Rights of Prisoners in India

Whenever we try imagining a typical jail in our country, the picture which comes to our mind is not exactly charming. News reports often bring into light the ignominious behavior of police with the incarcerated. Gloomy atmosphere, bad food, inadequate medical facilities are some of the basic problems faced by the prisoners.

Every convict has been conferred with certain rights by the constitution of India so that his life as a prisoner is dignified and comfortable. Though these rights are must for every convicted person to maintain and balance his mental status as a human being, the inefficiency of our law enforcement system prevents prisoners from enjoying these rights. But NGOs in our country are working for this cause with considerable results. If these agencies keep working with this pace they will definitely be able to make a mark. But the citizens must be aware themselves so as to what rights one can enjoy if they get locked up unfortunately.

Following are the rights conferred upon a convict:-

A convict:

  1. Should be treated with dignity.
  2. Should not be subjected to any physical /mental torture or any kind of inhuman or degrading punishment.
  3. Cannot be isolated in a separate cell, except on medical grounds or if he/she has proven to be dangerous to other prisoners.
  4. Must be presented with means to express his/her grievances faced within the jail.
  5. Has right to meet his lawyer and family members at least twice a week.
  6. Has right to send letters to his relatives and to other prisoners irrespective of their relationship.
  7. Has right to write books and get them published, if he/she so desires.
  8. Can give press interview, subject to reasonable restrictions.
  9. Cannot be held in slavery and or servitude.
  10. Cannot be subjected to any labour which is exploitative in nature.
  11. Should be equitable remunerated for his labour and should not be paid below the prescribed wages.

By Nikita Anand on July 15, 2010 · Posted in Criminal Law

7 Comments | Post Comment

Ayush Dev Bajpai says:

Dear nikita,

No doubt the convicted persons have rights under Article 21 of the constitution, and not fully but to some extent its followed, But what about there right to equality, if a political leader goes to jail he would be ON RECORDS given special privileges, means 'A' category barracks etc and the low category barracks for common man…shouldn't this practice be avoided for human life,personal liberty and right to equality.
Ayush Dev Bajpai

Posted on July 23rd, 2010

Nikita Anand says:

Political leaders are granted Parliamentary Privileges. Privileges imply special treatment. This is provided in the constitution itself! It is positive discrimination and cannot considered as something which promotes inequality.

Posted on July 24th, 2010

Laltesh sharma says:

i just want to know sometime the police officer and the other officers force to the accused and stops him by enjoying his fundamental and other rights as a accused person than what to do or whether where to complain and how ?,
as they do not allow to call your relatives and frnds.
what to do at that time ….?

Posted on January 6th, 2011

Nikita Anand says:

If the police are bent on not letting you call your relatives then I am sorry to say nothing can be done at that juncture of time. But later you can file a case in the Human Rights commission against the guilty officer.

Posted on January 28th, 2011

lalit tanwar says:

maam is tere any website or data whichs ows how many prisoners are there in india

Posted on May 25th, 2011

narendra mohan says:

hello Nikita,
you said there should be right of prisoners and if there is any politician then he should be given some kind of privileges as granted him by our constitution but how can anyone or court treat the offender as a privileged person, if it is then there would always disaster & violation of the rights of offender who are already in jail. they both must be treated equally & if it doesn’t happen then it would be unjust to other offender.since both(politician & common man) have been sen to jail for committing an offence so they should be treated equally…..
narendra mohan

Posted on June 10th, 2012

gopi says:

Oridnary people not aware of these laws. In Cherlapalli central jail hyderabad , people are treated as animals.
They dont know abt the laws

Jailors and d.jailors herassing for money

No proper food, Treating as animals in their own country

Posted on August 11th, 2012