Posted October 8, 2013 by advocateguru in Learning Centre

Prisoner’s rights

The origin of Prisoners’ Right can be traced back in the land mark case of A. K. Gopalan v State of Madras.1 It was argued that Article 21 of the constitution includes a ‘fair and reasonable’ procedure and not a mere procedure prescribed by the state for the deprivation of life or personal liberty of individuals.

In the case of Hussainara Khatoon v Home Secretary, State of Bihar2, Supreme Court held that Pre-trial release on personal bond should be allowed; and the person should be released on bail is indigent. Also bail is a matter of right

In the landmark case of Khatri v State of Bihar3, also known as Bhagalpur Blinding Case, the Supreme Court held that, the right to free legal aid is an essential ingredient of fair, just and reasonable procedure for a person accused of an offence, and this right has been guaranteed under Article-21, of the Constitution.

Hence the emphasis is on that prisoners should be treated humanly. Just because they committed any crime doesn’t mean they should be give inhuman treatment. Since we follow the reformative form of criminal system it is our duty to ensure the rights of the prisoner.

1 AIR 1950 SC 27


2 AIR 1979 SC 1360


3 AIR 1981 SC 928