S L U P E S D: Chool OF AW Niversity OF Etroleum AND Nergy Tudies Ehradun

SCHOOL OF LAW
UNIVERSITY OF PETROLEUM AND ENERGY STUDIES
DEHRADUN
B.A.LL.B. CRIMINAL LAWS
5TH YEAR, BATCH-2
IX SEMESTER
PENOLOGY & VICTIMOLOGY.
WRITE UP ON: RIGHTS OF PRISONERS & DISCIPLINARY REGIME OF INDIAN

PRISONS.
SUBMITTED UNDER THE GUIDANCE OF: ABDUL AZEEZ SIR
SUBMITTED BY:
RISHAV BHARDWAJ
ROLL NO. R154216084
SAP I.D. 500054597

RIGHTS OF PRISONERS & DISCIPLINARY REGIME OF INDIAN
PRISONS.
RIGHTS OF PRISONERS:
The word detainee implies any individual who is held under authority in prison or jail since
he/she submitted a demonstration disallowed by rule that everyone must follow. A detainee
otherwise called a prisoner is any individual who without wanting to is denied of freedom.
This freedom can be denied by intense limit or control. Detainees' privileges manage the
privileges of the prisoners while in a correctional facility. Detainees have fundamental
legitimate rights that can't be detracted from them. The essential rights incorporate right to
food and water, option to have a lawyer to guard himself, security from torment, savagery
and racial badgering. Segment 1 of the Prison Security Act1992, characterizes the term
detainee. The word detainee implies any individual for the time being in a jail because of any
necessity forced by a court or in any case that he be kept in legitimate care. The rights
ensured in the part III of Indian Constitution are accessible to detainees; on the grounds that a
detainee is treated as an individual in jail.Article 14 contemplated that like should be treated
alike, and also provided the concept of reasonable classification. This article provides the
basis for prison authorities to determine various categories of prisoners and their
classification with the object of reformation. Indian constitution guarantees six freedoms to
citizens of India, among which certain freedom can’t be enjoyed by the prisoners. They are
 Freedom of movement,
 Freedom to residence and to settle
 Freedom of profession.
But other freedoms conferred in this article are enjoyed by the prisoners. Moreover,
constitution provides various other provisions though cannot directly be called as prisoner’s
rights but may be relevant. Among them are Article 20(1), (2) Article 21 and Article 22(4-7).
 The Prisons Act, 1894:
This act is the first legislation regarding prison regulation in India. The following are some of
the important provisions regarding prisoner’s rights:
 Accommodation and sanitary conditions for prisoners.
 Provisions relating to mental and physical state of prisoners.
 Examination of prisoners by qualified medical officer.
 Separation of prisoners for male, female, criminal, civil, convicted and under trial
prisoners.
 Provisions for treatment of under trials, civil prisoners, parole and temporary release
of prisoners.
 The Prisoners Act, 1990:

 It is the duty of the government for the removal of any prisoner detained under any
order or sentence of any court, which is of unsound mind to a lunatic asylum and
other place where he will be given proper treatment.
 Any court which is a high court may in case in which it has recommended to
government the granting of a free pardon to any prisoner, permit him to be at liberty
on his own cognizance.
 The Transfer of Prisoners Act, 1950:

This act was enacted for the transfer of prisoners from one state to another for rehabilitation
or vocational training and from over-populated jails to less congested jails within the state.
 The Prisoners (Attendance in Courts) ACT, 1955:

This Act contains provisions authorizing the removal of prisoners to a civil or criminal court
for giving evidence or for answering to the charge of an offence.
Cases Decided By Supreme Court and High Court:

 D.B.M.Patnaik v. State of Andhra Pradesh
The SC asserted that the mere detention does not deprive the convicts of all the fundamental
rights enshrined in our constitution.
 Â Hiralal Mallick v. State of Bihar

In 1977 the SC stressed for the rehabilitation of prisoners and reformation of prisons.
 Â Sunil Batra v. Delhi Administration

The court held that #the fact that a person is legally in prison does not prevent the use of
Habeas Corpus to protect his other inherent rights#.
 Â Prem Shankar Shukla v. Delhi Administration

The court held that no person shall be hand-cuffed, fettered routinely for convince of the
custodian#s escort.
 Â R.D. Upadhyay v. State of A.P and Ors.

