The recent riots in the Byculla women's prison exposed more than one rot in the way prisoners are treated in India. The inmates were also venting their anger against a system that routinely ill-treats them
Illustration/Ravi Jadhav
The recent riots in the Byculla women's prison exposed more than one rot in the way prisoners are treated in India. The inmates were also venting their anger against a system that routinely ill-treats them. At such a time, a discussion around the nature of prisoners' rights in India is vital. This week, mid-day breaks down prisoners' rights in a country that guarantees them, but often doesn't deliver on it.
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The condition in India
According to a paper* by the Human Rights Watch, "Anyone unlucky enough to be arrested (here) faces a far greater likelihood of torture, or worse, at the hands of the police than in many countries entirely lacking in the protections for civil liberties available in India." (sic)
The victories and losses
The right way: India's first PIL filed in 1979, known as the Hussainara Khatoon case, is a landmark judgment. After hearing the case, SC issued a notice to the Bihar government, which eventually led to the release of 40,000 undertrials.
Hands off handcuffs: In the Prem Shankar Shukla v Delhi Administration case in 1980, SC ruled handcuffing was a violation of Article 21. Justice V R Krishna Iyer held, "Handcuffs or other fetters shall not be forced on the person of an undertrial ordinarily."
Brutal death over ration: The most recent case is that of Byculla women's prison inmate Manjula Shetye, who was brutally assaulted and killed by jail authorities after she had an altercation with them. The case is currently under investigation.
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