no degrading treatment, no arbitrary arrest or detention, right to liberty, separation of young prisoners from adult prisoners and security of person, etc.

Constitutional Position in India

In India, there is no special provision regarding prisoners’ rights in the constitution. The Constitution of India provides Fundamental Rights to every citizen under Part III. Prisoners are citizens whose fundamental rights the government has taken away. This does not mean that they do not have any rights at all. Judicial Activism has played an essential role in recognising the rights of prisoners by judiciously interpreting Articles 19 and 21. The Supreme Court has held, “Convicts are not denuded of all the Fundamental Rights which they otherwise possess…other constitutionally guaranteed precious rights under Article 21 are still applicable to the convicts that he shall not be deprived of his life and personal liberty except according to the procedure established by the law.”[8] In another case, the Supreme Court held that detention conditions do not mean that prisoners could be deprived of their other fundamental rights.[9]

Classification of Prisoners’ Rights

The rights of prisoners can be classified into two main categories:

1. Right to Physical NeedsThese include the right to food, accommodation, clothing, sanitation and Hygiene, Medical care, etc.
2. Right to Aspirational Needs(Text continues below under specific rights headings.)

Specific Rights

Right against physical restraints

The Supreme Court has held that unless the state has reason to believe that the criminal is of such a nature and circumstances so hostile that it becomes necessary to handcuff him to prevent his escape, the state should not physically restrain any prisoner.[10]

Right to Speedy Trial

The Supreme Court held that it violates Article 21 if the prisoner has spent virtually his entire sentence in prison. The state should abide by the constitutional mandate of “speedy trial” and cannot avoid the same by giving excuses.[11]

Right to free legal aid

Article 39A and 22(1) provide the accused with the right of free legal aid from the counsel of his choice.

Right to life and personal liberty

Article 21 states, “No person shall be deprived of his life or personal liberty except according to procedure established by law.” This right has been held as the “heart of the fundamental rights” by the Supreme Court.[12] In Maneka Gandhi v. Union of India[13], the Supreme Court held that Article 21 has a wide scope and it also includes certain rights embodied under Article 19 as well. The procedure depriving any person of their right to life and liberty must be reasonable[14].

Right to live with human dignity

It is one of the fundamental rights under Article 21 of the Constitution. The Courts have expanded the purview of this article and held that everyone has a right to live with honour and dignity. In Maneka Gandhi v. Union of India, the Supreme Court held that the right to life under Article 21 means the right to live with dignity.

Right to be released on bail

The Supreme Court has held that prisoners who cannot give surety and have spent more than half of their term in jail can be released on bail, considering their period in prison.[15]

Right against custodial torture

Custodial violence is a punishable offence under section 29 of the Police Act 1861. Article 21 is an important provision safeguarding a person’s right to life against any police torture. In D.K. Basu v. State of West Bengal[16],the  Supreme Court laid down certain guidelines to be followed by the police while making an arrest. In another case, the Supreme Court has held, “Fundamental Rights do not flee the person as he enters prison, although they may suffer shrinkage necessitated by incarceration.”[17] Feeling the need for a law on this serious issue, the government tried to bring the bill titled ‘The Prevention of Torture Bill, 2010’ into force, but it lapsed twice with the dissolution of the 15th and 16th Lok Sabha and could not pass.

The right to education, the right to publication, and the right to reasonable wages are some of the other rights available to prisoners.