Human Rights of Prisoners

Introduction:

Everybody deserves basic human rights, even prisoners who are under trials or convicted of a crime. India is a democratic state and it has a responsibility of ensuring basic human rights to all its citizens. However, it has failed to provide any specific legislation or statutes for the protection of the prisoner’s rights. Prisoners are individuals who are physically confined and their right to exercise freedom and liberty are curbed to an extent. There is a persistent issue regarding the violation of prisoner’s right such has delay in trials, lack of funds to furnish bail, lack of medical aid, etc. The objective of a criminal justice system is not just punitive or deterrence but also reformative, prisoners are entitled to the right to life and human dignity.

The paper aims to critically analyse the legal and constitutional framework to safeguard the rights of the prisoners and the role of the judiciary in providing judicial and executive guidelines for the care and protection of prisoners. It will examine the available international instruments that work towards the development of human rights of prisoners and will provide a comparative analysis with the prevailing law of the country. In the end, it will offer solutions and recommendations to bring about the much-needed prison reforms and improve the status of prisoners in our country.

Constitutional and Statutory Rights of Prisoners

The fundamental rights guaranteed under the Indian constitution are available to all the citizens of the country, including those who are in conflict with the law. However, fundamental rights are not absolute and are subject to certain reasonable restrictions. A prisoner does not cease to be a human and cannot be treated as a slave or a bonded labourer. Following constitutional rights are available to the prisoners.

1. Article 14: it provides right to equality which includes both equality before law and equal protection of law to all persons.
2. Article 19: it provides a fundamental right to freedom that includes freedom of speech and expression, freedom to be a member of an association, etc. for the prisoners and can be considered as the limitations of prison laws.
3. Article 20: it provides protection to prisoners in two ways, firstly it prevents the person from being convicted twice for the same offence i.e., it prohibits double jeopardy. Secondly, it prevents the police authorities or prison authorities from compelling the person to be a witness against himself, i.e., it prohibits self -incrimination.
4. Article 21: it is one of the most important rights of a prisoner due to its wide scope. Several supreme court judgments have broadly interpreted the meaning of ‘life’ to include all the rights, such as; right to health, right to food, right to shelter, right to bail, right to a speedy trial, right to free legal aid, right against custodial violence or encounters, right to meet friends and family members, etc.
5. Article 22: it provides certain special safeguards for those who get detained under preventive detention laws. It provides that a detainee can be kept in custody for a  maximum period of 2 months without the permission of the Advisory Board.
6. Articles 72 and 161: it provides special powers to the President and the Governors of States, to grant pardon or mercy to the prisoners from the death sentence. [i]

The Prisons Act, 1894

This Act lays down the procedure for the management and administration of the prisons. It also provides certain statutory rights to the prisoners. Section 4 of the Prisons Act provides for accommodation and sanitary conditions for prisoners. Provisions for accommodation, safe custody, medical examination, sanitary conditions, segregation of prisoners, bedding, clothing, etc.[ii]

Role of Judiciary in Formulating Policies

Judiciary plays an important role in shaping the laws of the country. Hence, it has an obligation to make rules and regulations for the people who are in conflict with the law. the court has passed certain policies and judgments for the betterment of the prisoners

1. Right to speedy trial

This falls under the right to life and personal liberty of a prisoner provided in article 21 of the Constitution, which ensures just, fair and reasonable procedure. The speedy trial of offences is integral to the criminal justice system as an accused is presumed to be innocent until proven guilty. Hence, it is essential for the court to determine whether the accused is guilty or innocent as fast as possible. It is the duty of the court to ensure that justice is not delayed and the accused are not indefinitely harassed by the authorities. It is also important to note that a delay in the trial would itself constitute as a denial of justice as it is said: “justice delayed is justice denied”. It is further necessary to ensure speedy justice because in cases where the bail is refused, the accused does not have to stay in jail more than necessary. [iii]

• Right to proportionate sentencing

Judiciary has the responsibility of passing a sentence of imprisonment in proportion to the gravity of the offence. The court pronounces a judgment after carefully examining the facts and circumstances of every case. The court in some cases also reduces the sentence due to convict’s good behaviour while he was in jail.

In the case of Laxman Naskar (Life Convict) vs State of West Bengal and Another[iv], the Supreme Court issued certain conditions on the ground of which a convict can be released prematurely. The court would first consider if the offence is an individual act of crime that does not affect the society at large. Secondly, it will see if there is a future possibility of recurrence in committing the crime. Lastly, it will look at whether the convict has lost his potential of committing crime ever again.

 In the case of Zahid Hussein and Others vs State of West Bengal[v], the Supreme Court stated that the conduct of the prisoner/petitioner while in prison is an important factor to be considered, in order to assess their potentiality of committing a crime in the future.

