Prisoner's Rights

Topics: Prison, Human rights, Law Pages: 21 (6596 words) Published: August 14, 2013
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...

References: ACTS
Criminal Procedure Code, 1973
Constitution of India, 1950
BOOKS
Chandrachud Y V & V R Manohar, Ratanlal & Dhirajlal the Code of Criminal Procedure, Wadhwa and Company, Nagpur, 18th ed., 2006
Chandrasekharan Pillai, K.N., R
Dutta, KK, Some Aspects of Criminal Law, Law Researching House, Calcutta, 1st ed., 1998
Freedman, A
Gopal, R, Sohoni’s, Code of Criminal Procedure, LexisNexis Butterworths, New Delhi, 20th ed., 2005
Kiran Bedi, It’s Always Possible – Transforming One of the Largest Prisons in the World [1998] Sterling, New Delhi
S.M.A. Quadri, Siddiques Criminology: Problems & Perspectives, (Eastern Book Company, Lucknow, 5th ed., 2005)
Vivien Stern, A Sin Against the Future, [1995] Penguin, London
REPORTS
NHRC Report, 1997-98.
Report of the India Jails Committee, 1864
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[2] State of A.P. v. Challa Ram Krishna Reddy, (2000) 5 SCC 712.
[3] Peter Evans, Prison Crisis (1980), p. 66, c.f. S.M.A. Quadri, Siddiques Criminology: Problems & Perspectives, (Eastern Book Company, Lucknow, 5th ed., 2005), p. 182.
[4] (1979) Q.B. 425.
[5] (1983) 1 A.C. 1.
[6] (1988) 2 WLR 290, Supra at 3, p. 183.
[7] Ruffin v. Commonwealth, (1871) quoted by the Supreme Court in Sunil Batra v. Delhi Admn., (1978) 4 SCC 494.
[9] (1978) 4 SCC 494.
[12] (1977) 3 SCC 287
[13] Sunil Batra v
[14] Freedman, A. M., Harlod I., Benjamin, J. Sedock, Kaplan, Psychiatry and the Urban Setting Comprehensive Text Book of Psychiatry-II , 2nd Ed. Vol. II (1976), p. 2503
[15] B.K
[21] (1978) 3 SCC 544.
[23] M.H. Hoskot v. State of Maharashtra, (1978) 3 SCC 544; Hussainara Khatoon v. State of Bihar, (1980) 1 SCC 98.
[24] Khatri v. State of Bihar, (1981) 1 SCC 635.
[25] Suk Das v. Union Territory of Arunachal Pradesh, (1986) 2 SCC 401.
[26] Hussainara Khatoon (I) to (VI) v. Home Secretary, Bihar, (1980) 1 SCC 81, 91, 93, 98, 108 & 115.
[27] (1980) 1 SCC 81.
[28] Hussainara Khatoon (II) v. Home Secretary, Bihar, (1980) 1 SCC 91.
[29] Hussainara Khatoon (III) v. Home Secretary, Bihar, (1980) 1 SCC 93.
[30] (1980) 1 SCC 98.
[35] Kewal Pati (Smt.) v. State of U.P., (1995) 3 SCC 600; Murti Devi v. State of Delhi, (1998) 9 SCC 604.
[38] D Arey Case, 1956 (DC) Crime LR 56; Morgen, 1965 NZLR 134; Donald v. R., (1971) FC 417, c.f. S.M.A. Quadri, Siddiques Criminology: Problems & Perspectives, (Eastern Book Company, Lucknow, 5th ed., 2005), p. 189.
[40] Kum Kum Chadha, The Indian Jail, p. 73, c.f. S.M.A. Quadri, Siddiques Criminology: Problems & Perspectives, (Eastern Book Company, Lucknow, 5th ed., 2005), p. 197.
[42] Report of the National Expert Committee on Women Prisoners, 1980-83, p. 345, c.f. S.M.A. Quadri, Siddiques Criminology: Problems & Perspectives, (Eastern Book Company, Lucknow, 5th ed., 2005), p. 197.
[43] Report of the India Jails Committee, 1864, p. 10, c.f. S.M.A. Quadri, Siddiques Criminology: Problems & Perspectives, (Eastern Book Company, Lucknow, 5th ed., 2005), p. 190.
[44] NHRC Report, 1997-98.
[45] (1980) 3 SCC 488.
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