UNIVERSITY OF LUCKNOW

ASSIGNMENT

RIGHTS OF WOMEN PRISONERS

SUBMITTED TO:
DR. VINITA KACHER

SUBMITTED BY:
AMIT SINGH
LL.M. 3rd Sem.
ROLL NO.:- 200013215052

1
 ACKNOWLEDGEMENT

This assignment has been made for the purpose of covering a part of the syllabus
of the TREATMENT OF OFFENDER AND VICTIMOLOGY as prescribed by
University of Lucknow.
I hereby, acknowledge my mentor DR. VINEETA KACHER MAM for her
expert guidance and views in each and every aspect.
Without her help, making of this assignment would never have been possible.

COMPILED BY:
AMIT SINGH
L.L.M. 3rd SEM

Page | 2
 TABLE OF CONTENT

▪ INTRODUCTION

▪ CONSTITUTIONAL STATUS OF WOMEN PRISONERS IN INDIA

▪ ANALYSIS OF INTERNATIONAL CONVENTIONS FOR THE

PROTECTION OF WOMEN PRISONERS

▪ UDHR

▪ CIVIL AND POLITICAL RIGHTS

▪ CONSTITUTIONAL AND OTHER LEGAL PROVISIONS

▪ ANALYSIS OF JUDICIAL INTERPRETATION

▪ CONCLUSION

▪ REFERENCE

Page | 3
 INTRODUCTION

Indian society gives honorable status to the women. The position of a woman
in the Vedas and the Upanishads is that of a mother or goddess. In the
Manusmriti, women are considered as precious being or be projected first by
her father, then by her brother and husband and finally by, her son. Presently
women represent 48.2 percent of the country’s population. Several
development programmers have been implemented by the Five Year Plans. In
1985, a separate Department of Women and Child Development was set up.
The major programmers include Support to Tanning-cum-Employment
Programme (STEP) for women, Mahila Kosh, Women’s Development
Corporation, etc. In India, there is also a need for programs for solving the
acute problems of women prisoners inside or outside the prisons In a male
dominating society, women often face discrimination. Many crimes are also
being committed against the women in the society. Women are exploited in
the society at different levels because of their unawareness about their legal
rights. The condition of the women prisoners is also not good. They are being
oppressed and tortured in the prisons. Custodial horror is a daily occurrence
for women prisoners in India. What can a woman do when her ‘custodians’
become her violators? The question is very intimidating and frightening but
this is happening to women in India. There have been innumerable cases
where ‘men-in-khaki’ as we usually refer to the police as, have been caught
outraging the women prisoners modesty, inside and outside the jail. Worse,
women prisoners in India are not just raped but even murdered by policemen.
Most of the women in Indian jails are of poor background. A woman of rich
background whatever may be the ground generally avails all the privileges in
the jail as Rajya Sabha member K. Kanimozhi was sent to Tihar jail based on
involvement in high profile 2G spectrum case1. She pleaded in the court that
she should get bail because she is a woman and a mother and was granted bail
on November 28, 2011. In judicial custody for over six months, she was
given a separate cell in the women’s section, equipped with a bed, television,
and a toilet. But what about the women having no privilege, who suffer a lot
of problems in the prison. Most of the women do not even know about the
court procedure. Moreover the Prison Act, 1894 is too old. It contains no
provisions regarding the welfare of the women prisoners. Deputy Director,
Institute of Correctional Administration, Chandigarh, Dr. Upneet Lalli

1 CBI Vs. A. Raja and ors 45(A) 2009 CBI, ACB, New Delhi.
Page | 4
 mentioned that the Prisons Act, 1894 focuses only on prison security, offense,
and punishment and not on correction, reformation and rehabilitation of
prisoners. She felt that problems still existed and charges were required in the
areas of overcrowding, delay in trial and legal aid, health and hygiene, prison
visits-procedure, food-hygiene, quality, service, poor living conditions,
women and children-drugs, mobiles, security issues, lack of educational,
vocational training, lack of reformation and slow pace of modernization. She
stated that as about 4.1% of prison populated consisted of women, the
problems of women prisoners should also be given due care.

