Dinesh Singh Chauhan
“Every Saint Has A Past; Every Sinner Has A Future” – Oscar Wilde
The word ‘Prison’ doesn’t mean “to use sudden force” or “to cage”. The Prison is an old age foundation. Prison is a place, properly arranged for those culprits through legal process are kept for safe custody while in trial or for punishment. Initially, it was just a place where offenders are kept for trials and ultimate punishment, but their occurred an intermediate point-imprisonment was regarded in itself. Lord Macaulay in his book “Minutes of 1835” said that -“Imprisonment is the punishment to which we must chiefly trust”. He was the one who put the idea for the idea for the establishment of such rules and regulations, whose main aim was to destroy criminal streak among convicted offenders.
In India, prisons are governed by State laws framed under a Century Old Parent Legislation, the Prisons Act of 1894. This lacking of rights based approach in the statutory law on prisons is remedied by the Courts through recognition of ‘Rights of Prisoners’ in their judicial pronouncements. Merely changing the nomenclature of prisons to ‘Correction Homes’, as the Supreme Court of India has said, “will not resolve the problem.”
Prisoners are also entitled to rights to some extent as a normal human being when they are behind the prison. These rights are provided under the Constitution of India, the Prisons Act, 1894 etc.
Prisoner’s Rights under the Constitution of India
Constitution of India does not expressly provide the provisions related to the prisoners’ rights but in the case of [“T.V. Vatheeswaran Vs State of Tamil Nadu” 1983 (2) SCC 68], it was held that the Articles 14, 19 & 21 are available to the prisoners as well as freemen. Prison walls do not keep out fundamental rights.
* Right To Free Legal Aid
Though the Right to Legal Aid is not something explicitly defined by Constitution of India, the legal executives often display kindness towards detainees who cannot afford it or simply connect with the legal counsellor voluntarily. Free Legal Aid is included by the 42nd Amendment Act, 1976, as one of the Directive Principles of State Policy under Article 39-A of the Constitution. Although it is the most significant and direct Article of the Constitution, which discusses Free Legal aid, this Article is not exactly enforceable by Courts. Still, these guidelines are central to administering appropriate legislation. Article 37 of the Constitution directs the State to apply these standards.
In contrast, Article 38 of the Constitution prescribes advancing Government assistance of individuals by ensuring and securing a social order wherein equity, social, monetary, and political, will illuminate all the establishments and national legislation. The Parliament passed the Legal Services Authorities Act, 1987 under which legitimate Aid is provided for, while different State Governments have set up lawful advisory boards and plans for Free Legal Aid and unforeseen issues to give effect to the Constitutional command of Article 39-A. Under the Indian Human Rights law, legal Aid is of great importance, and it is not only accessible in criminal cases but is additionally offered in standard, income, and regulatory matters.
* Right To Speedy Trial
The ‘Speedy Trial’ is an essential feature of fair trial as adage; Justice hurried is Justice worried. Thus there is need to strike balance between right of the accused to have a speedy trial and right of the prosecution to fair opportunity to establish guilt of accused. The concept of ‘right to speedy’ trial flows from Article 21 of the Constitution.
* Right Against Cruel & Unusual Punishment
Human rights are part and parcel of Human Dignity. The SC in catena of Judgments has taken serious note of the inhuman treatment on prisoners and issued appropriate directions to the prison and police authorities for safeguarding the rights of the prisoners and the persons in lock-ups. The treatment to a human being which offends human dignity, imposes avoidable torture and reduces the man to the level of a beast would certainly be arbitrary and can be questioned under Article 14 of the Constitution.
Right To Fair Trial
The golden rule that runs through the web of civilized criminal jurisprudence is that an accused is presumed innocent until proved guilty of the charged offence. Presumption of innocence is a human right recognized as such under Article 14 (2) on the International Covenant on Civil & Political Rights 1966. Article 11 (1) of the Universal Declaration of Human Rights 1948, also provides that any person charged with penal offences has a right to be presumed innocent until proved guilty according to law in public trial in which he/she has all the guarantees necessary for hi/her defence.
It would not be an exaggeration if it is stated that a ‘Fair Trial’ is the heart of criminal jurisprudence and, in a way, an important facet of a democratic polity that is governed by Rule of Law. Denial of ‘Fair Trial’ is crucifixion of Human Rights.
* Right To Live With Human Dignity
The right of a human being to live with dignity is protected by the Constitution of India. This right is also given to the prisoners as their mere conviction does not render them inhuman. This right forms a significant part of ‘right to life’ guaranteed under the Constitution of India. The idea behind is that every person’s life is precious and irrespective of the circumstances, he/she should be given a sense of dignity to help him/her continue living. The Courts have enlarged the scope of Article 21 of the Constitution to include this right. Its occurrence could be noted in many cases. Some of them are enumerated below:
Apart from these rights of prisoners Constitution of India also provides following rights to the prisoners:
* Right To Meet Friends & Consult Lawyer
The horizon of Human Rights is expanding and the Prisoner’s rights have been recognized not only to protect them from physical discomfort and torture, but also to save them from mental torture. The right to have interview with the member’s of one’s family and friends is clearly part of the Personal Liberty enshrined in Article 21.
* Rights Against Solitary Confinement, Handcuffing & Bar Fetters and Protection From Torture;
“Solitary Confinement”, according to Black’s Law Dictionary, in general sense, means the separate confinement of a prisoner, with only occasional access of any other person, and that too only at the discretion of the Jail authorities and in stricter sense, it means the complete isolation of a prisoners from all human society and his/her confinement in a cell is arranged that he/she has so no direct intercourse with or sight of no human being or no employment or instruction.
Right To Reasonable Wages In Prison
Whenever during the imprisonment, the prisoners are made to work in the prison, they must be paid at the reasonable rate. The wage rate should not trival or below minimum wages. The Supreme Court directed the State to take into account this factor, while finalizing the rules for payment of wages to prisoners as well as to give retrospective effect to wage policy.
Conclusion
Prisoners are some of the worst victims of the violation of fundamental rights. The Supreme Court has reiterated the Principle “imprisonment does not spell farewell to fundamental rights.” Thus the Supreme Court has cordially declared that for a prisoner the fundamental rights are enforceable reality, though restricted by the fact of imprisonment. Being a prisoner he/she does not cease to be a human being, natural person or legal person. Conviction for a crime does not reduce the person into a non person, whose rights are subject to the whim of the prison administration and therefore, the imposition of any major punishment within the prison system is conditional upon the absence of procedural safeguards.
(The author is Advocate High Court of Judicature, J&K, Jammu)
Follow our WhatsApp channel