The right to fair treatment and right of judicial remedy are pre-requisites of administration of
prison justice.
 Â Hussain Ara Khatun v. State of Bihar

Court adopted a dynamic and constructive role with regard prison reforms. Court apart from
other things stressed on the improvements of the conditions of the prisons in India.
DISCIPLINARY REGIME OF INDIAN PRISONS:

Penitentiaries in India are overseen and worked by various types of staff. The Model Prison
Manual of 2003 sets out seven sorts of staff in jails; specifically Executive, Medical, Welfare,
Educational, Technical and Agricultural. From these, a limited subset of the Executive staff is
liable for the 'policing' of prisoners and the resulting upkeep of control; these are known as
the 'Guarding Personnel'. Guarding Personnel, comprising of the positions of 'Boss Warder',
'Head Warder' and 'Corrections officer' are the essential interface between the jail specialists
and the detainees. The Model Prison Manual recommends that on a fundamental level, there
is to be one individual from guarding staff for each six detainees. As indicated by information
from the National Crime Records Bureau; in the long term time frame somewhere in the
range of 2001 and 2010, the proportion between guarding staff and jail prisoners was around
1 for each 10 on normal the nation over. Conversely the United States, the most elevated
incarcerator on the planet, detailed a proportion of prison guards to detainees of 5.1 in 2005,
while the United Kingdom announced a figure of 4 detainees for each jail official on normal
somewhere in the range of 2000 and 2006. The national figure however masks substantial
differences between States; for instance, Jharkhand presented a ratio of 1 member of the
guarding staff for every 28 prisoners, while Bihar and Gujarat were not too far behind with
one member of the guarding staff for every 23 and 18 prisoners respectively. In contrast
states like Kerala, Tamil Nadu and Andhra Pradesh reported ratios of guarding staff to
prisoners of between 1 to 6 and 1 to 7; much closer to the prescribed amount. It is important
to note however that these figures do not account for the shifts of the guarding staff. Prisons
need to be watched over 24 hours a day, and it goes without saying that the actual numbers of
guarding staff in relation to prisoners at any given time will be smaller than these depending
on shift arrangements. . On taking a gander at the outcomes detailed the nation over,
obviously most, particularly the bigger States, are encountering deficiencies of guarding staff
comparable to jail detainees. This has moment suggestions for the way in which
penitentiaries are run and 'order' is noticed. Less staff individuals spread over bigger
quantities of detainees can't keep a nearby enough track on their developments and conduct.
This shortage in numbers additionally guarantees that jail specialists are careful about taking
straightforwardly hostile positions versus detainees, given their restricted methods for
guaranteeing discipline, particularly if the whole populace assembles against them. What this
means on the ground, is a connection among detainees and the organization that is more
tuned towards the accomplishment of a steady harmony than to the burden of disciplinary
techniques in a top down style. The part of 'Convict Officers' in such manner is educational;
these are convicts who are chosen by the Prison organization to help in the support of control
and request in the jail. These people play out a significant actual capacity, yet additionally fill
in as an essential by means of medium between the jail specialists and the prisoners. The
arrangements for beneficial work of various types in the bigger Central Prisons may likewise
be assessed in this double way. Note that this work isn't 'hard work' as expectedly connected
with detainment. All things being equal, detainees are given the chance of participating in
talented or semi-gifted work, for example, carpentry, cooking, heating or working with
materials and are compensated for this work. From one perspective this fills the expressed
need of restoring them and giving them the abilities important to re-incorporate into society;
on the other, it guarantees the jail authority a pool of people who have a solid stake in the
upkeep of request and sincere relations in the jail.
To finish up, I have contended that the exact real factors of jail organization in India render
far-fetched the image of detainment facilities in the Country as forcing an 'continuous order'
on their detainees. The cycle of jail organization in the nation is all the more precisely
observed as one of continuous exchange; inspired by a craving with respect to the jail
organization to keep up a steady balance. The enrolling of convicts as convict officials, and
the arrangements of gainful work for prisoners may both be viewed as components of this
bigger goal.

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SCHOOL OF LAW

UNIVERSITY OF PETROLEUM AND ENERGY STUDIES

B.A.LL.B. CRIMINAL LAWS

5TH YEAR, BATCH-2

PENOLOGY & VICTIMOLOGY.

WRITE UP ON: RIGHTS OF PRISONERS & DISCIPLINARY REGIME OF INDIAN

SUBMITTED UNDER THE GUIDANCE OF: ABDUL AZEEZ SIR

ROLL NO. R154216084

SAP I.D. 500054597

 The Prisons Act, 1894:

 The Prisoners Act, 1990:

 The Transfer of Prisoners Act, 1950:

 The Prisoners (Attendance in Courts) ACT, 1955:

Cases Decided By Supreme Court and High Court:

 Â Hiralal Mallick v. State of Bihar

 Â Sunil Batra v. Delhi Administration

 Â Prem Shankar Shukla v. Delhi Administration

 Â R.D. Upadhyay v. State of A.P and Ors.

 Â Hussain Ara Khatun v. State of Bihar

DISCIPLINARY REGIME OF INDIAN PRISONS:

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