Yashika Nayak & Advocate, High Court of Madhya Pradesh, Gwalior
ABSTRACT
This Chapter explores the legal and humanitarian rights of prisoners, with a particular emphasis on finding a balance between the state's need to uphold order and the individual rights of those who are in custody. Despite lacking some freedoms, prisoners have the right to basic human rights outlined in global agreements and local laws, with a focus on the development of prisoners' rights, including important legal decisions and tools that have influenced current legal systems, particularly regarding the rights specified in Article 14, 19, and 21 of the Indian Constitution. The chapter delves deeper into the real-world aspects of individuals' lives, particularly addressing issues like overcrowding, insufficient healthcare, and the mental impact of being imprisoned. Particular focus is given to the rights of vulnerable populations such as women, juveniles, and mentally ill prisoners, as well as the importance of implementing policies that are sensitive to gender and mental health issues. By thoroughly examining current lega structures, court decisions, and efforts to reform prisons, this section highlights the pressing requirement for overall adjustments to guarantee that the privileges of prisoners are not only acknowledged but actively maintained. The analysis finishes by providing suggestions to enhance the legal protection of prisoners and fill gaps in enforcement, ultimately advocating for a more compassionate and fair prison system.
Keywords: Prisoner Right, Human Dignity, Inadequate Health Care, Overcrowding, Mental Ill Inmates, Human Rights, Gender Sensitive policies.
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