Abstract

The effective functioning of the criminal justice system relies heavily on prison management. Through the jail manuals, states have the main duty and power to bring about reforms in the prison system. The lives of inmates are primarily controlled by the decision-making powers of the Superintendent of Jails, which are based on jail manuals and the Prisons Act of 1849. Whether such abilities are uncontrolled or not is an open question. The sole avenue for remedy is via the courts, either through writ petitions or breaches of basic rights. However, the purpose of this study is to determine if the broad range of powers granted and the lack of accountability created are arbitrary. The role of the government and judiciary in protecting the basic rights of prisoners is the subject of this article. It also seeks to demonstrate that when it comes to powers, accountability should be created not just via the court, but also through the executive branch.

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