CHAPTER-III

PRISONER’S RIGHTS: WITH SPECIAL

REFERENCE TO WOMEN PRISONERS

The institution of prison is essential for every country as there cannot be a

society without crime and criminals. The prison’s history in India and

elsewhere evidently reflects the change in society’s response to crime

from time to time, so, the imprisonment system stands for a mixture of

different objectives of punishment. Thus, prison may be used as a method

of revenge by making the life of offender miserable and difficult or it

may serve to deter the offenders. The isolated life of prison and

incapacity of inmates to repeat crime while in the prison fulfils the

preventive purpose of punishment. That apart, prison may also serve as

an organization for the improvement and rehabilitation of offenders.

Whatever is the purpose of the punishment, the prison serves to keep

offenders under custody and control.1

The word “Prison” has been taken from the Latin word “Prensio”, “the

action or power of making an arrest.” The word “Prensio” had been

derived from the verb “Prehendere” or “Prendere”, which meant “to take

hold of, take into custody, arrest.” “Prensio” had a form “Prison” that

meant “capture” and “place of imprisonment”. The sense “captivity” was

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added in the 12th century. The Middle English word “Prisoun” came

from Old French. It was first recorded in a work written before 1121 in

the sense “imprisonment”. The sense “place of imprisonment” was

recorded soon afterward in a text copied down before 1225. Perhaps it

was actually written in the Old English period before the Norman

Conquest.2

The word prison has different meanings for different people. It is a place

where the criminals end up- ‘for the law abiding’. It may be a vague

hazard or an unavoidable indignity- ‘for the criminal’. It may be a shelter-

‘for the social inadequate’. It may be the only place where they can find

some semblance of championship- ‘for some isolated individuals’. It is

his place of work- ‘for a prison officer’. But an experience which slows

up time, which crowds them together, sets them apart and changes the

course of their lives- ‘for thousands of people’.3

Thus a prison is a place of detention. Prisons are places for under trials

also. They are places where the offender can be lodged for his

reformation.4

Prison, as conventionally defined, is a place in which persons are kept in

detention for pending trial. It is a place in which they are confined for the

sentence after conviction.

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The Oxford English Dictionary describes prison as “A place properly

arranged and equipped for the reception of persons, who by legal process

are committed to it for safe custody while awaiting trial or punishment”.5

According to the Government of India Prisons Act of 1870, prison means

any jail or place. This place is used permanently or for the time being

under the general or special orders of a Local Government for the

imprisonment of prisoners.6

The Encyclopaedia Britannica describes prison as an establishment for

the imprisonment of persons convicted of major crimes.7

HISTORY OF PENAL SYSTEM:

In the history of prisons, three phases are eminent in general. The first

phase lasted until the middle of the 16th century. During this phase, penal

institutions were mainly cells of detention rooms in secure parts of forts

or city, in which prisoners were kept. During the second phase, different

forms of sentences for certain types of offenders (mostly Juveniles) were

experimented. During the third phase, imprisonment, as a substitute for

all capital punishments was universally adapted.8

We can understand the development of prison system in reference to

England and America.

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DEVELOPMENT OF ENGLAND’S PRISON SYSTEM:

The 16th and 17th centuries were infamous for the application of death

sentence for many offences. In the prison, people were held before their

trial or while awaiting punishment. The most important improvement of

this period was the building of the model house of correction, ‘the

London Bridewell’. By the end of the 17th century, houses of correction

were immersed into the prison system.

The 18th century was known as the era of the 'Bloody Code'. But the

‘death penalty for all’ (except for the most serious crimes) had started

being opposed. By the mid-18th century, imprisonment including hard

labour, had begun to be seen as an appropriate sanction for small

offenders.

In 1777, John Howard described comprehensive reforms including the

setting up of paid staff, a proper diet, outside check and other

requirements for prisoners.

In 1791, Bentham planned the ‘panopticon’. It became the example for

prison building for the subsequent half century.

During the first half of the 19th century, capital punishment for most

serious offences (except murder) had been replaced by the imprisonment.

The first national prison was completed at Millbank in London, in 1816.

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In 1842, Pentonville prison was built. It used the ‘panopticon’ design.

This prison is still used. In 1877, prisons were brought under the charge

of the Prison Commission.

The Prison Act 1898 settled the penal-reforms which lie beneath today’s

prison policy. At the end of the 19th century, it was identified clearly, that

young people should have separate prison institutions. So the ‘borstal

system’ was brought-up in the Prevention of Crime Act, 1908. In 1933,

the first open prison was built at New Hall Camp which was situated near

Wakefield.

The Criminal Justice Act, 1948 put an end to penal servitude, hard labour

and whipping.

In April 1993, the Prison Service became an organization of government.

In the 2000s, private companies have also got involved in designing,

financing, building and running the prisons. Supporters of privatisation

find it cheaper and more innovative, while organisations like the Howard

League disagree with the private prisons and find them flawed both in

principle and in practice.9

THE AMERICAN PRISON SYSTEM:

The medieval period in the history of American colonies witnessed an era

of barbarism and deterrent punishment for criminals. Barbarous methods

of treating the prisoners eventually led to the passing of famous Penn's

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Charter of 1862. Penn’s Charter tried to put an end to brutal methods of

punishment on humanitarian grounds and bring out reforms in prison

administration. Earlier the ‘Quaker's Movement' in 1775 had led to

remodeling of Philadelphian prison on a new pattern. The prisoners were

classified into two main categories, namely, incorrigible or hardened

criminals. The condition of Philadelphian prison, however, deteriorated

towards the end of eighteenth century. Eventually, two model prisons

were set up; one at Pennsylvania and the other at Auburn.

The Pennsylvanian system was first introduced in the Walnut Street

Prison in Philadelphia in 1790. Solitary confinement of prisoners in

isolated cells was designed to bring about quick reformation but it

brought them unspecified miseries and a large number of inmates died.

To avoid these horrible results, the system of labour and work was

introduced for prisoners but it was to be done in isolated cells and not in

congregate shops. Consequently, this prison fell into disuse by the latter

half of the nineteenth century.

A new prison modeled on Pennsylvanian pattern was built at Auburn in

New York State in 1818-19. The distinguishing feature of this system was

that prisoners were to work in shops under a strict rule of silence, but it

was undoubtedly a brutal method of treating the offenders and it hardly

had any reformative impact on them.

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Donald Taft characterized the Pennsylvanian system as the separate

system and the Auburn system as the silent system.