CONSTITUTIONAL STATUS OF WOMEN PRISONERS IN

INDIA:

Constitution of India does not provide specific guarantees to the women

prisoners. However, the Indian Constitution gives the status of equality to the
women. The Founding Fathers of the Indian Constitution gave serious
thought to protect and promote the rights of Women and Children. This is
amply reflected in the Preamble which contains “the ideals and aspirations of
the people of India”. One of the golden ideals is “the equality of status and
opportunity”. Constitution of India under Article 14 provides equal protection
of laws to the women in India and Article 15 prohibits discrimination on
grounds of sex. But still Indian women prisoners are facing many problems.
Article 21 of the Constitution of India states various rights for women
prisoners, for example; Right to inmates of protective homes; Right to free
legal aid; Right to speedy trial Women prisoners have the right to a speedy
trial. There is an undoubted right of speedy trial of undertrial prisoners, as
held in a case of Supreme Court2, Right against cruel and unusual
punishment, Right to a fair trial, Right against custodial violence and death in
police lock-ups, Right to live life with human dignity. Constitution of India
also gives rights against solitary confinement, handcuffing & bar fetters, and
protection from torture3. The government of India passed the Protection of
Human Rights Act, 1993, and constituted a body known as the National
Human Rights Commission for the promotion and protection of human rights.
Part 4 of the Constitution of India sets out the Directive Principles of State
Policy which gave direction to the State to provide economic and social rights

2
Hussainara Khatoon &Ors Vs. Home Secretary, State of Bihar 1979 AIR 1369, 1979 SCR (3) 532
3
Prem Shankar Shukla Vs. Delhi Administration, AIR 1980 SC 1535
Page | 5
 to its people in a specific manner. India has also ratified various International
Conventions and Human Rights Instruments committing to secure equal
rights of women.The framers of Indian Constitution referred and adopted the
Vedic principles of equal status and opportunity to men and women in the
Indian constitution .The state under Art15 (3) have made special provisions to
the women and children. It was given equal position in cultural and structural
field and opportunities in educational and employment field, the government
formulated the policies in the educational, political, economical and social
field. There isseveral International Bill of Human rights that women have
complete and equal right with men in every aspect4. Woman was kept in a
very unique position in our Indian culture, she was the pillar of the family,
she was a mother, sister, daughter, daughter in law in the family, if she was
educated she educates the whole family and the society, she creates, nurtures,
guards, strengthens the whole family and society. She is the maker of the
family she begins and ends the family. She plays the role of transmitter of
tradition and gives solid foundation to the family.
When the child comes to the earth, mother cares the child in every aspect of
life, child follows the mother, and she is the first teacher of the child.
Whatever mother teaches the child that will become foundation to the child,
and also the family environment becomes very important to the child. The
mother and family was responsible to give good citizen to the country, if the
foundation is not solid and carefully maintained the society will not get good
citizen. The question will arise what is meant by good citizen, those
individual who do well for society and who will follow rules and
regulation.The people who go against the rules and regulation are called as
wrong- doers, crime would be defined as something that someone has done
wrong, which is breaking the law. So they should punish for it and also crime
is a breach of a rule or law for which some governing authority or force may
ultimately prescribe a punishment.
Society, family and culture will instigate to commit crime, by the social
process the criminality was developed by the family background and the
surrounding society influence the human to commit the crime. Biological ,
sociological and psychological reason influences to commit crime by an
individual, in the biological reason people commit crime by born, in the
sociological reason by the pressured of the society people commit the And the
factor like learned behaviour where they come from the family aspect
4
Kamala “Protection of Human rights of prisoners by Indian Judiciary” International Research Journal, March
2011.
Page | 6
 responsible for the individual mentality and even friends groups instigate to
commit crime because to show the group dominance, other factors which has
become quite often in this recent trends that one and only media, media play a
vital role in individual personality. It will affect the people in different way
this will affect the people to mould the individual that may positive or
negative but play important to do wrong by the people5.

