Justice behind bars: Assessing legal protection and the human rights of prisoners in India

Abstract

Human rights serve as the protective shield for individuals within civil society, representing inherent entitlements acknowledged through legislative acts and enforceable in courts of law. These rights persist even in the face of legal transgressions, with the judiciary intervening to uphold the rights of individuals, including those in detention. This research endeavours to scrutinize the extent to which human rights are extended to detainees and the role played by the judiciary in upholding humanitarian principles. The chapter begins by highlighting the judiciary's acknowledgement of prisoners' rights, as various entitlements are conferred upon incarcerated individuals. The authors delve into the judicial perspective, particularly focusing on Article 21, encompassing rights such as the right to a speedy trial, access to legal aid, and the right to adequate wages for prisoners. Through this lens, the chapter seeks to unravel the nuanced approach taken by the judiciary in safeguarding the rights of those confined. The authors further explore contemporary challenges, specifically addressing the diminishing rights of prisoners of war and immigrant detainees on a global scale. The research aims to shed light on the intricate complexities surrounding the preservation of human rights in the context of detainees, emphasizing the need for judicial intervention to mitigate these challenges and uphold the principles of justice and humanity. © 2024, IGI Global. All rights reserved.