The succeeding years, however, witnessed an era of revolutionary

changes by the ‘Elmira Reformatory’ in New York which provided for

indeterminate sentence, parole and probation. The opening of Reception

Centre at Illionis in 1933 marked the beginning of reformative era in the

American prison system. The conditions of health and sanitation were

considerably improved. The sentence of solitary confinement was

completely abolished. Despite a series of prison reforms, the condition of

American prisons, by and large still remains deplorable. The general level

of American prisons has been appallingly low. However, this attitude of

indifference has now radically changed due to human rights

consciousness of the American Judges. The constitutional rights of

prisoners in USA and are now well honoured and safeguarded.10 In 21st

century, role of human rights organizations has proved important in

America in the field of prisoner’s rights.

PRISON SYSTEM IN INDIA:

Ancient India:

In ancient India, prisons were only places of detention. Inside the prison,

an offender was detained, until the process of trial, judgment and the

execution took place. We can find the glimpses of the structure of the

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society in the writings of Manu, Yagyavalkya, Kautilya and others.

Indian society was established on the principles of these laureates. 11

After analysing the available data, historians gave a clear picture of jail-

life. According to the Hindu scriptures, the main aim of imprisonment

was to keep away the wrong doers, so that they might not taint the

communal order. Few Smiriti writers gave some information about jail.

Yagyavalkya had described that if a person’s involvement was proved in

the escaping of a prisoner; he had to suffer capital punishment. Vishnu, in

his writing, recommended sentence to an offender, who hurts the eyes of

a man. Various types of physical sentences were given like branding,

execution, disfigurement and death. According to the ancient Indian

penology, incarceration was the mildest type of penalty. 12

Fines were decided according to the Varna of the victim, for eg. 1000

cows were fined for murder of a Brahmin, 500 cows were fined for

killing a Kashtriya, and 100 cows were fined for a Vaishya.13

Kautilya explained the prison place as well as the instances when the

prisoners can be released. The prisons of that time were totally dark

holes. There were inappropriate hygienic conditions. No facility for

human lodging was available. According to Kautilya’s description,

Sannidhata had the charge of jail department. Bhanda Nagar, Adhyaksa

and Karka were some of the officials of the jail. The Adhyaksa was

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superintendent and the Karka was one of his assistants. Kautilya has

further described the responsibilities of the jailor as one who always

keeps watch on the actions of prisoners and the appropriate operations of

the prison.14

Prof. Ramachandra Dikhitar in his book entitled “Mauryan Polity’’ has

stated that Ashoka was familiar with Kautilya’s Arthashastra. Ashoka

affected twenty five jail releases in the course of 26 years since he

became the king.15

In the post Ashokan age, the jatakas provided a portrait of the prisoners’

release at the time of war. From Harsha Charitha, it came into view that

the prisoners’ condition was not satisfactory. According to Hiuen –

Tsang, prisoners were freed at the time of regal coronation.16

So it is clear from the above information that standard prison system, as

such, did not exist in ancient India. We cannot compare the ancient prison

system with today’s modern prison system in India.

Mediaeval India:

During the Mughal period, Quran was the main source of law.

Imprisonment was used mainly as a way of detention only. There were

castles situated in different parts of the country, in which the criminals

were locked up during their pending trail and final judgement. There were

three groups of crimes, namely, crime against God, crime against State

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and crime against private persons and there were four types of

punishment for the offences. They were, Hadd, Tazir, Quisas and Tasir.17

The first famous ‘Noble prison or Castle’ of Mughal India was in

Gwalior. Second ‘Noble prison or Castle’ was in Ranathambore and the

last one in Rohtas. The prisoners were released on special occasions.

Shahajahan ordered to liberate the prisoners in 1638 AD at the time of

carousing the healing from illness of the favorite Princess, Begum

Sahib.18

Some rooms in forts (Bhandhikahanas or Adab – Khanas) were retained

for prisoners, and offenders who had committed grave crimes.19

During the Maratha period, death penalty, disfigurement and fine were

more common forms of punishments than imprisonment. Various forms

of punishment (of the ancient and Mughal period) continued in Maratha

period also.

So, it can be said that during the pre- British period, there were no

modern prisons; there was no organised internal administration and rules

for maintenance of prisons; there was no separate prison service subsisted

and courts did not provide centres for prisons.20

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Modern India:

Prison system during modern India abolished the old fashion system of

barbarous punishments. In 1784, the British Parliament authorized the

East India Company to rule India. Since then some efforts were made to

bring in reforms in the administration of Law and Justice.21

At that time, the jails were an expansion of Mughal rule. These jails were

handled by the staff of the East India Company (for the extension of

trade). 22

In 1835, Lord Macauly proposed to prepare an improved plan of prison

discipline and to advocate reforms, he made the jail at Alipore, a model

for other prisons. The council accepted Macauly’s proposal. A committee

namely ‘The Prison Discipline Committee’ with Hon’ble H Shakespeare

as President and Lord Macauly as one of the members was formed.

The Prison Discipline Committee, 1838, drove the attention of the rulers

of India to various problems of the administration of Indian Jails. It

condemned the corruption and the negligence of discipline. The

committee supported increased strictness of treatment.23

According to the suggestions of the committee, a Central Prison was built

at Agra in 1846. This was the first Central Prison in India. After this,

more Central Prisons were created. They were at Bareilly and Allahabad

in 1848, at Lahore in 1852, at Madras in 1857, at Bombay in 1864, at

Alipore in 1864, at Banaras and Fatehgarh in 1864 and at Lucknow

1867.24

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The post of first Inspector General of Prisons of the North Western

Province was created in 1844 (on an experimental basis for two years).

This was extended further. In 1850, the Government of India made it an

eternal post and in 1870, the Government of India approved Prisons Act.

It laid down the requirement for a Superintendent, a Medical Officer, a

Jailor and subordinate officers.25

The Prison Act, 1870, was about the duties of the prison officials and it

stressed upon the need to separate the male prisoners from females, child

offenders from adults and criminals from civil offenders.

The Joint Commission, 1919, suggested ‘Borstal School’ like separate

establishments. This commission stressed upon the need to keep separate

the under trials from the convicted. 26

The Government of India Act, 1919, shifted the jail department from the

control of the Government of India to the Provincial Governments. So,

this constitutional change proved a setback to the prison reform

movement.27

The Government of India Act, 1935, transferred the subject of jails from

the centre list to the control of provincial governments, so, it further

abridged the option of homogeneous functioning of a prison policy at the

national level.

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Dr. W.C. Reckless’ report, 1951, titled 'Jail Administration in India',

made an appeal for changing jails into reformation centres. This appeal

was also supported by the Eighth Conference of the Inspector General’s

of Prisons (1952).

