Academic Article by- Anuj Vishwakarma
Introduction-
The word 'prisoner' is any person who is kept in jail or prison under custody because he/she committed an act or acts which is/are prohibited by the law. A prisoner loses some of his rights due to the act he has committed, however, certain basic rights remain with him such as the right to food, protection from torture, the right to have an attorney to defend himself, etc.
However, oftentimes, in the absence of any codified law available in the country dealing with the rights of prisoners, prisoners are treated harshly and deprived of their basic rights. There is also an absence of any comprehensive legislation in the country to deal with the prisoners’ rights. However, the court on various occasions has given recognition to the matter and held that prisoners also hold basic and fundamental rights.
Rights of prisoners-
As accentuated earlier, the conviction of a person does not leave him non-human. He still remains a human and should be treated like one. He deserves the basic human rights available to every common person. But at the same time, he cannot be treated as a free man with all absolute rights. His freedom should be restricted with certain limitations and legal curtailments. These curtailments, in addition, should be reasonable.
The Supreme Court of India on various occasions in some cases such as Sunil Batra v. Delhi Administration and DBM Patnaik v. State of Andhra Pradesh has emphasized the fact that even a prisoner is also a human and should not be treated non-human like.
Rights available to prisoners-
A. Indian law
i) Constitution-
Prisoners hold the rights guaranteed under part III of the Constitution. Articles 14, 19, and 21 are available to the prisoners as well. However, the Constitution cannot foist the fundamental rights in their full form to the advantage of the prisoners. Giving prisoners the Right to Fair Procedure shapes the soul of Article 21. Exacting reasonableness in any restriction forms the essence of Article 19(5) and radical discretion degenerating into arbitrary discrimination is an abomination of Article 14.
Article 14 says that the state shall not deny to any person equality before the law or the equal protection of laws within the territory of India. Thus, Article 14 aspires to treat like alike and also provides the concept of reasonable classification. This Article is a very instrumental guide and basis for the prison authorities to actuate various categories of prisoners and their classifications with the aim of reformation.
Various freedom rights are also available to the prisoners such as freedom of speech and expression, freedom to become a member of an association, etc.
The Right to Privacy is one of the very important rights which are available to the citizens of India. It forms an inherent part of the Right to Life and Personal Liberty under Article 21 of the Indian Constitution. It is also available to the prisoners and convicts through various judgments passed by courts over the years.
The right to life and personal liberty itself forms a significant position as far as the rights of prisoners are concerned. The Supreme Court has, again and again, applied the rule of Article 21 in numerous cases and established its importance in several other. It has dilated the connotation of the word “life” given in the known case of Kharak Singh v. the State of UP. The court held that the term “life” connotes more than mere existence like that of an animal. The impediment against its deprivation extends to all those limbs and faculties by which life is enjoyed.
Another important prisoner's right which forms a significant part of Article 21 is the right to health and medical treatment. The Constitution contains provisions assuring every individual the right to the highest accessible standard of physical and mental health. In various judgments, the Supreme Court has held that the right to health care is a significant element of Article 21.
The right to a speedy trial is another important right that a prisoner holds. Speedy trial is contemplated as an intrinsic part of the criminal justice delivery system. Once a person is accused, he must have a speedy trial so as to punish/absolve him from the crime he committed/not committed.
Right to legal aid- The 42nd Constitutional Amendment (1976) of India contained services of free legal aid as Article 39A under the head DPSP. Though this article is part of the DPSP and hence, not enforceable, the principles highlighted therein are of utmost importance. Prisoners hold this right and a state attorney is provided to the persons who cannot afford it themselves.
ii) The Prisons Act, 1894
This act is the first legislation concerning prison regulation in India. It includes rights of prisoners such as proper sanitation, provisions on the mental and physical health of prisoners, medical accommodations, categorization of prisoners, etc.
iii) The Prisoners Act, 1900
It contains provisions related to the prisoners who are of unsound mind. It says that those persons should be sent to a lunatic asylum where they can get proper treatment.
B. International law-
International human rights laws safeguard people from racial discrimination, torture, and enforced disappearances. They also acknowledge the rights of specific groups of people, including children, women, people with disability, migrant workers, and indigenous peoples Some of these treaties are accompanied by optional protocols which deal with specific issues or permit people to make complaints.
Conclusion-
People do not cease to be human beings when put behind bars. The Supreme Court and many other courts of India have restated this position in several cases to save the prisoners from becoming victims themselves. However, despite the rulings of the judiciary prisoners face serious victimization in terms of discrimination against them on various fronts. Despite several judgments and laws to protect the rights of prisoners available in the country, the lack of a unified umbrella law results in the infringement of the available rights to them one way or another. As the country proceed towards building a more effective structure to safeguard the rights of prisoners, it is the duty of the Central and State governments to not only provide the prisoners with humane conditions but also educate them of their rights so as to stop the abuse faced by them inside the prison by the powerful.
References-
https://blog.ipleaders.in/rights-prisoners-major-judgments/
https://www.legalserviceindia.com/legal/article-6258-rights-of-prisoners-in-india.html
https://www.lawaudience.com/rights-of-prisoners-in-india-a-legal-analysis/