Human rights of prisoners: a short guide by DM Legal Services, Mulund, Mumbai.
The Indian Constitution does not expressly confer any specific or separate rights on prisoners.However several rights falling under Part iii of the constitution (Fundamental Rights ) are also available to those in jail -albiet with necessary modification .some rights are discuss below
1-Right to provide legal aid /assistance – art 39 of constitution ,though not enforceable in court of law ,interalia imposes a mandate on the state to provide free legal aid to ensure that justice are available to every citizen of india and not denied by the reason of economic of other disabilities .
2-Right to speedy trial .
3-Right Against Inhuman Treatment ,Handcuff and Fetter .
4-Right to Freedom of Speech and Expression .
5-Right to consult a Lawyer and to meet Relatives and Friends.
6-Right in the matter of narco-analysis and Brain-Mapping .
7-Right To Reasonable Wages .
Rights of Prisoners in India: What the Courts Have Said
A person who is in jail, whether convicted or awaiting trial, does not lose all fundamental rights. The Supreme Court has repeatedly said that a prisoner remains a person, and that the Constitution follows him into the prison. Only those rights that are inconsistent with imprisonment, such as the freedom to move freely, are restricted. This note explains the rights listed above and some of the leading decisions behind them.
Legal aid and a lawyer
Article 39A of the Constitution directs the State to provide free legal aid so that justice is not denied because of poverty or any other disability. In M.H. Hoskot v. State of Maharashtra (1978), the Supreme Court held that free legal aid is part of a fair procedure for a prisoner who cannot afford a lawyer. The Legal Services Authorities Act, 1987 sets up legal services authorities at the national, state and district levels, and a prisoner can also ask the jail authorities to be put in touch with the legal aid lawyer. A prisoner is also entitled to consult a lawyer of his choice and to meet relatives and friends, subject to reasonable jail rules.
Speedy trial and release of undertrials
In Hussainara Khatoon v. State of Bihar (1979), the Court held that a speedy trial is part of the right to life and personal liberty under Article 21, and ordered the release of many undertrial prisoners who had spent long periods in jail. The criminal procedure law also allows an undertrial who has served up to half of the maximum sentence for the offence to be released on a personal bond. This provision, earlier Section 436A of the Code of Criminal Procedure, now appears in the Bharatiya Nagarik Suraksha Sanhita, 2023.
Protection from inhuman treatment
In Sunil Batra v. Delhi Administration (1978) the Court held that prisoners are protected from torture and from cruel and degrading treatment, and in Prem Shankar Shukla v. Delhi Administration (1980) it said that handcuffing and fetters must not be used routinely and are justified only in rare cases with recorded reasons. In D.K. Basu v. State of West Bengal (1997), the Court issued guidelines for arrest and detention to prevent custodial violence.
Narco-analysis, brain mapping and wages
In Selvi v. State of Karnataka (2010), the Supreme Court held that narco-analysis, polygraph tests and brain-mapping cannot be forced on a person, because that would violate the protection against self-incrimination and the right to personal liberty. On wages, the Court in State of Gujarat v. High Court of Gujarat (1998) held that prisoners who do work in jail should receive fair and reasonable wages.
If you or a family member needs help with bail, legal aid or a complaint about jail conditions, please consult an advocate. This article is general information only.
In short, human rights of prisoners is a subject where early legal advice helps. If you are affected by human rights of prisoners, speak to an advocate who can look at your documents and explain your options.
Human rights of prisoners: Legal Help in Mulund, Mumbai and Thane
If you have questions about human rights of prisoners, the team at DM Legal Services in Mulund can explain your options. We assist clients across Mulund, Mumbai and Thane. See our criminal law services or send us your legal question. You can also read the law on India Code. This article is general information and not legal advice.
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