Prisoners and human rights

The Indian socio-legal system is based on nonviolence, mutual respect and human dignity of the individual. If a per son commits any crime, it does not mean that by committing a crime, he ceases to be a human being and that he can be deprived of those aspects of life which constitute human dignity. Even the pris oners have human rights because the prison torture is not the "last drug in the Justice Pharmacopoeia" but "a confession of failure to do justice to living man". For a prisoner all fundamental rights are an enforceable reality, though restricted by the fact of imprisonment. Article 21 of the Constitution guarantees the right of "personal liberty" and thereby prohibits any inhuman, cruel or degrading treatment to any person whether he is a national or foreigner. Any violation of this right at tracts the provisions of Article 14 of the Constitution which enshrines right to equality and equal protection of laws. In addition to this, the question of cruelty to prisoners is also dealt with specifically by the Prison Act.

The police plays vital role in safeguarding our life liberty and freedom. But the police must act properly showing full respect to the human rights of the people. They must also remember that they are also under the law and not above the law. The judicial activism has brought the human rights close to the people and the latest trend of the judiciary is in consonance with article 9(5) of the Inter national Convenant of Civil and Political Rights.