Arrest may not always be a Constitutional Mandate

  • Nandini Balasubramanian
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  • Nandini Balasubramanian

    Student of Cooperative School of Law, Thodupuzha, India

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Our nation is known for its democracy and its rich culture, but it is very depressing that the developing country just like India has no qualified and specific legislation for the rights of prisoners, this fact cannot be rejected that our honorable judiciary has not ignored the personals and recognize various rights for them through their judgments and interpretations. Moreover, the rights related to prisoners experienced a drastic change during the past decades as an increased consciousness about the desperate need of Prison Reform on the people. A prisoner is an individual who is restrained to enjoy his liberty and capture under the prison or detention as a punishment for crime. Being a convict or being under trial does not reject the need for human rights for the survival and protection of life. Through my paper I would like to explain about the various constitutional legal frameworks that India provides to safeguard the interests and rights of prisoners and elucidates the various executive and judicial guidelines issued from time to time with respect to needs and care of prisoners. Even though, are several international legal instruments that have contributed immensely to the progressive development of human rights of prisoners, my paper conveys available instruments and compares them with laws prevailing in India for providing protections to maintain their human rights and legal rights. The final part of paper submits various suggestions to refine the prevailing status of prisoners in India to acquaint them with the rights that they deserve as humans.


Research Paper


International Journal of Legal Science and Innovation, Volume 3, Issue 5, Page 265 - 269


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