LIFE IMPRISONMENT- HISTORY,

PRESENT STATUS AND

PROBLEMS BEING FACED IN
INDIA
BY- KHUSHI DAHIYA
B.SC CLINICAL PSYCHOLOGY
SEMESTER 4 YEAR 2
A51340721061
HUMAN RIGHTS OE ASSIGNMENT

INTRODUCTION
Human rights are fundamental rights and freedoms that are inherent to all individuals by virtue of their
humanity. They are universal, indivisible, and inalienable, meaning they apply to everyone regardless of their
nationality, race, gender, religion, or any other status. Human rights serve as a safeguard against abuse,
discrimination, and injustice, and they provide a framework for promoting dignity, equality, and justice in
society.

The concept of human rights is grounded in various international and regional human rights instruments,
such as the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and
Political Rights (ICCPR), and the International Covenant on Economic, Social, and Cultural Rights
(ICESCR). These documents outline a comprehensive set of rights that cover civil, political, economic,
social, and cultural aspects of life. Some committees are-

1. Civil and Political Rights: These rights focus on individual freedoms, such as the right to life, liberty, and
security of person; the right to a fair trial; freedom of expression, assembly, and association; and freedom
from torture, slavery, and arbitrary detention.
2. Economic, Social, and Cultural Rights: These rights recognize the importance of social and economic
well-being. They encompass rights such as the right to work, the right to education, the right to health,
the right to an adequate standard of living, and the right to participate in cultural life.
3. Equality and Non-discrimination: Human rights promote equality and prohibit discrimination based on
race, color, sex, language, religion, political or other opinion, national or social origin, property, birth, or
other status. Everyone is entitled to enjoy their rights without discrimination.
4. Rights of Vulnerable and Marginalized Groups: Human rights also emphasize the protection and
promotion of the rights of specific vulnerable and marginalized groups, such as women, children,
refugees, indigenous peoples, persons with disabilities, and LGBTQ+ individuals.
5. Universality and Interdependence: Human rights are universal, meaning they apply to everyone
everywhere. They are also interdependent, recognizing that the enjoyment of one right often depends on
the realization of other rights. For example, access to education can facilitate the exercise of other rights,
such as the right to work or the right to political participation.

Governments have a responsibility to respect, protect, and fulfill human rights. They must ensure that laws,
policies, and practices are in line with human rights standards and provide effective remedies for violations.
Additionally, individuals, civil society organizations, and human rights defenders play a crucial role in
promoting and advocating for human rights, as well as holding governments accountable for their
obligations.

 It is important to note that while human rights are universally recognized, their implementation and
protection may vary across countries and regions. The promotion and safeguarding of human rights require
ongoing efforts and a commitment to upholding the principles of dignity, equality, and justice for all.
However, we cannot deny the need for a prison and conviction process. As remorse as the situation is the
crime rates in the country are increasing by the day and hence more people are being prosecuted by the day.

The basic ideas behind imprisoning the convicts are –

i) For security of the society so that the convicts do not get any further scope to cause harm to the society.
ii) To inculcate fear in the mind of the convicts to avoid repetition of their crimes.
iii) To reform the inmate so that they could come out being a better version of themselves and be productive
assets to the society. But in ground reality, the third idea is rarely achieved. Some of the rights such as
right to move freely, right to family, right to privacy are taken away from the prisoners which is in fact
necessary for the protection of the society, but other basic rights such a right to life, right to equality
before law, right to food and water, protection from torture, right to family visits cannot be taken away
from the inmates.

Imprisonment of an offender takes place due to the severity of their crimes. As the severity increases, so does
their verdict. For crimes such as murder or trafficking, the severity simply increases to the point where they
have to imprisoned for the safety of the society. In such a case two types of penalty is taken charge. Death
penalty or Life Imprisonment. There numerous factors involved due to which the either of the options are
favourable and unfavourable, to the society, but are they benefiting for the prisoners as well? Both the death
penalty and life imprisonment can raise concerns regarding the violation of certain human rights that are as
follows-

