THE RIGHT TO LIFE IN PRISON: DIGNITY, HUMANITY, AND JUSTICE BY - DR. AMRITA SINGH
THE RIGHT
TO LIFE IN PRISON: DIGNITY, HUMANITY, AND JUSTICE
AUTHORED
BY - DR. AMRITA SINGH
Assistant
Professor
City
Academy Law College, Lucknow
Abstract
Right to life and personal liberty is the most fundamental of
all the fundamental human rights. It is one of the most essential basic human
rights in a democratic state. The right to life does not mean a mere physical
existence or the right to live a lifeless life. The right to life includes the
right to live with human dignity and all that goes along with it, namely, the
basic necessities of life such as adequate nutrition, clothing and shelter over
the head and facilities for reading, writing an expressing oneself in diverse
forms, freely moving about and mixing and commingling with fellow human beings.
Keywords -
Constitution, Fundamental Rights, Right to Privacy, Prisoners Right, Legal
Rights and etc.
Introduction
The very pertinent question that crops up is- who is a prisoner?
According to the Model Prison Manual of 2016, a prisoner is someone who is
confined in a prison by the authority which a competent authority. Basically a
prisoner is a human being who is held in jail or prison since they have
committed an act which is prohibited by the lex loci of the land. In the Indian
subcontinent the term prison and jail are used interchangeably and both the
convicted individuals plus the ones who are awaiting trial are called prisoners.
The list of Rights of Prisoners in India under the Prisons Act,
1894 which is the first legal framework for regulating prisons in India are
mentioned in the following- This act provides for provisions aimed at ensuring
the welfare and protection of prisoners, including both convicts and under
trials.
Section 4- Right to Adequate Accommodation
Prisoners have the right to receive accommodation that complies with the
standards set forth in the Prisons Act of 1894. The Model Prison Manual of
2016 also emphasizes that living conditions in every prison should uphold human
dignity, covering aspects such as accommodation, hygiene, sanitation, food,
clothing and medical facilities.
Under Section 7- Right to Shelter and Safe Custody
for Excess Prisoners
If any prison becomes overcrowded and it’s impractical to transfer the
excess number of prisoners to other facilities, temporary prisons should be
arranged to provide shelter and safe custody. This is especially crucial during
outbreaks of epidemic diseases within a prison.
Under Sections 24 and 26-Examination of Prisoners
by
Qualified Medical Officers
Every prisoner is entitled to be examined by a qualified Medical
Officer. The Medical Officer should record the prisoner’s health status, any
wounds or marks on their body, their fitness for specific labor (if sentenced
to rigorous imprisonment) and any relevant observations. These records are
maintained in a book kept by the Jailer (Section 24(2)).
·
Female prisoners have the right to be
examined by a lady matron, as per the special or general orders of the Medical
Officer (Section 24(3)).
·
Prisoners cannot be transferred from
one prison to another unless the Medical Officer certifies that they are free
from any illness that would make the transfer unsafe (Section 26(2)).
·
Prisoners cannot be discharged from
prison against their will until the Medical Officer deems such a discharge to
be safe (Section 26(3)).
Section 27-Separation of Prisoners
In a prison housing both female and male prisoners, females must be
placed in separate buildings or distinct sections of the same building. This
arrangement is designed to prevent them from seeing, conversing with or having
any interaction with male prisoners. Prisons detaining male prisoners under the
age of twenty-one should have measures in place to separate them entirely from
other prisoners, particularly distinguishing those who have reached puberty
from those who have not. Under trial prisoners should be kept separate from
convicted criminal prisoners (convicts). Civil prisoners should be kept apart
from criminal prisoners.
Section 31-Maintenance of Prisoners from Private
Sources
Civil prisoners and under trial criminal prisoners have the right to
sustain themselves by purchasing or receiving food, clothing, bedding and other
necessities from private sources during appropriate hours. This is subject to
examination and rules approved by the Inspector General.
Under Section 29-Solitary Confinement
Solitary confinement cells must be equipped to enable prisoners to communicate
with a prison officer at any time. Prisoners in solitary confinement for more
than twenty-four hours, whether as a punishment or otherwise, must be visited
by the Medical Officer or Medical Subordinate at least once a day.
