Indian Prisons and Rights of Prisioners

Indian Prisons and the Rights of Prisoners

The subject of prisons and the rights of prisoners in India is a complex and evolving matter, situated at the intersection of constitutional guarantees, statutory frameworks, and institutional practices. The conditions within Indian correctional facilities have long been a matter of concern, attracting judicial scrutiny, academic discourse, and policy reform initiatives. Overcrowding, poor infrastructure, and limited resources continue to plague the Indian prison system. Reports published by the National Crime Records Bureau (NCRB) consistently reveal that most prisons operate significantly beyond their sanctioned capacity, resulting in compromised hygiene, inadequate healthcare, and security lapses.

Further aggravating the issue are incidents of custodial deaths, physical and psychological abuse, and denial of basic human necessities. These systemic deficiencies are compounded by administrative bottlenecks, low prison staff-to-inmate ratios, and insufficient budgetary allocations—all of which hinder the implementation of rehabilitative and reintegration programs.

Constitutional and Judicial Safeguards

The Constitution of India upholds the principle of equality before the law and equal protection of the laws under Article 14, extending these guarantees to all individuals, including prisoners. The judiciary, particularly the Supreme Court of India, has consistently affirmed that prisoners, despite their incarceration, retain certain inalienable rights. In State of Andhra Pradesh v. Challa Ramkrishna Reddy & Ors. [(2000) 5 SCC 712], the Supreme Court held that prisoners continue to enjoy fundamental rights, except where such rights are curtailed by law in a constitutionally valid manner. The Court emphasized that prisoners must be treated as human beings entitled to dignity, humane treatment, and access to basic rights.

Who is a Prisoner?

As per the Model Prison Manual, 2016, a prisoner is defined as any individual confined in a prison pursuant to the order of a competent authority. Essentially, a prisoner is someone who has been taken into lawful custody for violating the law.

Categories of Prisoners

1. Criminal Prisoner
   A person lawfully committed to custody under the authority of a court exercising criminal jurisdiction, including courts martial.

2. Convicted Criminal Prisoner
   As per Section 3(3) of the Prisons Act, 1894, a convicted criminal prisoner is one who has been sentenced by a court or court martial. This also includes persons detained under the provisions of Chapter IX of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Chapter VIII of the repealed CrPC, 1973) or under the Prisoners Act, 1871.

3. Civil Prisoner
   An individual imprisoned not for a criminal offence, but for civil reasons such as failure to repay debts.

4. Undertrial Prisoner
   A person who is in judicial custody pending investigation, inquiry, or trial by a competent authority.

Convicts vs. Undertrial Prisoners

• Convicts are individuals found guilty and sentenced by a court of law.

• Undertrials are persons whose trials are ongoing and have not yet been convicted.

Although both groups are often housed within the same facilities, the Model Prison Manual, 2016 mandates their segregation. Convicted prisoners are not to be kept in the same ward or allowed to interact with undertrial prisoners.

Rights of Prisoners: Legal Framework and Protections

Under the Prisons Act, 1894

The Prisons Act, 1894 is India’s earliest legislation dealing with prison administration and outlines several rights afforded to prisoners:

1. Right to Accommodation (Section 4)

Prisoners are entitled to accommodation that complies with standards set under the Act. The Model Prison Manual, 2016 further stipulates that all aspects of a prisoner’s living conditions—such as hygiene, food, sanitation, and medical care—must uphold human dignity.

2. Right to Temporary Shelter in Overcrowding or Epidemics (Section 7)

If the number of inmates exceeds the prison's capacity, temporary arrangements must be made. Likewise, in the event of an epidemic, prisoners are to be relocated to safe shelters.

3. Medical Examination and Treatment (Sections 24, 26, 37, and 39)

• Sick or unwell prisoners must be promptly reported to the Jailer and examined by a medical officer.

• Female prisoners must be examined by a female matron under the direction of the medical officer (Section 24(3)).

• No prisoner may be transferred to another facility without medical clearance (Section 26(2)).

