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The Rights Of Prisoners In India With Respect To Human Rights - An Analytical Study




Ms. Monisha. M, Assistant Professor, Soundarya College of Law

Ms. Lasya. V, B.Com. LLB, Soundarya College of Law


ABSTRACT


The recognition of unenumerated rights within the Indian Constitution reflects a commitment to a just and inclusive society. The Indian Constitution explicitly enumerates certain rights but also expands beyond some specific provisions. The unenumerated rights of prisoners encompasses broader principles such as due process, fair treatment and humane conditions of confinement, they serve as a safeguard against arbitrary or excessive punishment.


In this research, authors aim is to ensure that prisoners are treated with dignity and respect, and have access to essential services such as healthcare, legal aid and opportunities for rehabilitation.


The Indian judiciary plays a vital role in recognizing and safeguarding unenumerated rights, particularly about prisoners’ rights. Further, this paper will give the analysis of human rights, landmark judgments like in Sunil Batra v. Delhi Administration (1978)1 case and how the judiciary has emphasized the principles of proportionality individual treatment and rehabilitation measures also on how these judicial decisions have resulted in the establishment of policy reforms and more humane criminal justice system that respects the inherent worth and dignity of prisoners, what can further be done for the betterment of prisons.


Keywords: Human Rights, Rights of prisoners, Health of prisoners.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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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:

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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