Prisoner's Rights

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  • Topic: Prison, Human rights, Law
  • Pages : 21 (6596 words )
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  • Published : August 14, 2013
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DR RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY

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CODE OF CRIMINAL PROCEDURE
Project Topic: RIGHTS OF PRISONERS

Submitted to: Submitted by: Mr. P.K GAUTAM pratibha singh Faculty (Law) Roll No. 87 B.A.LL.B(Hons)

V Semester

ACKNOWLEDGEMENT

I would like to heartily thank our faculty of Cr.PC, Mr. Srivastava, for providing me with the opportunity for working over the topic of “Prisoners Rights”. For any work to be successfully completed, a prime requirement is that of leadership and guidance. I must mention that Mr. P.K.Gautam , ever ready to give me a helping hand. It was under her guidance that I have been able to focus on the research questions which otherwise would have been vague and unsatisfactory. He helped me at every possible stage over this project and also encouraged me to go into deeper research.

Table of Contents

1. INTRODUCTION

2. RIGHTS OF PRISONERS, UNDER-TRIALS AND ARRESTED PERSONS

2.1 Right of Prisoners
2.2 For undertrials
2.3 For arrested persons

3. COMMITTEE ON PRISONER’S RIGHT

4. PRISONS: PRESENT POSITION AND FUTURE OUTLOOK

5. CONCLUSION

6. REFERENCES

INTRODUCTION

1. INTRODUCTORY
The rule of law meets with its Waterloo when the States minions become law-breakers and so the court as the sentinel of the nation and the voice of the Constitution, runs down the violators with its writ and secures compliance with human rights even behind iron bars and by prison warders. [1]

Arrest has far reaching consequences; the social status and dignity of an individual suspect becomes at stake, even his discharge cannot blot out the stigma consequent upon arrest there are financial implications for the arrested person and his family. The public suffers its repercussion as we. Naturally, it needs to be ensured that arrests are not affected in a frivolous manner and that the rights of arrested persons are fully guaranteed. Towards this effect, The Cr.P. C. laws down safeguards such that the rights of persons enshrined in Art. 21 and 22(1) are not violated. However, it has been some time before the statutory provisions have been understood in all its implication and they have been given effect to. Mostly the criminal administration system ignores such safeguards and the judiciary for quite some time has been lax about ensuring the proper observance of prisoners rights so there have been many later declarations and statutory enactments which reaffirm the faith in the rights of arrested persons. The endeavor is to look into various rights of arrested persons, enshrined in statutes, conventions and judicial pronouncements

A prisoner is entitled to all his fundamental rights unless his liberty has been constitutionally curtailed.[2] Therefore, any imposition of a major punishment within the prison system is conditional upon the observance of the procedural safeguards enshrined in Article 21, even though he is not in a position to enjoy the full panoply of fundamental rights due to the very nature of the regime to which he is lawfully committed.

Article 5 of the Universal Declaration of Human Rights (UDHR) stands against torture and cruel punishment. Article 6 incorporates the vital principle that everyone has the right to recognition everywhere as a person before the law; a principle signifying that a prisoner does not cease to be a person inside a jail and is entitled to receive a reasonably decent and civilized treatment in prison. An acute awareness of the rights of prisoners on the part of prisoners themselves and organizations involved in protecting civil liberties...
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