ANALYSIS OF INTERNATIONAL CONVENTIONS FOR

THE PROTECTION WOMEN PRISONERS
In society and family women is the foundation stone in the history of
mankind. She is the preserver of social norms, traditions, customs, morality
and family cohesiveness. In the present world a woman has taken up added
responsibility of making a mark of her own to have an identity along with
nurturing her family. Although from all this, it is sad to see that women’s
achievement step is also getting extended towards criminality in the social,
cultural, economic and political in world. Female Criminality in world is at
rise along with the increase in crime against woman. The issue has reached to
an alarming level which has compelled all the socially responsible scholars to
focus on root cause of female turning to criminal activities in larger numbers.
International law requires that all persons deprived of their liberty shall be
treated with humanity and with respect for the inherent dignity of the human
person and that the penitentiary system shall comprise treatment of prisoners,
the essential aim of which shall be their reformation and social
rehabilitation6.The concept of equality means much more than treating all
persons in the same way. Equal treatment of persons in unequal situations
will operate to perpetuate rather than eradicate injustice.Various International
conventions have been passed for the protection of human rights of the
individual. Human rights are the rights a person has simply because he or she
is a human being. It is for all persons equally, universally and forever. Human
rights are those basic standards rights without which people cannot live in
dignity. To violate someone’s human rights is to treat that person as though
she or he were not a human being. All persons deprived of their liberty must
be treated with humanity and with respect for the inherent dignity of the
human person7.This includes minimum standards with relation to
5
Articles 10(1) and 10(3) of the International Covenant on Civil and Political Rights.
6
Office of the UN High Commissioner for Human Rights, Fact Sheet No.22, Discrimination against Women: the
Convention and the Committee, Geneva,
7
International Covenant on Civil and Political Rights, article 10, paragraph 1; Human Rights Committee, general
Page | 7
 accommodation, personal hygiene, clothing, bedding, food, exercise, access
to newspapers, books and religious advisers, communication with the outside
world and medical services8. But in reality women Prisoners, human rights
are infringed at every second. Even the prisoners do posses some human
rights. They also have right to be treated as Human. If a woman commits any
crime, it does not mean that by committing a crime, she ceases to be a human
being and she can be deprived of those aspects of life which constitutes
human dignity.
UNIVERSAL DECLARATION OF HUMAN RIGHTS 1948
Everyone is entitled to all the rights and freedoms set forth in this
Declaration, without distinction of any kind, such as race, colour, sex,
language, religion, political or other opinion, national or social origin,
property, birth or other status and this declaration is universal and
unequivocally apply to all the Nations9.
International Covenant on Civil and Political Rights 1976
Article 3, it states that, the states parties to the present Covenant undertake to
ensure the equal right of men and women to the enjoyment of all civil and
political rights set forth in the present Covenant. 4.3.
International Covenant on Economic, Social and Cultural Rights 1976
In the Article 3 it states that, The States Parties to the present Covenant
undertake to ensure the equal right to men and women to the enjoyment of all
economic, social, and cultural rights set forth in the present Covenant. In the
important international conventions are International Covenant on Civil and
Political Rights came into force 23 March 1976 Article 10 of the International
Covenant on Civil and Political Rights provides that any person deprived of
their liberty shall be treated with humanity and dignity The article imposes a
requirement of separation of prisoners in pre-trial detention from those
already convicted of crimes, as well as a specific obligation to separate
accused juvenile prisoners from adults and bring them before trial speedily.
There is also a requirement that the focus of prisons should be reform and
rehabilitation, not punishment. These provisions apply to those in prisons,
hospitals (particularly psychiatric hospitals), detention facilities, correction
facilities or any other facility in which a person is deprived of their liberty.

comment No. 21 (1992) on humane treatment of persons deprived of their liberty; The International Convention on
the Protection of the Rights of All Migrant Workers and Members of Their Families
8
The Standard Minimum Rules for the Treatment of Prisoners.
9
Article 2 of UDHR
Page | 8
 The Optional Protocol to the Convention against Torture (OPCAT)
OPCAT aims to prevent torture and other forms of ill-treatment by
establishing a system of regular visits to places of detention carried out by
independent national and international bodies. It is open to any state that is a
party to the Convention against Torture and 125 Other Cruel, Inhuman or
Degrading Treatment or Punishment, which the United States ratified in
1994. OPCAT is based on the recognition that international treaties and
national laws to ban torture and other ill-treatment are insufficient to end
abuses. Places of detention are of necessity closed institutions and are not
subject to the kind of media and public scrutiny that we rely on to ensure the
proper functioning of other government entities. OPCAT defines places of
detention broadly, to include prisons, jails, immigration detention facilities,
juvenile detention facilities, and psychiatric institutions.
UN STANDARD MINIMUM RULES FOR THE
TREATMENT OF PRISONERS
The UN Standard Minimum Rules for the Treatment of Prisoners came into
force in 1955. The standards set out by the UN are not legally binding but
offer guidelines in international and municipal law with respect to any person
held in any form of custody. They are generally regarded as being good
principle and practice for the management of custodial facilities. The
document sets out standards for those in custody which covers registration,
personal hygiene, clothing and bedding, food, exercise and sport, medical
services, discipline and punishment, instruments of restraint, information to
and complaints by prisoners, contact with the outside world, books, religion,
retentions of prisoners property, notification of death, illness, transfer,
removal of prisoners, institutional personnel and inspection of facilities. It
also sets out guidelines for prisoners under sentence which further includes
treatment, classification and individualization, privileges, work, educations
and recreations, and social relations and after-care .Separation of female and
male prisoners UN Standard Minimum Rules for the Treatment of Prisoners.
Separation of categories. Rule 8 provides that the different categories of
prisoners shall be kept in separate institutions or parts of institutions taking
account of their sex, age, criminal record, the legal reason for their detention
and the necessities of their treatment.

