top of page

Systemic Violations Of Prisoners’ Rights In India: A Study Of Overcrowding, Delay, And Institutional Failure

Sep 28
2 min read



Harsh Anand, Christ University, Bangalore


ABSTRACT


The following paper sheds light on how the Indian prison system continues to fall short in protecting the basic rights of prisoners. By taking reference from several reports, it shows that violations inside prisons are still common even though the Constitution promises equality, freedom and dignity to every person. The paper focuses on the protection offered by Articles 141, 192 and 213 of the Indian Constitution and explains how these rights remain important even when a person is in custody. It discusses numerous major judgments which shaped the understanding of personal liberty and fair procedure and also shows how the judiciary has tried to prevent custodial violence and ensure humane treatment.


The paper observes a theme which studies constitutional rights of the prisoners. While several existing studies and researches on the similar topic describe prison problems and the inhumane conditions of prisoners, they do not show how these failures directly cause violations of constitutional rights and what can be the reforms to such systemic violations of prisoner rights, and the paper fills this gap by linking these failures to Articles 14, 19 and 21 of the Indian constitution and recommending some legal reforms for this long-rooted problem.


The paper further examines international standards such as the United Nations Basic Principles for the Treatment of Prisoners and the International Covenant on Civil and Political Rights. These instruments place strong emphasis on dignity and humane conditions. By comparing these standards with the reality in India, the study highlights the gap between international safety measures and the reality of the Indian prison system. The paper concludes by suggesting legal reforms that can address overcrowding, poor health care and weak oversight. These reforms aim to create a system that respects constitutional rights and improves the overall treatment of prisoners.


Keywords: Prisoners' Rights, Constitutional Safeguards, Judicial Pronouncements, Systemic Issues, International Human Rights Standard.



Indian Journal of Law and Legal Research

​

Abbreviation: IJLLR

​

ISSN: 2582-8878

​

Website: www.ijllr.com

​

Accessibility: Open Access

​

License: Creative Commons 4.0

​

Submit Manuscript: Click here

​

Licensing: ​

 

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:

​

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.

bottom of page