1. Right to Life: The most fundamental right that is often considered violated in both cases is the right to
life. The death penalty involves the intentional taking of a person's life as a form of punishment. This can
be seen as a violation of the inherent dignity and sanctity of life, as recognized by many international
human rights instruments such as the Universal Declaration of Human Rights (Article 3). Life
imprisonment, on the other hand, deprives individuals of their physical freedom for the remainder of
their lives, which can be seen as a severe restriction on the right to life.
2. Cruel and Inhuman Treatment: Both the death penalty and life imprisonment can be viewed as forms of
cruel, inhuman, or degrading treatment or punishment. The use of capital punishment involves the
deliberate infliction of pain and suffering, often through methods such as lethal injection, electrocution,
or hanging. This is considered a violation of human dignity and is prohibited by international human
rights standards, such as the International Covenant on Civil and Political Rights (Article 7). Life
imprisonment, particularly in cases where it entails harsh conditions, long-term isolation, or lack of
access to essential services, can also be considered cruel and inhumane.
3. Right to a Fair Trial: Another concern is the potential violation of the right to a fair trial. The death
penalty is irreversible, and if imposed without proper procedural safeguards or due process, it can result
in the execution of innocent individuals. Mistakes, biases, or inadequate legal representation during trials
can lead to wrongful convictions. Similarly, life imprisonment can also infringe upon the right to a fair
trial if there were errors or violations of legal procedures during the conviction process.
4. Right to Rehabilitation: Life imprisonment may infringe upon the right to rehabilitation and potential for
reintegration into society. By permanently removing individuals from society, opportunities for personal
growth, reform, and rehabilitation may be significantly limited. Access to educational, vocational, and
psychological support programs, which are crucial for the reintegration of offenders, can also be
restricted.

In India, both life imprisonment and the death penalty are recognized as forms of punishment for certain
offenses.

Life imprisonment is a punishment where a convicted individual is sentenced to remain in prison for the
remainder of their natural life. In India, life imprisonment can be awarded by a court for serious crimes,
including murder, terrorism, treason, and certain cases of drug trafficking. The Indian Penal Code, 1860,
provides for the imposition of life imprisonment as a possible sentence for various offenses.

In the Indian legal system, life imprisonment generally means imprisonment for the entire remaining life of
the convict, unless any specific legal provisions allow for the possibility of remission or early release. The
Code of Criminal Procedure, 1973, empowers the state government to grant remission or commutation of a

life sentence based on various factors, such as good conduct, rehabilitation, and other relevant
considerations.

The death penalty, also known as capital punishment, is the most severe form of punishment in India. It
involves the imposition of death as a penalty for the most heinous crimes. The death penalty in India is
awarded in cases such as murder, terrorism-related offenses, certain drug trafficking cases, and offenses
against the state. The primary legislation governing the death penalty in India is the Indian Penal Code, 1860,
along with the Code of Criminal Procedure, 1973.

In India, the imposition of the death penalty is subject to strict procedural safeguards and due process. The
Criminal Law (Amendment) Act, 2013, introduced several amendments to strengthen laws relating to crimes
against women, including provisions for the death penalty in certain cases of rape that result in the victim's
death or leaving the victim in a persistent vegetative state.

In both life imprisonment and death penalty cases, the Indian legal system provides for fair trial guarantees
and the right to appeal. Accused individuals have the right to legal representation, the presumption of
innocence until proven guilty, and the right to present evidence in their defense.

In death penalty cases, the process involves a mandatory review by the High Court after the trial court's
conviction and sentence. Following the High Court's decision, there is a provision for a final appeal to the
Supreme Court of India. In certain circumstances, such as cases involving multiple offenses or exceptional
circumstances, a death penalty case can be directly appealed to the Supreme Court.

In recent years, there has been increased public scrutiny and calls for the abolition of the death penalty. Some
argue that it violates the right to life and is an inhumane punishment, while others argue for its retention as a
deterrent against serious crimes. In August 2015, the Law Commission of India released a report
recommending the abolition of the death penalty for all offenses except those related to terrorism. However,
no significant legislative changes have been made regarding the death penalty in India.

United Nations has been actively working against the practice of death penalties and to hence abolish it. It
called a global moratorium on death penalty on 18th December of 2007 where 106 countries vote for out of
156 countries, Indian being strongly against. In the similar way there have been 8 subsequent meetings in
this manner have occurred throughout. However, international human rights organisations such Amnesty
International, or Europeans Center for Human Rights have achieved the goal of abolishing death penalties
among juveniles. The Juvenile Justice Act of 2000 which allowed citizens of the age 18 or younger to be
hanged as death penalty was abolished, however it has been never practiced. India is firmly against the
notion of abolishing Death Penalty. However, with the report of 20th Law Commission in 2015, there have
been notions made to make efforts to abolish the same in near future. There are moral, utilitarian as well as
practical arguments made in such a debate which goes on. In case of life imprisonment, there certain
guidelines and decrees that regulate the insurance of human rights amongst prisoners. But on the ground
level, in India specifically things are rather glum.

Statement of Problem
The use of life imprisonment as a form of punishment in India raises significant concerns regarding its
impact on human rights, the potential for violation of human rights, excessive sentencing, inadequate focus
on rehabilitation, overcrowding etc.