KYIV DECLARATION ON WOMEN’S HEALTH IN

PRISON : The principles and recommendations of the Kyiv Declaration on
Women’s Health in Prison are important steps towards improving health
Page | 9
systems and addressing the health needs of Women involved in the criminal
justice system. The special conference held in Kyiv in November 2008, will
convince all Member States to adopt and implement the Kyiv Declaration in
fulfilment of their commitment to human rights and health promotion for all.
To raise awareness among the countries within the WHO European Region
of the current situation regarding the health of and health care provided for
women in European prisons to call for marked improvements in the current
situation by the implementation of WHO recommendations for a general
approach that creates a more acceptable and gender-sensitive criminal justice
system, with special attention to the rights of any women and children
involved the amount and quality of health care to be provided within prisons,
which should be at least broadly equivalent to the health care provided in the
community and the establishment of satisfactory methods for ensuring the
continuity of care.

CONSTITUTIONAL AND OTHER LEGAL PROVISION

FOR PROTECTION OF WOMEN PRISONERS
Indian society as we all know is patriarchal one, dominated by males, women
on the other hand have been considered inferior to males and now the
situation is such that women constitute 48.29% of the total population of
India and still are discriminated sections of the Indian society. From birth till
her demise she is meant to be dependent on males starting from her father to
brother later on husband and then finally on her son. Even after such
protective care she is insulted, teased on streets, molested at school, work
even at home. 1 The Sanskrit slokas also provides “Pita rakshati kaumare,
bharta raskshati youvana, putrah rakshati varddhakye, na stree swatantryam
arhati” means, a woman is protected by her father in childhood, her husband
protects her in youth, and in old age she should be protected by her son. At
no stage in life should a woman be left alone and destitute. She deserves
protection by man at every stage in her life.2 At no stage women left alone
and destitute. That led to the establishment of male dominated society which
is still prevailing.Indian society gives a respectable status to women. She
plays a vital role in the society. The important role she plays is in the
capacity of mother.
Constitution of India gives status of equality to the women in India. It also
imposes obligation on the State to protect the rights of women and to fulfil
the requirements of international conventions regarding the rights of the
women. But the reality is that women in prisons are facing a number of
problems. Yes the women prisoners who are locked away and forgotten by

Page | 10
 the society, even her basic human rights are violated in day to day
life.Basically women belonging to lower economic-strata who have to resort
to activities such as prostitution, drug trafficking or theft, etc. for survival
and fulfillment of basic needs constitute the major portion of the female
prisoners population.
The needs of women prisoners often differ from their male counterparts.
Women need gender precise facilities for healthcare, to help them in
childbirth, to care for their children in prison, to receive counseling to guard
against the possibility of rape, and sexual assault and to maintain contact
with their dependants outside the prison. This is reflected in the international
standards on the treatment of prisoners and detainees. The Body of Principles
for the Protection of All Persons under Any Form of Detention or
Imprisonment explicitly recognized the need for specific measures to be
adopted to protect the rights and special status of women, particularly
pregnant women and nursing mothers.
Article 1410 of Constitution of India says: “The state shall not deny to any
person equality before law or the equal protection of laws within the territory
of India.” Thus, Article 14 contemplated that men and women should be
treated alike, and also the concept of reasonable classification. This article is
very useful guide and basis for the prison authorities to determine various
categories of prisoners and their classifications with the object of
reformation11. Moreover, Constitution of India 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)
to (7) are very important. Right to life and personal liberty have been
guaranteed under the Article 21 of the Indian Constitution. It’s the most
important right, hence it has been guaranteed by all most all their countries
under the respective constitutions. Eg, 5th constitutional amendment of US.
This right is a primary one. There is no absolute right for prisoners, there
must be some limitations. These rights can be deprived. But still they are
seem to be human beings. Hence as a human beings rights also have to be
provided . They can be deprived from their freedom of movement. Right to
life and personal liberty have larger connotations. Even a prisoner, which
ever they are, even they are deprived from their certain rights and liberties
they should have certain rights.

