The word ‘Prison’ doesn’t means “to use sudden force” or “to cage”. The prison is an old age foundation. Prison is a place, properly arranged for those culprits through legal process are kept for safe custody while in trial or for punishment. All the human beings have their own fundamental rights. Likewise prisoners also entitled to some extent of their fundamental rights. In most of the part of the world the rights of the prisoners get deprived when they are behind bars, which is merely wrong even though he is an offender but still no one can take his human rights.

In Indian constitution, there was no express provisions related to the rights of prisoners but in the case of STATE OF ANDHRA PRADESH V. CHALLA RAMKRISHNAN REDDY,(2000) 5 SCC 712 AIR 2000 SC 2083. it was held that the prisoners are also a person and they will not lose their basic constitutional rights. The Supreme Case stated that a “prisoners whether a convict, under- trial or detenu, does not cease to be a being human being and while lodged in jail, he enjoys all his FRs as mentioned by the constitution including Article 21-right to life.”

Indian Jail Reforms Committee 1919-1920:

The Indian Jail Reforms Committee 1919-20 was appointed and headed by Sir Alexender Cardew to recommend the prison reforms. The Committee highlighted the need for reformative approach to prison inmates and discouraged the use of corporal punishment in jails. It emphasized the utilization of productive work for prison inmates so as to earn their own living. It was also highlighted that the maximum capacity of each jail should be fixed as per its shape and size. In 1949, the Pakwasa Committee accepted the system of utilising prisoners as labour for road work and the payment of wages for their work was introduced. Further, a Model Jail was established at Lucknow in 1949 where the prisoners were made to work on handloom machines and engaged in other home industries.

Mulla Committee

In 1980, the Government of India appointed an All India Jail Reforms Committee headed by Justice A.N. Mulla. The Committee recommended setting up a National Prison Commission to bring about modernization of prisons in India.  It emphasized on the removal of the existing conflict of prison administration at the Union and State levels. It would be advisable by Mulla Committee to constitute an All India Service called the Indian Prisons and Correctional Service for recruitment of Prison officials, so that the prison staff should be properly trained into different cadres. The Committee recommended a segregation for different categories of offenders were as follow:

• Separate prisons for under trials.
• Separate prisons for women.
• Separate institutes for juveniles and young offenders.
• Security prisons for hardened criminals.

The Repatriation Of Prisoners Act, 2003:

The Government of India brought out the Repatriation of Prisoners Act, 2003 with a view to providing for transfer of sentenced prisoners from India to another country or place. The Act provides that the Indian Government had to arrange the transfer of the prisoner undergoing a sentence of imprisonment under an order passed by the Criminal Court. The agreement of transfer has been mutually signed by both the countries but agreement come into force after ratification by both the countries.

Model Prison Manual, 2016:

The National Crime Records Bureau had drafted a Model Prison Manual in 2013 and 2016, which is a detailed document dealing with various issues such as custodial management, medical care, education in prisons, legal aid, vocational training, computerisation and skill development programmes etc. The Supreme Court held in Inhuman Conditions in 1382 Prisons A.I.R 2016 S.C. 993 case, to look into the aspects of jail reforms across the country and suggest measures to deal with them. The various aspects which Court mentioned were to fill up the vacancies for prison staff, preparation of manuals for prison officials and encourage open prisons.

In the case of Sheela Barse vs. State of Maharashtra AIR 1983 SC 378 where on the application of a journalist the Supreme Court took cognizance of the matter regarding the ill-treatment and poor conditions of the prisoners in the jail and issued certain directions namely:

• That interrogation of females should be carried out only in the presence of female police officers/constables.
• Whenever a person is arrested by the police without warrant, he must be immediately informed of the grounds of his arrest and in case of every arrest it must immediately be made known to the arrested person that he is entitled to apply for bail.
• That whenever a person is arrested by the police and taken to the police lock up, the police will immediately give an intimation of the fact of such arrest to the nearest Legal Aid Committee and such Legal Aid Committee will take immediate steps for the purpose of providing legal assistance to the arrested person at State cost provided he is willing to accept such legal assistance. The State Government will provide necessary funds to the concerned Legal Aid Committee for carrying out this direction.
• That as soon as a person is arrested, the police must immediately obtain from him the name of any relative or friend whom he would like to be informed about his arrest and the police should get in touch with such relative or friend and inform him about the arrest.
• That the magistrate before whom an arrested person is produced shall enquire from the arrested person whether he has any complaint of torture or maltreatment in police custody and inform him that he has right under section 54 of the Code of Criminal Procedure 1973 to be medically examined.

