Role Of Indian Judiciary In Protection Of Right Of Female Prisoners
- IJLLR Journal
- Mar 25
- 1 min read
Aditi Sharma, Babasaheb Bhimrao Ambedkar University Lucknow
Nishith, Babasaheb Bhimrao Ambedkar University Lucknow
ABSTRACT
The Indian judiciary as guardian of Indian Constitution and custodian of Fundamental right has played an significant role in upholding the legal and constitutional rights of female prisoners and observing, addressing and guiding on critical issues such as inadequate healthcare, cases related to custodial violence, and the absence of gender specific infrastructure within Indian Prisons and very limited facilities. Indian Judiciary gas also played a significant role in the interpreting the principles observed under Articles 14, 19, and 21 of the Indian Constitution, as well as India’s commitment to international laws and treaties where India is a signatory such as under the United Nations Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules) and the United Nations Rules for the Treatment of Women Prisoners and Non-Custodial Measures for Women Offenders (Bangkok Rules). Judicial interventions in the protecting the right of women prisoners and reforming the prison administration have been pivotal in ensuring the protection of the dignity and fundamental rights of female prisoners. Through landmark jurisprudence, the courts have addressed every possible issues such as custodial violence, harassment, and the lack of gender-specific facilities. Judicial pronouncements by the Hon’ble Supreme Court and High Courts have directed the establishment of separate and adequate healthcare provisions for pregnant women, nursing mothers, and children residing within prison premises. Furthermore, the judiciary has emphasized the necessity of implementing vocational training, educational programs, and rehabilitation measures specifically designed for female prisoners to facilitate their effective reintegration into society upon release.
Keywords: rehabilitation, Judicial pronouncements, Indian Constitution, Female prisoners, custodial violence
