Prison System and Rights of the Prisoners: A Critical Analysis

  • Rishu Anand and Abiranjan Dixit
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  • Rishu Anand

    Student at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, India

  • Abiranjan Dixit

    Assistant Professor at Law College Dehradun, Uttaranchal University, Dehradun, Uttarakhand, India

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Abstract

The prison system was old, punitive and deterrent penal system used by the Indian administers, (kings) in the ancient days and the medieval days. After freedom, prison administration in the country has been a matter of intense debate and criticism at various public fora. In the recent years, the Supreme Court of India has come down heavily on the sub-human conditions obtaining in prisons. The constitution of India guaranteed every person right life and liberty and he can't be deprived from it unless there is due process of law. This provision is also applying on prisoner and that is why there is some protection available to them. The purpose of this study is to know more about the Indian prison system, to know about how prison administration had evolved, what are its merits and what changes it should have and this paper also aims to analyze the rights of prisoners under Indian law. Moreover, the rights enjoyed by Prisoners, under Article 14, 19 and 21, though limited, are not static and will rise to human rights when challenging a situation arises. The Indian prison system is no better for the reason that economic conditions do not permit to evolve better modes of prison management. Therefore, reconstructing of prisons in India needs prime attention. This article is directed towards the prison administration and rights of prisoners in Indian context.

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International Journal of Law Management and Humanities, Volume 7, Issue 3, Page 3283 - 3295

DOI: https://doij.org/10.10000/IJLMH.117820

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