Article 21 Of The Indian Constitution: A Safeguard Against Arbitrary Detention, Custodial Violence, And Torture Of Prisoners
- IJLLR Journal
- 5 days ago
- 2 min read
Shivani Tripathi, Assistant Professor, City Academy Law College, Lucknow (Affiliated to University of Lucknow)
ABSTRACT
Article 21 of the Indian Constitution isn’t just a line in the law books—it’s the backbone of human rights protection in India’s criminal justice system. Over the years, the Supreme Court has made it clear: even if someone ends up in prison, they don’t lose their basic human dignity or rights. Article 21 doesn’t just mean the right to stay alive. It covers living with dignity, getting legal help, facing a speedy trial, and being safe from cruel or degrading treatment. This research paper dives into how India’s courts have shaped and expanded the rights of prisoners, focusing on key Supreme Court decisions. Take Sunil Batra v. Delhi Administration (1978)—here, the court called out torture, solitary confinement, and other inhumane prison practices as outright violations of Article 21. That case changed prison law for good. And when you look at D.K. Basu v. State of West Bengal (1997), the judges set out clear rules to curb police brutality and custodial deaths, putting accountability and transparency front and centre. In Hussainara Khatoon v. State of Bihar (1979), the court pushed for speedy trials and decent treatment for undertrial prisoners. Then, in Prem Shankar Shukla v. Delhi Administration (1980), they said handcuffing prisoners is a blow to their dignity, unless there’s a strong, specific reason. By looking at these rulings, you see how the courts turned Article 21 from a constitutional idea into a real force for social justice. Recognizing prisoners’ rights under Article 21 doesn’t just keep government power in check; it also supports the human- centred values at the heart of India’s Constitution. In the end, real prison reform and holding authorities responsible aren’t optional—they’re essential to truly protect life and liberty for everyone.
Keywords: Prisoners’ rights, Custodial violence, Supreme Court Jurisprudence, Human Dignity, Constitutional Protection
