Research Paper Prison Word

Abstract
Author- Abhishek Bindal

Co Author- Srishti Sharma
HUMAN RIGHTS OF THE PRISONERS- IT’s EVOLUTION AND CHALLENGES
The penal reforms in India during the past few decades have brought about a remarkable change in the
attitude of people towards the offenders. There has been a radical change in the concept of crime,
criminal and convicts. The new concept is more about reforms rather than deterrence. The old ancient
punishments no longer find place in the modern penal system. Indian penologists are highly impressed
by the Anglo- American Penal reforms and they have tried to include them in the Indian laws as well. A
prison today serves three purposes which may be described as custody, care and correctional. Though
the last of these which concerns the use of imprisonment as a form of legal punishment, now takes a
primary place, it is in historical perspective a comparatively a new conception, not all the implications of
which have yet been worked out. In its origin prison served only the custodial functions, it was a place
in which an alleged offender could be kept in lawful custody until he could be tried, and if found guilty
punished. In India, the central government constituted a lot of committees in order to regulate the prison
reforms. Today, a person being a prisoner, cannot seized of all his rights by the authority even though he
is convicted as he is having fundamental rights guaranteed to him.
There are a lot of challenges which have to be taken up in order to bring reforms and ensure that prisons
are not hell for the prisoners. The paper contains detailed analysis of the challenges which have to be
taken up.
RIGHTS:
If we look at the definition of a “right” in an abstract sense, it is justice, ethical correctness, or harmony
with the rules of law or the principles of morals. Rights are legal, social, or ethical principles of freedom or
entitlement, rights are the fundamental normative rules is allowed of people, according to some legal
system, social convention, or ethical theory. The rights of Man have been a debatable topic for all
civilizations from eons ago. The concept of the rights of man and other fundamental rights was not
unknown to the people of earlier periods.
In the Jurisprudence and the Law, speaking in a concrete legal sense, “right” is

a power, privilege, demand, or claim possessed by a particular person by virtue of law. It can be
defined as a legal or moral entitlement to do or refrain from doing something, or to obtain or refrain from
obtaining an action, thing or recognition in civil society. Rights serve as rules of interaction between people
and as such, they place constraints and obligations upon the actions of individuals or groups. Most modern
conceptions of rights happen to be Universalistic and Egalitarian rights, and are granted to all people. There
are two main modern conceptions of rights; on the one hand, the idea of natural rights holds that there is a
certain list of rights enshrined in nature that cannot be legitimately modified by any human power. The idea
of legal rights holds that rights are human constructs, created by society, enforced by governments and are
subject to change. It is not generally considered necessary that a right should be understood by the holder of
that right, thus rights may be recognized on behalf of another, such as children's rights or the rights of
people declared mentally incompetent to understand their rights. However, rights must be understood by
someone in order to have legal existence, so the understanding of rights is a social prerequisite for the
existence of rights. Therefore, educational opportunities within society have a close bearing upon the
people's ability to erect adequate rights structures. Rights are Social, Political, economical, legal and
ethical, natural rights by society and enforced by the governments and without rights, a human being cannot
survive. Every human being has been guaranteed certain basic rights, and with regard to the rights, it is the
state’s obligation to implement the rights and if there is any violation, the courts are vigilant over them.
HUMAN RIGHTS:-
According to what Albert Einstein, the existence and validity of human rights is not written
in the stars. Various enlightened individuals have conceived and taught the ideals
concerning the conduct of men towards each other and the desirable structure of the
community in the course of history. Those ideals and convictions have resulted from
historical experience, from the craving for beauty and harmony and have been readily
accepted in theory by man. At all times, they have been trampled upon by the same people
under the pressure of their animal instincts. A large part of history is therefore abounded
with the struggle for those human rights, an eternal struggle in which a final victory can
never be won. But to grow weary in that struggle would mean the ruin of society. The right
to work, to maintenance in old age, to education, to disability benefits and to free medical
service made it possible for everyone to really exercise a whole number of social and
political rights and liberties. As for the political freedoms, freedom of the press, of
assembly, of speech, processions and demonstrations, the Soviet state not only made them
into law, but also guaranteed them by nationalizing the mass media such as newspapers,
magazines, recreation centers, publishing houses, radio stations, etc. They now belonged to
the society in its entirety and were used in its interest.
According to its popular definition, Human Rights are the rights that every human is
entitled to enjoy and to have protected. The fundamental principles that should be respected
in the treatment of all men, women and children exists in some form or the other in all
cultures and societies, and that is the underlying idea for these rights. The contemporary
international statement of those rights is the Universal Declaration of Human Rights. It is
the governments’ responsibility to protect human rights proclaimed by their declaration. All
governments are to protect the life, liberty and security of their citizens, under the provisions
of Civil and Political Rights. It should be guaranteed that no-one is enslaved and that no-one
is subjected to arbitrary arrest and detention or to torture. Each and every single person is
entitled to a fair trial. Protection is to be provided to the rights to freedom of religion,
thought, conscience and to freedom of expression.
Human rights can be regarded as the inalienable and fundamental rights, essential for life as a
human being. They are possessed by every human being, irrespective of nationality, race,
religion, and sex, by the virtue of simply being one. These are hence the rights inherent in our
nature and we cannot live in their absence. Fundamental freedoms to fully develop and use the
human qualities, intelligence, talents, and conscience and to satisfy physical, spiritual and
other needs are what constitute as Human Rights.
Human rights may be categorized as the fundamental rights to every man or women
living in any part of the world that they’re entitled to because of their requirement for the full
and complete development of human personality. Human rights are derived from the dignity and
worth inherent in every person. Recognization and enforcement of the human rights as natural
rights of mankind or as Constitutional mandates or as rights of an Indian in an independent
polity is being done by the Indian courts. The human rights are not created by any legislation;
these rights very much resemble the natural rights. Civilized organizations like the United
Nations must recognize them. They cannot be subjected to the process of amendment. The legal
duty to respect human rights is included in the legal duty to protect them. Members of U.N. have
committed themselves to the promotion of respecting and observing human rights and
fundamental freedoms. Claims which individuals or groups make on the society are what is
solely represented by Human Rights. They include the right to freedom from torture, to the
rights to life, from inhuman treatment, freedom from slavery and forced labour, the right to
liberty and security, freedom of movement and choice of residence, right to fair trail, right to
privacy, freedom of thought, conscience and religion, freedom of opinion and expression, the
right to marry and from freely elected representatives, the right to nationality and equality before
the law. Universally, the compromisation of these rights cannot be done. These rights are natural
because of their derivation from nature and cannot be legally alienated by the ruler. Human
Rights are inalienable or natural or basic rights. In the Indian Constitution, provision of
fundamental rights, nothing but human rights, is done in Part III, which are extended to every
citizen in India. Human rights are two types; one are natural rights and other ones are created
and protected by legislations. The Human Rights in India are protected by Judiciary by
enforcing Constitutional Provisions.

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Abstract

Author- Abhishek Bindal

HUMAN RIGHTS OF THE PRISONERS- IT’s EVOLUTION AND CHALLENGES

In the Jurisprudence and the Law, speaking in a concrete legal sense, “right” is

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