Safeguarding Prisoners' Rights in India: Constitutional Perspective

Abstract

There are certain inalienable rights which are inherited to the human beings since birth no matter in which country he/she takes birth. These inalienable rights are regarded as the basic human rights of the human beings which include the right to food, shelter, water, defense and protection from torture, violence and so on. In India, these basic human rights are granted to the citizens of the nation in the form of Fundamental Rights and the Directive Principles of State Policy as provided under Part III and Part IV. There are three pillars on which the criminal justice system stands upright- the judiciary, police and the prison population. The paper focuses on the basic human rights of the prisoners, how their rights are abused as well as the remedies provided to them for the violation of their inalienable rights. Both in India and at the global level, protections are provided to the rights of the prisoners and it is ensured that no matter what crime they did, just and humane treatment and certain other human rights must never be taken away from them. Although the prisoners are unwanted elements of the society, yet the protection of their basic human rights is a constitutional duty. Safe environment and way of living is what every human being has a right to have.