Addressing these issues requires a comprehensive examination of the sentencing guidelines, judicial
practices, and the overall approach to criminal justice in India. The promotion of proportionate sentencing,
rehabilitation programs, and the protection of human rights should be central to reform efforts related to life
imprisonment.

RESEARCH OBJECTIVE
The objective of this research is to examine the history, present status, and problems associated with life
imprisonment in India. The study aims to provide a comprehensive understanding of the evolution of life
imprisonment as a form of punishment, analyze its current application and implications within the Indian
criminal justice system, and identify the key challenges and issues faced in its implementation.

Specific research objectives include:

1. Tracing the Historical Development: Investigate the historical context and development of life
imprisonment as a punitive measure in India, including its origins, evolution, and legal frameworks
governing its imposition.
2. Analyzing Current Legal Frameworks: Examine the existing laws, statutes, and judicial precedents that
govern life imprisonment in India, exploring the criteria for sentencing, variations in the application, and
any legal reforms or debates surrounding its use.
3. Assessing Implementation and Sentencing Practices: Analyze the patterns and practices related to the
imposition of life imprisonment in India, considering factors such as the nature of crimes that attract life
sentences, demographic profiles of offenders, and any discrepancies or inconsistencies in sentencing.
4. Identifying Problems and Challenges: Identify the key problems and challenges associated with life
imprisonment in India, including issues related to human rights, proportionality of sentencing, access to
rehabilitation programs, prison conditions, and potential biases or inequalities in its application.
5. Providing Recommendations for Reform: Based on the findings, propose recommendations for policy
reforms, legislative amendments, and improvements in the implementation of life imprisonment in India,
with the aim of addressing the identified challenges and ensuring the protection of human rights and
proportionate sentencing.

By achieving these research objectives, the study aims to contribute to a deeper understanding of life
imprisonment in India, highlight its strengths and weaknesses, and provide insights for potential reforms that
align with international human rights standards and promote a fair and effective criminal justice system.

RESEARCH QUESTIONS
1. What is the historical background of life imprisonment as a form of punishment in India, and how has its
application evolved over time?

2. What is the current legal framework and statutory provisions governing life imprisonment in India,
including the offenses for which it can be imposed and any specific conditions or exceptions?

3. What are the key factors influencing the sentencing of life imprisonment in India, including judicial
discretion, sentencing guidelines, and the role of aggravating and mitigating circumstances?

4. What are the demographic characteristics and social profiles of individuals serving life imprisonment
sentences in India? Are there any disparities or patterns in terms of gender, age, socio-economic status, or
other factors?

5. What are the primary challenges and problems faced by individuals serving life imprisonment sentences in
Indian prisons, such as issues related to overcrowding, access to healthcare, rehabilitation programs, and
their impact on mental health and well-being?

6. How does life imprisonment in India align with international human rights standards and principles,
including considerations of proportionality, the right to rehabilitation, and the prevention of cruel, inhuman,
or degrading treatment?

7. What are the perspectives and experiences of convicts serving life imprisonment sentences, their families,
prison officials, and other stakeholders regarding the effectiveness, fairness, and potential reforms of life
imprisonment in India?

8. What comparative analysis can be made with other countries or jurisdictions that have similar systems of
life imprisonment to understand different approaches, challenges, and potential solutions?

9. What are the potential alternatives or modifications to life imprisonment in India that could address the
identified problems and promote the principles of rehabilitation, proportionality, and human rights?

10. What recommendations and reforms have been proposed by scholars, legal experts, and human rights
organizations regarding the use of life imprisonment in India, and what steps have been taken or can be taken
to address the identified problems?

 METHODOLOGY
There has to be a conviction to crimes that endanger humanity and morals of the community. Such
conviction aims to (1) reform the convict and (2) save the community from their exploits. In this case there
are two types of penalties given.

Capital punishment or Death penalty, where the guilty was given a death sentence. This means that they
are killed via various means with legal recognition. This may include death by hanging, by Guillotine (in the
past), by electrocution or other ways. The other methods of of death used including these are deemed
torturous, and have been done publicly to make sure there is a discretion regarding the repeat of such crimes
again in society. For the similar reason they also violate the persons human right and hence are considered
the highest degree of punishment in India. In India this is accomplished only through death by hanging,
which has been in accordance to the Indian Penal Code of 1947 for specific offences are given in the table.

