Prisoner’s rights and prison reform in India
A legal critique
Keywords:
criminal justice, human rights, prisoners, prison reformsAbstract
Every person is born with certain human rights and that cannot be curtailed for being a prisoner. These are fundamental and inalienable to all human beings. The Constitution of India grants certain fundamental rights that live with the persons and die with them and violation of which is a grave injustice towards the person. The treatment of prisoners in prison and violation of their rights on a daily basis is the mirror how prisoners are neglected by the higher authorities and the various reports of their inhuman treatment is the hypocrisy of the police officers in the society. The basic idea of rights provided by the government to the prisoners is not to show mercy for their crimes rather not forbidding any person from their basic civil rights or encouraging inhuman treatment. The prison reforms being single of the major parts of criminal justice structure is also the one to which everyone has turned a blind eye. If the very root idea of criminal justice in India is reformative then treating prisoners with so less of humanity will further break the justice system.
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References
Ahuja, R. (2015). CRIMINOLOGY. Rawat Publications.
D.B.M.Patnaik v. State of Andhra Pradesh, AIR1974 SC 2092 (Supreme Court 1974).
D.K. Basu v. State of West Bengal, AIR 1996 SC (Supreme Court 1996).
Hussainara Khatoon v. Home Secretary, State of Bihar, AIR 1979 SC 1360 (Supreme Court 1979).
Jain, R. (2016). Textbook on Human Rights Law and Practice (3rd ed., Vol. 1).
Mohammad Giasuddin v. State of Andhra Pradesh, AIR 1977,SC (Supreme Court 1977).
Moti Ram v. State of Madhya Pradesh, (1978) 4 SCC 47 (Supreme Court 1978).
N.V.Paranjape. (2016). Criminology and Penology with Victimology. Central law publications, Allahabad.
People`s Union for Democratic Rights v. Union of India, AIR 1982, SC (Supreme Court 1982).
Peoples Union Of Civil Liberties v. State of Mahrashtra, AIR 2014, SC (Supreme Court 2014).
(2020). Prison Statistics by NCRB.
R.D. Upadhayaya v. State of Andhra Pradesh, AIR 2006 SC 1946 (Supreme Court 2006).
Raghbir Singh v. State of Haryana, AIR 1984 SC 1087 (Supreme Court 1984).
Rawat, P., & Bhatt, A. (2016). The Shades of Legal Mechanism of Human Rights and Prisoners with a Special Reference to National Human Rights Commission. Dehradun Law Review , 8 (1), 67-79.
S.P. v. State of Madhya Pradesh, AIR 2007 MP 166 (Supreme Court 2007).
Sheela Barse v. State of Maharashtra, AIR 1980 SC (Supreme Court 1980).
Shri Rama Murthy v. State of Karnataka, AIR 1997,SC 2140 (Supreme Court 1997).
State of Gujrat v. High court of Gujrat, AIR 1998 SC 3164 (Supreme Court 1998).
State of Maharashtra v. Asha Arun Gawali, AIR 2004 SC 2223 (Supreme Court 2004).
Sunil Batra v. Delhi Adminstration, AIR 1978 SC 1675 (Supreme Court 1978).
(2009). World Prison Population. International Centre for Prison Studies. BBC NEWS.
Kustina, K.T., Dewi, G.A.A.O., Prena, G.D., Suryasa, W. (2019). Branchless banking, third-party funds, and profitability evidence reference to banking sector in indonesia. Journal of Advanced Research in Dynamical and Control Systems, 11(2), 290-299.
Nyandra, M., Kartiko, B.H., Susanto, P.C., Supriyati, A., Suryasa, W. (2018). Education and training improve quality of life and decrease depression score in elderly population. Eurasian Journal of Analytical Chemistry, 13(2), 371-377.
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