Abstract

The fundamental right to life and liberty guaranteed under Article 21 of the Constitution of India is considered to be an inherent and basic human right, a right from which all other rights emanate. It is well-known that the domain of this right has been broadened time and again by various courts of India and it is ever evolving. Right to life is not restricted to a “mere animal existence”, but includes right to human dignity. This research paper is an attempt to highlight the importance of human dignity in light of few aspects of this right as a part and parcel of right to life. Judicial pronouncements on the evolving concept of right to dignity is touched upon. A critical analysis of the existing laws is done with special emphasis on the lacunas to be found in it. The research raises empirical questions on prisoners’ rights including right against torture, right to speedy trial, free legal aid, or fair treatment among many other rights. The status of women rights in prisons is also stressed upon. A jurisprudential aspect of deterrence or reformative model and a need to have proper implementation of the rights of prisoners is also included in the paper. Through this research, by proposing certain recommendations, there is an effort to answer pertinent questions and scrutinize the wide ambit of Article 21 in the light of right to dignity of prisoners.

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