PRISONERS AND HUMAN RIGHTS
Ms. Saoni Ghosh, Jyotirmoy School of Law, Kalikapur, West Bengal.
The principle behind the president’s right movement is that even Do they are deprived of Liberty they are entitled to basic human rights despite the imprisonment prisoners retain certain Basic rights provided under article 14, 19 and 21 of the constitution. The rights of access to the quotes for respect for once bodily integrity that is not to be assaulted are such fundamental rights prisoners lose only those civil rights that are taken away Express 3 by an act of parliament or by necessary implication. Test in every case is whether the right is fundamental and whether there is nothing in the prison Act 1952 the prison rules, 1999 or elsewhere which authorises the prison authorities to limit such right.
After closer study the Commission noticed that all though the said power of premature Release is to be exercised by the state government, under section 232 of the code of criminal procedure, and procedure and practice followed by state government is not uniform.
Right to speedy trial is a facet of fair procedure guaranteed in article 21 of the constitution needless of prolong decision not only Violates its very basic right But also amounts to blunt and Daniel of human rights of freedom of movement to these vulnerable segments of the society who need the Protection; Care and consideration of law and criminal justice dispensation system.
Handcuffing, use of 3rd degree methods are often used on prisoners which is an illegal act. Overcome these menaces, the government must re educate the police out of their sadistic arts and inculcate a respect for the human prison, A process which must begin more by example then by exhortations.
Jail manuals and acts should be affordable and easily available to them. Opening prisons To civil society maybe one of the most important means of attending to numerals problems faced by prisoners scheduled from society and this is where the role of NGOs and other welfare organization Can be appreciated and utilised.
Prison Is an integral Of the criminal justice System of any country. Presents maybe meant exclusively for adults, children, females, convicted prisoners, Under trials etc. The objective of imprisonment may vary from country to country. It may be: a) Punitive b) deterrents c) reformative or rehabilitative etc. The primary purpose of imprisonment is to protect society against crime. punitive Methods of treatment of prisoners alone cannot achieve the goal of re formation of prisoners. Where is human rights approaches and human rights legislations as well as judiciary have facilitated a change in the approaches of criminal justice system. The United Nations Has also provided searching guidelines for the treatment of prisoners. The state is under legal obligation for protecting it subjects and for the components of which citizens are given Search in basic privileges recognised by the constitution of India and legislations. However, the enhancement of rights of the prisoners resize a question As to what extent it is viable Under article 21 to incorporate Within its ambit, The access to conjugal rights to the prisoners within the jail premises. Moreover, what about the rights of the victims upon whom they had committed the offense and to what extend the arena of rights of the prisoners can be enhanced in the grab of human rights of the victims who where the primary sufferers of the offense committed upon them.
- Violation of prisoner’s right____
Various international instruments have been formulated for the prisoners. In India also Apart from the constitution Of India that confer sun number of fundamental rights upon its citizens various legislations dealing with rights of prisoners have been enacted.
Despite having so many legislations various issues enlisted below pertain to the violation of prisoner’s rights.
• 80per cent hey prisoners are
•Even though bill is granted prisoners are not released.
•Incentive attitude of jail authorities.
•Punishment carried out by Jain authorities not coherent with punishment given by court. Hush mental and physical torture.
•Projection of surety bonds due to lack of money or verification of addresses, as Indulgent prisoners don’t have houses.
- Judicial Attitude on Human rights of prisoners in India____
The Indian freedom struggle played or pertinent role in initiating the process of recognising certain rights father prisoners. After independence the constitution of India conferred a number of fundamental rights upon the people article 21 of the constitution guarantees the right of personal Liberty and thereby prohibits any in home any cruel or degrading treatment to any person by the he is Indian national or foreigner. Article 21 states, “No person shall be deprived of his life or personal Liberty except according to procedure established by law” The Supreme Court of India, through interpretation of article 21 of the constitution, has developed human rights jurisprudence for preservation of protection of prisoners right for the maintenance of human dignity. Deprivation of life and Liberty is justifiable according to procedure Established by law but the procedure cannot be arbitrary unfair or unreasonable.
