An Analysis of Prisoners’ Rights in India

ABSTRACT

The way prisoners treated in the prison or by society after release from the prison, it’s an important issue for the social justice and for law. Earlier society behave harshly, because of punishment and believed that prisoners lost there all right. However, with the change of time, come with the change in this thinking, and give view that the prisoners have equal right as the normal person. Indian constitution on the basic of human dignity idea, give prisoners equal right as human, because every person as human being has some value. Even a person committed any crime, he has some basic human right in prison and the state has responsibility and duty to respect these right as well as to protect this right. For the protecting the right of prisoner’s court and constitution play important role. Judicial review and judgments developing the right of prisoners even they have not right to movement, there fundamental rights protected, Article 14,19,20,21and 22, for right to life, right of speedy trial, legal Aid, and right against torture and ill treatment protected in the Prison. This article focuses on that how the court and established law together protected and shape there right, development and its effective application. This research method follows the important judgements given by Courts in India, with their related constitutional provision; strong judicial support on this law and area of weak implementation of law due to poor administration in prisons, conclusion that the protection of prisoner’s right essential for human justice system.