Section under IPC or any other Act Offences

Being a party to a criminal conspiracy to

120B commit a capital
offence

Waging, or attempting to wage war, or

121 abetting waging of war, against the
Government of India

Abetting a mutiny in the armed forces (if a

132 mutiny occurs as a result), engaging in
mutiny

Giving or fabricating false evidence with

194 intent to procure a conviction of a capital
offence

302, 303 Murder

305 Abetting the suicide of a minor

Kidnapping, in the course of which the

364A victim was held for ransom or other
coercive purposes

Rape if the perpetrator in icts injuries that

376A, Criminal law result in the victim's death or
amendment act, 2013 incapacitation in a persistent vegetative
state, or is a repeat offender

Banditry with murder – in cases where a

group of ve or more individuals commit
banditry and one of them commits murder
396
in the course of that crime, all
members of the group are liable for the
death penalty.
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 Part II, Section 4 of

Aiding or abetting an act of Sati
Prevention of Sati Act

Drug traf cking in cases of repeat

31A of the Narcotic Drugs and offences
Psychotropic Substances Act

TABLE 1. OFFENCES THAT MANDATE DEATH PENALTY BASED ON THEIR SEVERITY.

Efforts against the death penalty have been made internationally by various organizations, countries, and
human rights advocates. Here are some notable efforts:
1. Universal Moratorium and Abolition Calls:The United Nations (UN) has played a significant role in
advocating for the abolition of the death penalty globally. The UN General Assembly has passed several
resolutions calling for a moratorium on the use of the death penalty, with the ultimate goal of complete
abolition. Resolution 62/149 (2007), Resolution 63/168 (2008), Resolution 65/206 (2010), and
Resolution 71/187 (2016) are among the resolutions that urge states to establish a moratorium on
executions.
2. International Conventions and Protocols:Several international human rights conventions and protocols
emphasize the abolition of the death penalty. The Second Optional Protocol to the International Covenant
on Civil and Political Rights (ICCPR), aiming at the abolition of the death penalty, was adopted by the
UN General Assembly in 1989. The protocol encourages states to abolish the death penalty within their
jurisdictions.
3. European Union's Abolitionist Stance:The European Union (EU) is strongly committed to the abolition
of the death penalty globally. The EU actively supports campaigns, initiatives, and advocacy efforts
against the death penalty. The EU has also incorporated anti-death penalty clauses into its human rights
guidelines and agreements with other countries.
4. International Organizations and Human Rights Groups:International organizations, such as Amnesty
International and Human Rights Watch, have been actively campaigning against the death penalty
worldwide. They conduct research, raise awareness, and advocate for the abolition of capital punishment.
These organizations work on individual cases, provide legal support, and document human rights abuses
related to the death penalty.
5. World Coalition Against the Death Penalty:The World Coalition Against the Death Penalty is an alliance
of NGOs, bar associations, local authorities, and individuals working toward the abolition of the death
penalty globally. The coalition engages in advocacy, coordinates campaigns, and provides support to
national abolitionist movements.
6. Bilateral Diplomatic Efforts:Many countries have actively engaged in diplomatic efforts to promote the
abolition of the death penalty. They raise the issue in international forums, conduct diplomatic dialogues,
and exert pressure on retentionist countries to reform their laws and practices.
The Indian government maintains the death penalty as a legal form of punishment for certain crimes. Capital
punishment is provided for under the Indian Penal Code (IPC) and other specific laws related to offenses
such as murder, terrorism, and certain cases of rape. The decision to award the death penalty is made on a
case-by-case basis by the judiciary.
The Indian judiciary has the authority to award the death penalty in specific cases deemed to warrant the
highest form of punishment. The process involves a thorough examination of evidence, legal representation
for the accused, and consideration of mitigating and aggravating circumstances. The Supreme Court of India,
as the highest appellate court, has provided guidelines for the application of the death penalty to ensure its
fairness and proportionality.
There have been several high-profile cases in India that have garnered significant attention regarding the
death penalty. These cases include:

- Nirbhaya Gang Rape Case (2012): The brutal gang rape and murder of a young woman in Delhi resulted
in the imposition of the death penalty for the convicted perpetrators. The case sparked widespread protests
and led to legal reforms related to sexual offenses.
- Ajmal Kasab (2008 Mumbai Attacks): Ajmal Kasab, a Pakistani national and one of the terrorists involved
in the 2008 Mumbai attacks, was sentenced to death. He was executed in 2012.
- Yakub Memon (1993 Mumbai Bombings): Yakub Memon, a convict involved in the coordinated
bombings in Mumbai in 1993, was sentenced to death. He was executed in 2015.

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 These cases highlight instances where the death penalty was imposed for heinous crimes that received
significant media coverage and public attention.

