Rights of Prisoners in India: A Critical Study

Authors

  • Dr. Savi Nagpal

Keywords:

Prisoners' rights, international standards, human rights instruments, South African and Indian constitutions, judicial activism

Abstract

The impact of international norms and comparative legislation on prisoner rights on the development of constitutional law and jail reforms in India is highlighted in this paper's comprehensive analysis of these topics. Important international human rights documents provide the groundwork for humane treatment of prisoners by outlining general principles. As an example, Article 5 of the 1948 Universal Declaration of Human Rights forbids torture and other harsh, brutal, or humiliating forms of punishment; Article 10 guarantees the right to a public and fair trial; and Article 11 upholds the assumption of innocent unless proven guilty. India has also accepted the International Covenant on Civil and Political Rights (1966), which forbids torture and unfair trial methods and emphasizes the need of treating all those deprived of their liberty with dignity. Prison administration, housing, healthcare, discipline, inspections, and rehabilitation are all covered in detail in the United Nations Standard Minimum Rules for the Treatment of Prisoners (Mandela Rules, 2015), which moves the emphasis away from punitive incarceration and toward reformative justice. The Convention against Torture (1984) is an international duty that India has not ratified, despite its universal relevance. This highlights a gap between international responsibilities and domestic execution.

Comparative viewpoints from other jurisdictions and international norms both show how judicial activism and constitutional protections can change jail administration. U.S. courts have acknowledged inmates' rights to medical treatment and protection from degrading treatment, and have used the Eighth Amendment to ban cruel and unusual punishment. By incorporating the European Convention on Human Rights into its legal system, the Human Rights Act of 1998 made it possible for prisoners' rights to be enforced by the courts in the United Kingdom. In the meanwhile, one of the most advanced models in the world is the South African Constitution, which guarantees inmates access to justice, medical care, and sufficient nutrition. These cases show that it is possible to find a middle ground between institutional punishment and individual rights, even in prisons. When interpreting Article 21 of the Constitution in Indian context, the judiciary has frequently looked to these international norms. This is especially true in instances involving issues like torture, expedited trials, access to legal counsel, and protections while in custody. Indian law has benefited from this judicial borrowing, but these safeguards will only be effective if thorough legislative reforms are not implemented. To bridge the gap between constitutional ideals and jail reality, this paper suggests that India should ratify pending agreements, take a rehabilitative approach instead of a strictly punitive one, and bring its prison regulations in line with international human rights norms. India must fulfill its responsibilities as a constitutional democracy and a responsible member of the global community by transforming its jails into institutions that uphold dignity, equality, and justice by integrating international norms with domestic practices.

References

Basu, D. D. (2015). Introduction to the Constitution of India. Prentice-Hall of India Pvt. Ltd.

Grewal, G. (2017). Prisoners' rights and judicial intervention in India. Indian Law Review, 45(3), 34-51

Koch, P. (2004). The role of judiciary in protecting prisoners' rights. Indian Constitutional Review, 15(4), 103-120

Sharma, A. (2012). Prison conditions and human rights in India. Human Rights Journal, 9(3), 72-85.

Bajpai, S. (2015). Prisoners' Rights in India: A Critical Analysis. Oxford University Press.

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How to Cite

Dr. Savi Nagpal. (2025). Rights of Prisoners in India: A Critical Study. International Journal of Engineering, Science and Humanities, 15(2), 38–50. Retrieved from https://www.ijesh.com/j/article/view/270

Issue

Section

Original Research Articles

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