Therefore, it is pertinent to award proportionate quantum of sentence with respect to the crime in order to ensure justice.

• Right to compensation

A prisoner, detainee or an under trial can move the court to claim compensation on the ground of violation of rights under police custody by filing an application under Article 32 of the Supreme Court or article 226 of the High Court.

In the case of Peoples’ Union of Democratic Rights Vs State of Bihar[vi], the Supreme Court increased compensation amount from Rs 10000 to Rs 20000. It was supposed to be paid to twenty-one people belonging to backward classes who had died while holding a peaceful meeting in the District of Gaya, Bihar due to indiscriminate firing by the police. Hence, 5000 had to be paid to each person who was injured. The Court held that payment of such compensation is a working principle that provides some convenience and relief to the dependants of the deceased. It does not in any manner absolve the liability of the wrong-doer.[vii]

International Conventions

The prisoners are protected by the rights provided by international conventions such as: –

• International Covenant on Civil and Political Rights (ICCPR)

It provides the right to life for every person by birth, whether he is a prisoner or a free man. Article 10 of the ICCPR, which is the most important article relating to prisoner treatment. It states that “all people deprived of their freedom are treated with humanity and with respect for the human person’s inherent dignity.”

• United Nations Minimum Rules for the Treatment of Prisoners

It lays down provisions relating to the basic human rights of the prisoners such as accommodation and food; exercise and sport; medical examination; segregation of prisoners, bedding and clothing; right to meet family and friends; protection of prisoners against double jeopardy etc.

• European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment

The Convention establishes the European Committee for Torture Prevention and Inhuman or Degrading Treatment or Punishment which can visit all custody places within their jurisdiction. Once a state government has been informed of the Committee’s intention to conduct a visit, it must allow access to the territory with the right to free travel without restriction, full information about the facility in question, unlimited access to the facility and free movement within it, the right to interview any person held in the facility. [viii]

Solutions and Recommendations

Every individual is entitled to basic human rights by birth and doesn’t simply lose it by committing an offence. These are certain solutions and recommendations to curb the violation of the rights of prisoners in the country.

• There is a need for sensitisation programs for the police and jail authorities to better train them in dealing with prisoners with care and protection.
• Priority needs to be placed on Reformation and rehabilitation rather than punitive measures such as harsh treatment and confinement.
• Construction of a greater number of prisons to reduce the overcrowding faced due to the lack of funds and resources.
• Prisoners should be segregated based on crimes, charges and punishment to reduce the crime rate and maintain the prison reform system.
• Committees should be set up to keep a track of all the resources that are used for the administration and management of the prison system and make a yearly report. They should further suggest on how to effectively utilise the funds and resources.[ix]

Conclusion

A prisoner is deprived of their freedom and liberty only by a procedure established by law. They are still entitled to all basic human rights and can exercise their fundamental rights with reasonable restrictions. The state has the responsibility to provide infrastructure and humane conditions for the rehabilitation of the prisoners. The judiciary has pronounced several measures and guidelines to protect the rights of the prisoners in our country. However, the primary issue is the lack of implementation of these corrective measures. There is a need for stricter rules regarding enforcement and implementation of the guidelines to improve the existing conditions of the prisoners. It is further necessary to spread awareness and information about the rights of the prisoners in order to prevent abuse of power by police or prison authorities.

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References:

[i] Jain, P. (2018). RIGHTS OF PRISONERS IN INDIA: A LEGAL ANALYSIS. Law Audience Journal, 1(2). Retrieved 30 July 2020, from https://www.lawaudience.com/rights-of-prisoners-in-india-a-legal-analysis/.

[ii] Sharma, V. (2018). Prisoners’ rights in India. Times of India Blog. Retrieved 30 July 2020, from https://timesofindia.indiatimes.com/blogs/lawtics/prisoners-rights-in-india/.

[iii] Jain, P. (2018). RIGHTS OF PRISONERS IN INDIA: A LEGAL ANALYSIS. Law Audience Journal, 1(2). Retrieved 30 July 2020, from https://www.lawaudience.com/rights-of-prisoners-in-india-a-legal-analysis/.

[iv] 2000 (7) SCC 626

[v] 2001 (3) SCC 750

[vi] 1975 Cri LJ 335

[vii] K. Gupta, R., & Singh, K. (2016). Human Rights of Prisoners in India. Imperial Journal Of Interdisciplinary Research, 2(11). Retrieved 30 July 2020, from http://www.onlinejournal.in.

[viii] Jain, P. (2018). RIGHTS OF PRISONERS IN INDIA: A LEGAL ANALYSIS. Law Audience Journal, 1(2). Retrieved 30 July 2020, from https://www.lawaudience.com/rights-of-prisoners-in-india-a-legal-analysis/.

[ix] ibid