Life imprisonment is a penalty clause imposed by the Indian Penal Code (IPC) of 1860. It was introduced
through an amendment in 1955. Life imprisonment applies to serious crimes, and in some cases, the death
penalty is the only mandatory sentence under the criminal law. Compared with legal alternatives to the death
penalty, life imprisonment is generally considered more humane and less harsh. Life imprisonment is staying
in prison until the offender dies, that is, until the offender stops breathing. After each court in the country
proves guilty, the court decides to sentence the perpetrator to life imprisonment or other sentences. The
Supreme Court clearly stated in its 2012 ruling that life imprisonment means life imprisonment and nothing
more.
The task of the national authorities is to release the accused from life imprisonment for 14 years, 20 years
later or until death. In order to shorten the duration of prisoners, the competent government must issue a
specific order in accordance with Art. 432 CRPC of the Constitution.

However, according to Constitution 433-A of the CRPC, the state government has the right to reduce or
suspend prison sentences. Regardless of the punishment, be it a few months, years, or years of life, it is at the
discretion of state governments to request a reduction. The prisoner is under the supervision of the state
government, which is why he was entrusted to the state government. In this case, they will be heard if the
state government requests a reduction in the sentence.

It should be noted that life imprisonment cannot be less than 14 years. The state government must ensure that
criminals who have been sentenced to life imprisonment are not released before the shortest 14-year
imprisonment period expires. After 14 years, the state government can release the prisoner at any time based
on the prisoners behaviour, illness, family problems or other reasons.

There are 4 purposes of Life Imprisonment

1. Punishment: If a person commits a crime, they will be punished by the court and then imprisoned, which
deprives them of their freedom and separates them from society. Punishment can turn a person into a
good person, restore basic freedom and the freedom to live with relatives, and sometimes provide them
with work to stop crime. Punishment is very important for the criminals.
2. Deterrence:Deterrence is another way to punish criminals so that they do not become repeat offenders,
because punishment can teach the criminal's values and enable him to transform himself and transform
him into a law-abiding citizen.
3. Protection:If someone commits a serious crime such as murder or rape, they will face life imprisonment
imposed by the judge. This is the only reason we can protect the public from harm.
4. Rehabilitation: Rehabilitation means that the prisoner is ready to accept the crime he committed and take
some necessary steps to change himself. In this case, the government decides to give him the opportunity
to change his prison situation.

Section Offense Punishment

Life imprisonment and death

121 Waging, abetting war against the government of India.
sentence.

Abetment of mutiny or if mutiny is committed in Death and life sentence for 10

132
consequence of. years or ne

Death sentence, life imprisonment

False evidence shown in the court during the court
194 and ne can be charged as
proceedings.
decided by the court.

302 Murder Death sentence, life imprisonment.

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 303,
Dacoity in murder or more number of murders are Death sentence or life
364A,
caused, kidnapping or abduction imprisonment or ne.
396

TABLE 2. A FEW CRIMES PUNISHABLE WITH LIFE IMPRISONMENT

Why life imprisonment?

The offender has influenced many people’s lives due to their actions that cannot be refuted. Since death
penalty in itself can be a argumentative topic of discussion, it may seem unjust. Hence this gives them an
opportunity in life to undergo self introspection and amend their ways or make the community they lived in
safer without their presence in it. Many prisoners are given shifts and are allowed to live and work in a
certain society so that they can earn some money for their own lives and to change the lives of their own
families. Prisoners have the opportunity to change their lives or lead a happy life. Citizens of a society are
able to feel safer, because they know that truly dangerous criminals are no longer allowed to walk the streets.

However, this is not the case all the time, prisoners living together may inculcate a decline in character or
normalisation of heinous acts in their minds. This may also lead to a waste of revenue spent on prisons. With
day by day there has been an increase in prisoners sentenced with life imprisonment.

HISTORY OF LIFE IMPRISONMENT IN INDIA

The concept of life imprisonment or long-term incarceration as a form of punishment in ancient India can be
traced back to ancient legal texts and practices. While specific references to life imprisonment may be
limited, there are indications of punitive measures that involved long-term confinement or servitude.

• Ancient Legal Texts-The ancient Indian legal system was governed by texts such as the Manusmriti, the
Arthashastra, and the Dharmashastras. These texts provided guidelines for the administration of justice and
outlined various forms of punishment. They emphasized the principles of dharma (righteousness) and laid
down penalties for crimes based on the severity of the offense. These texts come from Mauryan, Gupta and
Harsha period.

• Banishment- In ancient India, banishment or exile was a common form of punishment for serious crimes.
Individuals convicted of offenses could be banished from their communities or forced to live in remote
areas or forests, effectively separating them from society. This form of punishment was often imposed for
crimes such as treason, murder, or offenses against the state.

• Forced Labor and Slavery- In certain instances, instead of life imprisonment, individuals found guilty of
serious crimes could be subjected to forced labor or servitude. These punishments involved the convicted
person being made to work for an extended period under strict supervision or as a form of restitution to the
victim or society.

