Introduction

The constitution of India provides equality for each and every person before the law or equal protection of laws within the territory of India. A prisoner is also guaranteed certain rights, and every prisoner should be treated as a person. The court in India including Supreme Court, have recognized the basic rights of prisoners. The supreme court has held that “there could be several factors that lead a prisoner to commit a crime but nevertheless a prisoner is required to be treated as a human being entitled to all the basic human rights, human dignity and human sympathy.”

In case of State of A.P. Vs Challa Ramkrishna Reddy & Ors. (2002) 5 SCC 712

the Supreme court held that a prisoner is entitled to all his fundamental rights unless his liberty has been constitutionally curtailed.

Who is Prisoner

Prisoner is defined in the Model Prison Manual 2016 as any person confined in a prison under the order of a competent authority. It means that a prisoner is a person who is kept in jail or prison under custody because he or she has committed any act which is prohibited by the law of the land.

Prisoner’s Rights under the Prisons Act, 1894

The Prisons Act,  of 1894 is the first legislation regarding prison regulation in India. The provisions of the Prisons Act,1894 contain the provisions for the welfare and protection of prisoners.

Under this act, the prisoners have various rights.

1. Right to accommodation for prisoners (section 4)

The prisoners have the right to be provided accommodation constructed and maintained according to the provision of the Prisons Act, 1894.

2. Right to shelter and safe custody of the excess number of prisoners who cannot be safely kept in any prison (section 7)

If the number of prisoners in any prison is more than required and it is not convenient to transfer the excess number to some other prison, then shelter and safe custody should be provided in temporary prison to the prisoners.

Also if there is any outbreak of epidemic disease within any prison, prisoners should be provided temporary shelter and safe custody.

3. Examination of prisoners by qualified Medical Officer (section 24 and section 26)

a) Every prisoner shall be examined by the medical officer and he shall enter in a book, to be kept by the Jailer, a record of the state of the prisoner’s health, and of any wounds or marks on his person, the class of labor he is fit for if sentenced to rigorous imprisonment and any observations which the Medical Officer thinks fit to add. (section 24(2))

b) Female prisoners have the right to be examined by a lady matron under the special or general orders of the Medical Officer. (section 24 (3))

c) No prisoner shall be removed from one prison to another unless the Medical Officer certified that the prisoner is free from any illness rendering him unfit for removal. section 26(2).

d) No prisoner shall be discharged against his will from prison, until in the opinion of Medical Officer, such discharge is safe. section 26(3)

4. Separation of prisoners, containing female and male prisoners, civil and criminal prisoners and convicted and undertrial prisoners (section 27)

1. In a prison containing female as well as prisoners, the females shall be imprisoned in separate buildings, or separate parts of the same building, in such a manner as to prevent their seeing, or conversing or holding any intercourse with the male.
2. In a prison where male prisoners under the age of twenty-one (21years) are confined, means shall be provided for separating them altogether from the other prisoners and for separating those of them who have arrived at the age of puberty from those who have not.
3. Undertrial prisoners shall be kept apart from convicted criminal prisoners and;
4. Civil prisoners shall be kept apart from criminal prisoners.

5. Maintenance of certain prisoners from private sources (section 31)

A Civil prisoner or an undertrial prisoner shall be permitted to maintain himself and to purchase, or receive from private sources at proper hours, food, clothing, bedding or other necessities, but subject to examination and such rules as may be approved by the Inspector General.

6. Solitary Confinement (section 29)

No cell shall be used for solitary confinement unless it is furnished with the means of enabling the prisoner to communicate at any time with an officer of the prison, and every prison so confined in a cell for more than 24 hours, whether as a punishment or otherwise, shall be visited atleast once a day by the Medical Officer or Medical Subordinate.

Rights of Prisoners under the constitution of India

The constitution of India guarantees the fundamental rights of all the prisoners. The Hon’ble Supreme Court in the case of State of A.P. Vs Challa Ramkrishna Reddy & Ors. (2002)5 SCC712, held that a prisoner, whether a convict or undertrial, does not cease to be human being and, while lodged in jail, he enjoys all fundamental rights guaranteed by all Constitution of India including the right to life guaranteed by the Constitution.

The Article 14, 19and 21 of the Constitution of India guarantees basic fundamental rights to every citizen of India. These rights extend to prisoners as well.

The Hon’ble Supreme Court in the case of T.V. Vaitheeswaran V. State of Tamil Nadu (1983) 2 SCC68, held that fundamental rights under Article 14, 19 and 21 of the Constitution of India are available to prisoners as well as freemen.

Article 14 of the Constitution

It guarantees that no person shall be denied equality before law or the equal protection of law within the territory of India. Thus Article 14 means that like should be treated alike.

Article 19 of the Constitution

Under Article 19 (1) of the Constitution of India, there are six freedom which are guaranteed to all the citizens of India. Article19 (1) provides the following freedoms-

19. Protection of certain rights regarding freedom of speech etc.

All citizens shall have the right

(a) to freedom of speech and expression;

(b) to assemble peaceably and without arms;

(c) to form associations or unions;

(d) to move freely throughout the territory of India;

(e) to reside and settle in any part of the territory of India; and

(f) to practice any profession, or to carry on any occupation, trade 0r business

Article 21 of Constitution

States that no person shall be deprived of his life or personal liberty except according to procedure established by law.

This Article covers two aspects of rights:-

1. Right to life and
2. Right to personal liberty.

Conclusion

The human rights of prisoners are fundamental and must be protected. Ensuring dignity, fairness, and access to basic needs is crucial for rehabilitation and successful reintegration into society. Addressing challenges like overcrowding, violence, and limited healthcare access is essential. By implementing human rights-based approaches and promoting transparency and accountability, we can work towards a more just and humane prison system.

Also Read:
Rights of undertrial prisoners in India
How To Send A Legal Notice In India