R IGHT OF PRISONERS

     

                                                            

   RIGHT OF PRISONERS

 

INTRODUCTION

 

The word "prisoner" means - a person who is kept under custody in jail or prison because that person has committed an act prohibited by law. A prisoner also known as a convict, who against their will is disadvantaged of liberty. This liberty can be deprived by forceful restrain\ prevent or confinement. The rights of prisoners deal with the rights of the convicts while behind bars. As they have basic legal rights that can't be taken away from them. The basic rights include right to food and water, right to have a counselor to defend himself, protection from abuse, violence and racial harassment.

 

The conviction of a human does not make him non-human. They still remains a human and they should be treated like one. They should be given the basic human rights applicable to every man walking on the earth. But at the very same time, they should not be treated as a free man with all absolute rights and richness. Their freedom should be subject to certain reductions and legal restrictions. These restrictions must be reasonable.

 

Prisoners are also entitled to rights to some level as a normal human being when they are behind the bars. These rights are given under the Constitution of India, the Prisons Act, 1894 etc. Prisoners does have some rights and do not lose their basic constitutional rights.

 

RIGHT TO PRIVACY

The Right to Privacy is one of the very basic right available to the citizens of India. They form a natural part of Right to Life and Personal Liberty under Article 21of Constitution of India. They have also applicable to the prisoners and convicts through various judgements passed by courts over the years.

The concept of right to privacy has progress over the years. In recent time, its scope has been widened to benefit people in the most possible way. A distinction between physical privacy and mental privacy is also being drawn. 

 

Right to Privacy of prisoners and their spouses

The right to privacy and dignity of the prisoners should be carefully safeguarded. It is also important that the conversation between the prisoner and his spouse should go unsupervised.

 

Rahmath Nisha v. Additional Director General of Prisoner and Others,  28 May, 2019

The court stated that when a prisoner is meets with his wife, he might like to hold her the hands of his partner. It’s natural that his emotions would find physical expression.

 

RIGHT TO A SPEEDY TRIAL

It is very well said that justice delayed is justice denied.

Every prisoner has a right to a speedy trial whatsoever the crime he is convicted of. Speedy trial is considered as an essential part of the criminal justice delivery system. A accused person, must be subject to speedy trials so as to punish him from the crime he committed or discharge him from it, if not proven guilty. No one should be subject to long, pending and uneventful trial as it not only violates the rights of an individual but is considered to be the veto of justice altogether. The right to a speedy trial, therefore, has become a universally recognized human right.

 

RIGHT TO LEGAL AID

Legal assistance plays a significant part in the life of an accused pending trial or any prisoner for that matter. The State should keep this article (directive principles) in mind while framing rules and regulations for prisoners, criminals.

Justice Krishna Iyer declared that “Right to free legal aid is the State’s duty and not Government’s charity”.

 

 RIGHT AGAINST INHUMAN TREATMENT

Every prisoner should be protected against any type of cruel or inhuman treatment. The Supreme Court of India in many cases has highlighted the bad treatments faced by prisoners and directed state and prison authorities to check and regulate the same. The court has also prohibited the use of instruments such as handcuffs, chains, irons in punishing the prisoners.