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A Critical Analysis Of The Human Rights Of Women Prisoners And Their Abuse In Indian Prison




Dr. Sandeep Kumar, Associate Professor, HPUILS, Shimla

Samita Kumari, Ph.D. Scholar, Department of Laws, Himachal Pradesh University, Shimla-HP


ABSTRACT


All humans are autonomous, free, and deserving of respect; they are also born with some fundamental rights. These rights mainly consist of the right to life and liberty, but if someone disobeys social conventions, those rights are taken away along with the proper punishment. Human rights are universal and unalienable to all individuals, regardless of their country of origin, location of residence, sex, race, gender, religion, language, or any other status. According to List II (State List), found in Schedule VII of the Indian Constitution, prisons and their administration are state affairs since these rights are basic and everyone has an equal and unrestricted access to them. In prison facilities throughout states and union territories, there are several levels of prisons, including central jails, district jails, women's jails, sub jails, open jails, special jails, and borstal schools. The jail population has dramatically grown over the past few decades, posing problems with security, health and hygiene, overcrowding etc.


There were 1,319 prisons around the country as of December 31, 2021, according to data from the National Crime Records Bureau. Correctional facilities fall into three major categories: Central prisons (148), District jails (424) and Sub jails (564). Additionally, there are special prisons (41), open prisons (88), borstal schools (19), and women's prisons (32). The total number of prisons at national level has increased from 1,330 in 2022 to 1,332 in 2023 having increased by 0.2%. The 1,332 prisons in the country consist of 549 Sub Jails, 436 District Jails, 152 Central Jails, 101 Open Jails, 47 Special Jails, 35 Women Jails, 10 Borstal Schools and 2 Other than the above Jails. The primary object of this study is to analyse the rights of women prisoners as guaranteed by the Indian Constitution, as well as National and International legislations in India. Due to the inadequate implementation of these regulations, women who are incarcerated face a variety of problems. The study explores the rights of women prisoner in India and problems faced by women prisoners in Indian prison. Researcher will find out the safeguards that are made only for women prisoners. The Research Methodology used by the researcher is purely doctrinal in nature. The researcher has used the secondary sources for material such as books, Journals, Reports and online Articles.


Keywords: Human Rights, Prisons, Prisoner, Female Prisoners.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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