Prisoners are people who have been lawfully detained after being convicted of a crime. The aim behind the prison system is to reform a convict and help them settle back in society without the apprehension of them committing the same or any other crime again.

The sentence imposed on prisoners differs from person to person as there are different punishments for different crimes committed. These punishments start from merely a fine to the death penalty.

Everything in between leads to a prison sentence. Even though the offence committed by people vary, a person sentenced to prison has to be accommodated in the same prison where there are people who have committed different crimes. Therefore, a person convicted of non-violent theft will be housed in the same prison where a convicted rapist and murderer has been housed.

A person in the prison has no liberty and this is applied to all inmates without exception. In such cases, there is no difference between a convict convicted of a non-violent theft and a rapist/murderer. The prisoner is treated as a prisoner whatever their crime might be. This leads to the high-handedness of prison officials who are supposed to keep the prison running.

The Stanford Prison Experiment

The abuse of power and high-handedness of the guards was well documented in the Stanford Prison Experiment. This was an experiment conducted in 1971, where a group of students was divided into groups of prisoners and guards, randomly. They were to simulate a prison but without the real element of convicted criminals or professional prison guards.

This experiment shed a light on how power can corrupt even the most well-intentioned people in the face of easy and authorised exploitation of people. A feeling of superiority was gained by the pretend guards over the pretend convicts. Even though the "prisoners" were not actually convicted of a crime in real life, the mock prison system that was erected, showed how a position of authority, even though not gained on the basis of skill or knowledge, could demean and degrade the life of another "low-life criminal".

It was observed that people will readily and quickly conform to the roles that are expected of them, especially if those roles are heavily stereotyped. Within hours of the experiment beginning, the guards began to harass and abuse the prisoners, while the prisoners became submissive and withdrawn.

The experiment's findings have been interpreted as evidence that the dehumanizing and oppressive conditions of prison can lead to even good people engaging in cruel and abusive behavior. The experiment has also been cited as an example of the power of situational factors to influence human behavior.

This suggests that prisons, which are inherently hierarchical and authoritarian institutions, are particularly susceptible to human rights abuses.

This also goes on to show that moral actions strengthen moral convictions, just as amoral actions strengthen amoral attitudes.

Prisons in India

India has the world's fourth-largest prison population, with over 400,000 prisoners. However, the capacity of Indian prisons is only around 370,000 prisoners. This overcrowding leads to a number of problems, including poor hygiene and sanitation, inadequate medical care, and increased violence.

According to 2021 NCRB data, Indian prison population had 77% under trials, while only 22% convicts, with almost half of the undertrials in prison for more than 2 years. Out of 5,54,000 prisoners, 4,27,000 were awaiting trial, out of which 24,033 undertrials were already in jail for three to five years. The occupancy rate of prisons was 130%.

Prisoners are often subjected to torture, beatings, and sexual abuse. They are also often denied access to basic necessities such as food, water, and clothing. The prison system is overcrowded, underfunded, and plagued by corruption. As a result, prisoners are often subjected to inhumane treatment and conditions.

Despite these challenges, there have been some positive developments in recent years. The government has also introduced a number of reforms to the prison system, such as the Model Prison Manual 2016, which sets out standards for human rights-compliant prison management.

Universal Declaration of Human Rights

The Universal Declaration of Human Rights is a non-binding resolution of the United Nations General Assembly that sets out a number of fundamental human rights, including the rights of prisoners.

• Under the UDHR, prisoners have the right to be free from torture and other cruel, inhuman, or degrading treatment or punishment.
  • This includes the right to be free from physical and sexual abuse, as well as from solitary confinement and other forms of psychological torture.
• They also have the right to a fair trial.
  • This includes the right to be presumed innocent until proven guilty, the right to be represented by a lawyer, and the right to present evidence and examine witnesses.
• They have the right to be treated with dignity and respect.
  • This includes the right to have access to adequate food, water, clothing, shelter, and medical care.
  • It also includes the right to be protected from violence and abuse.
     

The International Covenant on Civil and Political Rights

The International Covenant on Civil and Political Rights is a binding international treaty that guarantees a number of fundamental human rights, including the rights of prisoners. India, being one of the ratifying parties, is bound by the words and spirit of the ICCPR.

• Article 11 guarantees the right to freedom from arbitrary arrest, detention, and exile.
  • This means that no one should be deprived of their liberty without a lawful reason, and that anyone who is arrested or detained must be promptly informed of the reasons for their arrest and brought before a judge.
• Article 12 protects the right to privacy and freedom from arbitrary searches and seizures.
  • This means that no one's home, correspondence, or communications should be interfered with without a lawful reason.
• Article 18 guarantees the right to freedom of thought, conscience, and religion.
  • This means that everyone has the right to believe or not to believe in any religion, and to practice their religion freely.
     

The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

The Torture Convention was the result of many years' work, initiated soon after the adoption of the Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the "Torture Declaration") by the General Assembly on 9 December 1975.

The convention unequivocally prohibits torture under all circumstances, without exception. There is no justification or emergency that can legitimize the use of torture. This is a fundamental principle of the convention.

States that are parties to the convention are obligated to take effective measures to prevent torture within their territories. This includes enacting legislation and implementing policies and practices to prevent and combat torture.

Parties to the convention are required to investigate and prosecute allegations of torture. If there is evidence that torture has occurred, those responsible must be brought to justice. This helps to ensure accountability for perpetrators.

The convention includes a principle known as "non-refoulement." This means that a state cannot deport, extradite, or otherwise transfer an individual to another state where there are substantial grounds for believing that they would be at risk of torture. This is to prevent countries from indirectly participating in or facilitating torture.

The convention establishes a committee, the Committee against Torture, which is responsible for monitoring the implementation of the convention by states parties. This committee reviews reports submitted by member states and may issue recommendations and observations to improve compliance. States that are parties to the convention are required to submit periodic reports to the Committee against Torture detailing their progress in implementing the treaty's provisions.

The convention recognizes the principle of universal jurisdiction for acts of torture. This means that any state party can exercise jurisdiction over and prosecute individuals accused of torture, regardless of where the alleged crime occurred or the nationality of the perpetrator or the victim.

The persistence of inhuman treatment by the police and prison authorities makes it apparent that the India is determined to protect violence by the police. India is one of only five countries that have yet to ratify the 1987 UNCAT. The others include Sudan, Brunei and Haiti.