• Prisons and Detention- Ancient India did have the existence of prisons or detention facilities, but the
conditions and practices varied across regions and time periods. Some references suggest the existence of
detention centers or temporary holding facilities for suspects awaiting trial or individuals awaiting their
assigned punishments.

The practice of punishment and justice in ancient India was shaped by social, cultural, and religious norms
prevalent during that era. While specific details of life imprisonment are not explicitly documented,
banishment, forced labor, and other punitive measures indicate the existence of long-term custodial sentences
or removal from society as means of punishment in ancient India. Mutilation, banishments and death
sentenced were also imposed to the convict based on their severity of their offences. Mutilation of hands of
the thieves was in practice. In more severe crimes such as murder dacoity, treason or sex crimes death
penalty was imposed.

After Mughal invasion in India, the system of administration of justice has changed dramatically. Mughal
ruler inserted the religious element of Islam while administering justice. Mohammedan laws were used while
giving penalties to criminals irrespective of their religion. The Mughal ruler used to rule their regime
according to the principles of Quran. Punishment during the Mughal era was rigorous. Penalties such as

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 mutilation of tongue, other body parts or death penalties by hanging, beheading or impaling, banishment,
imprisonment, fines and confiscations, forfeiture of rank and title, were widely in practice.

The British ruled India for almost 200 years. In the beginning of seventeenth century, the British government
had passed various Charters with a dual motive of strengthening the judicial system as well as to establish
British East India Company. The British government tried to brings major changes in administration of
justice in order to reform the inhuman practices of Mughal. The British brought the concept of transportation
of prisoners. It was seen as a reform to death penalty or mutilation which was largely in practice during
Hindu and Mughal reign in India. The prisoners of the East India Company were transported to Andaman
Island. Apart from Andaman Island, many convicts were sent to other parts of the world t and were
compelled to work as labourer in those places where there was huge demand of labourers. The penal
transportation had become one of the most popular and productive form of penalty. As the convicts were
made to fulfil the labour requirements in infrastructure and other works, the cost of imprisonment could be
easily drawn. Transportation of prisoners prevented the Indian prisons from being over crowded. However,
after the year of 1811, transportation of the prisoners from Bengal was stopped and the prisoners convicted
for severe crimes were given life sentenced in Alipore jail but the penal transportation was restored in the
1813 due to overcrowding of prisons.

When we talk about life imprisonment, the thought of violation of right to life come in the mind. They are
restricted from meeting their family, have no sense of privacy and lead a difficult social life. However, the
government is held responsible for the upkeep of the convicts in prison. Since every individual is rightly
entitled to their human rights, prisoners are included as well. They are entitled to lead a dignified life and
deserve to be treated with respect. They are to be provided with education, access to clean water and food
along with medical assistance and a chance at development. But onsite, the situation isn't as well
implemented.

PRESENT CONDITION IN INDIA

The conditions of prison can explain in a blunt brief manner- miserable and terrorising. Objectives of prisons
are to give a space to reform and self introspect while developing and amending their ways which is hardly
achieved. This miserable conditions are mainly because of-

1. Overcrowding of prisoners- The imposition of life sentences contributes to the issue of overcrowding in
Indian prisons. Overcrowded prisons can result in substandard living conditions, lack of access to
healthcare, and increased levels of violence, undermining the principles of human dignity and
rehabilitation. The prison system may struggle to provide adequate facilities and resources to address the
needs of long-term prisoners effectively.
2. Shortage of staff- Leads to limited access to almost all amenities that are to present in prison as well as
cause a lot of commotion that may ultimately lead to violence. The shortage of staff also creates
administrative challenges within prisons. Insufficient personnel to handle paperwork, record-keeping,
and administrative tasks can result in delays, errors, and inefficiencies. This can affect various aspects of
prison management, including classification of prisoners, processing of legal matters, and coordination
with external agencies.
3. Under funding- Leads to poor infrastructure and facilities, training of staff, healthcare and medical
services along with rehabilitation and reintegration programs. It also means lack of regular updation of
security equipment that may lead to prison escape. There is also a chance of lack of legal aid and access
to justice within prison and hence nurturing of a dehumanising environment.
4. Lack of treatment for mental issues- Many of the inmates suffer from various mental health issues such
as delusion, paranoia, depression, anxiety disorders etc. The prisoners are also subjected to various social
effects. The prisoners lose family attachments and become completely secluded from the social and
family life.
5. Excessive sentencing- There is a lack of clarity and consistency in determining when life imprisonment
should be imposed. The discretion given to judges in sentencing can result in inconsistent outcomes and
instances where individuals receive life sentences for crimes that may not warrant such lengthy
punishment. This raises concerns about the fairness and proportionality of the sentencing process.
6. Inadequate Focus on Rehabilitation:Life imprisonment often neglects the importance of rehabilitation
and the potential for reintegration into society. By removing individuals from the community
permanently, the opportunity for personal growth, reform, and eventual rehabilitation may be
significantly limited. Access to educational, vocational, and psychological support programs that are
crucial for the reintegration of offenders may not receive sufficient attention or resources.

