INTERNATIONAL JOURNAL FOR LEGAL RESEARCH AND ANALYSIS

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[1]Prison system which is a method of handling criminals was the result of historic accidents. It was not a carefully thought out plan. The great prison in Rome was built by Pope Innocent X in 1655. There were generalised institutions for the care of criminals. The Seventeenth and Eighteenth centuries saw the rise of "Prisons", "Jails", "Houses of correction", etc. See John Lewis Gillin, criminology and Penology (1977), p.372.

[2]V.R.Krishnalyer, A National Prison policy-Constitutional Perspective and Pragmatic Parameters (1981), p.7.

[3] There is deterrence, but without naked terror, there is prevention, but by methods that are generally regarded as just: there is reform, but by' way" of expiation rather than by cure: there is education, both in knowledge of the laws themselves and in the need to recognise the rights of others: and there is public denunciation too. H.B.Action (Ed.), The Philosophy of Punishment (1969), p.282 J.D.Mc Clean and J.C.Wood, Criminal Justice and Treatment of Offenders (1969), pp.85—

[4]The said thoughts of Mahatma Gandhi was echoed by Justice V.R.KrishnaIyer in his inaugural address at the Sixth Annual Conference of the Indian Society of Criminology at Madras on the 25th March, 1977. He stated: "Progressive criminologists across the world will agree that the Gandhian diagnosis ofoffenders as patients and his conception of prisons as hospitals mental and moral — is the key to the pathology of delinquency and the therapeutic role of punishment". Ismail Commission Report (1977), p.186.

[5]At present in England many prisoners serving relatively long terms have one short period of home leave near the end of their sentence. It is intended to be used in seeking employment and making other arrangements for release. In many countries regular home leaves are allowed at intervals throughout the sentence. See J.D.Mc Clean and J.C.Wood. op.cit., p.l4l.

[6] Article 22 of the Constitution of India & s.67 of Criminal Procedure Code, 1973

[7]Crimes have been classified into bailable and non bailable offences in Criminal Procedure Code, 1973. s.436 provides for procedure of bail in bailable offences and s.437 sets out the provision for bail in non-bailable offences. Although bail is a right provided to prisoners, it is not absolutely enforceable. Courts exercise wide discretion in granting bail.

[8]Refusal of bail is a restriction on the personal liberty of the individual guaranteed under Article 21 of the Constitution of India; see Sanjay Chandra v. CBI (2012) 1 SCC 40; see also State of Rajasthan v. Balchand 1977 4 SCC 308; see also Gudikanti Narsimhulu v. Public Prosecutor 1978 1 SCC 240; see also Gurucharan Singh v. State (Delhi Admin.) 1978 1 SCC 118 (Unless exceptional circumstances are brought to the notice of the Court which may defeat proper investigation and a fair trial, the Court will not decline to grant bail to a person who is not accused of an offence punishable with death or imprisonment for life).

[9]Bhim Singh v. Union of India 2015 13 SCC 605; see also Re: Inhuman Conditions in 1382 Prisons (2016) 3 SCC 700.

[10]In the case of Sidhartha Vashisht v. State (NCT of Delhi) 2001 CrLJ 2404 Justice P. Sathasivam opined that “The investigation should be judicious, fair, transparent and expeditious to ensure compliance to the basic rule of law. These are fundamental cannons of our criminal jurisprudence and they are quite in conformity with the constitutional mandate contained in Articles 20 & 21 of the Constitution of India.”

[11]Mrs. Kalyani Baskar v. Mrs. M. S. Sampoornam 2007 2 SCC 258

[12]Article 14: (1) All persons shall be equal before the courts and tribunals. (2) Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law, (3) (c) To be tried without undue delay. Article 16: Everyone shall have the right to recognition everywhere as a person before the law

[13] In the bail plea of Babu Singh v. State of Uttar Pradesh 1978 AIR 527, Justice Krishna Iyer referred to the delayed justice system as a slow motion syndrome and remarked, “Our justice system even in grave cases, suffers from slow motion syndrome which is lethal to “fair trial” whatever the ultimate decision. Speedy justice is a component of social justice since the community as a whole is concerned in the criminal being condignly and finally punished within a reasonable time and the innocent being absolved from the inordinate ordeal of criminal proceedings.”

[14]National Crime Records Bureau (Ministry of Home Affairs), Prison Statistics 2015, September 2016.

[15]Hussainara Khatoon & ors v. Home Secretary, State of Bihar; see also Kartar Singh v. State of Punjab 1994 SCC (3) 569.

[16] According to Prison Statistics 2015, published by NCRB, Prison occupancy rate in India is 114.4%.

[17]Article 14 of the Constitution of India ensures that every citizen is provided equality before the law and comprises of right to free legal aid to all.

[18] Hague Convention on 25^th October 1980 on International Access to Justice, India is a member party to the convention since 2008.

[19]State of Maharashtra v. ManujiPragajiVashi 1995 SCC 5 730; see also Khatri II v. State of Bihar 1981 SCC (Cri)288; see also Article 39A of the Constitution of India; see also Section 304 of Criminal Procedure Code, 1973

[20]T.V. Vatheeswaran V. State of Tamil Nadu, A.I.R. 1983 SC 361

[22] General Comment no. 21: Article 10 (Humane treatment to persons deprived of their liberty) of ICCPR

[23] D.K. Basu v. State of West Bengal (1997) 1 SCC 416; see also Ajab Singh v. State of U.P. 2000 3 SCC 521; see also Murti Devi v. State of Delhi 1998 9 SCC 604; see also Rohtas Kumar v. State of Haryana 2013 14 CC 290.

