HUMAN RIGHT AND PRISONER (CHAPTER -1)

 

Human Right and Prisoner (Chapter-1)

Research Person- Dinesh Gardia

Introduction

All Human beings are entitled to some basic human rights by virtue of being as a member of human family. Prisoners are human being and as such they retain their rights even when in prison. This is so because human rights are universal. This means that every person, including a prisoner, has human rights, no matter who he is, where he or she lives or his or her class, race, sex, age, social status, etc. Also, human rights are said to be inalienable. This means that they cannot be taken away from a person, including a prisoner. Trials awaiting prisoners or people who have been sentenced lose some of their rights, such as freedom of movement, but they keep other rights such

as the right to dignity. The right to human dignity, the right life, right to equality and freedom from discrimination, the right not be tortured or treated cruelly or inhumanely, This means that a prisoner retains his human dignity in all circumstances. His right to human dignity is unbreakable in all circumstances irrespective of the type of crime he committed. He may also not be tortured or treated cruelly or inhumanely under any circumstances.

Universal Declaration of Human Rights which states that: “No one shall be subject to torture or cruel, inhuman or degrading treatment of punishment” the United Nations Covenant on Civil and Political Rights which states in part: “All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person”. According to the Article of 25 of Universal Declaration of Human Rights “All Human beings are said to be born free and

equal in dignity”. The human rights are said to be the natural and basic birth rights of all human

being without any discrimination and therefore everyone is equally liable for all these rights.

Human rights are also available to persons under detention including convicted or under trial

prisoners. Article 21 of the Constitution of India, recognizes that the right to life includes a right.

to live with human dignity and not mere animal existence. Thus, a prison atmosphere can be

accepted as civilized only if it recognizes the basic human rights and the constitutional rights of

the prisoners and makes efforts for the effective and meaningful enjoyment of the same by means

of prison reforms. The system of imprisonment has originated in the first quarter of the 19th

century. In the initial stages the prisons were used as a place for detention of the under trials. It has

undergone a radical change and the penology of the present day has become centered on

imprisonment as a measure of rehabilitation of the criminals. But unfortunately even now our

prisons are crowded with under trial prisoners. Many of them are innocent persons who are caught

in the trap of the law eagerly waiting for their trial date and several of them are prepared to confess

their crime and accept their sentence The need for prison reforms has come into focus during the

last few decades. The Supreme Court and the High Courts have commented upon the shocking

conditions prevailing inside the prisons, resulting in violation of prisoner’s rights. The problem of

prison administration has been examined by numerous expert bodies set up by the Government of

India. The most comprehensive examination was done by the All India Jail Reforms Committee

of 1980-83, popularly known as the Mulla Committee. The National and the State Human Rights

Commission have also, in their annual reports, drawn attention to the terrible conditions in the

prisons and urged governments to introduce reforms.The presence of large number of under trial

prisoners and their continuing stay for longer period definitely indicates the slow rate of trials

which will leads to the overcrowding of our prisons. In the views of National Human Rights

Commissions, unnecessary and unjustified arrests made by the police and the slow judicial

processes causing congestion of under trial prisoners are the main causes of overcrowding in jails.

1.2 RESEARCH OBJECTIVE:

1. To understand the condition of the undertrial prisoners in India

2. To understand the legal framework the covers the human rights of the prisoners.

3. To understand the problem faced by the undertrial prisoners.

4. To comprehend the exploitation of rights of undertrial prisoners.

1.3 Research questions

1. Whether the inhuman act or torture against under trail prisoners in India is violative of human

right.

2 .Whether the delay in trail of an under trail prisoner is violation of his fundamental right?

3. Whether the mechanisms of the criminal justice system are providing any benefit to under trail

prisoner.

1.4 HYPOTHESIS

To realize the aim and objective of the present study, the following hypothesis has been framed

1. A person whether in prison or not he always entitled to basic human right.

2. The current prison system and legal frame work in India does not provide adequate protection

for the protection human right of prisoner.

3. Though various right were granted to prisoners, in reality, they do not reach the prisoners as

many of them do not know their right.

1.5 RESEARCH METHODOLOGY

In prosecuting this study the researcher have adopted doctrinal method. Data has been

collected from both primary and secondary sources. The researcher gathered primary data

from statutes and secondary data from various articles, reviewed articles of research paper

and books.

1.6 SCOPE AND LIMITATION OF THE STUDY

The present research paper deal with the human right of the undertrial prisoners in the criminal justice system in India. The scope of the subject is wide and coverage is extensive. The conclusions tend to be somewhat general and therefore, must be viewed with caution. The researcher mainly concentrated on the socio-legal aspects of the problem, and the study therefore may not purport to be whole and a complete study. However, the researcher left no stone unturned in his effort to gather facts and information necessary for the study. The present study is aimed to collect.information through both primary and secondary sources with regard to protection of human right of prisoners and creating awareness among them.

1.7 Literature review

1. Book title :"India's Human Rights:

Author : Harsh Sethi (2007)

This book aims to provide a comprehensive understanding of the human rights situation in India.

The book likely delves into various aspects such as historical context, social dynamics, legal

framework, and contemporary issues surrounding human rights in India. It may analyze specific

cases, policies, and challenges faced by marginalized communities, as well as explore the role of

institutions, activists, and the government in promoting and protecting human rights. Overall, the

objective is to shed light on the complex landscape of human rights in India and provoke critical

thinking and discourse on the subject.