 7. Disproportionate Impact on Marginalized Groups: The application of life imprisonment may

disproportionately affect marginalized and vulnerable groups, such as economically disadvantaged
individuals, minorities, and those without proper legal representation. Socio-economic disparities and
systemic biases within the criminal justice system can result in harsher sentencing for certain segments
of the population, exacerbating existing inequalities.

Other such reasons that lead to poor conditions are Violence in prison, Lack of medical assistance, Torture,
Abuse by staff or inmates.

INTERNATIONAL LAWS ON LIFE IMPRISONMENT

International laws on life imprisonment provide a framework for understanding the standards and principles
governing the use of this punishment. India, as a member of the international community, is expected to
comply with these standards.

International Covenant on Civil and Political Rights (ICCPR):

The ICCPR, a key human rights treaty, sets out provisions regarding the right to life, liberty, and fair trial.
Article 10 of the ICCPR emphasizes that prisoners should be treated with humanity and dignity, including
those serving life sentences. It also recognizes the possibility of sentence reduction or release based on
rehabilitation and penitentiary considerations.

United Nations Standard Minimum Rules for the Treatment of Prisoners (SMR):
The SMR, commonly known as the Nelson Mandela Rules, provide guidelines for the humane treatment of
prisoners. Rule 37 addresses the specific conditions and safeguards related to life imprisonment, emphasizing
the need for periodic reviews and possibilities of release based on rehabilitation and reformation. Theres also
“A Pocket Book of International Human Rights Standards for Prison Officials” laid down various rights of
prisoners such as-
i. Right to Physical and Moral Integrity: Life in prison is harsh as the inmates have no liberties however all
inmates shall be treated with dignity and respect, no matter how severe the crime committed by inmate.
Human dignity can never be taken away from any person as they are human by birth. The inmates shall
not undergo any type of torture or ill treatment. The prisoners shall be provided promptly with written
information about the regulation which applies to them and on their rights and obligation. All prisoners
shall receive adequate medical assistance.
ii. Right to an Adequate Standard of living: All the inmates shall be provided with adequate standard of
living which includes access to adequate food and drinking water, clothing, accommodation and bedding.
Adequate accommodation includes enough supply of air, lighting, heating, floor space and ventilation.
Adequate access to hygienic food, drinking water, and clothing are human rights. All inmates shall also
be provided with adequate clothing as they are not allowed to use their own clothing with the facilities to
wash and clean their clothes.
iii. Health Rights of Prisoner: Access to adequate medical assistance is a human right. Every prisoner should
be given a medical examination soon after their admission to the jail. There shall be proper health
facilities available to the prisoners. Any inmate diagnosed with serious health issue or mental sickness
shall be transferred to hospital or to a specialized prison hospital.
iv. Making Prisons Safe Places: The modern idea behind prison is protection of the society and reformation
of the convicts. There should be enough provisions with a safer environment for all round development
of the inmates. Any type of torture or cruelty whether physical or mental should be avoided as much as
possible. Restraints may be used only as a precaution against escape during transfer, for no longer than
strictly necessary and provided that they are removed when the prisoner appears before a judicial or
administrative authority; or on medical grounds. Chains and irons shall not be used as restraints.
v. Making Best use of Prisons: as it has been mentioned above, the main idea of prison is reformation and
social rehabilitation. There shall be enough provision for the development of the inmates. There shall be
enough scope so that the inmate can utilize their potentialities to its best. Vocational training and
education shall be provided. There shall be enough provision within the prison to work and earn. All the
prisoners, those who are fit shall work. the inmates should be able to send a part of their earning to their
families.
vi. Prisoners Contact with the Outside World: In the prison there shall be adequate provision so that the
prisoners remain updated with outside world. The families of the inmates can visit them. Prisoners are to
be granted their request to be held in a prison near his or her home as soon as possible.

 vii. Complaints and Inspection Procedure: Every prisoner shall have the right to complain in case of
violation of their rights. They are not to be treated brutally. The complainant shall have the provision to
bring the matter before a judicial or other authority if their complaint is rejected or not responded to it in
a timely manner.