10
Equality before law The State shall not deny to any person equality before the law or the equal protection of the
laws within the territory of India Prohibition of discrimination on grounds of religion, race, caste, sex or place of
birth
11
Nitai Roy Chowdhury, “Indian Prison Laws and Correction of Prisoners”, Deep and Deep Publications, New
Delhi, (2002)
Page | 11
Ultimately they are human beings. Prisoners rights shall be taken care of by the
jail authority. Freedom of Residence can be limited. Because they have to be
put in a jail, prison, in custody or arrested. Just due to that cannot deprive from
all rights. Certain rights also require by such categories . Article 10 of
International Covenant on Civil and Political right states that “All persons
deprived of their liberty shall be treated with humanity and with respect for the
inherent dignity of the human person.” It’s nothing but a right of prisoners.
Fundamental rights under the constitution impose a duty upon the state. It
further states that “ Accused persons shall, save in exceptional circumstance, be
segregated from convicted persons and shall be subject to separate treatment
appropriate to their status as unconvinced persons.”
Right to Health
Health is one of the vital indicators reflecting the quality of human life. It is a
basic need along with food, shelter and is a precondition for productivity and
growth. It is a basic need of the human being and every human needs to a
maintain a health status by regular medical checkups. Majority of prisoners do
not enjoy a right to free and qualified, frequent medical attention. They don’t
have choice to have physician of their own unless when his condition is critical
then the doctor may come. They have no opinion on treatment. Thus they have
become ‘double hand cap’. It violates right to health of a prisoner. Right to life
does not include right to die without right to health. By not providing right to
health, the state shall be promoting right to die. However, because of intervention
of Human Rights Commission the situation of the prisoners has been improved.
The different types of human rights, constitutional rights and statutory rights of
Women Prisoners are discussed as under:
1. The search and examination of the female prisoners shall be carried out by
the Matron under the general or special order of the Medical Officer
2. The female prisoners have the right to live separate from the male prisoners.
Section 27 (1) of the Prison Act 1894 provides that in a prison containing
female as well as male prisoners, the females shall be imprisoned in separate
buildings or separate parts of the same building, in such a manner as to prevent
their seeing or conversing or holding any intercourse with the male prisoners;
this right is also provided by Rule8(a) of Standard Minimum Rules for the
Treatment of Prisoners.
3. In the Article 39 A of the Constitution of India empowers the women
prisoners to secure free legal aid? It provides that the State shall secure that the
operation of the legal system promotes justice, on a basis of equal opportunity,
and shall, in particular, provide free legal aid, by suitable legislation or
Page | 12
 schemes or in any other way, to ensure that opportunities for
securing justice are not denied to any citizen by reason of economic or other
disabilities. But the question arises whether the legal aid provided is sufficient.
Every prisoner has the right to seek legal aid if needed. Just because a person
has been sentenced to imprisonment doesn’t mean his rights can be violated.
4. Women prisoners have the right to speedy trial. There is an undoubted
right of speedy trial of under trial prisoners, as held in a catena of cases of
Supreme Court. The Supreme court of India in the case of Hussainara
Khatoon vs Home Secretary, State of Bihar41 held that speedy trial is a
fundamental right implicit in the guarantee of life and personal liberty
enshrined in Article 21 of the Constitution.
5. Before sending a woman who is pregnant to a jail, the concerned authorities
must ensure that jail in question has the basic minimum facilities for child
delivery as well as for providing pre- natal and post-natal care for both, the
mother and the child. Gynaecological examination of female prisoners shall be
performed in the District health centres.
ANALYSIS OF JUDICIAL INTERPRETATION
The Judiciary has interpreted various rights as the Rights of Prisoners which
are mentioned below Rights of Prisoners recognised under Constitution of
India: A convicted prisoner is not barred by his fundamental rights though he
truly not enjoys all the fundamental rights like other common men some of the
fundamental rights are recognised for the prisoners as a basis of human rights.
Constitution of India has not clearly mentioned the rights for prisoners but
through judicial interpretation, they are recognized through precedents, as in
the leading case of T.V. Vatheeswaran v. State of Tamil Nadu12, it was held
that the Articles 14, 19 and 21 are available to the prisoners as well as to the
common man.Article 14 of the Constitution of India acts as a torchbearer for
the prison authorities and its administration to determine various segregations
of prisoners and their object of reformation.

