The second edition of Rights Behind Bars (RBB), a resource that aims to carry the rights based jurisprudence developed by Constitutional Courts, behind bars, comes a decade after the first report which was launched in 2009. RBB I contained landmark judicial pronouncements and National Human Rights Guidelines.
The present publication has important juridical decisions on prisoners’ rights between 2010-to- 2019.
The RBB series aims at simplifying knowledge of law on prisoners’ rights for the layperson. It provides court judgements which recognise or reaffirm various rights of prisoners in clear and simple language which can be used by all stakeholders in prison reforms, especially prisoners and prison officers.
Prisons in India are a State subject – or they are governed under state laws framed under an archaic central legislation, the Prisons Act of 1894. On the direction of the Supreme Court, the Bureau of Police Research and Development (BPRD) prepared a Model Prison Manual (MPM) in 2003. This was revamped in 2016 on the directions of the same Court in another case. However, few only 8 States or Union Territories have amended or repealed their 20th century or older laws to develop a modern legal framework which includes the concepts of reformation and rehabilitation of prisoners. As a result, implementation of the MPM is yet to get off the ground.
In 2012, the Rajasthan High Court ruled on the issue of parole, “the need at the given stage… has been to look ahead; and to, at least, peep into the principles of rehabilitation and reformation, rather than being stuck only with the theories of retribution and deterrence.” (Mehboob Ali v. State of Rajasthan, 2012 SCC OnLine Raj 1813.) However, in the absence of positive developments in the statutory framework for governing prisons, the Court took upon itself the role of developing law at specific junctures where injustice to prisoners was brought to its notice.
Judicial rulings often bridge the gaps between India’s prison system and developments in law that could otherwise have provided for prisoners’ rights. Civil society organisations, working in access to justice issues, as well as researchers, academia and media, have a duty to ensure that the Court’s affirmation on reform and rehabilitation reach the incarcerated, who are locked at one end of the criminal justice system.
Rights Behind Bars underlines that adequate judicial framework, depth of decisions and context exist which provide for a modern day correctional system. However, the practical reality is a vast distance from the ideal. That is the challenge we must all work to meet, the gap we must address with urgency and energy.
This publication seems to create a framework for the improvement of the lives of prisoners. It is presented for use as a resource to strengthen rule of law behind bars. In the November 1947 issue of Harijan, Gandhi wrote, “All criminals should be treated as patients and the jails should be hospitals admitting this class of patients for treatment and cure”.
The Supreme Court has emphasised that a prisoner, whether a convict, under-trial or detainee does not cease to be a human being and, while lodged in jail, enjoys all fundamental rights guaranteed by the Constitution of India including the right to life guaranteed by the Constitution.
We would like RBB to be a useful resource to all in the criminal justice system -- including prisoners, prison officers, the police, lawyers, legal aid functionaries, public prosecutors and civil society actors as well as media and academia who have a stake in ensuring a right based correctional system.
International Director, Commonwealth Human Rights Initiative
New Delhi
October, 2020