Table of Contents

Rights and Duties of Prisoners

Rights and Duties of Prisoners under Model prison manual, 2003

Rights and Duties of Prisoners

Rights and Duties of Prisoners

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Rights and Duties of Prisoners

Rights and Duties of Prisoners

Rights and Duties of Prisoners

Rights and Duties of Prisoners

It is, therefore, high time that in the light of the observations made by the Supreme Court of India, the rights and duties of prisoners are clearly spelt out. In this respect, the All India Committee on Jail Reforms, 1980-83has suggested as under:

RIGHTS OF PRISONERS

Right to Human Dignity

(i) Prisoners have the right to be treated as human beings. The Supreme Court of India states they should not be seen as non-persons.

(ii) Prisoners have the right to bodily safety, free from abuse by staff or other prisoners.

(iii) Prisoners have the right to mental safety, protected from harm or threats.

(iv) Prisoners retain their fundamental rights under the Constitution of India, except when the law allows restrictions on their confinement conditions.

Right to Basic Needs

Prisoners have the right to their basic needs. This includes a proper diet, access to health care and medical treatment, clean drinking water, and hygienic living conditions. They should have sanitation facilities, personal hygiene items, and sufficient clothing and bedding.

Right to Communication

Prisoners have the right to communicate with people outside the prison. They should have regular interviews and the opportunity to receive news and information from the outside world through various media.

Right to Access to Law

Prisoners have key rights for accessing legal support:

They can get information about laws affecting their detention.
They can choose a lawyer for help.
They can access legal aid organizations.
They must be informed about their rights to appeal or review their conviction.
They can receive necessary court documents for appeals.
They can file complaints and grievances while in prison.
They can contact officials and agencies about rights violations and seek help for their issues.

Right Against Unfair Punishment in Prison

Entitlement for Disciplinary Violations

If a prisoner breaks the rules, they have the right to:

– (i) Clear information about the violation,

– (ii) A chance to defend themselves,

– (iii) Know the decision on the disciplinary action,

– (iv) Appeal the decision as per the rules.

Right to Meaningful Work

Right to Meaningful Employment

– Note 1: No prisoner can be forced to do unpaid work, which is a violation of rights under Article 23 of the Constitution.

– Note 2: Undertrial prisoners who volunteer can work and must be paid accordingly.

– Note 3: Prisoners should not do household work for staff, as this is not considered meaningful work, even if they receive payment.

Right to be released on the due date.

DUTIES OF PRISONERS:

Each prisoner must:

(a) Obey lawful orders from prison authorities.

(b) Follow all prison rules and regulations.

(d) Respect the dignity of other inmates and staff.

(e) Avoid hurting others’ religious beliefs.

(f) Care for Government property and avoid damage.

(g) Assist prison officials and maintain order.

(h) Foster a positive correctional environment.

In the case of the State of Andhra Pradesh v. Challa Ramkrishna Reddy, the court held that a prisoner is entitled to all the fundamental rights unless curtailed by the constitution.