Vol. 6, Issue 1 (2020)
It is said that no one truly knows a nation until one has been inside its jails. A nation should not be judged by how it treats its highest citizens, but its lowest ones.” ~ Nelson Mandela Prisoners are also entitled to rights to some extent as a normal human being when they are behind the prison. These rights are provided under the Constitution of India, the Prisons Act, 1894 etc. Prisoners are persons, have some rights, and do not loose their basic constitutional rights. Even a person is convicted and deprived of his liberty in accordance with the procedure established by law; a prisoner retains the residue of constitutional rights. Indian Constitution does not expressly provides for the prisoners’ rights but Articles 14, 19 and 21 implicitly guaranteed the prisoners’ rights and the provisions of the Prisons Act, 1894 contains the provisions for the welfare and protection of prisoners. In recent years, custodial crimes have drawn attention of Public, Media, Legislature, Judiciary and even Human Rights Commission. Nevertheless, judicial activisms, widespread media coverage, initiatives taken by National Human Rights Commission as well as Civil Society Intervention have shown their concern for combating torture and upholding human dignity. The first part of this paper deals with the basic concept and atrocities been done on the prisoners along with the rights been guaranteed to them by different legislations in India. Further, the authors will put some light on the International conventions, treaties, and legislations that took place and been drafted and enacted for the protection of rights of prisoners. The extent of this paper is to the remedies that are available to the prisoners along with the war prisoners and some of the judicial decisions recognising the same. To conclude that Police is the machinery which controls crime. If crime takes place in police custody, then we must lean towards some other machinery to curb it.
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