ISSN: 2265-6294

JUDICIAL RESPONSE IN PROTECTING AND PREVENTING THE RIGHTS OF PRISONERS IN INDIA

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Priya Jain, Rishi Kashyap, Pranav Kumar Aditya, Rahul Singh, Kaneez Fatima

Abstract

The jurisprudence of right of prisoners in India has been evolving one. From Sunil Batra to Re Inhumane Conditions in 1382 Prisons and till now the judiciary has decided upon the right of prisoners, weather under trial or convicted, from time to time. Prisoners are human beings and the mere fact that they are behind the bars does not mean that they cease to have human rights or deserve to be ill-treated. Unfortunately, the reality is that once a person enters prison, he/she practically loses their human rights and is conveniently forgotten by the society. If such a prisoner happens to be a woman, and then the horror simply gets amplified. The Indian sociolegal system is based on non-violence, mutual respect, and human dignity of the individual. If a person commits any crime, it does not mean that by committing a crime he ceases to be human being and that he can be deprived of that aspect of life which constitutes human dignity. Rule of law and human rights are intimately interrelated concepts. Rule of law is the basis for the governance of human society. Whenever we talk of upholding rule of law, we visualize a system of justice which accepts and respects the basic rights of the individuals. If a society fails to evolve effective machinery for protecting human right its edifice of democracy will suffer it.

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