Overcrowded Prisons To Rehabilitation Models: A Comparative Analysis Of Prison System In India, UK And USA
Gauri Tyagi, Amity Institute of Advanced Legal Studies, Amity, Noida, Uttar Pradesh
ABSTRACT
The right to life and liberty is a human right enjoyed by every individual around the world by virtue of being human itself, and in the Indian Context, this right has been recognized as a fundamental right. However, the Constitution of India provides that the right to life and liberty can be curtailed by due process of law, and therefore it hints towards the prisoners’ rights. The prisoners, though their right being curtailed by the procedure established by law, but the fact that they are human being itself entitles them right to human dignity. In India, nearly three out of every four inmates in prison are waiting for the conclusion of their trial. This highlights a massive challenge in implementing human rights. The researcher aims to identify the core reason for such unbridled number of prisoners and to observe the impact of such a procedural sluggishness upon the society. Furthermore, the objective of this research article is to identify the impediments in enforcing the human rights of the prisoners and to do a comparative study of the conditions of the prisoners in India with that of UK and USA. Additionally, the paper examines the hurdles in implementing the rehabilitative and correctional model in the Indian prison system where nearly 74% to 80% of population in prison is non-convict. Adopting the doctorial methodology, this research article analyzes data to examine the conditions of prisoners globally and suggests how the new rehabilitation concept can cure the problem of overcrowded prisons.
KEY WORDS: Prisoners, human rights, over-crowded prisons, rehabilitation of prisoners, under-trial prisoners, Staff Crisis.