- Fair procedure_____
The constitution of India recognize principles of natural justice and they have been incorporated in Part 3 of the constitution of India. In Abdul Aziz versus state of Mysore the Karnataka High Court held that in cases where the accused refuses legal aid and is not represented by an advocate the code out to in the interest of justice either question the weakness yourself or appoint a competing counsel to assist the court. The coach remitted the matter for retrial in accordance with its directions in Jayendra Vishnu Thakur vs state of Maharashtra and another, the Supreme Court held that an accused would not be presumed to have waived Hills right and that procedural principals like a estoppel and waiver would not be attracted where an order is passed without jurisdiction, to be a nullity because of which the order cannot be brought into effect for invoking the procedural principals mentioned above.
- Human Sentencing______
It is these sacred duties of judiciary to look at every aspect of the case and to award proportionate quantum of punishment depending upon the gravity of the offense a sentence that is past after considering the crusher circumstances which resulted into the legal act drawing imprisonment of the accused is called a human sentence. In Lakshman Naskar vs State of West Bengal and another, the Supreme Court issued certain guide lines as to the basis on which a convict can be released pre- maturely.
- Prison Facilities____
In R.D Upadhyaya vs state of Andhra Pradesh and others The Supreme Court considered the issue of development of children who are in jail with their mothers, either as under trials prisoners or convicts. the court observed that the jail environment was certainly not congenial for development of the children. A study was observed to be conducted by the National Institute of criminology and forensic Sciences where certain suggestions were made of proper care of children of women Business it was father suggested that arrest of women suspects be made only by lady police such arrests would be sparingly made as it affects innocent children who are taken into custody with their mothers.
- International Obligation____
Among the main reasons father foundation of state and establishment of government safeguarding peace and security and respecting law and order come to the forefront the idea of social contract theory says that people agreed for the foundation of state and government for the sake of better protection and have forfeited some of their rights for its effectiveness, Therefore, the Obligations of securing law and order and punishing individuals during Violations of law remain in the hands of the state. Hence, administration of criminal justice in general is the power of the state likewise the practice of how state treats in citizens or subjects was exclusive power of the individual state concerned this includes human rights and treatment of prisoners however, later on issues of human Rights and treatment of prisoners by states in particular draw the attention of many activists and was included in the international and Regional human rights documents.
- Personal scope and power_____
In both the international and European systems, the conventions are binding on the signing states. However, the minimum standard rules on the treatment of prisoners in both cases are not binding but result in normative value against the members of the international or regional body which has approved to therefore, the convention scope of application is limited to signing states, where as the minimum standard rules will have normative effects in the jurisdictions All member state to the organization UN Council of Europe.
- Implications of the judgement____
The court observed that learned amicus curiae canvassed that the right to life include ‘right to create’ life and ‘procreate’ and this fundamental right Does not get Suspended when a person is sentenced and awarded punishment there by limiting him to stay in the jail the law under petitioner are sentenced and tried does not extinguish their Rights under article 21, till in a legal manner and as far as the procedure petition I.e. the husband is extinguished. His right to procreate cannot be taken away only because he has been sentenced and punished for Offence there is no provision explicit or implied In any panel law or the constitution that takes away the petitioners’ right to dicent life under the set circumstances, which squarely falls within the expended scope of article 21. The petitioners seeking to exercise their fundamental right to life and procreate does ought not to be denied. Husband has been awarded death sentence and is undergoing punishment but his ‘right to life’ cannot be taken away till his execution. Until then the right to life includes all rights except the freedom to move which has been taken away by way of punishment of law.
Person does not lose his human rights merely because he has committed offense as he also has some dignity which must be protected however at the same time conferring conjugal rights to the prisoner within the jail premises required a reconsideration of a larger bench of the High Court or the Supreme Court as far as the concept of human rights is involved by giving more weightage to the prisoner the balance of criminal justice system may get disturbed and a situation may our eyes when one day jails would become the resting canter’s or the victims may stopped reporting the matter polres and start taking law in their own hands to punish the guilty.