CONSTITUTIONAL RIGHTS OF THE ACCUSED AND ANALYSIS OF PRISON ADMINISTRATION
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Abstract
With the attainment of Independence and the Declaration of our Constitution quick walks have been made in all fields and the Rights of an individual are secured by Part III of the Constitution. i.e. Fundamental Rights. But, there are some areas in the legal system which are redundant and are kept aloof which is rather draconian for an individual in need. One such is Rights of a Prisoner, where there has been minimal development in the past left with loopholes resulting in the gross violation of human rights. Presumption of innocence until proved guilty as one of the basic tenet of Indian Constitution demands certain safeguards and rights to be provided to the arrested persons. Sacrosanctity of the rights of each individual needs to be maintained. Only because a person is arrested, it does not give the mandate even to the lawmakers to take away certain fundamental rights provided in the constitution of India. The author has discussed in brief, the life of a prisoner with his inherent rights, and the legitimate rights provided by the Constitution of India. The remedies available to the Prisoner, Convicted and Under trial at various stages right from starting when a person is approached by a police officer until the trial and sentencing stage has been covered. These rights of the convicted need to be understood in a broader sense by paying focus to prison administration. The Article emphasizes a thorough study of prisons as its inhuman and dissolute conditions add to the trauma of the prisoners. Sporadic attempts have been made with limited vigour to improve the plights of the accused in prison after being convicted. Some maladies in prison administration have been discussed with some corrective actions that will help prisons to become an all-around agency where they not only undergo sentences but also turn into reformed citizens. It is also pertinent to note that unjustified police action also accounts for unnecessary expenditure on the prison administration which is a major flaw of administrative mechanism in India.
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