Aditya Awasthi & Piyush Goyal, Asian Law College
“Every saint has a past and every sinner has a future” – Oscar Wilde
Prison as a place where treatment takes precedence over custody is said to be the foundation for Prison Reform. The main obstacle to Prison Reform in India is Overcrowding. It is first recommended that prison populations be reduced by establishing Local Custodial facilities for unconvicted offenders and by using community treatment alternatives to minimize short term prison sentences .If these steps are taken, the prisons can devote their efforts to organizing and planning for long term inmates. The constitution of India instituted equality, provides right to freedom of speech and expression, peaceful assembly, freedom from arbitrary arrest, protection of life and liberty right against exploitation, freedom of conscience and free profession, practice and propagation of religion and educational and cultural rights. It also provided teeth to those rights by making them enforceable by direct access to the Supreme Court of India. In the comprehension of the Supreme Court the right to life and liberty includes, right to human dignity, right to privacy, right to speedy trail, right to free legal aid, right to be prisoner to be treated with dignity and humanity, right to bail, right to compensate for custodial death, right of workers to fair wage and human conditions of work, right to security, right to education and right to health environment. In this paper would attention on the concept of prison constitutional provision related to prisoner at the end would be suggestion and conclusion. This paper argues for a new vision of prison reform. It argues that reform arguments should couple humanitarian impulses with pragmatic concerns. Almost all prisoners are eventually released. Poor prison health care is increasingly creating public health risks to the general population, and in particular to the communities to which prisoners return. Failure to treat chronic conditions and mental illness creates strains on community health providers and families, and causes recidivism. Failure to properly treat communicable diseases such as tuberculosis, HIV disease, hepatitis C, and syphilis harms the public more directly by exposing them to infection and the recent outbreak of Covid-19 has further intensified the need of amended reform for prisoners.
Keywords- Preamble, Imprisonment, Prison, Administration, Custodial.