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Posted by Ananya Mondal

The Rights of the Prisoners

Laws and rules are meant to be developed for the need of the society and the rights are meant to be introduced for the need of the majority. When the question or issue regarding human rights arises, the Courts settle the dispute or solve the issue. The state of the prisoners in the country can be strongly viewed where the human rights of the prisoners are being violated in jail or police lockup. The prisons are overcrowded with lack of infrastructure. The prisoners have to suffer in jail with lack of training. Thus, the prisoners are really in need and deserve some rights which are provided by the law.

Prisoners and the Human Rights

Citizens of the country have their basic rights for living human life, which are called human rights. Every human being enjoys his or her human rights. The prisoners are also human beings and they should be treated like other human beings except in some cases of the country. If their fundamental rights are being violated by someone, they can seek for the remedies provided by the Constitution. It is the duty of the Judiciary as well as the Government to provide them their rights.

Rights against Solitary Confinement and Bar Fetters

Solitary confinement turns the life of the prisoners into animal life. Solitary confinement can not be continued by the prisoners continuously, there must be reasonable gap. Though, the law provides solitary confinement to them who committed crimes which are heinous in nature, the prisoners are forced to become more revengeful. However, the whole system fails to achieve its goal of the very system of reformation. Instead of reform the prisoners; solitary confinement actually turns the prisoners into revengeful. Putting bar fetters to the prisoners is also an inhuman treatment and a cruel practice which can be strongly observed.

Rights against Inhuman Treatment of Prisoners

It is the essence of law to protect the human dignity. Every human being has the right against inhuman treatment which is provided by the Constitution. Prisoners can also raise their voices against cruel and inhuman treatment by the police or jail authority. In many cases, police commits cruelty on the prisoners and torture the prisoners by beating them. Even sometimes the police murder them unethically. Some of them are omitted to get proper food and forced to eat unhealthy food. Article 14 and 19 of the Constitution provides the fundamental right against torture. The Constitution also provides the right to the prisoners in police lockup.

Right to have Interview with Friends, Relatives and Lawyers

The right of the prisoners are not only restricted to mere physical existence, but the mental health. Loneliness leads the prisoners to become hopeless and revengeful and force them to commit more crimes after release. The prisoners have the right to meet their family members, relatives, and friends and also the prisoners can interact with them with police guard according to the fundamental rights conferred by the Constitution. The Constitution also provides the right to the prisoners to consult with any legal professional and the prisoners, who are arrested and being charged with any crime, have the right to be defended by lawyers. Even the prisoners can choose their lawyers willingly.

Right to Speedy Trial

It is the duty of the police to produce the accused person before the court after arresting them. The prisoners have the right to get speedy trial so that an accused person, who is guilty, can be punished and an innocent person, who is accused, can be freed quickly. Delay can influence the fair justice and turn a simple offence into more critical one. Delay in justice leads the criminal to commit more crimes to save himself from punishment as he gets enough time and try to erase his wrongdoing and the innocent persons have to suffer from frustration until they are proved as innocents.

Right to Legal Aid

Not directly, but indirectly, the law and the judiciary system provides free legal aid to the prisoners. Not all prisoners have a wealthy condition to continue the case in their own money. Many prisoners are too poor to engage lawyers for themselves. That is why they are conferred the said right. They can choose their own lawyers for their cases with the expenses of Government.

17 Aug 2020
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