• Every prison must have a hospital or designated medical area for treating ill inmates (Section 39).

4. Right to Meet Legal Counsel and Family (Section 40)

Prisoners are allowed to meet with persons of their choice, including legal advisers, under regulated circumstances. Undertrials must be granted confidential access to their advocates in the interest of justice.

5. Separation of Categories of Prisoners (Section 27)

The Act mandates separation between:

• Male and female prisoners,

• Civil and criminal prisoners,

• Convicted and undertrial prisoners.

This is to ensure proper classification and avoid undue influence or harassment.

6. Right to Receive Private Aid (Civil and Undertrial Prisoners)

Civil and undertrial prisoners are permitted to receive food, clothing, and other essentials from private sources, subject to prison regulations and inspection by the authorities.

7. Regulation of Solitary Confinement (Section 29)

Cells designated for solitary confinement must allow prisoners to communicate with prison staff at any time. Any prisoner confined for over 24 hours must be examined daily by the medical officer.

8. Regulation of Prison Labour (Section 35)

Prisoners sentenced to rigorous imprisonment may not be compelled to work more than 9 hours a day, except in emergencies with written approval. The medical officer must conduct regular health check-ups, and prisoners unable to perform assigned tasks due to health conditions should be reassigned accordingly.

Rights Recognized by the All India Committee on Jail Reforms (1980–83) – The Mulla Committee

The Mulla Committee made extensive recommendations aimed at humanizing prison administration and recognizing the essential rights of prisoners:

A. Right to Human Dignity

• Right to be treated as a person: Prisoners are not “non-persons.” The Supreme Court has consistently affirmed that incarceration does not strip a person of basic human dignity.

• Bodily integrity: Protection from physical abuse, torture, or degrading treatment by custodial staff or fellow inmates.

• Mental integrity: Immunity from psychological aggression or coercion.

• Retention of constitutional rights: No fundamental right can be abrogated except in accordance with the law governing conditions of detention.

B. Right to Basic Minimum Needs which includes entitlement to:

• Adequate diet and clean drinking water

• Medical care and health services

• Hygienic living conditions, sanitation, and personal hygiene

• Proper clothing, bedding, and other essentials

C. Right to Communication

• Right to communicate with family, friends, and legal representatives

• Periodic interviews/visits

• Access to news and media from the outside world

D. Right of Access to Law

• Right to be informed about legal rights and applicable prison rules

• Right to consult a legal practitioner of choice

• Right to legal aid through legal services institutions

• Right to be informed upon admission about remedies such as appeal, revision, or review

• Right to receive necessary legal documents for pursuing legal remedies

• Right to file complaints and grievances to appropriate authorities

• Right to communicate with prison authorities, courts, and government for redressal

E. Right to Meaningful and Gainful Employment

• Prohibition on forced labour and 'begar' (Article 23 of the Constitution)

• Undertrials may volunteer to work and must be fairly remunerated

• No prisoner shall be compelled to work for prison officials or private entities for profit

• Right to fair wages for prison labour

F. Right to Release on the Due Date

Prisoners are entitled to release as soon as their sentence is completed, with no unlawful detention beyond the term.

Conclusion

The jurisprudence surrounding prisoners’ rights in India is a testament to the constitutional commitment to justice, dignity, and reform. While incarceration limits certain freedoms, it cannot extinguish a person's right to live with dignity, access justice, and be treated humanely. Despite the extensive legal safeguards available to prisoners under the Constitution, the Prisons Act, and guidelines such as the Model Prison Manual, the reality often falls short due to systemic deficiencies and operational shortcomings. Upholding the dignity and rights of prisoners is not merely a statutory obligation but a reflection of a society’s commitment to constitutional values and humane governance. Continued reforms, oversight, and accountability mechanisms are essential to bridge the gap between law and practice in India’s prison administration.

As Mahatma Gandhi said:

"Crime is the outcome of a diseased mind and jail must have an environment of hospital for treatment and care."

Ensuring that the rights of prisoners are respected is not merely a legal imperative—it is a moral and constitutional one.