ROLE OF JUDICIARY IN PROTECTING THE RIGHTS OF PRISONERS

Abstract

Indian Constitution being federal in nature provide seperation of power among legislature, administrater and judiciary. But these powers are not absolute and are subject to check in light of constitution among themselves only.  Judiciary as an institution in globe aimed to be the guardian and protector of human right. As per the Indian Constitution this function is assigned to the superior judiciary namely the Supreme Court of India and High courts. The Supreme Court of India is one of the most active courts when it comes into the matter of protection of Human Rights. Independence of judiciary is one of the part of basic features of Indian constitution. Laws are made by legislatures but they are always subject to judicial review in light of basic feature of the constitution. Indian legislature had made several laws in regard to right of prisoners in prison but being a venerable class  they are always exploited. Inspite of provisions given  our constitution and other procedural law   in protection of the rights of prisoners they remain a exploited and venerable class of the society.  The supreme court of India on different occasions through its various judgments speaks about this issue and lays down different guideline to protect the rights of this earthen class, which show the mirror that inspite of all laws and provision the implication at ground zero is defected and need review. The aim of the researcher will be to find these ground realties, analyze the guidelines of supreme court ,and find out some remedies to the problem through doctrinal research.