Abstract

Prisons in the modern times are places where criminals are sent with a view to reform them, make them repent for their wrongs and allow for their reintegration into the society. One of the major roadblocks to their reintegration is the custodial violence and sexual victimisation of the prisoners. It happens inside prisons, during police custody as well as in judicial custody. It impacts the mental and physical well-being of prisoners and the accused to a great extent and leaves scars deeper than the imprisonment itself. Moreover, even the family members of the accused are not safe and can be subject to abuse at the hands of law enforcement agencies. The torture can lead to deaths or affect the mental health of the prisoners to the extent that they are driven to commit suicide. The Indian Constitution as well as International Human Rights Instruments provide for the humane treatment of prisoners. The abuse perpetrated is a violation of the human rights of the prisoners and their Fundamental Rights as well. It is a problem that has continued despite the repeated focus on the issue and the judicial intervention that followed. This paper will analyse the impact of custodial torture and sexual victimisation of the victims in the Indian Prison System. It will analyse the impact of the practices on prisoners, the legislations in India to prevent such practices and the decisions by the Indian Courts. The International Principles on the same will also be discussed in order to provide suggestions to improve the condition of the prisoners and ensure that their basic human rights are cherished and preserved.

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