In view of the increasing incidence of violence and torture in custody, the Supreme Court of India D.K.Basu vs. State of West Bengal AIR 1997 SC 610 has laid down 11 specific requirements and procedures that the police and other agencies have to follow for the arrest, detention and interrogation of any person. These are:

1. Police arresting and interrogating suspects should wear “accurate, visible and clear” identification and name tags, and details of interrogating police officers should be recorded in a register.
2. A memo of arrest must be prepared at the time of arrest. This should: Have the time and date of arrest. be attested by at least one witness who may either be a family member of the person arrested or a respectable person of the locality where the arrest was made, be counter-signed by the person arrested.
3. The person arrested, detained or being interrogated has a right to have a relative, friend or well-wisher informed as soon as practicable, of the arrest and the place of detention or custody. If the person to be informed has signed the arrest memo as a witness this is not required.
4. Where the friend or relative of the person arrested lives outside the district, the time and place of arrest and venue of custody must be notified by police within 8 to 12 hours after arrest. This should be done by a telegram through the District Legal Aid Authority and the concerned police station.
5. The person arrested should be told of the right to have someone informed of the arrest, as soon as the arrest or detention is made.
6. An entry must be made in the diary at the place of detention about the arrest, the name of the person informed and the name and particulars of the police officers in whose custody the person arrested is.
7. The person being arrested can request a physical examination at the time of arrest. Minor and major injuries if any should be recorded. The “Inspection Memo” should be signed by the person arrested as well as the arresting police officer. A copy of this memo must be given to the person arrested.
8. The person arrested must have a medical examination by a qualified doctor every 48 hours during detention. This should be done by a doctor who is on the panel, which must be constituted by the Director of Health Services of every State.
9. Copies of all documents including the arrest memo have to be sent to the Area Magistrate (laqa Magistrate) for his record.
10. The person arrested has a right to meet a lawyer during the interrogation, although not for the whole time.
11. There should be a police control room in every District and State headquarters where information regarding the arrest and the place of custody of the person arrested must be sent by the arresting officer.
12. This must be done within 12 hours of the arrest. The control room should prominently display the information on a notice board. These requirements were issued to the Director General of Police and the Home Secretary of every State. They were obliged to circulate the requirements to every police station under their charge. Every police station in the country had to display these guidelines prominently. The judgment also encouraged that the requirements be broadcast through radio and television and pamphlets in local languages be distributed to spread awareness.
    These requirements are in addition to other rights and rules, such as:
    • The right to be informed at the time of arrest of the offence for which the person is being arrested.
    • The right to be presented before a magistrate within 24 hours of the arrest.
    • The right not to be ill-treated or tortured during arrest or in custody.
    • Confessions made in police custody cannot be used as evidence against the accused.
    • A boy under 15 years of age and women cannot be called to the police station only for questioning.

Statutory Rights:

Apart from the Constitutional rights there are also Statutory rights available to the prisoners. The Prisons Act, 1894 enacted for the functioning of the prisons, provides certain statutory rights to the prisoners. Section 4 of the Prisons Act provides for accommodation and sanitary conditions for prisoners. Section 7 provides for shelter and safe custody of the excess number of prisoners who cannot be safely kept in any prison.  Section 24(2) provides for examination of prisoners by qualified medical officers. Section 31 provides for separation of prisoners containing female and male prisoners, civil and criminal prisoners and convicted and under trial prisoners. Section 33 provides that every civil and unconvicted prisoner, unable to provide himself with sufficient clothing and bedding, shall be supplied with such clothing and bedding. Section 35 provides for treatment of under trials, civil prisoners, parole and temporary release of prisoners. Section 37 provides that a prisoner must be provided with a medical officer if he is in need or if he appears out of health in mind or body.

In Sunil Batra vs. Delhi Administration reported in A I R 1980 S C 1579, the Supreme Court issued several directives to the government regarding prison administration and observed that the norms laid down by the international organizations must be followed so as to respect the sanctity of the basic human rights of the prisoners. In this case, a letter written by a prisoner in Tihar Jail directly to the judges of the Supreme Court, complaining that the jail warden had pierced a baton into the anus of a prisoner to extract money from the victims relatives, was treated by the Supreme Court as a petition and proceedings were initiated.