The UN in “A Pocketbook of International Human Rights Standards for Prison Officials” mentioned about
Life and long-term prisoners under Special categories of prisoners. Under this, UN talks about various
aspects of life and long terms prisoners. No convicts who are under the age of 18, shall be given life
imprisonment. The prison shall focus on the reformation of the inmates. There shall be provision available to
them in order to minimize the difference between the normal life or life at liberty and prisoner’s life. The
prisoners shall be treated in a manner so that their self-respect and dignity does not get harm. There shall be
adequate provision tocommunicate with their family or friends under necessary supervision. Once the inmate
serves a sufficient period of time in the prison to mark their seriousness of their offence, they should be
eligible for release into the society.

India's approach to life imprisonment is primarily governed by domestic laws and judicial interpretations.
The Indian Penal Code (IPC) and other relevant statutes prescribe life imprisonment as a form of punishment
for certain offenses, typically those of a serious nature such as murder, terrorism, and certain cases of rape.
The judiciary, through its interpretation of the law, ensures that the imposition of life imprisonment is in
accordance with constitutional principles and safeguards. International Humanitarian Law (IHL) India, as a
party to IHL, is bound by its provisions in armed conflicts. IHL prohibits the imposition of a penalty
exceeding that which was applicable at the time of the offense. This principle ensures that the punishment,
including life imprisonment, remains within the limits of international humanitarian standards.

SOME RECOMMENDATIONS
1. To ensure proportionality within a life sentence, minimum terms should not be excessive, so that
restrictions imposed on life sentenced prisoners; and there should be a clear pathway to release.
2. Necessary measures to alleviate the potential detrimental effects of life imprisonment should be put into
place by prison administrations, including adequate and gender sensitive mental healthcare. Prison staff
should be trained specifically to mitigate the development or exacerbation of mental health problems.
3. Necessary measures to alleviate the potential detrimental effects of life imprisonment should be put into
place by prison administrations, including adequate and gender sensitive mental healthcare. Prison staff
should be trained specifically to mitigate the development or exacerbation of mental health problems.
4. Conditions imposed on life sentenced prisoners upon release must be individualised, proportionate and
time limited. Any conditions, particularly supervision, should be focused on assisting the process of
reintegration for life sentenced prisoners to reduce any risks of reoffending. Supervision should not be a
continuing form of punishment.
5. Released life sentenced prisoners who breach conditions imposed on their release should only be
recalled to prison if they are found to pose a danger to society. The power to recall should be exercised
with caution and governed by due process. Consideration should be given to an individualised and
graded response to infringing the conditions of release. The period for any further imprisonment should
be the minimum required to address the danger posed and should be reviewed at regular intervals.
6. Bodies entrusted with considering the release of life sentenced prisoners must be independent to allow
for impartial decisions that are grounded in law and fair procedure. Decisions should meet the highest
procedural standards and be based on whether the continued detention is proportionate and legitimate
within the purposes of imprisonment.

CONCLUSION
Everything discussed in this paper highlight the complexities and challenges associated with imprisonment,
the importance of safeguarding human rights, and the need for comprehensive reforms to improve the
conditions of prisons and uphold justice in India. The questions put up in the beginning of the paper have
also been fulfilled and hence in conclusion the law in India however may respect and keep human rights in
mind however the implementation of the same is extremely poor at the ground level.

REFERENCES
- United Nations General Assembly. (1966). "International Covenant on Civil and Political Rights."
Retrieved from https://www.ohchr.org/EN/ProfessionalInterest/Pages/CCPR.aspx
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- United Nations General Assembly. (2015). "United Nations Standard Minimum Rules for the Treatment of
Prisoners (the Nelson Mandela Rules)." Retrieved from https://www.unodc.org/documents/justice-and-
prison-reform/Nelson_Mandela_Rules-E-ebook.pdf
- Supreme Court of India. (2016). "Sunil Batra vs. Delhi Administration." Retrieved from https://
main.sci.gov.in/supremecourt/1978/6768/6768_1978_Judgement_13-Apr-2016.pdf
- Tripathy, S. (2015). "Life Imprisonment in India: An Appraisal." Delhi Law Review, 17(2), 121-136.
- Penal Reform International. (2018). Life Imprisonment Briefing [PDF file]. Retrieved from https://
cdn.penalreform.org/wp-content/uploads/2018/04/PRI_Life-Imprisonment-Briefing.pdf
- Kalita, H., & Pathak, A. Life Imprisonment in India from a Human Rights Perspective: Issues and
Challenges [PDF file]. Retrieved from https://law.unimelb.edu.au/__data/assets/pdf_file/0011/3919241/
Kalita_Himangshu-and-Pathak_Ananya.pdf
- Legal Service India. (n.d.). A brief overview of life imprisonment. Retrieved from https://
www.legalserviceindia.com/legal/article-6058-a-brief-overview-of-life-imprisonment.html