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DEMOCRACY BEHIND BARS

Author :- Prapti Derasari

“Liberty is a dearly what commodity and prisons are factories where it is manufactured…” – Mahatma Gandhi

Introduction:

“Society” – the whole group of people living together more or less on ordered community. Society is one, that teaches us everything like how to survive within group of people? How to behave in an appropriate manner?  etc. and if someone tries to disobey law or has guilty mind then he/she will be liable for the punishment.

Since from the king dynasty, the process of giving punishment to culprits was applicable. Here, the word punishment means rough treatment or handling for an offense. The main aim of giving punishment to wrongdoer, means to make them realize, that they have done something beyond the law and thus they are liable for the punishment. The way of giving punishment or realizing them for the same is perfect, but as soon as the period of completion gets over from jail, is society treating them properly?  Why the wrongdoer is not treated well by the society? Is society liable for this kind of behavior? Since from past century, sending wrongdoer for imprisonment is very old tradition, which is still carry forward today. And as a human being, what we are doing – when they are released from bars we start judging them without giving a chance. Prisoners faced so many problems inside as well as outside the imprisonment. So the main purpose of giving punishment is to give them one more chance for not to commit any crime further. However, when they release, the mindset of people gets change. Society is not ready to accept them as a normal person. Prisoners are going through so many difficulties like not getting proper job or work, facing problems in getting married and  socially they get disturb by the behavior of family members and relatives.  They are been ignored by their family members and friends, they do not get any moral support. If he/she is minor i.e. below 18 years of age, then they are facing problem in not getting admission in schools/collages/institutions. They are becoming victims of bullying. Thus, due to this above reasons the chances of getting suicide by prisoners are increasing day by day. Or else, they preferred to do the crime again.

There physical conditions are also not stable they go through different diseases and 60% of prisoners are becoming victims of depression. Instead of giving them support, society starts humiliating them by their sarcastic tantrums. Prisoners also faces marriage issues and if they are married, they loss their partners and kids too. These were the social difficulties that they face outside the prisons but what about inside the prison? The situation inside the prison are worst they are kept in the bars which are never cleaned, non-hygienic, with full of mosquitoes and with no proper electricity facilities, not proper clean clothes to wear. And if we talk about privacy (it goes to minus level), they are kept in all four sided open bars. They don’t even get proper health treatment. The condition of female prison is worse than male prison. They suffer lack of sanitary facilities, they bath in open area, lack of facility toward maternity women prisoners. And if women prisoners have their kids, then they are totally ignored and not properly taken care. The condition of prisoners socially and physically is very worst. Thus, by looking into all these worst scenario, I would like to give additional basic knowledge about the “RIGHTS OF PRISONERS” in detail.

Descriptive information:

By now we all are aware with the meaning and condition of prisoners. Prisoners means ant person who is kept under the custody in jail or prison because he/she committed an act which is prohibited by law of land. But prisoners also have their own legal rights. Each and every citizen has one basic right i.e. right to food, water, and shelter. Thus in, Prison Security Act, 1992 has been explain in detail: not a single prisoners is liable for been tortured, harassed, violence, etc. they all are been protected by laws.

Are prisoners human beings?  Obviously, YES! Then they are also liable to treated equally as per the Universal Declaration of Human Rights. Let us see in more detail:

International Human Rights Law: the aim behind developing IHRL is to protect prisoners from discrimination, torture and enforced disappearances.

  1. UN Charter:

Basic principles for the treatment of prisoners was adopted and proclaimed by general assembly. Some of the principles are as follows: 

  • No discrimination
  • Prisoners should be treated as inherent dignity and value as human being
  • Fundamental responsibility
  • Rights of prisoners to take part in various activities
  • Excess to health services
  • International Bill of Rights:

These includes Universal Declaration of Human Rights and The International Covenants on Civil and Political Rights, 1966 (ICCPR)

  • UN Core Convention And Specific Instruments

Indian law – Constitution:

“Prisoner is treated as a person in prison.”  Has been mentioned in part III of Constitution, which are available to prisoners. Article14 (6) – “equal should be treated equally”. Article 20(1) (8) – protection from expost facto law, and Article 20 (2) (9) represents the principle of “Double jeopardy” , this clause states the rule of common law of “Nemo Debete Vis Vexari,” – no person should be put behind bar twice in the prison for the same offence. Article 20(3) [10] of Indian Constitution, the jail authorities or the police authorities cannot force the prisoners to give the testimony. Different committees has also developed for the betterment of prisoners, the committees were formed with the aim or motive to create the prison a better place to spend punishment for both men and women without discrimination.

PRISON ACT, 1894 –

Each and every act has been developed for the welfare of prisoners’ life. The basic motive behind establishment of prisoners act is to procedure how jail management and administration work in India. However, since from 1919 – 20, the Indian jail committee published report, put major pressure on ‘reformation and rehabilitation’ of offenders were considered as the object of the prison administration.

MODEL PRISON MANUAL:

Formed in 1960, on which prisoners can make contact with their families and lawyers.

THE MULLA COMMITTEE:

Developed in year 1980, which constitutes committee on Jail Reform

THE KRISHNA IYER COMMITTEE:

The committee was set up to analyze the current condition of women prisoners in India

Role of Judiciary in Protecting the Prisoner’s Rights:

In India, the judicial system plays very important role as it sets the laws, give final decision which are compulsory obeyed by the citizen of India. So many different discussions on various issues and new amendments of judicial systems has change our society, the judicial system has obligation to protect our nation and constitutional role to protect human rights of citizens. But it does not mean that our Constitution does not provide any rights to our prisoners. The prisoners are also having its legal and fundamental rights and various implementations such as:

Right to legal aid

Right of Expression

Right to speedy trail

International instruments for prisoners like:

  • THE UNITED NATIONS STANDARDS MINIMUM RULES FOR THE TREATMENT OF PRISONERS
  • THE EURPPEAN CONVENTION FOR THE PREVENTION OF TORTURE & INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT
  • UNITED NATIONS BASIC PRINCIPLES FOR THE TREATMENT OF PRISONERS

Conclusion:

At last, I would like to conclude my article by saying that – no one has right to judge or make negative comments. Our own Judicial System and Indian Constitution has various FR under A- 14, 19, 20, 21&22 deals with rights of prisoners. Our work is to give them respect and to obey their rights. We should treat them equally. And I would also say that prisoner should also get right to vote, right to live in respect and dignity, better living standard, proper care and treatment and no violence against them.

“The best way to keep a prisoner from escaping is to make sure he never knows he’s in prison.” – Fyodor Dostoevsky