To quote Oscar Wilde “Every Saint Has a Past; Every Sinner Has A Future”.
Representative image ; Source - "A Hidden Labor Force Resists” by Michelle Chen©
The word prisoner means a person who is kept under custody in jail or prison because he/she committed an act prohibited by law of the court. A prisoner is someone who is deprived of their liberty. This liberty can be deprived by forceful restrain or confinement. Although restrained prisoners have basic legal rights that can't be taken away from them. The basic rights include right to food and water, right to have an attorney to defend himself, protection from torture, violence and racial harassment.
The Supreme Court is bothered about the inhuman conditions of prisoners in prisons in India, majorly due to overcrowding of prisons, lack of resources, trained personnel and infrastructure and is working hand in hand with the governments of states and center to improve the conditions; treatment with prisoners in India is inhuman and violating the fundamental rights as well as statutory rights of an individual. For this grave condition to improve, the rights of prisoners must be propagated and implemented in each and every corner properly.
The judiciary in India plays a vital role because it makes the laws to be followed by the citizens. It is the duty of a judiciary to protect the citizens’ human rights. They are obligated to make the rules and regulations of prisons for the criminals that are housed there. However, that does not mean that the Constitution can deny the prisoners of their basic rights. The Supreme Court of India reads to Article 21 of the Indian Constitution and developed human rights law for providing protection and rights to maintain a prisoner’s human dignity. If an individual or an authority chooses to violate these rights, they violate the provisions mentioned in Article 14 of the Constitution, which protects the right to equality as well as equal protection of the law.
Different fundamental rights under Article 14, 19, 20, 21 and 22 of the Constitution of India deals with the rights of prisoners. Article 14 deals with right to equality which provides equality before law and equal protection by law to all citizens. Article 21 deals with right to life and personal liberty. Article 20 deals with two things, firstly it prohibits double jeopardy, viz, no person should be convicted for same offence twice. Secondly, it prohibits self-incrimination, viz, no one can be compelled to be witness against himself. Article 22 provides that a person must be produced before magistrate within 24 hours of his arrest and must be provided with a counsel of this own choice. The scope of Article 21 is so vast that we do not need any other rights in our Constitution, and according to the Supreme Court’s meaning of ‘life’ under Article 21, whereby all the rights such as right to health, right to food, right to shelter, right to bail, right to speedy trial, right to free legal aid, right against custodial violence and death in police lock-ups or encounters, Right to meet friends and family members, Right to reasonable wage in prison, right against cruel and unusual punishment etc., have been included under it.
Apart from the Constitutional rights there are also statutory rights constructed for the prisoners. The Prisons Act, 1894 enacted for the functioning of the prisons, provides certain statutory rights to the prisoners. Section 4 of the Prisons Act provides for accommodation and sanitary conditions for prisoners. Section 7 provides for shelter and safe custody of the excess number of prisoners who cannot be safely kept in any prison. Section 24(2) provides for examination of prisoners by qualified medical officers. Section 31 provides for separation of prisoners containing female and male prisoners, civil and criminal prisoners and convicted and under-trial prisoners. Section 33 provides that every civil and un-convicted prisoner, unable to provide himself with sufficient clothing and bedding, shall be supplied with such clothing and bedding. Section 35 provides for treatment of under-trials, civil prisoners, parole and temporary release of prisoners. Section 37 provides that a prisoner must be provided with a medical officer if he is in need or if he appears out of health in mind or body.
OTHER ESSENTIAL RIGHTS :-
• RIGHT TO LEGAL AID -
Under the Indian Human Rights law, legal Aid is of great importance, and it is not only accessible in criminal cases but is additionally offered in standard, income, and regulatory matters.
• RIGHTS AGAINST INHUMAN TREATMENT OF PRISONERS -
Under the Indian Human Rights law, legal Aid is of great importance, and it is not only accessible in criminal cases but is additionally offered in standard, income, and regulatory matters.
• RIGHTS AGAINST SOLITARY CONFINEMENT -
The courts have solidified their perspective to be against solitary confinement and held that the inconvenience of solitary confinement is an exceptionally corrupting and dehumanizing impact on prisoners. However, the courts placed an exception for unusual situations where the convict was a direct threat to others.
• RIGHT TO SPEEDY TRIAL -
The speedy trial of offenses is one of the essential targets of the criminal equity conveyance framework. The right to a speedy trial is provided under section 309 of Cr.PC.
• NARCO-ANALYSIS/BRAIN MAPPING/POLYGRAPH-
Narco-analysis, Polygraph test, and Brain mapping proved to be useful devices of examination organizations around the world for extracting truth from the accused. The Supreme Court acknowledged that the tests oppose Article 20 (3), which mentions that an individual cannot be compelled to provide proof against themselves.
CONCLUSION
Life is not merely animal existence. The souls behind the bar cannot be denied the same. The rights guaranteed by Article 21 are for every person and not even the state could deny it. Prisoners also have all the rights which a free man has under some restrictions. Just being in prison doesn’t deprive them from their fundamental rights.
As earlier quoted – “every saint has a past, every sinner has a future”.