Author: Mudhurima
Title: Rights Behind Bars: Landmark Judicial Pronouncement and National Human Rights Commission Guidelines
Summary: The Constitution of India guarantees fundamental human rights to every individual. It further pledges that the state will safeguard these human rights and protect citizens from any arbitrary infringement upon their liberty, security and privacy. The Supreme Court of India has reiterated this principle many a times in the past 30 years. Over the years, the Supreme Court has on many occasions emphasised the role of the judiciary as a “guardian of their sentences.” To support this, the court has laid down a number of guidelines and directives for the state to follow. The National Human Rights Commission (NHRC) has also issued guidelines and written letters to various agencies including the judiciary, the prison department and the state government to ensure that the rights of the prisoners are respected. There is, however, a huge gap between the constitutional promises as enunciated by the judiciary, and the reality of the lives of prison inmates. About 65 per cent of the prisoners are not convicted of any offence but are just awaiting trial. They may continue to be held in prisons for years. A huge majority of these under-trial prisoners are poor. The system fails them at every turn. They are denied bail for want of monetary security. Trials take years. Often, they have no lawyers, live in pathetic conditions, do not have access to adequate medical care, and are likely to be tortured or exploited. They are not aware of their rights. Often, legal aid lawyers and prison officials are also unaware. This compilation seeks to bring together important judicial pronouncements and NHRC guidelines on prisons and prisoners’ rights in a simplified form so that this information is easily accessible to those who are interested.
Details: New Delhi: Commonwealth Human Rights Initiative, 2009. 89p.
Source: Internet Resource
Year: 2009
Country: India
URL:
Shelf Number: 119415
Keywords:
Criminal Justice System (India)Human RightsInmatesPrisoners (India)Prisoners' RightsPrisons |
