A Study on the Protections Available under International Instruments and Constitution of India towards Prisoners.

Abstract

Our nation is known for its democracy and rich culture. The Indian socio-legal mechanism is built on non-violence, liberty, and dignity of the individual. The conviction of a human does not render him non-human and thus they should be treated like one. No one should be deprived of basic human rights available to every person. Prisoner is a human being as well as a natural person or a legal person. If a person gets convicted for a crime, it does not reduce him to the status of a non-person whose rights could be snatched away at the whims of the prison administration. Therefore, imposing any major punishment within the system of prison is conditional upon the absence of procedural safeguards. Therefore, it is mandatory to invoke the rights and constitutional safeguards of the prisoners. Such rights, unless they are propagated and implemented in each corner and the entire perimeter of the prism, are a nullity and betrayal of human faith on the criminal justice delivery system. It is really of concern that a nation like India still lacks a codified specific legislation for the rights of prisoners. However, the role of judiciary in recognising the rights of prisoners through different judgments and interpretations are mention worthy. The increased consciousness regarding prisoners’ rights and reform will generate basic human rights for these individuals. Being a convict or being under-trial must not be reason of depriving an individual from his human rights of survival and protections of life. This paper attempts to explain existing constitutional framework in India to safeguard the prisoner’s rights and elucidates various judicial pronouncements issued from time to time regarding needs and care of prisoners. It also highlights the existing International Instruments that have immensely contributed to the progressive development of human rights of prisoners.