LEGAL FRAMEWORK FOR PRISONERS’ RIGHTS IN INDIA: ROLE OF THE JUDICIARY AND PRISON REFORMS
DOI:
https://doi.org/10.5281/zenodo.19607222Keywords:
Prisoners’ Rights, Article 21, Judicial Activism, Prison Reforms, Custodial Justice, Indian ConstitutionAbstract
The protection of prisoners’ rights forms an essential component of a democratic and constitutional legal system committed to human dignity and the rule of law. In India, the evolution of prisoners’ rights jurisprudence reflects a significant transition from a punitive, colonial-era approach to a rights-based and reformative framework shaped largely by judicial intervention. This article examines the legal framework governing prisoners’ rights in India with a particular focus on the role of the judiciary and prison reforms. It analyses the constitutional foundations of prisoners’ rights under Articles 14, 19, 20, 21, and 22 of the Constitution of India, highlighting how these provisions continue to apply to incarcerated persons subject to reasonable restrictions. The study further explores key statutory instruments such as the Prisons Act, 1894, the Code of Criminal Procedure, 1973, state prison manuals, and the Model Prison Manual, 2016. Central to this analysis is the judiciary’s proactive role in expanding the scope of Article 21 to include rights against custodial violence, inhuman treatment, prolonged detention, and denial of legal aid. Through an examination of landmark judicial pronouncements including Sunil Batra v. Delhi Administration, Hussainara Khatoon v. State of Bihar, and D.K. Basu v. State of West Bengal, the article demonstrates how judicial activism has contributed to prison reforms and accountability of prison authorities. Despite notable judicial progress, persistent challenges such as overcrowding, inadequate infrastructure, and uneven implementation remain. The article concludes by emphasizing the need for coordinated legislative, administrative, and judicial efforts to ensure effective realization of prisoners’ rights and to transform Indian prisons into institutions of reformation consistent with constitutional values.
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