From the childhood days, we all got punished from our parents whenever we did something which we were not supposed to do, same happens when someone commits any crime it is the rule of the justice that he shall be punished so that he realises his mistake never repeat it in the future. Punishment is given to us to reform ourselves so in that case, jail is no place where people are restrained forcefully but it’s a golden opportunity for prisons to reform themselves without getting judged from anybody. So now the question arises whether the prisons should be provided with equal rights/opportunity like that of a normal citizen?
Although Article 14 of the Indian Constitution guarantees everyone rights to equality but in some cases like in prison, prisoners cannot be provided with equal rights otherwise it will not be possible for the law-makers to maintain law and peace in society. But there are certain human rights which cannot be snatched from anyone which is guaranteed by international treaties and covenants. After all, prisoners are also humans beings and they also have the right to live a dignified life. According to International human rights standard for prison officials, there are some guidelines laid down by them which every country needs to follow which are as follow:
- Rights of Prisoners to Physical and Moral Integrity
When the person is physically confined to someplace then also he/she has the right to live a respectable life where they are treated with full humanity. It’s the right of the prisoners that they can file a complaint against the authorities if they are getting tortured or ill-treated by them or their co-prisoners because jail is not a place for getting tortured by it’s a place to be a better place and this can only happen if it is done from inside by the person, not by some physical force. All the deaths happened in the custody of the authorities shall be properly investigated.
- Right to Adequate Standard of Living
All the prisoners have the right to adequate Standard of Living which includes proper accommodations, should be provided with good quality of food and drinking water. When it comes to living life it is very essential that above-listed things need to be fulfilled. Good quality food and drinking water are most basic which a man requires, and to have to proper shelter is another basic thing, these all things are also guaranteed by the constitution that is why is including in Article-21 of the Indian Constitution that’s why it is included fundamental rights.
- Health care Rights of Prisoners
As soon the prisoner enters the jail that prisoners should immediately get a medical test so that the authorities are well aware of the prisoner’s health and take actions according to it and it will also be beneficial for the authorities for the future references if a prisoner tries to blackmail the authorities. Moreover having good physical and mental health will help the prisoners to get reformed easily if they are not fit they will not be able to perform any kind of work. Thus proper monthly check-up of prisoners should take place. Prisoners should also right to consult another doctor if they are not satisfied with the existing doctor. A proper medical room should be there in every jail with well-qualified healthcare staff in the case of emergencies.
- Prisons should be a safe place to live
When a prisoner lives in the prison it’s like their home only where other prisoners are like housemates who help each other to become a better person in life and do good for society. And the house is most the safest place to live, so prison should be also like that only where all the essential safety measures should be there. No-one in the prison should feel unsafe in there. There should be no threat from the authorities that restraining them will harm them in any kind. They should feel safe there.
- Prisoners contact with the outside world
When the prisoners are inside the prisoners they completely lost touch with the outside world, they should have a right to meet their family, and friends so that they don’t feel that they are being left-out from their family. Meeting them will help them to remain motivated and become a better person for their family. Moreover, international prisoners should also have this right and they can also meet their families.
- Make the best use of the prisoners
Prisoners should be provided with different kinds of activities which will keep them engaged and help them to learn about new things and make new hobbies. Prisons should keep organising new kind of activities like tree plantation, arranging workshops on different topics to keep them well aware. Jobs should be provided inside the prison only so that they can either support their family outside or use that to start a new life depending upon the skills of the workers. Most importantly educational facilities should be provided to the prisoners so that they can complete their education and get prepared for the future.
- Proper investigation for the prisoners
If any right of the prisoners is getting violated or they are mistreated either by the authorities or their co-prisoners then they must a right to get a proper investigation so that they don’t suffer from any kind of injustice and rights are secured.
RIGHTS OF WOMEN IN PRISON
Although the above rights are also provided to women in addition to that there are certain other things which should be also be provided to women while keeping them in prison which are:
- Women should be kept in a separate prison.
- They should always be inspected by a lady officer only.
- Separate healthcare facilities should be provided to women.
- In the case of pregnancy special facilities should be provided to them according to their condition and if possible they should be taken to hospitals during delivery.
Rights of Juveniles in detention
In most of the cases, it is fixed that child will not have life imprisonment unless he/she commits any heinous kind of crime. Like they have a different kind of court like that only they should be always be kept in juvenile prison. Proper nutrition should be provided to them as they are in a growing stage only. Most importantly children at this age are wet pots so they should be provided with proper education, workshop so that they can differentiate between right and wrong and choose a right to live when they came out of prison. And lastly, they should be allowed to meet their families’ often because at this tender age a child requires the love of his family the most. And special attention should be given to medical facilities also.
So we have seen what are rights that have been provided to the prisoners during their punishment. Although they are not provided with all the rights like other normal citizens but the above mentioned are like the most basic rights which are required by any person. Prison is just not a place to confine criminals but it is a place where they can reform themselves and become a better version of themselves and providing them with these rights will help them to achieve their goals.
This blog is written by Pragya Sharma, Amity University.
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