Prisoner rights under Article 21
Article 21 has a very wide scope. It also provides certain safeguards to prisoners under detention. A prisoner under detention has all the fundamental rights except when his liberty is constitutionally curtailed. It was noted by Desai J that the fact that a person is being tried for a crime doesn’t reduce his status to a nonperson and hence he cannot be subjected to major punishment by jail authorities.
Under the case of Sunil Batra v. Delhi administration the solitary confinement of the prisoner was held bad as he was kept in solitary confinement because he was under the sentence of death not because he violated prison discipline. It was also observed that bar- fetters not wholly but to a certain extent deprives locomotion. They are only justified to the character of the prisoner and safe custody of the prisoner presence of armed persons cannot be termed as a violation of their Liberty. It has been observed that the court has issued directions to the prison authorities to protect the rights of prisoners. They are also guided to take appropriate actions to protect women and children from sexual abuse. It was observed that even handcuffing of prisoners under trial without adequate reason in writing is also a violation of article 21.
The court issued directions to the union to issue guidelines in this regard. Prisoners cannot complain of certain factors which are necessary to ensure the safety and prison guidelines as the violation of their fundamental rights. For example, the prison guards cause no interference to the personal Liberty of prisoners. Prisoners cannot claim that the fact that prisons are surrounded by live wires. It causes a violation of their personal liberty and freedom. They will come in contact to live wire only if they try to escape.
The guideline is issued that remand homes for women and children should provide adequate human conditions. In the case of State of Maharashtra v. Prabhakar Pandurang. The write of a person under detention to send a book written by the person detained for publication.Article 21 of the Indian constitution ensures that nobody will be denied of his life and individual freedom besides as per the methodology set up by law. It obviously infers that this focal right has been given against the state in a manner of speaking.
If an exhibit of a private individual amounts to encroachment upon the individual opportunity or difficulty of life of another person. Such encroachment would not fall under the limits set for Article 21. in such a case the answer for an irritated individual would be either under Article 226 of the constitution or under expansive law, where an exhibit of private individual maintained by the state infringes on the individual opportunity or life of another person, the show will clearly go under the ambit of Article 21. Article 21 of the Constitution oversees aversion of encroachment upon a singular opportunity or difficulty of the life of an individual Article 21 isn’t simply accessible to residents of our country yet additionally to non-residents, for instance, an outsider visiting the country and furthermore to individuals whose citizenship isn’t known.
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
If you are interested in participating in the same, do let me know.
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