The All India Jail Manual Committee, 1957, gave its report in 1960. It

made strong appeal to prepare a uniform policy for the prison system. It

also gave important suggestions regarding jail administration, juvenile

and remand homes, certified and reformatory school, borstals and

protective homes, etc.

The Model Prison Manual (MPM) was presented by the committee in

1960 for implementation. On the basis of its guidance, the present Indian

prison management is administered.

The Mulla Committee, 1980, gave its report in1983.The basic objective

of the Justice A. N. Mulla Committee was to re-examine the

commandments, rules and regulations keeping in view the whole

objective of shielding society and restoring offenders.

The Krishna Iyer Committee, 1987, undertook a study on the situation of

women prisoners in India. It suggested bringing on more women in the

police force because women officials play special role in dealing with

women and child offenders.

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The Supreme Court, in Ramamurthy vs. State of Karnataka, also gave

directions for a uniform policy of prison laws and to prepare a draft

model prison manual.

The All India Committee on Jail Reforms (1980-1983), the Supreme

Court of India and the Committee of Empowerment of Women (2001-

2002) have all stressed upon the need for a complete review of the prison

laws but the pace of any change has been disappointing. 28

The prison system in India is a clever formation of the colonial rulers

with the main object of making imprisonment “a fear for wrong doers”.29

But in 21st century the Supreme Court of India has protected and nurtured

the prisoner’s rights jurisprudence through a sequence of rulings. The

rights to get information and role of NGOs have proven decisive in prison

reforms in India.

OVERALL STATISTICAL VIEW OF INDIAN PRISONS

The snapshot on prison statistics, as published by the National Crime

Record Bureau (NCRB), New Delhi, as on 31st December, 2011 shows

that the details regarding various prisons in India are as follows:

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 Jails Numbers

Total Jails in India 1371

Central Jails 133

District Jails 333

Sub-Jails 809

Open Jails 44

Special Jails 30

Women Jails 19

Other Jails 03

So, in the view of above detail, it can be stated that we still have very

few open jails and women jails, which is a matter of concern.30

PROBLEMS OF PRISONERS IN INDIA:

There are some major problems which trouble the system. These

problems need precedent attention of the society.

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• Overcrowding:

This is the most noticeable problem, but still, no solution has been found.

Prisons in places like A.P., Gujarat, Haryana, M.P., and Maharashtra are

badly overcrowded. Even in Delhi, Tihar Jail holds 8700 prisoners;

though its capacity is 2200 only. There are various reasons for over

crowdedness in jails, like, excessive delays in trials, larger number of new

admissions than capacity, inmates’ incapability to pay the fines imposed

on them by courts, inmates’ incapability to earn meals for themselves

outside the jail, even, unwillingness of some prisoners to pay

"maintenance" to their wives as ordered by courts.

Variety of measures can be taken to solve this serious problem. Such as,

non-criminal offenders like ticketless travellers and alarm chain-pullers

should be dealt with alternative measures. The National Police

Commission revealed that 60% of all arrests were either needless or

unfair which resulted in overcrowding and wastage of expenditure of

jails. So, following the guidelines set by the Supreme Court would be an

effective way to reduce overcrowding in jails.

• Delay in Trial:

Delayed trials in the courts have created a serious problem for the system.

This was highlighted by the Mulla Committee, National Police

Commission and through Public Interest Litigations, but, no sign of

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improvement has been seen. Courts are overloaded and it was reflected in

1978, when the pitiable plight of under-trials of Bihar Jails, mainly due to

massive overcrowding in courts, brought to light by K.F. Rustomji,

resulted in the matter being noted by the Supreme Court. Situation is not

very different even today. The National Human Rights Commission has

also pointed out this problem of delay. It is affecting the under-trials,

including many foreign nationals in various jails in the country. It is the

worst aspect of prison administration that has affected the human rights

of prisoners. Improvement will be possible only by the joint efforts of all

three links; police, judiciary and the legal professionals. Delay begins at

the investigation stage itself.

Lack of streamlined supply system to give copies of relevant documents

to the accused, long process of recording evidences and examining

witnesses, separation of prosecution from the police etc. can be counted

as lapses on the part of the judiciary.

Inadequate manpower also results in late production of prisoners or no

production, on the dates of hearing in the courts.

Cases are suspended for a couple of months at a time, which further

exacerbates delay.

A large number of proposals have been made to decrease delays but still

it is one of the major problems of the system.31

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• The Problem of Prison Discipline:

The problem of prison discipline has always been the center of attention

of penologists all over the world. The main aim of making prisons is to

generate a sense of detestation for prison life among the members of

society. The prison life restricts the liberty of inmates against their free

will. Through the agency of prison, prisoners realize helplessness agains

compelling forces of the state. This sense often leads to fight between

prison officials and the inmates. Prison-riot, which is basically a result of

the joint project of inmates, also creates problem for the prison discipline.

Causes of such riots and turbulences are basic disciplinary incidents,

political instigations, parting from members of family, dull routine of

prison life, differences with the prison staff and partial treatment of jail

officials towards some inmates.

• The Problem of Criminality in Prisons:

Separation from the family and constant absence from normal life of the

society deprives the inmates of sex fulfilment which is one of the

fundamental natural urges of human life. This situation leads the

prisoners towards offences (such as personal assaults). Paroles and

periodical reliefs should be granted to solve it (like some western

countries). Petty thefts of necessary articles (soap, oil, utensils) and

frequent quarrelling are other causes of criminality among prison inmates.

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The tendency of breaking the rules of the prison, corrupt practices

resorted by some jail officials and rough-tough behavior of prison staff

become reasons of dissatisfaction and cold war among prisoners and that

leads them towards criminal behavior.

• The Problem of Prisoners’ Health:

Sections 37, 39-A, 39-B and 39-C of the Prisons Act deal with unwell

prisoners and necessitate that prisoners at the time of their admission in

prison be asked about their health (particularly related to tuberculosis and

AIDS etc.).They should be asked about the treatment also, which they

have undergone for the disease. This will be helpful in giving such

prisoners special treatment and they may be kept apart from rest of the

inmates. It is the duty of the state to train the volunteers for nursing in

prison and develop a system of self-help for safety against diseases like

T.B. or AIDS etc. Presently, prisoners do not get sufficient medical care

and as a result, they suffer from a number of health problems.

• The Problem of Prison labour:

Work is the best way to engage the prisoners in productive manner, to

channelize the prisoners potential for a useful purpose, to keep the

prisoners mentally and physically fit, to infuse self-confidence among

them, to help them in their rehabilitation, to make them law abiding

citizens and to help them to earn the wages which can be utilized for

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supporting their family and dependents. Work would be useful to inmates

and at the same time remunerative to the state. But the working

conditions of prisoners are not similar to the free workers. Minimum

wages have been paid to prisoners for their labour after taking away the

expenses incurred on them, though it is not only the legal right of a

workman to have wages for the work, but also a social imperative and a

moral obligation.

