Pros And Cons Of Rights Of Prisoners

4. RIGHTS OF PRISONERS
A convict lodged in a prison is not denuded of all fundamental rights though it is true that he does not enjoy all the fundamental rights like other persons because of the fetters imposed on him in accordance with the law. In an American case on prisoner’s right, i.e. Procunier v. Martineg the court emphasized that since the liberty of a prisoner is constitutionally curtailed due to his confinement, his interest in the limited liberty left to him becomes all the more substantial.

(A) Right to Human Dignity and Physical and Moral Integrity
All human beings are born free and equal in dignity and right. All persons deprived of their liberty shall be treated at all times with humanity and with respect for the inherent
dignity of the human person. No prisoner shall be subjected, even with his or her consent, to any medical or scientific experimentation which may be detrimental to his or her health. Therefore a prisoner has a right to be treated as a human being and as a person; this right has also been stressed and recommended by the Supreme Court of India which has categorically declared that prisoners shall not be treated as non-persons. They also have Right to integrity of the mind and body i.e. immunity from use of repression and personal abuse, whether by custodial staff or by prisoners as well as immunity from aggression whether by staff or by prisoners.

(B) Right to basic minimum needs
The enjoyment of the highest attainable standard of physical and mental health is a human right. It is a basic requirement that all prisoners should be given a medical examination as soon as they have been admitted to a prison or place of detention. Any necessary medical treatment should then be provided free of charge. Right to fulfillment of basic minimum needs such as adequate diet, health, medical care and treatment, access to clean and adequate drinking water, access to clean and hygienic conditions of living accommodation, sanitation and personal hygiene, adequate clothing, bedding and other equipment.
(C) Right to communication
Every human being has a right to communication with his/her loved ones no one shall be subjected to arbitrary interference with his or her privacy, family, home or correspondence. All prisoners shall have the right to communicate with the outside world, especially with their families. Foreign prisoners shall be allowed to communicate with their diplomatic representatives. A prisoner’s request to be held in a prison near his or her home shall be granted as far as possible. Prisoners shall be kept informed of important items of news.
(D) Right to have an access to law
Anyone whose rights and freedoms have been violated has the right to an effective remedy, determined by a competent court.
Every prisoner on admission shall be provided with written information on regulations and on complaints and disciplinary procedures in a language which he or she understands. If necessary, these rules should be explained orally. Apart from this every prisoner should have:
(i) Right to effective access to information and all legal provisions regulating conditions of detention;
(ii) Right to consult or to be defended by a legal practitioner of prisoner's choice;
(iii) Right to access to agencies, such as State Legal Aid Boards or similar organizations providing legal services;
(iv) Right to be informed on admission about legal rights to appeal, revision, review either in respect of conviction or sentence;
(v) Right to receive all court documents necessary for preferring an appeal or revision or review of sentence or conviction;
(vi) Right to effective presentation of individual complaints and grievances during confinement in prison to the appropriate authorities;
(vii) Right to communicate with the prison administration, appropriate Government and judicial authorities, as the case may be, for redressal of violation of any or all of prisoners' rights and for redressal of
grievances.

(E) Right against arbitrary prison punishment
Every prisoner shall have the right to make a complaint regarding his or her treatment and, unless the complaint is evidently frivolous, to have it dealt with promptly and, if requested, confidentially. If necessary, the complaint may be lodged on behalf of the prisoner by his or her legal representative or family. A Prisoner shall also have Right to entitlement in case of disciplinary violation, right to have precise information as to the nature of violation of Prisons Act and Rules, right to be heard in defence, right to communicate of the decision of disciplinary proceedings, and right to appeal as provided in rules made under the Act.

(F) Right to meaningful and gainful employment
It has been widely accepted now that utilization of prisoners in productive work is one of the best methods of bringing about rehabilitation of offenders and thus keeping the prisoners engaged in productive work would be helpful for their physical and mental fitness. Also the wages earned by the prisoners can be utilized for supporting their family and dependents. Therefore every prisoner has a right to meaningful and gainful employment and earn wages. A prisoner also has the following rights under right to employment:
a. No prisoner shall be required to perform begar' and other similar forms of forced labour which is prohibited as a fundamental right against exploitation (Article 23 of the Constitution of India).
b. Under trial prisoners volunteering to do work may be given suitable work wherever practicable. Such prisoners should be paid wages as per rules.
c. No prisoner shall be put to domestic work with any official in the prison administration. Such work shall not be considered as meaningful or gainful, even if some monetary compensation is offered.
d. Prisoners shall, in no case, be put to any work which is under the management, control, supervision or direction of any private entrepreneur working for profit of his organization. This will not apply to open prisons and camps.