Rights of Prisoners

Rights of Prisoners
RIGHTS OF PRISONERS IN INDIA-
CONSTITUTIONAL PROTECTION

The rights guaranteed in the part III of Indian Constitution are available to prisoners; because a prisoner is treated as a person in prison. But the following three freedoms are not available to them; Freedom of Movement; Freedom to Residence and to settle and Freedom of Profession. Apart from these basic rights constitution also provides other rights to the prisoners through various other provisions. Among them are:

1. Protection in respect of conviction for offences

2. Protection against arrest and detention in certain cases

3. protection of life and personal liberty

SPECIFIC ENACTMENTS IN RESPECT OF PRISONERS

The Prisons Act, 1894:

This act is the first legislation regarding prison regulation in India. The following are some of the important provisions regarding prisoner’s rights dealing with prison accommodation and separate areas based on gender, age or being convicts or under trial prisoners. It has also laid down provisions regarding the mental and physical health of the prisoners with their medical checkups and for treatment of under trials, civil prisoners, parole and temporary release of prisoners.

The Prisoners Act, 1990:

This act deal with the case where it is the duty of the government to send a prisoner detained, who is of unsound mind to a mental asylum for proper treatment, on an order of the court. And also any court which is a high court may in case in which it has recommended to government the granting of a free pardon to any prisoner, permit him to be at liberty on his own cognizance.

The Transfer of Prisoners Act, 1950:

This act was enacted for the transfer of prisoners from one state to another for rehabilitation or vocational training and from over-populated jails to less congested jails within the state.

The Prisoners (Attendance in Courts) ACT, 1955:

This Act contains provisions authorizing the removal of prisoners to a civil or criminal court for giving evidence or for answering to the charge of an offence.

Leading Case Laws

In the case of AIR 2000 SC 2083, it was held that a prisoner is entitled to all his fundamental rights unless his liberty has been constitutionally curtailed. The Supreme Court has emphasized that a prisoner, whether a convict, under-trial or detenu, does not cease to be a human being and, while lodged in jail, he enjoys all his fundamental rights guaranteed by the Constitution of India including the right to life guaranteed by the Constitution.

In the case of AIR 1983 SC 361, it was held that the Articles 14, 19 and 21 are available to the prisoners as well as freemen. Prison walls do not keep out fundamental rights.

In AIR 1978 SC 1675, the court held that the fact that a person is legally in prison does not prevent the use of Habeas Corpus to protect his other inherent rights.

In AIR 1979 SC 1377, Court adopted a dynamic and constructive role with regard prison reforms. Court apart from other things stressed on the improvements of the conditions of the prisons in India.

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