0
0
India is a diverse nation and world’s largest democracy which normatively gave rights be it legal rights, constitutional rights, civil rights and fundamental rights to its citizens. We follow the separation of power system propounded by Montesquieu as we have legislature, executive and judiciary given separate tasks, powers and this all is done so as to keep checks and balance of democracy. These institutions play major role in law making, execution and its implementation. But when it comes to prisoners in India the observation made is that all the rights given to citizens are snatched away once you are put in prisons. All civil liberties are taken away from prisoners be it one going under trial or be it one getting convict. In India imprisonment is harsh as well as not harsh because the one who is poor and have no access to food and shelter thinks being imprisoned will help him in survival and on the other side imprisonment is harsh when the police torture the person behind bar and also abuses the person. So, one thing we can state is still the under trials and convicted are looked in similar manner in India. The oppressive caste system in India acts as restriction on the prevalence of egalitarianism in India. The manner Dalits, tribal and other backward class people are treated differs from the treatment received by the upper class. On one hand law tried to give reservation to the downtrodden and on other hand the police tortures these brutally. The upper class gets privileges in jail’s whereas the one not having social, economic and political backing so not get privileges in jails. The former judges of supreme court namely Justice Iyer and Justice Bhagwati were concerned about the way the detainees and prisoners were treated and ruled that judicial access is right of all citizens even in case they have or not committed crime. By this several amendments were made in criminal laws across country. Meaning of prisoner If a person has committed an act prohibited by law of land and that person is kept in custody in prison or jail. Different name for prisons is jailbird, inmate, detainee. it is a legal term for a people who is imprisoned. A person who is deprived of liberty against their will. A prisoner is who kept in a jail as a punishment for a crime that has committed. A person who is in custody, captivity, or a state of forcible restraint, particularly while serving a prison sentence or on trial. The Prisons Act 894 in section 3 clause (4) divided prisoner in 2 types, criminal prisoner and civil prisoner. Prisoner’s Right As a convict is also entitled with rights. The basic essential rights include the right to food, water, health care, defend them from custodial tortures Mulla committee was made as a committee on jail reform. The basic objective of the committee was to review laws and regulations keeping into account the objective of protecting society and rehabilitating offenders. The prisoners act, 1894 act as a governing statute for jail management and administration of jails in India. This act is the 1st legislation related to prison regulation in India. There are many acts regarding prisoners like the Prisoners Act,1990, The Transfer of Prisoners Act,1950, the Prisoners (Attendance in Courts) Act,1955. It was the Krishna Iyer committee in India which for the first-time studies the situation of women in jail. It recommended that more women police officers are to be recruited so as to tackle women and child offender. Detention in India: – In India the person detained or is under police custody must be produced before a magistrate within 24 hours of such detention. The magistrate can pass order for setting up minimum days for which such arrested person will be in police custody. Maximum limit set for remand to police custody is of 14 days and the arrested person can be detained by police for a maximum period of 90 days where sentence is above 10 years and 60 days when sentence is under 10 years. The concept of legal aid is amalgamated in the system of law so as to provide justice to those who lack it just because of monetary insufficiency. Justice Krishna Iyer opinion in the case of Madhav Hayawadanrao Hoskot vs State of Maharashtra was that every defendant shall have right to legal assistance where justice is needed and is denied just because of non-payment of money. After a few years Legal service Authority act was brought up in 1987. A committee headed by justice Bhagwati drafted a model in accordance to which the states in India will make laws on legal aid. The main objective behind legal aid was to give right to representation to individuals through advocates who so not receive minimal remuneration for the services they provided but are honoured for such service. There was lack of participation of advocates. In India bribery and corruption became a tool which are to be paid to police so as to avoid torture. Torture in police custody: – The people who are detained are tortured by the police and are pressurized to accept that they have committed the offence for which they have been arrested. In majority of cases 3rd degree torture is used by police which in certain cases led to death and creation of fear in the mind of the person detained. Due to increasing death in police custody brought into vision of the court by Public union for democratic rights through a report the reality of police treating prisoners came out. The manner in which the prisoners are beaten up with belts, rods, boots, and other equipment displayed the condition and trauma the prisoners under trial or convicted are facing and also the death records rising yearly because of police cruelty with the prisoners became the major concern for the governing institutions. According to state Jail Manual, the method of punishment can be handcuffing (Iron bar variety, spring catch variety, chain handcuffs) or the use of leg fetters. In Supreme Court case, Munshi Singh Gautam Vs. State of Madhya Pradesh mention about grief concern regarding issues of torture in Indian prisons by police. Women’s condition in prisons The manner women are treated in jail’s was very heinous as they were raped by the police officers, beaten up led to rise in custodial rape cases in India. The condition for the non criminal lunatics is worst, due to less space for them in mental hospitals. The relation between prison authorities and brothel keepers is that some of the women prisoners are released on circumstances that compel then to prostitution. Even in some states there are no separate prisons and they are housed in sections of prisons for men.
Share this:
