Right Of Prisoners

It is no more open to debate that convicts are not wholly denuded of their fundamental rights. However, prisoner’s liberty is in the very nature of things circumscribed by the very fact of his confinement. His interest in the limited liberty left to him is then all the more substantial conviction for a crime does not reduce the person into a non-person whose rights are subject to the whims of the prison administration and therefore, the imposition of any major punishment within the prison system is condition upon the observance of procedural safeguards (Sunil Batra versus Delhi Administration, AIR 1978 SC 1675). In the said decision, Justice D.A.Desai, speaking for himself, the Hon’ble Chief Justice of India and two Hon’ble Judges observed that a convict is in prison under the order and direction of the Court and the Court has, therefore, to strike a just balance between the dehumanizing prison atmosphere and the preservation of interval order and discipline, the maintenance of institutional security against escape, and rehabilitation of the prisoners

Right Of Prisoners