(Rayat College Of Law , Ropar)
All citizenry are born independent, free and equal in dignity and rights. They're endowed justifiably and conscience and may act accordingly, living during a high spirit of affection and brotherhood. This paper talks about the rights of the prisoners in Indian prisons and their human rights that are to be protected by every country’s government . The rights of these prisoners are violated and they are also tortured there . Rights such as the right to food and water. Protection from torture, violence and racial harassment. Being able to urge in-tuned with an attorney to defend himself etc. This papers also covers the present scenario and data of the prisoners , the role of Indian judiciary in protecting the rights of the prisoners , also the fundamental rights of the prisoners and the welfare scheme for the prisoners .
Although the prisoners are the criminals but they are humans too. They must also be protected and should get all their rights . No body is allowed to take away their rights from them as they are by birth entitled to these rights.
What are Human Rights
Human rights are rights which are given by birth to all or any humans , irrelevant to our nationality, place of residence, sex, color, religion, language, the other status. We all have equal human rights with none quite discrimination on any grounds as these rights are fundamental to us because we are human.
International human rights law lays down a number of the obligations on Governments to act in certain ways or to refrain from certain acts and protect human rights and freedoms of people or groups in any country.
The principle applies to everyone in reference to all human rights and freedoms and it prohibits discrimination on the thought of an inventory of never-ending categories like sex, race, color and such other. The principle of non-discrimination is complemented by the principle of equality “All citizenry are born free and equal in dignity and rights.” Also, at the individual level, while we are entitled to our human rights, we should also respect the human rights of others.
Who are Prisoners
“In our world prisons are the place where the one that have committed any offence are kept, it's still an area where they're tortured .”
The word ‘prisoner’ means a private who is kept under custody in jail or prison because he/she committed an act prohibited by law of the land. A prisoner also mentioned as an inmate is anyone who, against their will, is bereft of liberty. This liberty are often deprived by forceful restrain or confinement.
By committing a criminal offense, a person doesn't change from human and still is endowed with all the aspects which demand him to be treated with human dignity and respect that a person's deserves.
Human rights are necessitated because of the rationale of human life. Being in civilized society organized with law and a system intrinsically, it's essential to make sure for each citizen a fairly dignified life. Albeit the person is confined or imprisoned because of his wrong, he's entitled to their rights unaffected by the punishment for wrongs, just because if a personal under trial or a convict, his rights can't be denied or removed.
PRISONERS HAVE BASIC LEGAL RIGHTS THAT CAN’T BE TAKEN AWAY FROM THEM. THESE INCLUDE:
The right to food and water.
Protection against torture, violence and racial harassment.
Being able to urge in-tuned with an attorney to defend himself.
Human Rights in India
Human rights are fundamentally provided to the human life. Human rights are rights to certain claims and freedoms for all citizen, everywhere the world. These rights ensure to form man free. Universalization of Rights with none distinction of any kind could even be a feature of human rights. These rights recognize the essential human needs and demands. Each and every country must ensure human rights of the citizens. The Human rights should find its place within the Constitution of each country.
In India human rights may be a problem thanks to its large size, its diversity, multiple religions and non secular beliefs ,its status as a developing country and a sovereign, secular, democratic republic. The Indian Constitution provides its citizens Fundamental rights, including freedom of faith. Clauses also provide for freedom of speech, separate executive and judiciary and freedom of movement within the country and abroad. India also has an independent judiciary and different bodies to see into the problems of human rights within the country .
It is the duty of each nation to make such laws and conditions that protect the essential Human rights of its citizens. These rights, which are called ‘Fundamental Rights’ form a crucial area of the Constitution of India.
The Constitution of India guarantees six Fundamental Rights to its citizens. The six Fundamental Rights as mentioned in our Constitution are, the right to Equality, the right to freedom, the right against Exploitation, the right to Freedom of faith, The Cultural and academic Rights and the right to Constitutional Remedies .
Human Rights of Indian Prisoners : Current Scenario and Violation
The practice of torture in prison has been widespread and predominant in India since outing of mind. Unchallenged and unrestricted, it's become a ‘normal’ and ‘legitimate’ practice everywhere. Under the name of investigating crimes, taking confessions and punishing these individuals by the enforcement agencies, torture is inflicted not only upon the accused but also on real petitioners, complainants or informants amounting to cruel, inhuman, barbaric and degrading treatment, grossly derogatory to the individual dignity of the human person. Torture is additionally inflicted on women within the sort of custodial rape, molestation and other forms of sexual torture.
Article 21 of the Constitution guarantees the proper of private liberty and also prohibits any inhuman, cruel or degrading treatment to a private whether he's a national or foreigner. Nobody shall be bereft of personal liberty except to the procedure established by law. This text also protects people for being retrospectively punished for activities which got a standing of crime after they committed the act.
