International Human Rights Day is celebrated every year on 10 December. On this day, the message is repeated all over the world that being a human being, every person has some basic rights, which cannot be taken away by anyone. No matter where he is, in what situation. The same thing applies to jails and prisoners also. The Indian Constitution and Judiciary have made it clear many times that the walls of prison cannot take away the human rights of a person, only reasonable restrictions can be imposed on some of his legal rights.
Let us understand, on the pretext of International Human Rights Day, what are the guaranteed rights that Indian prisoners have, which no one can take away?
It is the responsibility of the state government to protect against third degree and cruelty.
The prisoner is first and foremost a human being. Every person has the right to life and personal liberty under Article 21 of the Indian Constitution, which includes the right to lead a dignified life. The Supreme Court has said in many decisions that the prisoner is not deprived of this right. This means that it is the responsibility of the state to protect the prisoner from physical torture, third degree, cruel, cruel and degrading treatment. Any kind of sexual harassment, molestation or humiliation of women prisoners is not only a criminal act but a clear violation of their basic human rights. This protection is above any law, order or prison manual, because it is directly linked to human dignity.
Right to security of life and health services
It is the legal and moral responsibility of the government to protect the life and health of the prisoner. A person in jail is completely dependent on the system for his food, treatment and security, so this right becomes even more important. The prisoner has the right to clean and adequate food, clean drinking water and a safe place to live.
It is the moral responsibility of the state to provide timely medical check-up and treatment of diseases, if necessary, in government or private hospitals. Mental health care, appropriate medical assistance will also have to be provided in case of depression, suicidal tendencies or serious mental illness. If a prisoner dies due to negligence, assault or lack of timely treatment, it is not only a human rights violation but also a question of state accountability.
right to legal aid
Being a prisoner does not mean that his right to get justice is lost. In the Indian system, the prisoner continues to have some rights. Like the right to meet a lawyer and get legal advice. If he is poor and cannot afford a lawyer, it is the responsibility of the state to provide him free legal aid.
The right to get information about one’s case, a copy of the verdict, and the right to file an appeal or review petition against the sentence. Right to appeal to the High Court or the Supreme Court against any kind of torture, illegal detention or injustice in custody. The judiciary has also said that the prisoner should not be insulted at the time of court appearance, should not be handcuffed or shackled unnecessarily and should be allowed to actively participate in the hearing.
right to contact family
Jail sentence does not mean social death. The right to contact with family, children, spouse and relatives is essential for the rehabilitation and mental balance of the prisoner. According to the rules laid down under this right, it is the responsibility of the state to arrange meetings with the family, lawyers and in some cases social workers or religious representatives. Facilitation of communication by letter, telephone or controlled electronic means.
For prisoners from interstate or far away, occasional visits are made through video conference, so that family ties can be maintained. Courts have accepted that completely ending this contact comes under the category of cruelty, hence this right of the prisoner should be protected while remaining within the rules.
Freedom of religion, belief and conscience
According to the Indian Constitution, every person has the freedom to practice and propagate his religion. This right does not automatically end when the prisoner comes to jail. This means that the prisoner can read his religious books, worship and participate in religious rituals, provided this does not violate the security and discipline of the prison. Prisoners of different religions should be provided facilities according to their faith, within reasonable limits. Religious freedom is not only important for personal peace and mental balance, but it also reinforces the message that the prison system cannot take over one’s conscience.
Right to opportunities for work, education and rehabilitation
The modern criminal justice system emphasizes not only on punishment but also on reform and rehabilitation. This principle is valid in Indian jails also. That is why prisoners are given opportunities to work inside the jail. Like weaving, sewing, carpentry, farming, packaging etc. From this they get some remuneration and also develop a skill. Access to literacy programmes, formal education (Open School/Open University), computers and other vocational training is given.
In some states, exemption from punishment is also possible on the basis of good behavior and hard work. This right to work and education gives the prisoner the possibility to return to society and start life as a better, responsible citizen.
Special rights of women, children and weaker section prisoners
Indian law and judiciary have recognized that women, pregnant women, children, elderly, physically or mentally challenged prisoners are vulnerable. In such a situation, there is a provision to make special arrangements for them. Pre-natal and post-natal care, nutritious food and hospital facilities are mandatory for pregnant prisoners. Young children, who are living in jail with their mothers, should be given special facilities for food, health, vaccination and sports. Separate barracks, female warden and respect for privacy have been considered necessary for female prisoners. In the case of elderly or seriously ill prisoners, parole, furlough or reduction of sentence is sometimes recommended on humanitarian grounds.
Protection from arbitrary punishment, solitary confinement and detention
Disciplinary action against a prisoner can also be taken only within the ambit of law. Solitary confinement without reason and for long periods of time, such as Kala Pani, has been considered appropriate by the courts only in very limited circumstances. Before punishing for breach of discipline, it is important to give the prisoner an opportunity to be informed about the allegations and to explain himself, so that even at the minimum level, he can get the right to natural justice. The courts have also held that prison manuals, police or administrative orders are not above the Constitution; If they are against human rights, they can be changed or canceled.
Right to Information and Complaint
Complaints are often suppressed in prisons, but in principle the prisoner has the right to lodge a complaint and have it investigated. The prisoner can send a written complaint to the Jail Superintendent, District Judge, Human Rights Commission or the court. In many states, there are jail visiting judges or committees, who meet the prisoners and listen to their problems. A complete ban cannot be imposed on providing information to the media or social organizations; Yes, there may be some rules regarding security and privacy. Without this right to complain, all other rights remain only on paper, hence this right is very important in practical terms.
In reality, there are definitely challenges in implementing these rights. Overcrowding, lack of resources, corruption and lack of awareness, but this situation does not eliminate the existence of these rights. On the pretext of Human Rights Day, we should understand that a just society is one which treats its weakest, most disliked and most marginalized people i.e. prisoners with justice and humanity. Unless human rights are respected in prisons, the face of any democratic system cannot be called truly humane.
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