Section 33(1)
Supply of Clothing and Bedding to Civil Prisoners and Under trials. Every
civil prisoner and under-trial who cannot provide themselves with sufficient
clothing and bedding shall receive necessary clothing and bedding from the
Superintendent.
Section 35 - Employment of Criminal
Prisoners
Prisoners sentenced to rigorous imprisonment may engage in manual labor
for more than nine hours in emergencies with written approval from the
Superintendent. The Medical Officer should assess prisoners while they work, record
their respective weights on each prisoner’s history ticket and ensure they have
adequate rest. If the Medical Officer believes a prisoner’s health is
deteriorating due to a specific job, that prisoner should be reassigned to a
more suitable task as determined by the Medical Officer.
Section 37-Care for Ill Prisoner
Prisoners who are unwell or show signs of physical or mental health
issues and wish to consult the Medical Subordinate (doctor) must be promptly
reported by the overseeing officer to the Jailer. The Jailer, without delay,
shall inform the Medical Subordinate about prisoners in need of medical
attention or who express a desire to see the doctor. They must also follow any
written instructions provided by the Medical Officer or Medical Subordinate
concerning changes in the discipline or treatment of such prisoners.
Section 39-Provision of Hospitals
Each prison must have a hospital or an appropriate facility for the care
of sick prisoners.
Section 40-Visits for Civil and Under trial Prisoners
Both convicts and under trial prisoners have the right to meet with
individuals they wish to communicate with while in prison, during proper times
and under reasonable restrictions. Under trial prisoners may be allowed to meet
their duly qualified legal advisors in private, without the presence of any
other individuals, in the interests of justice.
Under The Indan
Constitution
The
golden triangle of Articles 14, 19 and 21 of the Indian Constitution confers
fundamental rights on every Indian citizen and these rights extend to prisoners
as well. The Supreme Court, in the case of T.V. Vatheeswaran v.
State of Tamil Nadu[1], emphasized that fundamental rights under
Articles 14, 19 and 21 of the Constitution are applicable to both prisoners and
those who are not incarcerated. State of A.P. Vs. ChallaRamkrishna Reddy[2],
affirmed that a prisoner, whether a convict or an under trial, does not lose
their status as a human being and retains the fundamental rights guaranteed by
the Constitution of India, including the right to life.In the case of Upendra Baxi v. State of U.P.[3], the
Supreme Court issued various directions to guarantee that inmates in the
protective Home at Agra do not live in inhumane and degrading conditions. This
upholds the right to live with dignity as enshrined in Article 21 of the
Constitution.
In M.H. WadanraoHaskot vs.
State of Maharashtra[4],
the Supreme Court established that the right to legal aid is an
integral part of a fair procedure.
Article 22(1) of the Indian Constitution ensures
the right to be defended by a legal practitioner of one’s choice. Article 39A
of the Constitution further provides for legal aid to the poor and weaker
sections of society, including accused persons. The presence of a lawyer at the
stage of arrest can have a significant impact on how the accused is treated in
police custody, reducing the likelihood of mistreatment, and coercion and
ensuring the respect of the accused’s rights.
In Hussainara
Khatoon v. State of Bihar, the Supreme Court highlighted the shocking
situation where a significant number of individuals, including children, were
incarcerated for extended periods while awaiting trial. The court expressed
concern about the delay in trial, especially for those who could not afford
bail.The Apex Court held that a procedure that keeps a large number of people
behind bars without trial for an extended period cannot be considered
reasonable, just or fair and it does not conform to the requirements of Article
21.
Rights
under The Cr.P.C
Right of the Prisoner
to Be Informed of Arrest and Bail under Section 50
·
Every arrested person has the right to
be informed of the grounds for their arrest and their right to seek bail.
·
Police officers or other persons
arresting someone without a warrant must immediately communicate to the
arrested person the full particulars of the offence for which they are being
arrested or the other grounds for the arrest.
·
Right of the Prisoner to Be Defended by
a Lawyer under Section 303 and Section 304
Section
303 of the Code of Criminal Procedure (CrPC) empowers prisoners to be defended
by a lawyer of their choice. Section 304 of the CrPC provides that in certain
cases, legal aid is to be provided at the state’s expense.
