Rights of Prisoners against custodial torture in India

Authors

  • PRATIK KUMAR LLM Research Scholar, School of Law Galgotias University, INDIA.

Keywords:

Rights of Prisoners, custodial torture, India

Abstract

The relationship between prisoners and human rights has always been erratic. There always have been conflicting opinions on the position about whether the prisoners are entitled to human rights or not. Some people have the opinion that, when a person becomes deviant and commits a crime, he should be deprived of all his rights. However, others are of the opinion that some rights remain vested in a person even after commission of a crime by that person. There are certain basic rights which the prisoners are entitled to which safeguard them from some abhorrent practices. One such detestable practice is ‘Torture’ which is used against the prisoners and under-trials to get confessions from them about a particular event.

References

Rachel Schon, ‘What Human Rights Do Prisoners Have?, (Human Rights News, Views & Info, 19 July 2016) <https://rightsinfo.org/prisoners-still-afforded-humanrights/> accessed 24 March 2019.

Stop Torture (Amnesty.org, 2019) www.amnesty.org/en/get-involved/stop-torture accessed 24 March 2019.

Universal declaration of Human Rights, www.un.org/en/universal-declaration-human-rights accessed 24 March 2019.

H. O. Agarwal, International law & human rights (20th edn, Central Law Publications 2014).

Prisoners Act of 1894,

T.V. Vatheeswaran v State of Tamil Nadu [1983] AIR 1983, SC 361.

DK Basu v State of West Bengal [1997] 1 SCC 416.

Jagmohan Singh v State of UP [1973] AIR 1973 SC 947.

Human Rights Watch, ‘The Legal Prohibition Against Torture’ (Human rights watch, 1 June 2004) www.hrw.org/news/2003/03/11/legal-prohibition-against-torture accessed 25 March 2019.

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Published

2020-12-31

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Articles