Critical Appraisal of Judicial Creativity in the Development of Prison Reforms

Liberty is one of the most precious and cherished possessions of a human being and this would resist forcefully any attempt to diminish it. Similarly, rehabilitation and social reconstruction of life convict, as objective of punishment become paramount importance in a welfare state. All men are born Equal and they are endowed by their creator with similar basic rights. These rights are mainly rights of life and liberty which has been recognised by various Constitutions of world, but if there are some persons who don’t comply with ethics and standards of society then that person is deprived of these rights with proper punishment. If there is a Society without crime is a Utopian theory. The State has to achieve the goal of protecting the society from convict and also to rehabilitate the offender. There is a very real risk of revenge attack upon the convict from others. Punishment enables the convict to expiate his crime and assist his rehabilitation. This research Paper aims at understanding the judicial reforms and judicial creativity in understanding the Prisoners right with the help of various constitutional provisions and providing suggestions for the development of prison system in India.