• The Problem of Adaptation in Prison Community:

As par Dr Sutherland’s observation, at the time of admission in the jail, a

prisoner goes through the process of prisonisation which is similar with a

child’s socialization process by his elders. Every new prisoner learns the

rules of the prison and gradually adapts himself to the situations of prison

life. Sometimes, a few of them (often political prisoners) presume the role

of 'leaders' and pose to look after the interest of other inmates. These

leaders prove helpful to maintain harmony inside the prison. Prisoners

categorize themselves casually into different groups according to their

response to prison life and prison activities but at times, this trend breeds

groupism and make the adaptation difficult.

• The Problem of under trial prisoners:

The problem of under trial prisoners has assumed new proportions in

recent years. Thousands of under trial prisoners are languishing in various

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jails for much longer periods than the maximum term for which they

could have been punished, if found guilty. Many of them are innocent

persons who are caught in the web of the law, eagerly waiting for their

trial date and several of them are even prepared to confess their crime and

accept the sentence. Pre-trial detention, long police investigation,

unsatisfactory bail system and legal representation are reasons behind this

problem.32

• The Problem of Privacy and Communication:

Prisoners face the problem of poor communication and privacy between

them and their relatives, friends and legal advisors. Many of these

aspects have been dealt with in the Mulla Committee Report and deserve

urgent execution.

• The Problem of Hygiene:

Overcrowding has enhanced the problem of cleanliness. In many jails,

conditions are terrible. In such jails, latrine and bathroom facilities are

insufficient to cater to the everyday small needs of prisoners.

• Lack of Effective System of Jail Visitors:

Visitors, together with judicial and non official members, pay superficial

attention to peripheral matters. They do not take pains to go into the

details of major problems, like the long confinement of under trials,

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shortage of Medicare, problems faced by female prisoners, etc. There is a

vacuum of effective system of jail visitors which should be taken care of.

• Lack of Sentence Revising Board:

There is no uniformity among states about remission. The Mulla

Committee had noticed that the remission system usually functions in a

random manner. It has little regard to individual differences and the

merits of each case. So, lack of Sentence Revising Board is also a

problem.

• Lack of Open Prisons:

According to the Mulla Committee, to create a positive environment

inside the prisons we need open prisons. We still lack open prisons in

India.

• Administrative Matters:

i) There is a lack of the requisite expertise in prison administration.

ii) There is a lack of proper postings of Senior Officers having

experience of correctional administration and the requisite

expertise both at the centre and in the States.

iii) There is a lack of acceptance of “Model Prison Manual”, which

was prepared and circulated to all states as far back as 1970. But

still, the position has not changed.33

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PROBLEMS OF WOMEN PRISONERS IN INDIA:

Women in the modern prison face many trials and tribulations; some are

because of their lives prior to imprisonment, others are because of their

imprisonment itself. But their most important issues remain unaddressed

in the prison environment.

• Separation from children and significant others:

Studies have found that almost 75 percent of women prisoners were

mothers and most of them had children under the age of eighteen. So, in

this scenario, mothers in prison face many problems. They have a

challenge to maintain relationships with their children. Apart from this,

the distance between the prison and the children's homes, lack of

transportation, children’s trauma, emotional reactions (anger, anxiety,

depression, and aggression) and inadequate economic resources are other

worrying issues. Even mothers of new born babies cannot spend adequate

time with their infants. Though, family reunification, rather than

extinction of the mother's parental rights, should be a major cause of

concern of correctional policy for women prisoners.

• Lack of substance abuse treatment:

Inadequate personality evaluation, imperfect treatment for pregnant,

mentally ill, and aggressive women offenders, and a lack of proper

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treatment and occupational training are those flaws which limit the

effectiveness of the few programs that exist. Women substance abusers

are more prone to strong emotional suffering, mental symptoms, and low

confidence than male inmates.

• Lack of physical and mental health care:

Some women prisoners often have specific health requirements related to

their offensive (risky sexual and drug-using) behavior, prior to their

imprisonment. Since population of female prisoners is growing

continuously, women prisoners are also at risk for communicable

diseases, including HIV, tuberculosis, sexually transmitted diseases, and

hepatitis B and C infections.

Pregnancy and reproductive health are also sensitive areas of health care.

Mental health disorder is also a major cause of concern appurtenant to

health care. Almost 25 percent to 60 percent of the female prison

population requires mental health services. So, lack of proper and

comprehensive healthcare of women prisoners, is a major issue.

• Lack of vocation and educational programs:

There is a lack of educational and vocational programs for women

prisoners. They are offered fewer vocational and educational program

opportunities when compared to male offenders. One aspect of this

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meagreness is that many vocational programs for female inmates stress

upon traditional roles for women and work.

• Sexual abuse:

The problem of sexual abuse and compulsion is continuing in the modern

era. ‘Human Rights Watch’ studied this serious problem. There are four

major reasons behind this situation; women prisoners’ incapability to get

away from the abuser, ineffective investigative and complaint procedures,

lack of worker responsibility (either criminally or administratively) and

little or no community concern.

• Disparate disciplinary practices:

Studies have found that women prisoners were named more often and

punished more harshly than males. This situation is very bad for women

prisoners’ self esteem and mental health.

• Gender-specific treatment:

We do not have many options in our system to deal with the gender and

culturally specific problems of female offenders. Gender-specific services

should add in physical, psychological, emotional, spiritual, and socio-

political issues in dealing with these needs. Since women offenders differ

from male offenders in many ways, the requirement for gender-

responsive treatment and services is the need of the hour. 34

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RIGHTS OF PRISONERS UNDER INTERNATIONAL LAW:

Various international treaties comprise . Most of these

treaties came into existence following the . International

law continues to add and amend prisoners’ rights.

• Third Geneva Convention, 1929:

The was changed by the

Third Geneva Convention in 1949. All 193 signatories to the

are bound by the Geneva Conventions.

The describes and supports humanitarian

security for prisoners of war. Prisoners of war may not be abandoned

from their rights protected by the Conventions. 35

• United Nation Charter:

The UN charter is the primary source of authority for human rights. One

of the principal aims of the organization is stated in the second preamble

paragraph of the charter. It states that it aims to endorse trust in

fundamental human rights. It believes in the pride and equal rights for

men and women.36

• Universal Declaration of Human rights, 1948:

Universal declaration of human rights grants some basic values based on

worldwide notions like parity of conduct; right to life, freedom and safety

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of person; freedom from anguish and freedom from brutal or humiliating

behaviour.37

• UN Standard Minimum Rules for the Treatment of Prisoners,

1955:

The standards set out by the UN are not lawfully compulsory but offer

guidelines in international and municipal laws regarding any person being

held in any form of custody. The document states that in custody a person

shall be provided with personal sanitation, clothing and bedding, food,

work out and game, medicinal services, discipline and punishment etc. In

custody, a person shall not be denied contact with the outside world,

books, religion and prisoners’ property.

