Abstract

The objective of this article is to evaluate the role of the judiciary in the development of prisoner rights and reforms in India, and more specifically, how the Indian Constitution has led to important advances in this domain. The introduction is followed by a history of the legal status of prisoners in India before the adoption of the Constitution, an outline of key constitutional clauses that relate to prisoners’ rights, important Supreme Court rulings and contemporary problems related to the Indian justice system. Finally, the study offers recommendations on how to improve court engagement in this arena; including on improving compliance with judicial directives, increasing the provision and operation of alternative dispute resolution mechanisms, and giving greater priority to the rehabilitation and reintegration of prisoners in the Indian prison system. The results highlight the importance of regular judicial engagement to address persistent problems in the Indian prison system and to ensure that the constitutional protections of prisoners are rightly implemented and maintained. What are the prospects for reforms and prisoners’ rights in India? The need for those in power and those like us to come together to embrace the principles of justice, equality and the rule of law and build them into the future of our country.

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