Rights of prisoners under Indian laws

Name: SONIYA TALREJA
College: Indore Institute of Law Affiliated to DAVV University
Course: BALLB ( Hons ) 2nd year

Introduction:

The Constitution of India ensures that every person is treated equally under the law or provided with equal legal protection while in India. This also applies to prisoners, who are guaranteed certain rights and should be treated as individuals. Indian courts, including the Supreme Court, acknowledge the fundamental rights of prisoners in India.
The Supreme Court has emphasized that regardless of the circumstances that led a person to commit a crime, prisoners must be treated with respect and provided with basic human rights, dignity, and compassion.
Mahatma Gandhi once said, “Crime is the result of a troubled mind and prisons should provide an environment for treatment and care.”
In the case of State of A.P. Vs. Challa Ramkrishna Reddy & Ors. (2000) 5 SCC 712, the Supreme Court ruled that prisoners retain all their fundamental rights unless their liberty has been constitutionally restricted.

Who is a Prisoner?

Now, let’s define who a prisoner is according to the Model Prison Manual 2016. A prisoner is anyone confined in a prison under the authority of a competent body. In simpler terms, a prisoner is held in jail or prison because they have committed an act prohibited by the law of the country.
In India, the terms “prison” and “jail” are used interchangeably and both convicted individuals and those awaiting trial are commonly referred to as prisoners.

Rights of Prisoners in India under the Prisons Act, 1894

The Prisons Act 1894 marked the first legal framework for regulating prisons in India. This act outlines provisions aimed at ensuring the welfare and protection of prisoners, including both convicts and undertrials. Here are some of the key rights granted to prisoners under this act:

Right to Adequate Accommodation (Section 4)

Prisoners have the right to receive accommodation that complies with the standards outlined in the Prisons Act of 1894. The Model Prison Manual of 2016 also emphasizes that living conditions in every prison should uphold human dignity, covering aspects such as accommodation, hygiene, sanitation, food, clothing, and medical facilities.

Right to Shelter and Safe Custody for Excess Prisoners (Section 7)

If any prison becomes overcrowded and it’s impractical to transfer the excess number of prisoners to other facilities, temporary prisons should be arranged to provide shelter and safe custody. This is especially crucial during outbreaks of epidemic diseases within a prison.

Every prisoner is entitled to be examined by a qualified Medical Officer. The Medical Officer should record the prisoner’s health status, any wounds or marks on their body, their fitness for specific labor (if sentenced to rigorous imprisonment), and any relevant observations. These records are maintained in a book kept by the Jailer (Section 24(2)).
Female prisoners have the right to be examined by a lady matron, as per the special or general orders of the Medical Officer (Section 24(3)).
Prisoners cannot be transferred from one prison to another unless the Medical Officer certifies that they are free from any illness that would make the transfer unsafe (Section 26(2)).
Prisoners cannot be discharged from prison against their will until the Medical Officer deems such a discharge to be safe (Section 26(3)).

Maintenance of Prisoners from Private Sources (Section 31)

Civil prisoners and undertrial criminal prisoners have the right to sustain themselves by purchasing or receiving food, clothing, bedding, and other necessities from private sources during appropriate hours. This is subject to examination and rules approved by the Inspector General.

Solitary Confinement (Section 29)

Solitary confinement cells must be equipped to enable prisoners to communicate with a prison officer at any time. Prisoners in solitary confinement for more than twenty-four hours, whether as a punishment or otherwise, must be visited by the Medical Officer or Medical Subordinate at least once a day.

Supply of Clothing and Bedding to Civil Prisoners and Undertrials (Section 33(1))

Every civil prisoner and under-trial who cannot provide themselves with sufficient clothing and bedding shall receive necessary clothing and bedding from the Superintendent.

Employment of Criminal Prisoners (Section 35)

Prisoners sentenced to rigorous imprisonment may engage in manual labor for more than nine hours in emergencies with written approval from the Superintendent.
The Medical Officer should assess prisoners while they work, record their respective weights on each prisoner’s history ticket, and ensure they have adequate rest.
If the Medical Officer believes a prisoner’s health is deteriorating due to a specific job, that prisoner should be reassigned to a more suitable task as determined by the Medical Officer.

Provision of Hospitals (Section 39)

Each prison must have a hospital or an appropriate facility for the care of sick prisoners.
Right of Access to Law

The right to effective access to information and all legal provisions that regulate conditions of detention.
The right to consult or be represented by a legal practitioner of the prisoner’s choice.
The right to access agencies such as State Legal Aid Boards or similar organizations providing legal services.
The right to be informed upon admission about legal rights related to appeal, revision, and review, both for conviction and sentencing.
The right to receive all necessary court documents to file an appeal, revision, or sentence review.
The right to present individual complaints and grievances effectively to the relevant authorities during imprisonment.
The right to communicate with the prison administration, the appropriate government, and judicial authorities to address violations of prisoners’ rights and grievances.

