Introduction
Prisoners, though deprived of certain liberties, still retain basic human rights. In India, both the legislature and the judiciary have played important roles in recognizing and protecting the rights of prisoners, ensuring humane treatment and justice within the correctional system.
Role of the Legislature
1. Legal Framework
Various laws have been enacted to regulate prison administration and safeguard prisoners’ rights:
- Prisons Act, 1894: Lays down the rules for prison management, discipline, and welfare.
- Juvenile Justice Act: Protects rights of children in conflict with the law.
- Probation of Offenders Act, 1958: Allows first-time and minor offenders to avoid imprisonment under supervision.
- Legal Services Authorities Act, 1987: Provides free legal aid to prisoners, especially undertrials.
2. Reforms and Amendments
Various parliamentary committees and expert panels have recommended reforms in overcrowding, health facilities, and rehabilitation services in prisons.
Role of Judiciary
1. Expanding the Scope of Rights
The judiciary has interpreted Article 21 of the Constitution (Right to Life) to include the rights of prisoners. It has declared that prisoners have a right to live with dignity, access legal aid, and be protected from torture.
2. Landmark Judgments
- Sunil Batra v. Delhi Administration: Supreme Court held that solitary confinement is unconstitutional unless legally authorized.
- Hussainara Khatoon v. State of Bihar: Recognized the right to free legal aid and speedy trial for undertrials.
- Sheela Barse v. State of Maharashtra: Protected the rights of women prisoners and children in jails.
3. Directions for Reforms
Courts have issued guidelines for improving prison conditions, mental health care, vocational training, and establishing human rights commissions to monitor prisons.
Conclusion
The legislature and judiciary have both contributed significantly to improving prisoners’ rights in India. While laws lay down the framework, the judiciary ensures their enforcement and evolves them through progressive interpretations. However, implementation at the ground level remains a challenge and requires continuous attention.