The Judiciary As Custodian Of Constitutional Morality And Human Rights Of Prisoners In India
- IJLLR Journal
- Aug 29
- 2 min read
Anita Kumawat, Assistant Professor, Government Law College, Churu, Rajasthan, India
Prof. (Dr.) Anil Kaushik, Professor & Dean Faculty of Law & Arts, RNB Global University, Bikaner, Rajasthan, India
ABSTRACT
This paper explores the crucial role of the Indian judiciary as the custodian of constitutional morality and the protector of the human rights of prisoners. Articles 14, 19, 21, and 22 of Indian Constitution are the foundation of this concept. The judiciary, especially the Supreme Court and High Courts, have gradually interpreted and extended these provisions to safeguard the dignity, liberty, and equality of incarcerated individuals. The paper highlights the judiciary’s transformative jurisprudence, particularly in extending the ambit of Article 21 to encompass the right to life with dignity, protection against custodial violence, right to legal aid, fair and speedy trials, and freedom from arbitrary handcuffing or solitary confinement.
Through the analysis of landmark judgments Sunil Batra v. Delhi Administration, Maneka Gandhi v. Union of India, DK Basu v. State of West Bengal, and R.D. Upadhyay v. State of Andhra Pradesh the study underscores the judiciary’s proactive stance in curbing institutionalized cruelty and asserting prisoners' rights. Special attention is given to the gender-sensitive adjudications aimed at protecting women prisoners and children born in custody. The research also delves into the role of prison reforms, constitutional accountability of executive agencies, and the judiciary’s authority to award compensation in cases of illegal detention or custodial death This study reaffirms that imprisonment does not entail the forfeiture of fundamental rights but only subjects an individual to reasonable restrictions consistent with prison discipline. In doing so, the judiciary emerges not merely as an interpreter of laws but as a dynamic institution championing constitutional morality and ensuring humane treatment for even the most marginalized those behind bars.
Keywords: Constitutional Morality, Human Rights, Prisoners, Judicial Activism, Incarceration
