Behind Bars and Beyond: Navigating the Terrain of Gender Justice in Indian Prison

Abstract

The research aims to compile data on the challenges faced by women in prison and the available legal remedies for their plight. To guarantee women prisoners' protection and provide a non-custodial degree of punishment, the Bangkok Rules was established in 2010 by the United Nations General Assembly. Overcrowding, inadequate sanitation and cleanliness, poor nutrition, a lack of education, violence, and the hazards of pregnancy and child care are merely some of the physical and mental difficulties that women confront in prisons in India. Women are safeguarded against exploitation and granted access to essentials by a multitude of laws, regulations, and standards. In reaction to human rights violations against such convicts, the Indian judiciary has vigorously interpreted Articles 19, 21, 22, 37, and 39 A of the Indian constitution. What options does a woman have when "caretakers" are turned into abusers? Their predicament is exacerbated by the prevailing state of prisons, gender bias, abuse while incarcerated, harsh treatment of children, inadequacy of fundamental human rights, and restricted availability of prison resources. The research envisages the pressing need for improvements by addressing women's rights, challenges, and variables in prison.