Article 19 of the Constitution of India guarantees six freedoms to all citizens of

India. There are certain rights which are not for the prisoners but among those
freedoms, the freedom of speech and expression[7]and freedom to become a
member of an association is there for the prisoners.

Article 21: Today, the judiciary, by its art of interpretation, has discovered a

12 1983 AIR 361 1983 SCR (2) 348 1983 SCC (2) 68 1983 SCALE (1)115
Page | 13
 variety of rights of suspects, accused persons and prisoners, who are in police
custody. The fundamental right of 'life and personal liberty' has been interpreted
by the Supreme Court of India in a broad spirit and various rights have been
included in the ambit of Article 21 of the Constitution.

Article 21 of the Constitution of India focuses on two crucial concepts i.e.,

right to life and principle of liberty. In the cases like- Maneka Gandhi, Sunil
Batra (I), M.H.Hoskot, the Supreme Court has taken the view that the
provisions of part III of Constitution of India there needs to be a widest
possible interpretation.

It was held that:

• Right to legal aid13
• Right to speedy trial14
• Right to have an interview with a friend, relative and lawyer15
• Right to live with human dignity,
• Right to livelihood,
• Right of inmates of protective homes16, etc.
Though these rights are specifically not mentioned as fundamental rights
under article 21 of the constitution with the help of judicial creativity theyare
recognised as the Rights of Prisoners.

Following are the rights which are guaranteed to the prisoners under the
Indian Constitution though Judicial Interpretation:
1. Right to Free Legal Aid: It also means to provide Financial Aid to a
person in a matter of legal disputes. The Constitution 42nd Amendment
Act, 1976 has inserted Free Legal Aid as one of the Directive Principles
of State Policy under Article 39A in the Constitution. The Indian
Constitution does not expressly provide the Right to Legal Aid. But the
judiciary has shown its favour towards poor prisoners those who are not
in a position to engage the lawyers of their own choice because of their
poverty. In M.H. Hoskot v. State of Maharashtra15the Supreme
Court laid down that right to free legal aid at the cost to the state to an
accused who could not afford legal services for the reason of poverty,
indigence situation was part of fair, just and reasonable procedures
13
M.H. Hoskot v. State of Maharashtra
14
Rattiram v. State of M.P., (2012) 4 SCC 516
15
Jagmohan Singh v. State of U.P., AIR 1973 SC 947.
16
Upendra Baxi v. State of U.P., (1983) 2 SCC 308

Page | 14
 implicit in Article 21. a three Judges Bench (V.R.Krishna Iyer,
D.A.Desai and O.Chinnappa Reddy, JJ) of the Supreme Court reading
Articles 21 and 39-A, along with Article 142 and Section 304 of Cr.PC
together declared that the Government is under a duty to provide legal
services to the accused persons.
2. Right to have Interview with Friends, Relatives and Lawyers: In Sheela
Barse v. State of Maharashtra17, the court held that interviews of the
prisoners become necessary as otherwise the correct information may not
be collected but such access has got to be controlled and regulated. In
Dharambir v. State of U.P 18the court directed the State Government to
allow family members to visit the prisoners and for the prisoners, at least
once a year, to visit their families, under guarded conditions.
3. Rights against Inhuman Treatment: Human Rights are part and parcel
of Human Dignity. The Supreme Court of India in several cases has
taken a serious note of the inhuman treatment on prisoners and has
issued appropriate directions to the concerned authorities for
safeguarding the rights of the prisoners. The Court observed that the
treatment of a human being which offends human dignity, imposes
avoidable torture and reduces the man to the level of a beast would
certainly be arbitrary and can be questioned under Article 14. In the
case of Christian Community Welfare Council of India vs.
Government of Maharashtra19, it was held by the Bombay High
Court that woman should not be arrested after sunset and before sunrise
and only in the presence of lady constables. The Court directed the
State Government to set up a Committee to formulate a comprehensive
scheme for police accountability to human rights abuse and make
special provisions for female detainees. This Right plays an important
role in protecting the female prisoners from any sexual harassment and
unforeseeable tortures.
Therefore, apart from these according to Mulla Committee following
are also the list of rights of prisoners which include:
➢ Right to human dignity,
➢ Right to basic minimum needs such as drinking water, hygiene, medical
care, clothing, bedding etc.,
➢ Right to communication with the outside world,
➢ Right to access to law, Right to meaningful and gainful employment
and so on.