The Hon’ble Supreme Court of India had occasion to affect the rights of prisoners in the case of Sunil Batra v. Delhi Administration. Therein decision, this Court gave a really obvious answer to the question whether prisoners are persons and whether or not they're entitled to fundamental rights while in custody, although there could even be a shrinkage within the basic rights. This is often what this Court had to mention during this regard.
The minimum freedom of movement, which a detainee is entitled to under Article 19, can't be hamper by the appliance of handcuffs, there are many other ways for ensuring security.
Article 14 gives the right to equality and equal protection also to the prisoners. If any excesses is committed on a prisoner by the police, it is taken into account as a violation of rights and it warrants the eye of the legislature and judiciary. The proper to satisfy friends, relatives and lawyers are provided under article 14 and article 21. Such rights are pretty reasonable and non-arbitrary. Even prison regulations recognize the proper of prisoners to possess interview with a legal adviser necessary, during a cheap manner. Right to free legal aid is additionally provided under this text 14 and 21.
ROLE PLAYED BY THE INDIAN JUDICIARY
The Indian Supreme Court has played a lively role with reference to right against violations in Indian jails and has within the tactic, recognized kind of rights of prisoners by interpreting Articles 21, 19, 22, 32, 37 and 39-A of the Constitution during a positive and humane way.
“Like you and me, prisoners also are citizen. Hence, all such rights except folks that are removed within the legitimate process of incarceration still remain with the prisoner. These include rights that are associated with the protection of basic human dignity also as those for the event of the prisoner into a way better person.”
If a personal commits any crime, it does not imply that by committing a criminal offense, he/she ceases to be a person's being which he/she are often bereft of those aspects of life which constitute human dignity.
Malpractices of the prison and violation of the most human rights like custodial deaths, physical violence/torture, police excess, degrading treatment, custodial rape, poor quality of food, lack f water system, poor health system support, not producing the prisoners to the court, unjustified prolonged incarceration, forced labor and other problems observed by the apex court have led to broad interpretation. Unfortunately, little has changed. There aren't any worthwhile reforms affecting the essential problems with relevance to prison administration in India.
Isuues of concern regarding prisoners in India
• 80% prisoners are under trials
• Delay in trial.
• Even though bail is granted, prisoners aren't released.
• Lack or insufficient provision of medical care to prisoners
• Callous and insensitive attitude of jail authorities
• Punishment administered by jail authorities not coherent with punishment given by court.
• Harsh mental and physical torture
• Lack of proper legal aid
• Corruption and other malpractices.
Solution to those problems.
A sentence of imprisonment constitutes only a deprivation of the essential right to liberty. Prison reforms are important to make sure that this principle is respected, the human rights of prisoners protected and their prospects for social reintegration increased, in compliance with relevant international standards and norms.
Prison torture altogether forms is banned by the 1948 Universal Declaration of Human Rights (UDHR), the 1949 Geneva Conventions (signed 1949), the American Convention on Human Rights (signed 1977), the International Covenant on Civil and Political Rights (signed 1977), and thus the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (signed 1988).
Prison authorities have a responsibility to make sure that the supervision and treatment of prisoners is in line with the rule of law, with reference to individuals’ human rights, which the number of imprisonment is employed to rearrange individuals for all times outside the prison following release. But often national legislation and rules concerning the management of prisons are outdated and in need of reform
Prison Welfare Schemes
Prison welfare schemes should be introduced in prisons all round the world so as that some productive work could be done by the prisoners and so as that they do not enjoys other nefarious activities while they're in jail and utilize their time in performing some erstwhile activity. The jail authorities should help the prisoners or inmates, to improve themselves so that they can live a much better life after their release. Such atmosphere should be provided by the jail authorities to the prisoners , that compels them to figure out to diverts their mind from other mischievous activities .
The prisoners should also participate in games and sports activities within the prison, as an example, sports fest is organized during winter sports festivals, which are popularly known within the jail as “Tihar Olympics”. Drug de-addiction centers are often opened in every prison so as that the substance abuse and white plague of the inmates are often curbed so as that they can live a better life after being released from the prison.
The days are gone when prisons were the place like hell where prisoners were put to pass their days in dark cells. The prisons are not any more the institutions designed to realize only the retributive and deterrent aspects of punishment. Prisons are new places now, where the inmates are put there not as a forgotten or forsaking members of the society but as citizenry who need to leave in to their surroundings also behaving as reformed persons. For a prisoner, the imprisonment itself is a punishment and thus, prisons are expected to be places for rehabilitation of the prisoners , not places where more punishment is added that results in the violation of their human rights.
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· Live law
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