Prisoners are also entitled to rights to some extent as a normal human being when they are behind the prison. These rights are provided under the Constitution of India, the Prisons Act, 1894 etc. Prisoners are persons and have some rights and do not lose their basic constitutional rights. In the case of State of A.P. v. Challa Ramkrishna Reddy,[1] 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. Even a person is convicted and deprived of his liberty in accordance with the procedure established by law; a prisoner still retains the residue of constitutional rights.[2]
Prisoner’s Rights under the Constitution of India
Constitution of India does not expressly provide the provisions related to the prisoners’ rights but in the case of T.V. Vatheeswaran v. State of Tamil Nadu,[3] 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.
Article 14 of the Constitution of India says that the State shall not deny to any person equality before law or the equal protection of laws within the territory of India. Thus Article 14 contemplated that like should be treated alike, and also provided the concept of reasonable classification. This article is very useful guide and basis for the prison authorities to determine various categories of prisoners and their classifications with the object of reformation.[4]
Article 19 of the Constitution of India guarantees six freedoms to the all citizens of India. Among these freedoms certain freedoms cannot enjoyed by the prisoners because of the very nature of these freedoms. But the “freedom of speech and expression”[5] and “freedom to become member of an association”[6]
Article 21 of the Constitution of India says that No person shall be deprived of his life or personal liberty except according to procedure established by law. This Article stipulates two concepts i.e., right to life and principle of liberty. By Article 21 of the Indian Constitution it is clear that it is available not only for free people but also to those people behind the prison. Following are the rights of prisoners which are implicitly provided under the Article 21 of the Constitution of India:-
- Right of inmates of protective homes,[7]
- Right to free legal aid,[8]
- Right to speedy trial,[9]
- Right against cruel and unusual punishment,[10]
- Right to fair trial,[11]
- Right against custodial violence and death in police lock-ups or encounters,[12]
- Right to live with human dignity,[13]
Apart from these rights of prisoners Constitution of India also provides following rights to the prisoners:-
- Right to meet friends and consult lawyer,[14]
- Rights against solitary confinement, handcuffing & bar fetters and protection from torture,[15]
- Right to reasonable wages in prison.[16]
Prisoner’s Rights under the Prisons Act, 1894
Prisons Act, of 1894 is the first legislation regarding prison regulation in India. This Act mainly focus on reformation of prisoners in connection with the rights of prisoners. Following Sections of the Prisons Act, 1894 are related with the reformation of prisoners:-
- Accommodation and sanitary conditions for prisoners,[17]
- Provision for the shelter and safe custody of the excess number of prisoners who cannot be safely kept in any prison,[18]
- Provisions relating to the examination of prisoners by qualified Medical Officer,[19]
- Provisions relating to separation of prisoners, containing female and male prisoners, civil and criminal prisoners and convicted and undertrial prisoners,[20]
- Provisions relating to treatment of undertrials, civil prisoners, parole and temporary release of prisoners.[21]
In the year of 2016 the Parliament has been passed the Prisons (Amendment) Bill, 2016 to amend the Prisons Act, 1894 with a view to provide protection and welfare of the prisoners.
Conclusion
It can be said that the prisoners are also entitled to all his fundamental rights while they are behind the prisons. Indian Constitution does not expressly provides for the prisoners’ rights but Articles 14, 19 and 21 implicitly guaranteed the prisoners’ rights and the provisions of the Prisons Act, 1894 contains the provisions for the welfare and protection of prisoners. The Court has ruled that it can intervene with prison administration when constitutional rights or statutory prescriptions are transgressed to the injury of the prisoner. Supreme Court in many cases held that prisoner is a human being, a natural person and also a legal person. Being a prisoner he does not cease to be a human being, natural person or legal person. Conviction for a crime does not reduce the person into a non person, whose rights are subject to the whim of the prison administration and therefore, the imposition of any major punishment within the prison system is conditional upon the absence of procedural safeguards.
Endnotes
[1] (2000) 5 SCC 712: AIR 2000 SC 2083.
[2] Jain M.P., “Indian Constitutional Law”, 5th Edition, Vol. 1, Wadhwa and Company, Nagpur, 2003, p.1295.
[3] AIR 1983 SC 361 : (1983) 2 SCC 68.
[4] Chowdhury Roy Nitai, “Indian Prison Laws and Correction of Prisoners”, Deep and Deep Publications, New Delhi, 2002, p.75.
[5] Article 19(1)(a) of the Constitution of India.
[6] Article 19(1)(c) of the Constitution of India.
[7] Upendra Baxi v. State of U.P., (1983) 2 SCC 308.
[8] M.H. Hoskot v. State of Maharashtra, (1978) 3 SCC 544.
[9] Hussainara Khatoon v. State of Bihar, (1980) 1 SCC 81.
[10] Jagmohan Singh v. State of U.P., AIR 1973 SC 947.
[11] Rattiram v. State of M.P., (2012) 4 SCC 516.
[12] D.K. Basu v. State of W.B., (1997) 1 SCC 416.
[13] Jeeja Ghosh v. Union of India, (2016) 7 SCC 761.
[14] Sunil Batra v. Delhi Administration, AIR 1980 SC 1579.
[15] Prem Shankar Shukla v. Delhi Administration, AIR 1980 SC 1535.
[16] People’s Union for Democratic Rights v. Union of India, AIR 1982 SC 1473.
[17] Section 4 of the Prisons Act, 1894.
[18] Section 7 of the Prisons Act, 1894.
[19] Section 24(2) of the Prisons Act, 1894.
[20] Section 27 of the Prisons Act, 1894.
[21] Sections 31 and 35 of the Prisons Act, 1894.