2.Book title:"Human Rights in India: Historical, Social, and Political Perspectives"

Author :Subrata Sankar Bagchi (2006)

In this book author focus to analyze how societal structures, cultural norms, and demographic

factors influence the realization of human rights for different segments of the Indian population,

including marginalized groups. And To investigate the role of state institutions, government

policies, and political actors in upholding or violating human rights standards, including the

challenges and opportunities for human rights advocacy within the political landscape of India.

3. Book title "Human Rights in India: Historical, Social, and Political Perspectives"

Author :Amartya Sen (2000)

This book aim to provide a comprehensive analysis of the historical, social, and political factors

shaping the human rights landscape in India. Sen likely aims to examine the challenges, progress,Page 

and complexities surrounding human rights in India, offering insights into its evolution and

contemporary issues.

4. "Human Rights in India: Issues and Perspectives"

Author : S. M. Vijayanand (2006)

In this book author is likely to provide a nuanced examination of the contemporary human rights

issues in India from various perspectives. The book may aim to shed light on specific challenges,

debates, and developments related to human rights within the Indian context, offering insights into

both the complexities and potential solutions surrounding these issues.

5. "The Indian Criminal Justice System"

Author:N.R. Madhava Menon (2002)

In this book author aims to provide a comprehensive analysis and critique of the criminal justice

system in India. The book may aim to examine the structure, functioning, strengths, weaknesses,

and reforms needed within the Indian criminal justice system. It likely seeks to offer insights and

recommendations for improving the efficiency, fairness, and effectiveness of the system in

addressing crime and ensuring justice.

6. "Criminal Justice India Series: Vol 1 - Investigation of Crime"

Author :K. I. Vibhute (2017)

to provide an in-depth exploration of the process and practices involved in the investigation of

crime within the Indian context. The book may aim to analyze various aspects of criminal

investigation, including techniques, procedures, legal frameworks, challenges, and emerging

trends. It likely seeks to offer guidance to law enforcement professionals, policymakers, and

scholars interested in enhancing the effectiveness and fairness of criminal investigations in India.

7."Prisoners' Rights in India: A Socio-Legal Perspective"

Author:Smita Chakraburtty (2012)

This book aim to provide an in-depth examination of the socio-legal landscape surrounding practical implementation of prisoners' rights within the Indian context. It likely seeks to highlight

the challenges faced by prisoners, advocate for their rights and dignity, and propose

recommendations for reforms aimed at improving their treatment, rehabilitation, and reintegration

into society.

8. Prisoners' Rights in India: An Analytical Overview"

Author:M. R. Khanna (2004)

This book is to provide a detailed analysis of the legal framework, challenges, and issues

surrounding prisoners' rights in India. The book may aim to critically examine the constitutional

provisions, judicial decisions, and policies related to prisoners' rights, offering insights into the

gaps between legal principles and their implementation in practice. Additionally, it might explore

the socio-economic factors influencing prisoners' rights and propose recommendations for legal

reforms and improvements in prison conditions.

9. "Rights of Prisoners in India: The Law and Practice"

Author:K. I. Vibhute (2018)

is likely to provide a comprehensive examination of the legal framework governing the rights of

prisoners in India, coupled with insights into their practical implementation. The book aim to

analyze relevant laws, court judgments, and administrative practices concerning prisoners' rights,

offering clarity on their entitlements and protections under Indian law. Additionally, it explore the

challenges and obstacles faced by prisoners in asserting their rights, along with recommendations

for legal reforms and improved practices to uphold their dignity and ensure fair treatment within

the prison system.

10. "Prisoners' Rights in India: A Legal and Human Rights Perspective"

Author:Kumaravel Rajagopalan (2016)

The book aim to examine the intersection of domestic laws, international human rights standards,

and the practical realities faced by prisoners in India. It seek to highlight the challenges, abuses,

and deficiencies within the Indian prison system, while also advocating for reforms to better

protect and uphold the rights and dignity of prisoners. Additionally, the book offer insights into.

SCHEME OF STUDY:

CHAPTER I: Introduction

The first chapter may consist of background and position of prisoners in India, their problems,

scope and significance of study Statement of the research problem, deals with the review of

literature in general and also with specific reference to under trail prisoner. It discusses the various

theoretical strands-Objectives of the study-Hypothesis-Research Design and Methodology-

Relevance of the Study-Chapter Scheme and Brief outline of the study.

CHAPTER II: Human right and prisoners

The Second chapter discuss about the origin of human right and briefly describe define and

describe importance, objective of human right. This chapter also talks about the prison and prisoner

and define them.

CHAPTER III: Prisoner’s Rights: National and International Perspectives

Third chapter may consist of meaning nature and rights of prisoners in general as well as it may

deal with national legislations and constitutional perspectives and international conventions

treaties and protections provided for the protection of rights of prisoners.

CHAPTER IV: Under trail prisoners and criminal justice system

Fourth chapter deals with criminal justice system in India and its various component, it also deal

with the various problem faced by the under trail prisoner and their solution like free legal aid and

speedy trial.

CHAPTER V: Role of Supreme Court on Rights of Prisoners in India

Third chapter may consists of rights provided for prisoners as well as other legislative provisions

specifically providing rights of prisoners in India and also mainly concentrate on role of judiciary

in implementing rights of prisoners by study of different cases..

CHAPTER VI: Conclusion and Suggestions

The last chapter includes suggestions drawn from the study conducted, on the basis of information

gathered and analysis made on the subject matter and deals In the findings of the case studies,

giving a historical background and then describing the process of implementation of rights with

special reference to human right under trail prisoners.