Open Access Research Article

“GENDERED INCARCERATION: CONSTITUTIONAL PROTECTION OF THE RIGHTS OF WOMEN PRISONERS IN INDIA”.

Author(s):
JYOTI DEEPENDRA SINGH RAJAVAT
Journal IJLRA
ISSN 2582-6433
Access Open Access
Volume 3
Issue 6
DOI https://www.doi-ds.org/doilink/09.2026-48855993/“GENDERED INCARCERATION: CONSTITUTIONAL PROTECTI
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Abstract

Abstract
Women’s imprisonment raises concerns that extend beyond the mere loss of liberty. Although incarceration restricts a person’s freedom, it does not take away the constitutional and human rights that continue to protect them. For women prisoners, however, the experience of imprisonment is often shaped by gender-specific vulnerabilities, including inadequate healthcare, reproductive and maternal needs, separation from children and family, limited access to legal assistance, and the risk of abuse and discrimination. This paper examines the constitutional protection available to women prisoners in India and evaluates the extent to which these protections are reflected in prison administration and practice. It analyses the guarantees of equality, non-discrimination, dignity, life and personal liberty, access to justice, and humane treatment under the Constitution of India, alongside relevant prison laws, policies and judicial decisions. The study also examines the Supreme Court’s contribution to developing prisoners’ rights jurisprudence and considers whether existing legal safeguards adequately address the distinctive needs of incarcerated women. By identifying the gap between constitutional guarantees and their implementation, the paper argues for a more gender-responsive approach to imprisonment, one that recognises women prisoners not merely as offenders but as rights-bearing individuals entitled to dignity, healthcare, legal protection and meaningful opportunities for rehabilitation.

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Author Details

Authors: JYOTI & DEEPENDRA SINGH RAJAVAT
Registration ID: 1013145 | Published Paper ID: IJLRA13145 & IJLRA13146
Year: Sep-2026 | Volume: 3 | Issue: 6
Approved ISSN: 2582-6433 | Country: Delhi, India
Page No.: 664-711

Article Information

“GENDERED INCARCERATION: CONSTITUTIONAL PROTECTION OF THE RIGHTS OF WOMEN PRISONERS IN INDIA”.

Authors: JYOTI, DEEPENDRA SINGH RAJAVAT

  • Journal IJLRA
  • ISSN 2582-6433
  • Volume 3
  • Issue 6
Citation Download Paper Full Details Search on Google Search on Google Scholar

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International Journal for Legal Research and Analysis

  • AbbreviationIJLRA
  • ISSN2582-6433
  • AccessOpen Access
  • LicenseCC 4.0

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