When we go through the Constitutional Rights of a Prisoners it provides that :
- Article 21 of the Constitution ensure speedy trial to prevent prolonged the detention
- Article 39A provision provide for legal aid to under trial Prisoners.
- Under trials also have the right to communicate with family and legal advisor.
- Article 14, 19 and 21 are limited to Prisoners but not deprived.
- The Under trial prisoners in India have various right protected.
Detention must follow legal procedures and under trial must be treated humanly with access to adequate medical care, preventing torture degrading treatment.
Right to bail to Prisoners
The Right to bail, is right to Liberty and it is the Judicial process which must be impartial and according to statutory and Constitutional provision.
Kinds of Bail
- Default bail
- Regular bail
- Anticipatory bail
- Medical bail
- Interim bail
Right to speedy trial
Kartar Singh v. State of Punjab (1994) 3 SCC 569
In this case kartar singh v. State of Punjab it has been held that speedy trial is a component of personal liberty.
Kadra Pahadiya v. State of Bihar (AIR 1982 SC 1167)
It has been held that a procedure which does not provide for speedy trial of determination of the guilty of the accused cannot be termed as just, fair and reasonable.
And personal liberty under the procedure which is not just, fair and reasonable would be violative of Article 21 of the Constitution.
Delayed trial is not necessarily unfair trial and trial cannot be quashed on the ground of delay.
Right against torture or third degree method
Prisoners
The Universal Declaration of Human Rights 1948 Article 5 provides that, no one shall be subjected to torture or to cruel inhuman or shameful treatment or punishment.
International covenant on civil and political rights 1976
Article 7 of the International covenant on Civil or Political Rights provides that, no one shall be subjected to torture or to cruel, inhuman or shameful treatment or punishment.
In particular, no one shall be subject without his free consent to medical or scientific experimentation.
Right to have interview with his lawyer, family members to Prisoners
Francis Coralie v. Union of Territory of Delhi (AIR 1981 SC 746)
In this case it has been held by the Supreme Court that the detenue’s (Prisoner) right to have interview with his lawyer and family member is part of his ‘personal liberty’ guaranteed by Article 21 of the Constitution.
The right of prisoner to consult a legal advisor of his choice for any purpose including securing release from preventive detention is included in the right to live with human dignity.
And is also part of personal liberty and cannot be interfered with expect in accordance with the reasonable, fair and just procedure established by a valid law.
“Right to socialise” with members of family and friends, subject of course, to any valid prison regulations which must be reasonable and non arbitrary.
Right to free Legal Aid for Prisoners
Article 39a of the Constitution of India ensure that access to justice not denied to anyone, on the ground of economics or other disability.
Hussainara Khatoon v. Home secretary, State of Bihar ( AIR 1979 SC 1360)
In this case it has been held that free legal service to the poor and needy is an essential element of reasonable fair and just procedure.
And here therefore a procedure which does not provide for free legal service to the poor and needy person cannot be regard as reasonable fair and just and consequently it would be violative of article 21.
M.H. Hoskot v. State of Maharashtra (AIR 1978 SC 1548)
Justice Krishna Iyer stated, ” This is the State’s duty and not Government’s charity”.
It has been held that if a Prisoner is unable to exercise his Constitutional and statutory right of appeal including special leave to appeal for want of legal assistance.
There is implicit in the Court under Article 142 read with Article 21 and 39a of the Constitution.
The power to assign Council to the Prisoner provided he does not object to the lawyer named by the Court.
Ranchod v. State of Gujarat (AIR 1974 SC 1143)
It has held that accused person at least where the charge is of an offence punishable with “improvement”, is entitled to be offered legal aid.
If he is too poor to afford Counsel, even if he accused did not ask for legal aid.
Is fundamental rights deprived of to Prisoners?
The conviction or not by mere reason of their conviction deprived of all the fundamental rights which they otherwise possess.
The fundamental rights available to Prisoners are limited when they are in conviction as a compared to normal citizen bears out side the Jail.
Following Fundamental Rights are deprived of to Prisoners when they are in or under conviction and are into the jail.
- Deprived of Right to move freely throughout the territory of India.
- Right to practice a profession.