Constitutional Rights for Prisoners

According to Article 21 of the Indian Constitution which prohibits any inhuman, cruel or degrading treatments to any person (either citizen or non-citizen) will be punished. In the same way, Prisoners Act, 1984 specifically deals with cruelty of prisoners. If any actions are taken on a prisoner without any court order, then the prison official is responsible for those actions. The Indian judiciary, especially Supreme Court in the recent past years has been very vigilant against encroachments upon the human rights of the prisoners. The provisions dealing with the prisoner’s rights are:

1. Right to Legal Aid: Our country is having a complex economic structure and is facing problems like poverty, destitution and illiteracy. Providing legal machinery itself is expected to deal with that. Legal Aid gives assurance to:

• Equality before law
• Right to Counsel
• Right to fair trial.

2. Right to be informed of the grounds of arrest: This is a statutory right of an arrested individual to be informed of the reasons for their arrest. Under Section 50 and Section 50(A) of the CrPC, the arrested person will have the right to get informed without any delay regarding his/her arrest. Even Article 22(1) of the Indian Constitution applies to the arrested person and specifies that, without being informed of any reason for such arrest, no person who is arrested is to be kept in custody. However, the accused does not have the right to select, decide by which other court the case is to be tried.

• According to Section 50(1) of the CrPC “Any police officer or any other person without warrant detaining a person should immediately notify the individual regarding the particulars of the offence for which the person is arrested or for which ground such arrest has taken place.”
• In accordance with Section 55 of the CrPC,before arrest, the Subordinate Official shall inform the person to be arrested of the material in writing given by the senior police officer indicating the offence or other grounds of arrest. Failure to comply with this rule will make the arrest unlawful.
• In case of an arrest under an arrest warrant, Section 75 of Cr.P.C. states that “the police or other enforcing official shall notify the person to be arrested and, if necessary, shall show him the warrant.” Non compliance with the provision makes the arrest unlawful.
• This privilege likewise has been provided by the Indian Constitution. Article 22(2) of the Constitution stipulates that “no individual arrested shall be held in custody without notification of the reasons for such an arrest and the right to consultation cannot be denied and can be defended by the legal practitioner of their choice.” The right for the arrested person to be informed is a valuable right.

3. Information Regarding the Right to be released on bail: Whoever is detained without a warrant and who is not accused of a non-bailable offence, the police officer should be notified that he is entitled to release on bail on payment of the security amount. This assists people who are arrested and not aware of their right to be released on bail for bailable offences.

4. Right To Be Taken Before A Magistrate Without Delay: Regardless of the reality, that whether the arrest was made with or without a warrant, the individual who is making such arrest needs to bring the arrested individual before a legal officer immediately. Further, the arrested individual must be limited in police headquarters just and no place else, before taking him to the Magistrate. These matters have been given in CrPC under Sections 56 and 76 which are as given below:

• Section 56 of CrPC states that “The arrested person should be taken to before the magistrate or the higher authority in the police department. If an officer arrests a person without a warrant, then he has to make an arrangement to take him safely before the magistrate or to the highest official in the police department”.
• Section 76 of Cr.P.C states that “The arrested person should be brought to the court immediately after a police officer or any higher authority executes an arrest warrant against the person”.
• Further, it has been specified in Section 76 that the arrested person should be brought to the court within the 24 hrs if not the police authority or the higher official will be blamed. The same has been counted in the Constitution as a Fundamental Right under Article 22(2). This privilege has been made with a view to dispose of the likelihood of police authorities from separating admissions or convincing a man to give data.

5. Right to Speedy Trial: One of the fundamental rights of a prisoner mentioned in Article 21 of the constitution. It ensures just, fair and reasonable procedure. It also ensures that prosecutor may not delay the trial of a criminal suspect arbitrary which serves the social welfare of the state and to give justice to the victims of the crimes.

