1: Introduction

Every living being is born free and has equal rights; no one including prisoners, shall not be subjected to torture or cruelty. Prisoners are also human beings and have a right to an adequate standard of living, including food, drinking water, accommodation, clothing and bedding.During British rule in India the prisons act, 1894 was present, but the rights were continuously breached as there was a prejudiced difference in treatment of the white versus native prisoners. After independence, the forefathers of the Indian constitution gave certain rights to prisoners in part 3 due to the fact that a prisoner always remains a human.
Prisoners have basic legal rights that can't be taken away from them. The basic rights include right to food and water, right to have an attorney to defend himself, protection from torture, violence and racial harassment. Section 1 of the Prison Security Act1992, defines the term prisoner.{1}

2:Right of prisoners under constitution of India

Article 20 Protection In Respect Of Conviction For Offences
(1) No person shall be convicted of any offence except for violation of the law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence
(2) No person shall be prosecuted and punished for the same offence more than once
(3) No person accused of any offence shall be compelled to be a witness against himself

Article 21 Protection Of Life And Personal Liberty
No person shall be deprived of his life and personal liberty except according to procedure established by law.
Personal Liberty Under Article 21 is a sacred and cherished right under the Constitution of India. The expression life of personal liberty has been held to include the right to live with human dignity and thus it would also include within itself a guarantee against the torture and assault by the state or its functionaries.- Shri D.K. Basu, Ashok K. Johri vs State Of West Bengal, State Of U.P, AIR 1997SC 610

Article 22
The relevant parts of the provision are as follows: Protection against arrest and detention in certain cases

(1) No person who is arrested shall be detained in custody without being informed of the grounds of such arrest and he shall not be denied the right to consult and defend himself by a legal practitioner of his choice.
(2) Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest.
(3) Nothing in clauses (1) and (2) shall apply

(a) to any person who for the time being is an enemy alien; or
(b) to any person who is arrested or detained under any law providing for preventive detention.

(4) No law providing for preventive detention shall authorise the detention of a person for a longer period than three months unless

(a) an Advisory Board consisting of persons who are, or have been, or are qualified to be appointed as, Judges of a High Court has reported before the expiration of the said period of three months that there is in its opinion sufficient cause for such detention:Provided that nothing in this sub-clause shall authorise the detention of any person beyond the maximum period prescribed by any law made by Parliament under sub-clause (b) of clause (7); or
(b) such person is detained in accordance with the provisions of any law made by Parliament under subclauses (a) and (b) of clause (7).

(5) When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, as soon as may be, communicate to such person the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order.{2}

3:Statutory provision with case laws

In part 3 of the Indian constitution, Article 14(6) provides the basis for prison authorities to determine various categories of prisoners and their classification with the object of reformation. All the basic rights of prisoners include the right to food and water; protection from violence and torture; right to have a legal representative. Article 19, which states that the freedom rights of the citizens, but with certain expectations that includes the restriction on certain rights of prisoners as they are convicted. The most important, Articles 20 and 21 that deal with the rights of prisoners in particular. Article 20 of the constitution of India has implied Right which is a right against custodial violence. It is the most authoritarian violation of the appanages of an existent. The methods to torture an individual to gain information are rehearsed by police officials on a diurnal basis and these acts are an immediate violation of this article.Honourable courts of India have dive into the ocean of Article 21 of Indian constitution and has brought some paramount rights for prisoners such as, In the case of Sunil Batra v. Delhi Administration, where held that the right of prisoners to be visited by their family and relatives, in order to save them from mental torture and from here the right of mental health for prisoners are upheld. Every person has a right, and it cannot be taken even by the authority of the state to violate their rights which are guaranteed under Article 21. In the context of the right to personal liberty, state of Maharashtra v. Prabhakar Pandurang held that a prisoner has a right to express their feelings by writing and can also publish that. Next right is to pay reasonable wages to prisoners for the work they have done during the imprisonment and this has been done for the purpose of making self-supporting lives after their release, in many precedents such as Mahammad Giasuddin v. state of A.P, Peoples Union for Democratic Rights v. Union of India, state of Gujarat v. Honble High Court of Gujarat and Gurdev Singh v. State Himachal Pradesh. In order to be precise, it was held that remuneration, should not be lower than the minimal stipend, has to be paid to anyone who has been asked to give labour or service by the state. The payment has to be original to the service rendered; otherwise, it Would beconsidered forced labour. In article 21, it was held that the right to speedy trial is one of the most important rights, in the landmark judgement Hussainara Khatoon v. state of Bihar it was upheld that the Court while dealing with the cases of undertrials who had underwent lengthy confinement held that a process which keeps similar considerable number of people behind bars without trial so long cannot conceivably be regarded as reasonable, just or fair so as to be in conformity with the demand of Article 21.There are many people who do not get justice only because of not having sources and money. This problem has given birth to a solution named the right to legal aid. Legal aid is no longer a matter of charity or benevolence, but is one of constitutional rights. Article 142, which is read with other two articles 21 and 39-A of the Constitution states the right to get free legal aid.{3}

4: Conclusion

A right delayed is a right denied.

Martin Luther King, Jr.

Every human being is born free, and every person deprived of their liberty shall be treated with humanity and with respect. The Indian constitution has recognized the rights of prisoners, especially under the ambit of Article 21. The judiciary itself has interpreted beautifully and upheld the rights. Now the need is to follow those rules and regulations, implement those laws wisely so that the motive of justice can be achieved, and a high need to reduce the burden of courts by speedy trials and a requirement of specialised authority to look over the implementation and working in prisons.{4}

5:Citation

1: Blog," Introduction" https://jlrjs.com (last visited on Novmeber 27,2023)

2: Varsha," Right of prisoners under constitution of india " https://bnblegal.com (last visited on Novmeber 27,2023)

3: Devanshi sharma ,"statutory prisoners with case laws " https://www.legalserviceindia.com (last visited on November 28,2023)

4: Prime legal,"conclusion" https://primelegal.in (last visited on November 28,2023)