Right to Speedy Trial under Section 309(1) and Section 309(1) of the
CrPC provides that in every inquiry or trial, the proceedings shall be held as
expeditiously as possible.
Right to Medical Examination under Section 54
Section 54 of the CrPC provides for the examination of the body of an
arrested person by a registered medical practitioner at the request of the
arrested person in case of torture and maltreatment in lockups. Right to Be
Present Before the Magistrate without Delay under Sections 57 and 76. It is the
right of the prisoner to be physically produced before the court at the time of
hearing their case without procedural delay.
Right to Be Present During Trial under Section 273
Section 273 of the CrPC provides that all evidence and statements must
be recorded in the presence of the accused or their lawyer.
Right to Be Released on Probation of Good Conduct
on or After
Admonition under Section 360.
·
The court may direct the release of the
prisoner on probation after observing their good behaviour in certain cases.
·
This includes cases where a person
above 21 years of age is convicted of an offence punishable with a fine or
imprisonment for up to 7 years or when any person under 21 years of age or any
woman is convicted of an offence not punishable with death or life imprisonment
and no previous conviction is proved against the offender.
·
Such release is subject to the prisoner
entering into a bond to appear and receive a sentence when called upon during a
specified period, keeping the peace and maintaining good behaviour.
Right to Be Released on Bail Even If the Prisoner
Does Not Have
Means under Section 436 CrPC
·
Section 436 of the CrPC mandates the release
of an indigent or poor person on bail without the requirement of surety.
·
It allows the person to execute a bond
to appear before the court without asking for any surety.
·
The court shall consider any person
unable to provide bail within seven days from the date of their arrest as
indigent or poor.
·
The principle is that bail, rather than
jail, is the rule and depriving a person of liberty is the last resort.
According
to the general assembly resolution 45/111 on basic principles for the treatment
of prisoners, the following are the guidelines-
- All prisoners shall be
treated with the respect due to their inherent dignity and value as human
beings.
- There shall be no
discrimination on the grounds of race, color, sex, language, religion,
political or other opinion, national or social origin, property, birth or
other status.
- It is, however, desirable to
respect the religious beliefs and cultural precepts of the group to which
prisoners belong, whenever local conditions so require.
- The responsibility of prisons
for the custody of prisoners and for the protection of society against
crime shall be discharged in keeping with a State's other social
objectives and its fundamental responsibilities for promoting the
well-being and development of all members of society.
- Except for those limitations
that are demonstrably necessitated by the fact of incarceration, all
prisoners shall retain the human rights and fundamental freedoms set out
in the Universal Declaration of Human Rights, and, where the State
concerned is a party, the International Covenant on Economic, Social and
Cultural Rights, and the International Covenant on Civil and Political
Rights and the Optional Protocol thereto, as well as such other rights as
are set out in other United Nations covenants.
- All prisoners shall have the
right to take part in cultural activities and education aimed at the full
development of the human personality.
- Efforts addressed to the
abolition of solitary confinement as a punishment, or to the restriction
of its use, should be undertaken and encouraged.
- Conditions shall be created
enabling prisoners to undertake meaningful remunerated employment which
will facilitate their reintegration into the country's labour market and
permit them to contribute to their own financial support and to that of
their families.
- Prisoners shall have access
to the health services available in the country without discrimination on
the grounds of their legal situation.
- With the participation and
help of the community and social institutions, and with due regard to the
interests of victims, favourable conditions shall be created for the
reintegration of the ex-prisoner into society under the best possible
conditions.
- The above Principles shall be
applied impartially.
Conclusion
Constitution of India established a
democratic welfare State allowing equal opportunity to one & all, without
discrimination of any kind, for personal growth and for contributing to the
cause of nation. Therein, a key objective of the Constitution is to set up an
infrastructure in jails so that the prisoners languishing therein are provided
prompt and efficient legal aid and made aware of their rights including their
valuable Right to Life and Liberty guaranteed under Article 21 of the
Constitution of India, as well as the resources available to them to protect
their rights.