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Prison Reforms In India: A Human Rights Perspective

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Nikhil Anand, Amity Law School, Patna


ABSTRACT


Prison reforms in India are a matter of criminal justice and human rights. Imprisonment used to be regarded as a means of punishment, discipline and social control. However, modern criminal justice systems give more importance to reformation, rehabilitation and reintegration of the prisoners. This article analyses prison reforms in India from a human rights perspective, including historical development, legal framework, international standards, judicial approach, as well as current problems and possible reforms. The study reveals that despite constitutional safeguards, many aspects of imprisonment in India still need improvement. The article also highlights the role of the judiciary in promoting penal reforms through landmark judgments on issues of custodial torture, legal aid, humane treatment and equality in prisons. International treaties and conventions, as well as the Nelson Mandela Rules provide important guidelines for the humane treatment of prisoners and positive custodial reforms. The article argues that improved prison reforms require enhanced implementation of existing policies and laws, better infrastructure and health services, independent monitoring mechanism, legal aid, rehabilitation and aftercare programs. A human rights- based approach to imprisonment is necessary to ensure that prisons are places of dignity, correction, rehabilitation and re-entry into society.


Keywords: Prison Reforms, Human Rights, Prisoners' Rights, Article 21



Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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Submit Manuscript: Click here

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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.

 

Disclaimer:

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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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