Visits for Civil and Undertrial Prisoners (Section 40)

Both convicts and undertrial prisoners have the right to meet with individuals they wish to communicate with while in prison, during proper times, and under reasonable restrictions.
Undertrial prisoners may be allowed to meet their duly qualified legal advisors in private, without the presence of any other individuals, in the interests of justice.
Rights of Prisoners in India Identified by the All India Committee on Jail Reforms, 1980
The Mulla Committee highlighted several important rights for prisoners, emphasizing their dignity and humane treatment within the prison system. Here are the key rights:

Right to Human Dignity

The right to be treated as a human being and as a person, as mandated by the Supreme Court of India, which has explicitly stated that prisoners should not be treated as non-persons.
The right to bodily integrity, safeguarding against the use of physical abuse or violence, whether by custodial staff or fellow prisoners.
The right to mental integrity, protecting against aggression, whether from staff or other inmates.
The right to retain fundamental rights guaranteed by the Indian Constitution, except as permitted by law that prescribes conditions of confinement.

Right to Basic Minimum Needs

The right to have basic needs fulfilled, including adequate nutrition, health care, access to clean drinking water, clean and hygienic living conditions, sanitation, personal hygiene, sufficient clothing, bedding, and other essential items.

Rights of the Prisoners in India under the Constitution

The Constitution of India safeguards the fundamental rights of all prisoners. The Hon’ble Supreme Court, in the case of State of A.P. Vs. Challa Ramkrishna Reddy & Ors. (2000) 5 SCC 712, affirmed that a prisoner, whether a convict or an undertrial, does not lose their status as a human being and retains the fundamental rights guaranteed by the Constitution of India, including the right to life.
Articles 14, 19, and 21 of the Indian Constitution bestow fundamental rights on every Indian citizen and these rights extend to prisoners as well. The Hon’ble Supreme Court, in the case of T.V. Vatheeswaran v. State of Tamil Nadu (1983) 2 SCC 68, emphasized that fundamental rights under Articles 14, 19, and 21 of the Constitution apply to both prisoners and those who are not incarcerated.

Article 14 of the Constitution

Prisoners are entitled to basic human rights, including access to nutritious food, just like any other citizen. Article 14 of the Constitution guarantees equality before the law and the equal protection of the law, ensuring that all individuals should be treated equally.
Article 19 of the Constitution
Article 19 of the Constitution provides various freedoms for citizens, including:

Freedom of speech and expression
The right to assemble peaceably and without arms
The right to form associations or unions
The right to move freely throughout the territory of India
The right to reside and settle in any part of the territory of India
The right to practice any profession or carry on any occupation, trade or business
However, prisoners can exercise only two of these freedoms:
The right to freedom of speech and expression (Article 19(1)(a))
The right to become a member of an association (Article 19(1)(c))
These rights ensure that prisoners are not deprived of their basic freedoms and legal protections, even while serving their sentences.

Article 21 of the Constitution

Article 21 of the Indian Constitution is a fundamental right that plays a pivotal role in protecting individual rights. It states that “no person shall be deprived of his life or personal liberty except according to the procedure established by law.” This article encompasses two fundamental aspects of rights:
Right to Life: Article 21 guarantees every person’s right to life, which is a fundamental and inherent human right. It protects individuals from arbitrary actions or decisions that could result in the loss of life. This right implies not only the right to physical existence but also the right to live with human dignity. It restricts the state’s power to take life except in accordance with a lawful and just process.
Right to Personal Liberty: Article 21 also safeguards an individual’s right to personal liberty. It ensures that a person’s freedom and physical autonomy cannot be arbitrarily curtailed by the state or any other authority. This includes protection against unlawful arrest, detention, or imprisonment. Personal liberty is a fundamental aspect of a person’s freedom and dignity and Article 21 ensures its preservation.

Conclusion

The rights of prisoners in India are enshrined in both the Constitution and the Code of Criminal Procedure. These rights include the right to be treated with dignity, access to legal representation, a speedy trial, medical examination to prevent torture, and the right to be present during trial proceedings.
Additionally, prisoners have the right to be informed about the grounds of their arrest, access to bail, and to be released on probation for good conduct. The principle of bail over jail is emphasized, especially for indigent or poor prisoners. These rights of prisoners safeguard the fundamental principles of justice, fairness, and human rights, ensuring that even individuals in custody are treated with respect and due process under the law.