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Judicial Response Towards the Protection of Prisoners Human Rights in India

Bheemabai S Mulage, Assistant Professor, Karnataka State Law University’s Law School, Navanagar, Hubballi 580025, Karnataka, India. , Bheemabai S Mulage

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Indian Journal of Law and Human Behavior 8(2):p 75-79, July-December 2022. | DOI: DOI: http://dx.doi.org/10.21088/ijlhb.2454.7107.8222.5

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Bheemabai S Mulage/Judicial Response Towards the Protection of Prisoners Human Rights in India/Indian J Law Hum
Behav 2022;8(2):75-79.

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Received : N/A         Accepted : N/A          Published : N/A

Abstract

All people are born free and equal in dignity and rights. This guiding principle of the Universal Declaration of Human Rights, 1948 lives strong in the hearts and minds of millions of people. Human rights, being the birthright, are, therefore, inherent in all individuals as they are consonant with their freedom and dignity and are conducive to physical, moral, social, and spiritual welfare. Therefore, human rights do not mean merely the right to live with humanity but mean the right to live with dignity. The fundamental object of the criminal justice system is to provide protection to the innocent and to punish the offenders. Every society has a judicial system for the protection of its law-abiding members; it has to make provisions for prisons for lawbreakers. However, it does not mean that prisoners have no rights. Except for the right to movement, the right to form an association, and the right to carry on any trade or business, or occupation, prisoners are equally entitled to enjoy many constitutional and human rights like any other ordinary man. As per the Constitutional mandates, every country’s judiciary has a great responsibility to protect the human rights of its citizens. Though judicial interpretation has in the Indian context, progressively expanded the human rights content of the law, and the Supreme Court, in the recent past, has been very vigilant against violations of the human rights of the prisoners. But, in many cases still, prisoners are denied the very rights that are fundamental to their being human beings. With this view, the author attempted to analyze the judicial response in standardizing the norms to mitigate the hardship caused to prisoners in the given circumstances.

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Cite this article

Bheemabai S Mulage/Judicial Response Towards the Protection of Prisoners Human Rights in India/Indian J Law Hum
Behav 2022;8(2):75-79.

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DOI: DOI: http://dx.doi.org/10.21088/ijlhb.2454.7107.8222.5

Keywords

Prisoner rights; Human rights violation and Judicial Response.

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