• International Covenant on Civil and Political Rights, 1976:

Article 10 of the International Covenant on Civil and Political Rights

states that any person deprived of their freedom shall be treated with

kindness and dignity. The article further emphasizes on the need to

separate the prisoners in pre-trial detention from those already convicted

of crimes and to separate accused juvenile prisoners from adults and

bring them before trial promptly. 38

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• Amnesty International, 1955:

The Amnesty International adopted certain rules in1955 for the treatment

of prisoners, which opposes any prejudice among prisoners on grounds of

sex, religion, political or other opinion, national or social origin and birth

or other category. It further states that hygienic conditions for living

should be made; the food served must be of nutritional value; services of

qualified medical officers, having knowledge of psychiatry, should also

be made available; under trials should be separated from convicts.39

• Code of Conduct for Law Enforcement Officials, 1979:

According to this code, all those who exercise police powers shall value

and protect human self-esteem. They shall defend the human rights of all

persons. Those who exercise police powers shall use power only when

required and only to the amount required to perform their duties.

• Safeguards Guaranteeing Protection of the Rights of those

facing the Death Penalty, 1984:

According to the Economic and Social Council resolution 1984/50,

capital punishment may be forced only for deliberately committed serious

crimes with fatal or very severe consequences (in the countries which

have not abolished the death penalty). It further states that persons below

108
18 years of age, expecting women, new mothers or persons who have

become insane, shall be excluded from the penalty.

• The Milan Plan of Action, 1985:

This plan was (adopted by the Seventh Crime Congress, Milan, which

sustained from 26 August to 6 September 1985) endorsed by the General

Assembly in resolution 40/32. This plan states that governments’ main

concern should be the crime prevention and criminal justice through

increasing proper means. Priority must be given to fighting terrorism in

all its forms.

• Guiding Principles for Crime Prevention and Criminal Justice

in the Context of Development and a New Economic Order,

1985:

These principles (adopted by the Seventh Crime Congress, Milan) were

continued from 26 August to 6 September 1985, and sanctioned by the

General Assembly in resolution 40/32.According to these principles,

national economy and social structures should be changed to accompany

appropriate criminal justice reforms. These principles state that crime

prevention should deal with harmful crimes such as economic crimes,

environmental offences, illegal drug trafficking, terrorism, apartheid and

other similar crimes.

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• Model Agreement on the Transfer of Foreign Prisoners and

Recommendations on the Treatment of Foreign Prisoners,

1985:

This agreement was adopted by the Seventh Crime Congress, Milan,

which continued from 26 August to 6 September 1985, and approved by

the General Assembly in resolution 40/32. Model agreement states that

the social resettlement of wrongdoers can be encouraged by making

possible the return of persons convicted of crime abroad to their home

country, to serve their punishment.

• Standard Minimum Rules for the Administration of Juvenile

Justice, 1985:

These rules were adopted by the General Assembly on 29 November

1985 (resolution 40/33), on the recommendation of the Seventh Congress.

According to these rules, all the member states shall guarantee basic

procedural protection (at all stages of trial) to juveniles and their families;

like the right to stay quiet, the right to counsel, the right to the presence of

a parent or a guardian etc.

• Standard Minimum Rules for Non-Custodial Measures, 1990:

These rules were adopted by the General Assembly as resolution 45/110

on the recommendation of the Eighth Congress. According to these rules,

110
the use of non-custodial ways should be encouraged and minimum

protection should be established for persons, subject to options to

imprisonment.

• Model Treaty on Extradition, 1990:

This treaty (adopted by the Eighth Crime Congress, Havana) continued

from 27 August to 7 September 1990. According to this treaty, the

signatory states shall extradite to the other state any person who is wanted

in the demanding state for prosecution for an extraditable crime or for the

enforcement of a sentence in respect of such crime.40

• European Convention for the Prevention of Torture and

Inhuman or Degrading Treatment or Punishment:

This Convention came into force on 1 March, 2002. The European

Committee, established by the convention is permitted to visit all places

of confinement, defined by the convention as “any place within its

jurisdiction where persons are deprived of their liberty by a public

authority”.

• Convention on the Rights of Persons with Disabilities:

This Convention came into force on the 30th March, 2007 and has 82

participants. Article 13 of the Convention provides that persons with

disabilities shall be ensured effective access to justice by the signatory

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states. For this purpose, states shall promote appropriate training for

police and prison staff. 41

RIGHTS OF WOMEN PRISONERS UNDER INTERNATIONAL

LAW:

The special status of women is acknowledged and protected by two

types of provisions; one requiring women detainees to be accommodated

separately from men, and the other on the question of discrimination. The

law provides that the rights and special position of women prisoners

should be recognised by all police officials. Men and women should be

kept as far as possible in separate establishments. In an institution, which

houses both men and women, the premise marked for women is to be

kept completely separate. Women police officials to supervise women

detainees. Women detainees are to be searched by women. Measures

applied under the law and planned exclusively to defend the rights and

exceptional position of women, particularly pregnant women and tending

mothers, shall not be deemed to be discriminatory. All law enforcement

officials must be aware of the standards which they have to comply with,

in their treatment of detainees and of those standards, relating particularly

to women. Officials with command and supervisory responsibilities are to

ensure compliance with those standards. Sufficient numbers of women

police officials to be appointed, trained and appropriately deployed, so

112
that they are available to supervise and if necessary, search women

detainees. Facilities for the detention of women by police need to be

sufficient to respect the rights and special status of women detainees-

especially in respect of the requirement for women to be detained

separately from men. The sensitization of police officials to the human

rights of women in the process of law enforcement and the rights of

women in terms of their needs and special status as persons who require

protection under law enforcement is also essential.

The basic message to be derived from this chapter is that human rights

cannot be restricted under the jurisdiction of the state or its agents.

Actually, they are a lawful concern of international community. From last

half century, international community is busy in setting standards,

establishing implementation mechanisms and monitoring compliance

with the standards.42

CONSTITUTIONAL STATUS OF PRISONERS IN INDIA:

The right to life and personal liberty is the most valuable right of human

beings. In today’s times, many contemporary constitutions have included

certain basic rights, together with the one relating to individual liberty.

