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Research Paper Volume 9 Issue 2 114 - 123 March 24, 2026

Protection of Human Rights of Prisoners through Public Interest Litigation

Lead author · Corresponding
Soham Sandeep Joshi
LL.M. student at Symbiosis Law School, Pune, Maharashtra, India
Co-author
Atharvaa Gaikwad
LL.M. student at Symbiosis Law School, Pune, Maharashtra, India
View PDF Full text DOIhttps://doij.org/10.10000/IJLMH.1111495
Abstract

Public Interest Litigation (PIL) has had an extraordinary impact on the Indian constitutional order by expanding judicial access for disadvantaged groups, especially inmates who face significant procedural and institutional barriers to the enforcement of their basic rights. The current paper critically assesses the role of PIL in protecting the human rights of prisoners in India, with particular concern for its effectiveness as a means of addressing systemic violations of human rights within custodial administration. Using a doctrinal and analytical framework, the study outlines the evolution of jurisprudence on prisoners' rights through historical Supreme Court cases that struck down the hands-off doctrine and upheld the continued applicability of Article 21 in custody settings. The question is addressed by using academic materials, institutional documents, and constitutional law to determine whether the judiciary's recognition of inmates' rights through PIL has brought about significant institutional transformation. Findings show that, despite PIL significantly strengthening the normative architecture related to the conditions of incarceration, custodial defences, and under-trial adjudication, its effectiveness has been entirely reactive and limited to each case. The structural issues that have to be tolerated over time, such as overcrowding, protracted pre-trial detention and violence in custody, demonstrate a huge difference between the ideals of the constitutional provisions and their practical application. In addition, the paper identifies structural limitations that affect PIL's efficacy, including the judiciary's limited ability to provide enduring monitoring, reliance on executive collaboration, and the absence of powerful enforcers. The findings confirm that, even though PIL remains a fundamental tool for uncovering human rights abuses and establishing constitutional responsibility, it is an insufficient alternative to a wholesale change in prison management and criminal-justice regulation. Sustainable protection of inmates' human rights requires legislative initiatives, administrative oversight, reorganisation of institutions within systems, and continuous judicial involvement.

Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 9, Issue 2, Page 114 - 123
DOI: https://doij.org/10.10000/IJLMH.1111495
Creative Commons
CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
Copyright
Copyright © IJLMH 2026
Disclaimer
The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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