6. Right against Solitary Confinement, Handcuffing & Bar Fetters and Protection from Torture: “Solitary Confinement”, according to Black’s law dictionary, in general sense, means the separate confinement of a prisoner, with only occasional access of any other person, and that too only at the discretion of the jail authorities and in stricter sense, it means the complete isolation of a prisoners from all human society and his confinement in a cell is arranged so that he has so no direct interaction or sight of a human being. In SUNIL BATRA V. DELHI ADMINISTRATION (1978) 4 SCC 409 it was held that solitary confinement could be imposed only in exceptional cases where a convict was of such a dangerous character that he must be segregated from other prisoners. Solitary confinement has a degrading and dehumanizing effect on prisoners. Constant and unrelieved isolation of prisoners represents the most destructive abnormal environment. Results of long solitary confinement are disastrous to the physical and mental health of those who are subjected to it.

7. Right to meet friends and to consult a lawyer: Prisoners are not only protected physically but also mentally. It is necessary for individuals to meet for the purpose of information. It is the right of people to consult lawyers and the act done by them directly affects the convict’s case. Visiting of friends and family members give them mental stability to survive in such a worst condition where people are unknown to each other. Section 50(3) of the Code additionally sets out that the individual against whom procedures have started has a privilege to be protected by a pleader of his decision. This begins when the individual is arrested. The discussion with the legal counsellor might be within the sight of cop yet not inside his listening ability.

8. Right to be examined by medical practitioner: Section 54 of Cr.P.C states “The examination of an arrested person by medical practitioner at the request of the arrested person can be allowed- When a person arrested, whether on charges or not, alleges that the examination of his body provides evidence, when he is produced before a Magistrate or at any time during his detention in custody, that reflects on any crime committed by the person or that he will commit any crimes committed by any other person against his body, the Magistrate shall, upon request of the arrested person, conduct a registered medical practitioner’s examination of the person’s body to the extent that the Magistrate does not consider this request for a vexation, for a postponement or to defeat the ends of justice.”

9. Right to Silence: The ‘right to silence’ was developed from the principles of common law. This implies that courts or tribunals should not typically presume that the individual is guilty just for not answering questions posed to him by the police or the court. In line with the laws of evidence, a police officer’s statement or confession is not permitted in a court of law. Confession is a major concern for the right to silence. The breaking of silence of the accused may happen before a magistrate, but it should be free and voluntary.

10. Right to reasonable wages: During the imprisonment, the prisoners are made to work in the prison and they must be paid at the reasonable rate. The wage rate should not be trivial or below minimum wages.

Article 20 protection in respect of conviction for offences

Article 20 of the Constitution provides for the protection in respect of conviction for offences. No one can be convicted for an act that was not an offence at the time of its commission, and no one can be given punishment greater than what was provided in the law prevalent at the time of its commission. Also, no one can be prosecuted and punished for the same offence more than once and can be forced to give witness against his or her own self.

Article 21 Protection of Life and personal Liberty

The right to life in Article 21 of Indian constitution does not mean animal existence or the mere act of breathing. It guarantees the right to a dignified life. Some of the rights that are currently included in the ambit of Article 21 includes Right to live with human dignity.

Article 22 of the protection of life and personal liberty

• It deals with the protection against arrest and detention in certain cases. 
• This article is applicable to both citizens and non-citizens.
• This provision extends certain procedural safeguards for individuals in case of an arrest.
• The idea behind this right is to prevent arbitrary arrests and detention.
• The article provides the following safeguards:
  • Article 22(1) – Any person who is in custody has to be informed as to why he has been arrested. Further, he cannot be denied the right to consult an advocate.
  • Article 22(2) – The arrested individual should be produced before a judicial magistrate within 24 hours of his arrest.
  • Article 22(3) – Nothing in clauses ( 1 ) and ( 2 ) shall apply (a) to any person who for the time being is an enemy alien; or (b) to any person who is arrested or detained under any law providing for preventive detention
• These safeguards are, however, not applicable to
  • Enemy aliens
  • People arrested under preventive detention law.

CONCLUSION

The rights of every individual are protected by Article 21 and these rights cannot be denied even by the State. Prisoners have all the rights that a free man has under certain restrictions. They are not deprived of their fundamental rights by just being in prison. It is also considered that the police frequently use their power to threaten arrested persons and use their authority to extort money. In addition, numerous reports of custodial violence led many to feel that deprivation of the basic rights of those who are arrested is becoming common. Each prisoner is entitled to a healthy and sanitary situation in prison. The prison situation should be adequately monitored in order to ensure the prisoners dignified life. Various new prison administrative efforts must be taken so that prisoners can live life with dignity after prison.