BARS AND BOUNDARIES: A CRITICAL ASSESSMENT OF INDIAN PRISONERS’ RIGHTS IN LIGHT OF GLOBAL LEGAL FRAMEWORKS

This paper examines the state of prisoners’ rights in India, highlighting the disparity between legal frameworks and their implementation. Despite constitutional protections and international obligations, such as the UN Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules) and the International Covenant on Civil and Political Rights (ICCPR), Indian prisons face systemic issues including overcrowding, prolonged pre-trial detentions, inadequate healthcare, and caste-based discrimination. With undertrial prisoners constituting over 64% of the prison population, delays in judicial processes and financial barriers to bail result in significant violations of their rights to liberty and fair trial.

Comparing India’s prison system with those of Germany, Norway, and the Netherlands reveals stark contrasts. Germany emphasizes rehabilitation and normalcy, offering personalized prison plans and vocational training. Norway prioritizes maintaining inmates’ social bonds and dignity, resulting in one of the world’s lowest recidivism rates. The Netherlands, with its minimal prison population, focuses on alternative sentencing, electronic tagging, and comprehensive mental health support. These systems underscore the benefits of humane treatment and rehabilitation in reducing recidivism and fostering reintegration.

India’s reliance on punitive measures and its failure to provide humane living conditions underscore the urgent need for reforms. Addressing infrastructure deficiencies, enhancing access to legal aid, and prioritizing rehabilitation are essential to align India’s prison system with human rights standards and ensure the fair treatment of all prisoners. This study emphasizes that lessons from international models could guide India toward a more just and effective penal system.