Prisoners’ Dilemma: Is India a Real Follower of Reformative Theory?

Abstract

Every citizen of India has fundamental rights guaranteed under the Indian Constitution and hence the Nation is obligated to furnish the quality of life to its subjects the citizens. But on the other hand it is unfortunate to say that a country like India has no proper implementation of prisoner’s rights.

This paper mainly focuses on the right of Prisoners including those who are under trial and the responsibility of both legislation and judiciary to provide such fundamental rights which are very essential for the survival of humans which also includes personal liberty not just mere animal existence.

This paper also covers the International as well as judicial perspective regarding the rights of prisoners as the honorable Supreme Court has highlighted that a prisoner, be it a convict or an under-trial, does not cease to be a living being and, while lodged in four walls of jail, he appreciates all his fundamental rights pleaded under the Constitution including the right to life. The author of this paper also focuses on the role of Jail authority and their liability for the suffering of prisoners during the time of Pandemic “COVID- 19”.

Keywords: Constitution of India, Indian Judiciary, Indian Prison System, Pandemic COVID-19, Prisoner’s Right