Fundamental Rights through the Lens of Prisoners

Abstract

The term Imprisonment feature, directed from the correction technique of each sovereignty in the nation has been growing quickly over and over a long period. Around 11.5 million prisoners across the nation, according to the “World Prisoners Population list” and in accord with “National Crime Records Bureau Ministry of Home Affairs” there are 1319 prisoner’s homes in the country (India) having 5,54,034 prisoners but at the same there are 547 inmates are in jail across the India in which 4,27,165 are undertrial and the convicts are 1,22,852 which could be a country’s population. While researching, “the researcher carried many case laws, books, journals etc. the paper aims to examine judicial attitude towards prisoners under Indian law”. The purpose is to analyse the fundamental rights of the prisoners. This Research focuses on primordial, law organisation, and legal provisions that are supported by the relevant case laws. All are born equal and are having some basic fundamental rights. The rights basically are right to life and liberty. Also, the Supreme Court’s decision in the case of Gideon v. Wainwright , right to counsel was established under the 6th amendment, regardless of a defendant’s ability to pay for an advocate. The "Father of our Nation" Mahatma Gandhi was correct when he said, "Hate the Crime, but not the Criminal." Years and years ago, the situation of the inmates was even worse because they were treated like "animals" and had no access to provisioners. After a decade, society had discovered that there are some basic fundamental rights that should be given to the prisoners. If a person relegate a crime, it does not mean that he has quitted being human that he denudes off his life which consists of human dignity. And the reconstructing of prions and their rights in India needs prime attention.