17
1983 AIR 378, 1983 SCR (2) 337
18
1979 AIR 1595 1980 SCR (1) 1 1979 SCC (3) 645 ACT
19
ANR [2003] INSC 488 (26 September 2003), 2003 Latest Caselaw 482 SC.
Page | 15
 CONCLUSION
A car needs four wheels to run are fundamental to their being a human being. A
few decades ago,, a human needs two legs to walk and a democratic nation like
India needs three independent organs – legislative, executive and judiciary to
maintain the balance between distributions of powers. This not only helps to
divide the work for better Efficiency but also ensures a continuous process of
checks and balance. It is well known legal and management principle,
responsibility and accountability need to operate together for Better results.
This principle should also be applicable to the prison authorities. The prison is
supposed to be a place meant for a reformatory purpose. However, the entire
Purpose fails when the prisoners are denied the very rights that prisoners were
looked down upon and were considered to have forsaken all their rights.
However, modern society recognizes the rights of a prisoner. Hence, a
conviction for a crime does not reduce the person into a non- person, whose
rights are subject to the whim of the prison administration and authorities.
Despite the various constitutional provisions providing a status of equality to
the women in India, the condition of the poor women prisoners is not good.
They are being ignored and tortured in the prisons. Imprisonment does not spell
farewell to fundamental rights, the Supreme Court of India has made it very
clear in many judgments that except for the fact that the compulsion to live in a
prison entails by its force the deprivation of certain rights, like the right to move
freely, a prisoner is otherwise entitled to the basic freedoms guaranteed by the
Constitution. Prisoners cannot be treated as animals and are not to be punished
except under laws. Government has provided various measures to safeguard the
rights of the women prisoners but is this is not actually applicable in true sense;
women are still facing problem in the police custody. Many times they suffer
through sexual harassment during their custody, they still face hurdles in all
stage of criminal justice process. At the time of arrest, the women suffer from
lack of knowledge about her basic rights. It is common in case of poor and
illiterate women. This custodial violence is definitely a menace or cancer to our
Indian Society. It has to be cut down from the society.

Page | 16
 References

Primary Sources:
• Constitution of india
• Prison manual

Bibliography:
• Criminology and Penology with Victimology, Prof. N.V.
Paranjape, Sixteen Edition, Central Law Publications
• V.R. Krishnan Iyer, “Are not women human even in custody”. Human
Rights Year Book(2000), P.94.
• Bastick, M.&Townhead, L(2008), Women in Prison: A Commentary on
the UN Standard Minimum Rules for the treatment of prisoners.
• Sheela Berse Vs. State of Maharashtra 1982 SC 1054 Prison Statistics
India 2016 NCBR.

Articles:

• Furqan Ahmad. Protective Judiciary in Aid of Human Rights in India,

Indian Journal of International Law. 2003, 1929.
• wing AC. The Morality of Punishment, London: Kegan Paul. Government
of India (2010) Prison Statistics in India, New Delhi: NSBR, 1929.
• Datir RN. Prison as a Social System, with special reference to Maharashtra
State, Mumbai: Popular Prakashan, 1978.

• https://www.jagranjosh.co.in/amp/s/www.youthkiawaaj.com/2012/
02/the-deplorable- condition-of-women-prisoner-in-india/amp
• http://www.academia.edu/540727/RIGHTS_OF_WOMEN_PRISONERS
IN_INDIA_AN_EVALUATIO N

Page | 17