Prison Inmates - Persons or Non-persons
Keywords:
Prison, human being, rights, violation, laws, judgementsAbstract
This paper analyzes the various significant articles of the Indian Constitution, the Indian Penal Code, judgments of the Supreme Court and High Courts, and its objectives with reference to prison concepts of equality and justice with a basic understanding of the topic of "Prison Inmates - Persons or Non-Persons." Following an introduction to prison persons or non-persons with pertinent provisions and laws, this paper discusses the right to free legal aid for prison inmates and describes some important judgments and articles of the Directive Principle of State Policy (DPSP) that discuss the right of prisoners to live with dignity. The study then explored the ways of rehabilitating offenders and the treatment of criminals in prison rehabilitation centers. This paper examines further current situations of overcrowding in prisons and analyses the data from the National Crime Record Bureau's (NCRB)
Prison Statistics India 2019 Report, with reference to the case laws and International Treaties and Conventions, to determine how the subsequent legal systems work to protect human rights. Moreover, in the landmark decision Re-Inhuman Conditions In 1382 v. State of Assam, six rulings were issued that imposed authority and government obligation and liability for the protection of prisoners. Lastly, this paper finishes with a summary of the key topics covered and a sound takeaway message taken from the author's effort.
References
1. Renowned spiritual leader and founder of the Art of Living Foundation.
2. State of A.P. v. Challa Ramkrishna Reddy (2000) 5 SCC 712
3. T.V. Vatheeswaran v. State of Tamil Nadu, AIR 1983 SC 361
4. AIR 1978 SC 1675
5. Veena Sethi v. State of Bihar, AIR 1983 SC 339
6. M.H. Hoskot v. State of Maharashtra, AIR 1978 SC 1548
7. Sukdas v. Arunachal Pradesh, AIR 1986 SC 991
8. MP Jain, Indian Constitutional Law (Kamal Law House, Kolkata7th Edition.,2016)
9. Hussainara Khatoon v. State of Bihar, AIR 1979 SC 1369
10. Ramond Saleilles, The Individualisation of Punishment, Montclair: Patterson Smith, 1968, at 4-5.; According to Sutherland and Cressey : Two essential ideas are contained in the concept of punishment as an instrument of public justice- (a) it is inflicted by the group in its corporate capacity upon one who is regarded as a member of the same group, (b) punishment involves pain or suffering produced by design and justified by some value that the suffering is merely accidental, to be avoided if possible, it is not punishment. See Sutherland Edwin H and Cressey Donald R. Principles of Criminology. 12th ed. Bombay: The times of India Press, 1985
11. Justice M.M. Ismail Commission Report (1977), p.194
12. Walter C. Reckless in Norman Johnston, Leonard Savitz, Marvin E Wolfgang, The Sociology of Punishment and Correction, (John Wiley and Sons New York 2nd ed. 1962), at 362
13. Report of All India Jail Manual Committee, 1957-59 Para 3
14. Prison Statistics India, NCRB Report 2019
15. Rama Murthy v. State of Karnataka, AIR 1997 SC 1739
16. State of M.P. v. Shyamsundar Trivedi (1994) 4 SCC 395
17. Joginder Kumar v. State of UP and ors (1994) 4 SCC 260
18. https://www.bhaskar.com/topics/assam/
19. https://ohrh.law.ox.ac.uk/re-inhuman-conditions-in-1382-prisons-development-in-indian- prisoners-rights/
20. http://twocircles.net/2016feb05/1454694075.html/
21. https://www.advocatekhoj.com/library/judgments/announcement.php?WID=9245
22. https://hrln.org/sc-re-inhuman-conditions-in-1382-prisons/
