HUMAN RIGHTS OF PRISONERS IN INDIA: A CRIMINOLOGICAL AND CONSTITUTIONAL STUDY
Geetanjali Sharma, LLM, 2nd Semester, Student at Jagannath University (India)
Dr. Alaknanda Rajawat, Jagannath University (India)
The issue of prisoners’ human rights in India lies at the intersection of constitutional law and criminological thought. This study examines how far the Indian legal system ensures the protection of these rights by analyzing constitutional provisions, judicial developments, and the actual conditions within prisons. With particular focus on Articles 14, 19, and 21 of the Constitution, the research highlights the role of the judiciary in broadening the meaning of fundamental rights to include dignity, protection from abuse, access to legal assistance, and humane treatment during detention. The study adopts a doctrinal and analytical approach, drawing upon constitutional provisions, statutory laws, and significant judicial decisions relating to prison administration. It also involves criminological theories of punishment, especially the transition from punitive models to reformative approaches, in order to understand the importance of protecting prisoners’ rights within a modern justice system. The analysis points to a continuing gap between legal standards and actual practice. Despite strong constitutional safeguards, Indian prisons face ongoing issues such as overcrowding, inadequate medical facilities, limited access to legal aid, and administrative shortcomings. These challenges indicate that the existence of legal protection alone is insufficient without effective implementation. The findings suggest that although prisoners’ rights are well established in law, their realization is hindered by structural and institutional constraints. From a criminological perspective, these shortcomings weaken rehabilitation efforts and increase the likelihood of repeat offending. The study concludes that meaningful reform requires a shift towards a more rights-oriented and rehabilitative approach, supported by updated legal frameworks, stronger institutional accountability, and improved governance practices. Ensuring the protection of prisoners’ rights is essential for maintaining constitutional values and promoting a more humane and effective criminal justice system in India.
| 📄 Type | 🔍 Information |
|---|---|
| Research Paper | LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 2, Page 1110–1134. |
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