All the 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 birth right, are, therefore, inherent in all the individual as they are consonant with their freedom and dignity and are conductive 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 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 of prisons for the lawbreakers. However, it does not mean that the prisoners have no rights. Except right to movement, right to form an association, right to carry on any trade or business, 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 their citizens. Though judicial interpretation that 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 a human being. With this view, the author attempted to analyze the judicial response in standardizing the norms to mitigate the hardship caused to prisoner in the given circumstances.
Review Article
English
P. 75-79