Question

What is included in the rights of prisoners in the contemporary legal framework in India?

• A. Absolute right to freedom
• B. Complete suspension of rights
• C. Restricted legal access
• D. Preservation of Comprehensive human dignity

Hint:

The guiding principle of Indian jurisprudence on prisoners' rights is: "Imprisonment curtails liberty, it does not extinguish humanity." Associate Article 21 (Right to Life and Dignity) as the primary source of all rights available to prisoners.

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
The Indian judiciary has, through a series of landmark judgments, established that prisoners are not stripped of all their fundamental rights upon incarceration. While their right to liberty is curtailed, they retain other constitutional rights. The core principle is that a prisoner is a human being and must be treated with dignity.
Step 2: Detailed Explanation:
Let's analyze the options:

(A) Absolute right to freedom: This is incorrect. The very act of imprisonment is a lawful restriction of the right to freedom of movement.
(B) Complete suspension of rights: This is incorrect. The Supreme Court in cases like Sunil Batra v. Delhi Administration has held that "convicts are not, by mere reason of the conviction, denuded of all the fundamental rights which they otherwise possess."
(C) Restricted legal access: This is incorrect. The right to legal access and counsel is a fundamental right under Article 22 of the Constitution and is available to prisoners. While practically there might be challenges, the legal framework does not prescribe restriction of legal access.
(D) Preservation of Comprehensive human dignity: This is the correct answer. The Supreme Court has repeatedly held that the right to life under Article 21 of the Constitution includes the right to live with human dignity. This applies to prisoners as well. This right encompasses protection from torture, cruel and unusual punishment, the right to basic necessities like food and medical care, and the right to be treated as a human being.
Step 3: Final Answer:
The cornerstone of prisoners' rights in India is the preservation of their human dignity, as protected under Article 21 of the Constitution.