Riya Jhaveri, Pravin Gandhi College of Law,
Sagnik Bag, Jindal Global Law school &
Dushyant Rathore, Institute of Law Nirma University
Introduction
In a civilised society that we live in today’s age and time, the purpose of jail is to reform the convicts rather than just punishing them by incarceration. All of the department's actions are geared toward reintegrating these inmates into society as reformed, responsible, and economically capable individuals.
All prisoners shall retain the human rights and fundamental freedoms enshrined in the Universal Declaration of Human Rights, and, where the State concerned is a party, the International Covenant on Economic, Social, and Cultural Rights, as well as the International Covenant on Civil and Political Rights and the Optional Protocol thereto, as well as any other rights enshrined in other United Nations covenants. In India, the Prison Security Act, 1992 grants the prisoners their human rights based on the international standards set by the Universal Declaration of Human Rights.
But the reality seems to be hugely different from what the theory aspires to. The issue can be best understood through the incident that took place in one of the prisons in India.