Englishmen laid stress upon the absolute rights for their citizens. These

were the rights of personal security, personal liberty and private property.

The American Declaration laid stress upon equality and inalienable rights

113
of life and liberty. The different declarations of human rights and

fundamental freedoms have kept one focus in common, which is, ‘the

sanctity of life and liberty’. Effective enforcement of the law in a

democracy is based on an equitable balance between the rights of the

individual and the welfare of the society. The individual relinquishes a

portion of his personal prerogative through the legislative process in order

that he and his fellow citizens may be free from criminal activities. Thus,

law enforcement depends upon legally sanctioned interference with

individuals rights.

Rule of law constitutes the core of Indian constitution. Exercise of powers

by the state, whether it is legislative or the executive or any other

authority, should be within the constitutional limitations. Preamble of

Indian constitution, Article 14, 21 and 22 enshrine fundamental rights

relating to personal liberty and states that a prisoner, on his being

imprisoned, does not lose all his rights. He loses only a part of his rights

that are the necessary consequences of his confinement and the rest of the

rights are preserved. Basic commitment of our Constitution is to foster

human dignity and the well-being of our people.43 Thus, in India,

prisoners are given important rights:

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• Prisoners do not lose their fundamental rights:

A convicted person cannot be denied his/her fundamental rights because

of the conviction. The convicted persons are permitted all constitutional

rights unless their freedom has been constitutionally curtailed.

Institutional needs and objectives and the provisions of the Constitution

should adjust properly according to human rights. For instance, public

lectures by prisoners may be denied but conversation with fellow

prisoners cannot be.44

• Right of the arrested person:

A person who is arrested gets three rights. The first is that he must be

specified why he is being arrested. The next is that the person arrested

must not be detained in custody for more than 24 hours without being

produced before a Magistrate. The third is that he gets a right to discuss

with and to be protected by a legal practitioner of his preference.45

• The Handcuffing only under Court supervision:

According to the law, handcuffs or other shackles shall not be

compulsory for a prisoner (convicted or under trial), whether the prisoner

is wedged in a jail or while being transported from one jail to another or

from jail to Court and back. But, if the Police or the jail authorities have a

concrete proof or finding about the plan of escaping of a particular

prisoner, the Magistrate may grant a permission to handcuff the

prisoner.46

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• Right to health:

In our country, ‘the right to health’ has been granted to all the citizens

including prisoners. According to it, prisoners have a right to get the

maximum possible standard of physical and mental health. The state has

an obligation to the patient (whether he is an innocent person or a

criminal) to preserve life.47

• Right to free legal aid:

For an arrested person, the police should, without delay, give intimation

to nearest Legal Aid Committee and such committee will make sure that

legal support at state cost is provided to arrested person.48

• Rights regarding police custody and remand:

Freedom of an individual must yield to the security of the state. The right

to interrogate the detenus, culprits or arrestees in the interest of the

nation, must take precedence over an individual’s right to personal

liberty. A person arrested for an offence under the Act can be produced

before a Judicial Magistrate, who can remand the accused to custody of

investigating agency for a total period of fifteen days, and such

Magistrate can remand the accused to judicial custody from time-to-time

but each time it shall not exceed fifteen days. 49

Art.-22 of the constitution of India states that every arrested or

detained person shall be produced before the magistrate within the time

116
prescribed therein and there shall be no detention beyond the said period

without the authority of the said magistrate.50

• Right to speedy trial:

The right to a speedy trial may not be a constitutional right in India, but it

is implicit in the right to a fair trial which is held as a part of the right to

life and liberty assured by Art 21 of the constitution. It is the

constitutional obligation of the state to devise such a procedure as would

ensure speedy trial to the accused.51

• Capital punishment in rarest of rare case:

In India, the Indian Penal Code provides for death penalty for seven types

of offences. But death sentence need not be meted out, if other

punishments are also provided for.52

• First appeal against conviction is a constitutional right:

Keeping in view the expansive definition of Art-21, right of appeal (from

a Judgment of conviction), is also a fundamental right. Every accused

person sentenced to death by a Court of Sessions has not only a right, but

an undeniable right to file a first appeal on facts to the High Court against

his conviction and sentence.53

• Equality in privileges is a fundamental right:

Article 14 of the Constitution of India states that, the State shall not deny

to any person ‘equal protection of laws’ within the region of India. Equal

117
protection means the right of equal treatment in similar circumstances.

Thus, it is clear that equal treatment must be in the privileges conferred

and in the liabilities imposed. Article 15(1) of the Constitution states that,

the State shall not differentiate against any citizen (on grounds of

religion, race, caste, sex, place of birth). Articles 14 and 15 (1) clearly

shows that, there cannot be any discrimination among the persons

similarly situated and there cannot be any discrimination on the ground of

place of birth. The classification for the purpose of discrimination must

be based on reasonable basis and must have nexus to the object wanted to

be attained. Equality does not mean equal treatment of all persons: it

merely guarantees the application of the same laws without

discrimination to all persons similarly situated.54

• No solitary confinement of condemned prisoners:

The jail authorities will be justified in taking precautionary measures and

imposing special conditions like putting in separate wards etc.,

considering the safety of prisoner under death sentence. But, it cannot

imply that each one should be kept in a separate room as it will amount to

solitary confinement, whatever the term used. Day and night watch, also,

can be arranged for security and safety of the prisoners. The jail

authorities are competent to take all steps for safety and security of the

prisoners in conformity with the Jail Rules, but they cannot be treated as

condemned prisoners and put in condemned cell or separate cell.

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• Wages to be paid to prisoners:

State shall pay reasonable wages to prisoners so that, motivation for work

is generated. Reasonable wages need not be the equivalent of minimum

wages. Cost of support of prisoners, circumstances that lead to

incarceration etc. can be reckoned in fixing such wages. Broadly stated,

something in the approximation of half the statutory minimum wages

should be reasonable. State will also take appropriate measures for

creation of a fund, for victim care to which an appreciable part of

prisoners' earnings could be diverted.55

• Right to compensation:

It is now a well accepted proposition that monetary compensation is an

appropriate and effective remedy to restore the violation of the

fundamental right to life of a citizen by the public servants and the state.

In Rudal Shah vs State of Bihar, the petitioner was detained illegally in

the prison for over fourteen years. After his acquittal in a trial, the

Supreme Court ordered the state to pay to the petitioner a total sum of Rs.

