HUMAN RIGHTS OF A PRISONER IN INDIA

Abstract

The Constitution of India is drafted in such a way that it protects the basic rights of every individual or citizen of India. Indian Constitution does not make criminal a non-human just on the basis that he has committed some crime; it always believes that a criminal who is in prison can be changed with the time. Article 21 of the Indian Constitution provides the right of speedy trail and liberty of the prisoners to live their lives as well. The apex court of India has also well recognized the rights of prisoners and has devised rules and regulations towards the right to life and personal liberty of a prisoner. The apex court has issued some guidelines for the rights of prisoners in D.K. Basu vs. State of West Bengal1 this is the landmark case in the matters of the rights of prisoner. In our country India the rights of prisoners are also very important because in India around 80% of total prisoners are prisoners who are under trial i.e. who have not been convicted yet, so it becomes very important to protect their interest and to give them their right to life and personal liberty.

References

1. Constitution of India, 1950.
2. Code of Criminal Procedure, 1973
3. National Human Rights Commissions Annual Report 2021-22.
4. Prof. R.K. Gupta & Karam Singh, Human Rights of prisoners in India, retrieved fromhttp://www.onlinejournal.in, accessed on 29-12-2022.
5. Harikumar Pallathadka, Role played by Indian Judiciary in Recognition, promotion and protection of rights of prisoner in India, retrieved from http://www.googlescholar.com , accessed on 26-12-2022.
6. Handbook of the Human Rights law in India by Dr. S.K. Kapoor.