An Overview of the Conditions of Indian Jails

Author – Anjali Jain, Student at Government Law College, Ajmer

Best Citation – Anjali Jain, An Overview of the Conditions of Indian Jails, ILE Monthly Review, 1 (3) of 2023, Pg. 12-15, ISBN – 978-81-961828-8-5

Abstract

All human beings have natural rights. These Human Rights are neither derived from social order nor conferred upon the individual by society. They reside inherently in the individual human beings even prior to his participation in the society. To deny people their human rights is to challenge their very humanity. The conviction of a human by court of law does not render him non-human. He still remains a human who should be treated like one. The prisoners in jails who are deprived of their liberty and participation in society, have the right to be treated with respect to inherent dignity of human person. The Article 21 of the Constitution of India provides that “No person shall be deprived of his life and Personal Liberty except according to procedure established by law” The article has been interpreted by the Supreme Court of India liberally which has considerably widened its scope and has held that its protection will be available for safeguarding the fundamental rights of the prisoners and for effecting prison reforms. Hence, under the ambit of law of the land prisoners whether convicted, accused or under trail have the right to live life with dignity. This article highlights the conditions of jails and discusses about the human rights enshrined in the present legislation for prisoner’s taking into consideration that prisoners have a right to live life with dignity.

keywords: Prisoners, Fundamental Rights, Article 21, Prisoners Rights, Supreme Court