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The term "prisoner" is defined under section 1 of the Prison Security Act of 1992 as "any individual who is kept in legal custody for the time being in a prison as a result of any requirement imposed by a court or otherwise." To put it another way, a prisoner is someone who gets imprisoned against his will. One who has his liberty taken away from him and is held in custody against his will. Forceful restriction or confinement can revoke this liberty.
We can also state that a "prisoner" is a person who gets imprisoned or held in custody because he or she has committed a crime against the law of the land. However, that does not ratify that they should get subjected to torture, cruel, inhuman, and degrading treatment.
The Supreme Court has highlighted that a prisoner, whether convicted, under trial, or detained, does not cease to be a human being and that, while incarcerated, he is entitled to all of his fundamental rights protected by the Indian Constitution, including the right to life. Even if a person is found guilty and deprived of his liberty in line with the law, a prisoner retains the remainder of his fundamental rights. In the case of Sunil Batra v/s Delhi Administration, the court firmly stated that prisoners are people who are entitled to their fundamental rights while in custody. Even if, there may be some shrinkage of fundamental rights, they should not get tortured.
Right to Life includes various other rights that get enshrined upon the prisoners in India. The following are the rights of prisoners that are implicitly guaranteed under Article 21 of the Indian Constitution:
Right of inmates of protective homes
Right to free legal aid
Right to a speedy trial
Right against cruel and unusual punishment
Right to a fair trial,
Right against custodial violence and death in police lock-ups or encounters
Right to live with human dignity
Aside from these rights, the Indian Constitution also guarantees the following rights to prisoners:
Right to meet friends and consult a lawyer
Rights against solitary confinement, handcuffing & bar fetters, and protection from torture
Right to reasonable wages in prison
While they get incarcerated, prisoners get entitled to all of their fundamental rights. Although the Indian Constitution does not specifically guarantee prisoners' rights, Articles 14, 19, and 21 of the Constitution implicitly do, and the Prisons Act of 1894 has measures for the comfort and safety of inmates. When constitutional rights or statutory prescriptions get violated to the detriment of a prisoner, the Court has declared that it has the authority to intervene with the prison administration. In various situations, the Supreme Court has ruled that a prisoner is a human being, a natural person, and a legal person.
For a more detailed understanding, refer to the" Sunil Batra v. Delhi Administration & Others" case study by clicking the case below.
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