[24] Re-Inhuman Conditions in 1382 Prisons 2016 SCC SC 121

[25] Amnesty International, Amnesty International Global Reports: Death Sentence and Executions 2016, Amnesty International Ltd., 24 (2017); Out of 141 Abolitionist Countries 104 have abolished death penalty in law and 30 in practice, out of 57 Retentionist countries 7 have abolished death penalty for ordinary crimes. (hereinafter, Amnesty)

[26] Centre for Civil and Political Rights (16^th session 1982), General Comment no. 6:Article 6(Right to Life)of International Covenant for Civil and Political Rights; para 6; Article 6 (2) to (6) does not make abolishment of death penalty the law, but it obliges the states to limit its use and restrict it to most serious crimes, further the committee concludes that all measures of abolition should be considered as progress in the enjoyment of the right to life.

[27]Bachan Singh V. State of Punjab, AIR 1980 SC 898

[29] Re-Inhuman Conditions in 1382 Prisons 2016 SCC SC 121

[30] Hussain & anr. V. Union of India AIR 2017 SC 1362

[32]Re-Inhuman Conditions in 1382 Prisons 2017 SCC SC 121

[33] Lahti, R. (2000). Towards a Rational and Humane Criminal Policy – Trends in Scandinavian Penal Thinking. Journal Of Scandinavian Studies In Criminology & Crime Prevention, 1(2), 141-155. doi:10.1080/140438500300076135

[34]Benson, E. (2003, July/August). Rehabilitate or punish? Psychologists are not only providing treatment to prisoners; they're also contributing to debate over the nature of prison itself. American Psychological Association, 34, 7.

[35]Ryan, R. (2015, February 25). Bastoy Prison in Norway Is the World’s First Ecological Prison. Retrieved November 28, 2016 fromNewsComAu. News Limited.

[36]Sutter, J. D. (2012, May 24). Welcome to the world's nicest prison. Retrieved December 3, 2016, from http://www.cnn.com/2012/05/24/world/europe/norway- prison-bastoy-nicest/

[1] ADM Jabalpur v. Shivkant Shukla [AIR 1976 SC 1207]

[1] Prasad, M. (2005). Autonomy and Commercialization of Higher Education. Social Scientist, 33(11/12), November- December, 43-48.

[2] Hauptman, A.M. (2002). Measuring Market Reliance and Privatization. International Higher Education, 27, Spring, 10-11.

[3] Gupta, A. (2004). Divided Government and Private Higher Education Growth in India. International Higher Education, 35, Spring, 13-14.

[4] Washer, P. (2007). Revisiting Key Skills: A Practical Framework for Higher Education. Quality in Higher Education, 13(1), April, 57-67.

[6] Couturier, L. (2002). Humanizing the Spectre of the Market. International Higher Education, 27, Spring, 11-13.

[8] Gupta, A. (2004). Divided Government and Private Higher Education Growth in India. International Higher Education, 35, Spring, 33-64.

[9] Chattopadhyay, S. (2009). The Market in Higher Education: Concern for Equity and Quality. Economic and Political Weekly, 44(20), July, 18, 53-61.

[11] Chattopadhyay, S. (2009). The Market in Higher Education: Concern for Equity and Quality. Economic and Political Weekly, 44(20), July, 18, 73-81.

[1] (Goldkamp et al., 2001; Lutze & van Wormer, 2007).

[2] Lowenkamp, Holsinger, & Latessa, 2005; Peters & Murrin, 2000).

[3] (Gottfredson, Najaka, & Kearley, 2003). Gottfredson, D. C., Najaka, S. S., & Kearley, B. (2003). Effectiveness of drug treatment courts: Evidence from a randomized trial. Criminology & Public Policy,

[4] (Lutze & van Wormer, 2007; Peters & Murrin, 2000).

[5] https://www.ebpsociety.org/blog/education/271-efficacy-drug-courts

[6] https://connectusfund.org/19-biggest-pros-and-cons-of-drug-courts

[7] https://www.opensocietyfoundations.org/voices/drug-courts-are-not-ans

[8] Carey, S. M., & Finigan, M. W. (2004). A Detailed Cost Analysis in a Mature Drug Court Setting A Cost-Benefit Evaluation of the Multnomah County Drug Court. Journal of Contemporary Criminal Justice, 20(3), 315-338.

[9] Brown, R. (2011). Drug court effectiveness: A matched cohort study in the Dane County Drug Treatment Court. Journal of Offender Rehabilitation, 50(4), 191-201.

[2] Silvia Castignone, Introduzione alla filosofia del dirito, Ed. Laterza, Roma, 2004, p. 198.

[11] National Legal Services Authority v. Union Of India, AIR 2014 SC 1863

[13] Naz Foundation v. Govt of NCT of Delhi, 160 Delhi Law Times 277, p. 2.

[15] Constitution of India Act, 1950 a. 14,15,21.

[16] Romesh Thapar v. State of Madras AIR 1950 SC 124.

[18] Indian Express Newspapers v. Union of India 1950 S.C.R. 594.

[19] Maneka Gandhi v. Union of India (1978) 1 SCC 248

[21] Francis Coralie v. Union Territory of Delhi [1980] 2 SCR 557

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