35,000. In Bhim Singh v. State of J&K, the court awarded compensation

of Rs. 50,000 to the petitioner for his detention. Indeed, no provision is

stated in the constitution of India to grant compensation for violation of a

fundamental right to life; nonetheless, the courts have judicially involved

the right to compensation in cases of established unconstitutional

deprivation of personal liberty of life.56

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• Right against infiltration of police inside prison:

The infiltration of policemen into prisons must generally be deprecated

for under trial prisoners who are remanded to judicial custody. They are

to be immune from the coercive influence of the police. Such

interferences are against "the very essence of a scheme of ordered

liberty".57

• Right to have Interview with the relatives and friends:

A prisoner has a right to have interviews with the members of his family

and friends and no prison rule or procedure can stop him, without a valid

reason.58

• Right to publish works:

The prisoner has a right to publish his work, if it does not violate prison

regulations. The prisoner can write book and get it published. Mere fact

of his confinement cannot prevent him from exercising this right which is

guaranteed under Art 19 and 21 of the Constitution of India. The refusal

of the State Government to release the manuscript on scientific interest,

written by a prisoner for publication was held to constitute an

infringement of the personal liberty of the detenu in derogation of the law

under which he was detained.59

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• Bail in bailable offences is a statutory right:

Bailable offence is an offence where bail can be claimed as a right. In

case of bailable offences, the arrested person has the right to be released

on bail if he can arrange sureties.60

• Right of compulsory bail:

The Criminal Procedure Code mandates that an arrested or detained

person shall be produced before the concerned or nearest Magistrate

before 24 hours, not including the time consumed during journey to the

Magistrate’s Court. The Magistrate cannot approve the detention of the

charged person in custody for a period more than 90 days (if the

investigation relates to an offence carrying a punishment of death,

imprisonment for life or imprisonment for a term of not less than 10

years), or 60 days where the investigation relates to any other offence, if

the accused person is ready to furnish bail.61

• Execution of death sentence:

Another aspect of the rights of the prisoner is that whether sentence of

death can be executed in a cruel or degrading manner. The court directed

that the execution of the death sentence should be carried out in terms of

the procedure provided in the rules mentioned in the jail manual only,

unless by that time any amendment was made in the rules. The jail

manual does not contain any provision permitting public hanging. The

apex court held that the execution of death sentence by public hanging

121
would be a barbaric practice and thus, would be a violation of Art 21 of

the constitution.

• Prisoners' conjugal rights:

Conjugal rights of prisoners have become a very strong issue. There is no

authoritative pronouncement by Indian courts except an observation by

Justice Hansaria that the conjugal visits of the prisoners are of great

importance. There is no logic for denying the same right to prisoners.

They have their emotional and biological needs.62

• Every accused has a right to engage counsel of his choice:

Sec. 303, Cr.P.C. states that, any person against whom trial is instituted

under this code, may as a right, can be protected by a pleader of his

preference.

The definition, ‘pleader’ includes not only registered practitioners or

advocates, but also other persons appointed with the permission of the

Court to act in such proceedings. Public Prosecutors are appointed by the

Government only for conducting prosecutions in the Courts and they are

full-time Government servants.63

• Right to Religion:

India is a secular state. The state is neutral towards any particular religion

but it protects the faith of all religious institutions. Religious liberty is

essential, as well as, a healthy sign of a democratic state. The Indian

122
constitution through Article 25 (1) grants the ‘freedom of religion’. It

states that citizens of India have the right to freely admit, practice and

promulgate religion. This right remains in prison too.64

CONSTITUTIONAL STATUS OF WOMEN PRISONERS IN

INDIA:

Constitution of India does not give precise assurance to the women

prisoners, but, it gives the ‘status of equality’ to the women. Efforts by

makers of the Indian Constitution, to promote the rights of women as well

as children, can be seen. Our preamble contains “the ideals and

aspirations of the people of India”. One of the basic principles is “the

equality of status and of opportunity”. Constitution of India under Article

14 states, “equal protection of laws to the women in India” and Article 15

prohibits ‘the discrimination on grounds of sex’. Government of India

approved the Protection of Human Rights Act, 1993 and comprised a

body known as the ‘National Human Rights Commission’ for

endorsement and protection of human rights. Part IV of the Constitution

of India sets out the Directive Principles of State Policy. These directive

principles give direction to the State to give economic and social rights to

its people in specific manner. India has also approved various

International Conventions to secure equal rights of women like

Convention on Elimination of All Forms of Discrimination against

123
Women (CEDAW) in 1993. Article 12 (2) of this Convention provides

that state Parties shall make sure to women proper services in relation

with pregnancy, imprisonment and the post-natal period, granting free

services where necessary, as well as sufficient nutrition during pregnancy

and after delivery. Article 10 (1) of the United Nations Covenant on Civil

and Political Rights states that “All persons deprived of their liberty shall

be treated with humanity and with respect for the inherent dignity of the

human person” and Article 6(1) states that, every human being has the

innate right to life. This right shall be protected by law. So, it can be seen,

that on both national and international levels, Indian governments have

proved their supportive attitude towards women rights. Though, various

Governments at different times have passed many laws and constituted

various bodies, but, still the situation of Indian woman has not improved

remarkably. In fact, it becomes worse, if the woman is a prisoner too.

The Supreme Court of India in the case of Sunil Batra vs Delhi

Administration held that whether inside prison or outside, a person shall

not be disadvantaged of his guaranteed liberty. So, women prisoners in

our country have many rights. Various prison committees and prison acts

have incorporated various rights for women prisoners. Prisoner’s right is

a state subject, so, the management and administration of prisons comes

under the domain of the State Governments. Thus, the state governments,

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while making Prison Manuals, should think about all the preceding

guiding principles. The different types of human rights, constitutional

rights and statutory rights of women prisoners are conferred as under:

• Section 27(1) of the Prison Act, 1894 states that in a prison,

having female as well as male prisoners, the females shall be

incarcerated in separate buildings or separate parts of the same

building. Females shall be imprisoned in such a way that it shall

avert their seeing, conversing or holding any intercourse with the

male prisoners; this right is also given by Rule 8(a) of Standard

Minimum Rules for the Treatment of Prisoners.

• Section 31 of the Prison Act, 1894 states that a civil prisoner or an

un-convicted criminal prisoner shall be allowed to purchase or

receive (from private sources at proper hours) food, clothing,

bedding or other necessities. But this shall be the subject to

examination and to such regulations as may be approved by the

Inspector General.

• Section 33 (1) of the Prison Act, 1894 states that every civil and

un-convicted criminal prisoner shall be supplied clothing and

bedding, as may be needed, by the Superintendent (if someone is

unable to provide himself with adequate clothing and bedding).

