Proposition laid down by the Supreme Court of India in the context of Torture in prisons and Human Dignity

ADVERTISEMENTS:

The Supreme Court has from time to time, held, that even prisoners have rights to be treated with human dignity. They are not to be treated with derogatory manner and inhuman torture. The court has widened the scope of Article 21 to provide free legal aid and speedy trial as fundamental right. Even the Supreme Court has held that Solitary confinement should not be imposed except on extra ordinary courses. It was held to be violative of Article 21.

The Supreme Court has accepted that our constitution requires to follow the process of natural justice and hence, no person can be treated against has natural human dignity, even in prisons. He is empowered and has right to have food, healthy environment and cooperation in certain matters. Prisoners cannot be treated as animals and are not to be punished except in accordance with Laws.

In matters regarding torture in prisoner, it has been strictly ordered that no treatment can be imparted to the prisoners which ingures them bodily or mentally. In case of women prisoners, they are not to be sexually harassed. The Court has in some cases given effect to a single post card for or by the prisoner as a petition for a writ and writs have been issued to save them from torture.

ADVERTISEMENTS:

Not only relieving them form inhuman treatment or torture in prisons but also compensatory measures have been taken by the court. Active role of the judicial body, especially the apex court, has saved prisoners from the police atrocities.

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