Rights of Prisoners in India

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 emphasised 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.”

Rights of Prisoners under the Indian Constitution

Right to Retroactive Law Protection, Limited Punishment, Double Jeopardy, and the Privilege Against Self-Incrimination (Article 20)

·        No conviction for any offense unless it violates the law in force at the time of the act.

·        Punishment cannot exceed the penalty applicable under the law at the time of the offense.

·        Prohibition of prosecuting and punishing a person for the same offense more than once (Double Jeopardy).

·        Right of the accused not to be compelled to testify against themselves.

Right to Life, Liberty, and Dignity under Article 21

Constitutional Safeguard: No deprivation of life and personal liberty without lawful justification

Sacred Right: Personal Liberty under Article 21 is a fundamental and cherished constitutional right

Inclusive Protection: Human dignity is inherent in personal liberty,encompassing protection against government-inflicted torture and assault.

Rights under Article 22

·        Right to be informed of grounds for arrest

·        Right to consult with a lawyer

·        Right to be produced before a magistrate within 24 hours

·        Right to release on bail, except in preventive detention cases

·        Establishment of 'Narcotic Commissioner'and 'Special Court' for certain offenses

·        Rights of persons detained preventively, including the right to be informed of grounds, legal representation, and presentation before an advisory board within three months.

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