125
• The prisoners have the fundamental human rights such as;

healthy food, clean shelter, medical facilities and facilities of

reading and writing. They ought to be treated with dignity in the

custody. They cannot be secluded in a separate cell, except on

medical reasons or if he/she has confirmed to be hazardous to other

prisoners.

• A pregnant lady shall be given full facility (medical and

personal) at the time of delivery. Women prisoners, who are

pregnant, but cannot be given the full facilities during the

pregnancy, can be freed on bail for the delivery.

• The Standard Minimum Rules for the Treatment of Prisoners

states as under-

Rule 53(1) that in an institution (for both males and

females), the part of the institution placed for females shall

be under the power of a woman officer.

Rule 53 (2) that no male staff member shall enter into the

part of the institution placed for women, unless, escorted by

a woman officer.

Rule 53(3) that the female prisoners shall be administered by

women officers. This does not prohibit doctors and teachers,

126
from carrying out their specialized responsibilities in

institutions or parts of institutions placed for females.

Rule 23 (1) states that there shall be special lodging for all

necessary pre-natal and post-natal care and treatment in

women’s establishments. If a child is born in prison, this fact

shall not be stated in the birth certificate.

Rule 23 (2) says that tending infants are permitted to remain

in the institution with their mothers. For that, provision shall

be made for a nursery (teamed by competent persons), where

the infants shall be placed when they are not with their

mothers.

Rule 24 states that all the prisoners shall be examined

immediately after their admission by a medical officer and

thereafter as needed. All the necessary measures shall be

taken; the separation of prisoners, suspected of

communicable or contagious conditions; deciding physical

capacity of every prisoner for work etc.

Rule 25 (1) states that the medical officer shall take care of

the physical as well as mental health of the prisoners. All the

prisoners shall be taken care of daily (according to their

medical needs).

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 Rule 25 (2) says that if the medical officer believes that a

prisoner’s health has been or will be badly affected by

continued incarceration or by any condition of incarceration,

he shall report to the director.

Rule 26 (1) says that if there is no technical personnel in

charge in the prison then the medical officer shall examine

and recommend the director upon: the amount and quality of

food, the appropriateness and hygiene of the prisoners’

clothes and quilts, the cleanliness of the institution and the

prisoners, the heating, lights and aeration of the institution,

the adherence of the rules regarding physical education and

sports.

Rule 26 (2) says that the director shall consider the reports

and advice that the medical officer suggests according to

rules 25 (2) and 26. If he agrees with the suggestions made,

shall take urgent steps to give effect to those suggestions

otherwise he shall put forward his own report and the advice

of the medical officer to higher authority.

• The guidelines set up by NCPCR (The National Commission for

Protection of Child Rights) state that even as the nature of the

crime cannot be ignored, the situation of women prisoners

128
 (pregnancy, illness or having children dependent on them) could be

considered for early release on personal bond, especially, when

they have few means and are responsible for young children.

• Article 39 A of the Constitution of India states that the State shall

endorse justice, on a basis of equal chance, and shall make

available free legal aid to ensure that chance for securing justice is

not denied to any citizen due to financial or other disabilities.

Further it is the right of every prisoner to get legal aid, being

sentenced cannot infringe his/her right.

• 309 (1) of the Criminal Procedure Code states that mere sentence

does not limit the right to freedom of religion.

• The Supreme Court of India (in the case of Hussainara Khatoon

vs Home Secretary, State of Bihar) held that speedy trial is an

essential right implied in the guarantee of life and personal liberty

protected in Article 21 of the Constitution.

• The Articles 72 and 161 of the Indian Constitution empowers

the President and the Governors of States ‘to grant pardon or show

mercy to the prisoners’.65

• Various studies have shown that the children living inside

prison with their mother are growing up without inadequate

129
 nutrition, less medical care and little educational opportunities. The

Supreme Court (in R.D. Upadhyay v. State of Andhra Pradesh and

others) had stated that children who grow up in prison with their

mothers should be given food, shelter, medical care, clothing,

education and leisure facilities as a matter of right. The fact about

their taking birth in the prison shall not be recorded on the birth

certificate. Female prisoners are permitted to keep their children

with them until the age of six years. After this period they shall be

sent to an appropriate organization by the social welfare

department. The children shall be kept in crèches under the charge

of a female supervisor (while their mothers are at work in jails).66

CONCLUSION:

So we can conclude that the Indian prison system has developed over the

years. Though prisoners, specially women prisoners, have given various

rights under international law and Indian constitution; They still face

many challenges and problems. There life inside the jail is difficult.

After taking a look at prisons and prisoners rights in this chapter, we will

take a look at Tihar Central Jail and women prisoners in the next chapter.

130
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42. Jayasree Lakkaraju, (2008) ‘Women Prisoners in Custody’, New

Delhi; Kaveri Publication, p-43

43. A. Sirajudeen, (2008) ‘Law and Practice of Rights of Prisoners’,

Chennai; Associated Book Company, p-97-98-99-738

44. Ibid, p-760

45. Ibid, p-140-141

46. Ibid, p-174-176

47. Rashi Zain, (2009) ‘A Study of Human Rights’, Hyderabad: Hind

Publication, p-91

48. A. Sirajudeen, (2008) ‘Law and Practice of Rights of Prisoners’,

Chennai; Associated Book Company, p-145

49. Ibid, p-166

50. Ibid, p-151

51. Ibid, p-535

52. S.K. Pachauri, (1999) ‘Prisoners and Human Rights’, New Delhi:

APH Publication, p-29

53. A. Sirajudeen, (2008) ‘Law and Practice of Rights of Prisoners’,

Chennai; Associated Book Company, p-391

135
54. Ibid, p-738-739

55. Ibid, p-741-742

56. S.N. Sastry, (2003) ‘Indian and Human Rights; Reflections’, Delhi:

Concept Publication, p-138

57. A. Sirajudeen, (2008) ‘Law and Practice of Rights of Prisoners’,

Chennai; Associated Book Company, p-740

58. Ibid, p-742

59. Ibid, p-748

60. Ibid, p-205

61. Ibid, p-217

62. Rashi Zain, (2009) ‘A Study of Human Rights’, Hyderabad: Hind

Publication, p-90

63. A. Sirajudeen, (2008) ‘Law and Practice of Rights of Prisoners’,

Chennai; Associated Book Company, p-181-182

64. Nitin Roy Chowdhury, and Nirmal Kanti Chakrabarti (2002)

‘Indian Prison Law and Correction of Prisoners’, Delhi: Deep and

Deep Publication, p-95

65. www.garph.co.uk/WARMSS/Aug2012/9.pdf, Accessed on 6-2-

2015

66. Rashi Zain, (2009) ‘A Study of Human Rights’, Hyderabad: Hind

Publication, p-97

136