NHRC and Prisoners’ Rights in India

Introduction:
Human rights are non rival and are equal to all. All the citizens of this country are entitled to the
human rights equally. There is no exception to any. It is a common notion that prisoners are not
eligible to enjoy human rights as in the case of other citizens. This notion has deep rooted in the
society which has leaded to serious human rights violations with respect to prisoners’ n our
country. However NHRC has come forward to address this issue and has made many
recommendations to make the life of prisoners better.

Human Rights in India:

The condition of human right in India is a very complex, rigid and spiral. ‘It is because of the
country’s large size, immense diversity, its grading as a developing country and its history as a
former colonial territory. It is a very common view that the minorities and marginalized sections
of the society like Dalits, tribes and other backward religions suffered and continue to suffer
substantial discrimination.’1 Though thousands of human rights violations have been reported
in the country, India is generally not considered as human rights violated country. But today,
the scene is very serious and fragile.

National Human Rights Commission:

The constitution of India provides a functional framework on how the country should function.
‘’Complementing to this aspect, we have several legislations and institutional mechanisms that
serve to respect, promote and protect human rights. Along with this we have international
conventions, which also form the basis of human rights commission partly for India.’’2()

‘National Human Rights Commission was set up in October 1993 for “better protection of
human rights and for matters connected there with or incidental thereto”. NHRC is a
constitutional and autonomous body that works separately. It has financial and economic
independence along with a broad authorization. NHRC works under the motto of Sarve
bhavantu sukhina’ which means ‘happiness and health for all’.3 NHRC works under the

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Report of National Human Rights Commission of India (13 Asia Pacific Forum Meeting -28-31 july ,2008)
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principle that happiness and health is required to be achieved to all through a right based
management. NHRC looks at respect for human rights where their dignity is fundamental.’ 4

National Human rights commission works on the basis of the act, ‘Protection of Human Rights
Act, 1993 to fulfill the objectives and meaning of the same. ‘Immediately after the set up of
NHRC, their main area of focus was civil and political rights including terrorism and insurgency,
prisoners, cases in detention, monitoring of custodial deaths, juvenile justice etc.’5 but in the
later years, NHRC extended their area of interests including social, economic and cultural rights
as they worked under the fact that all rights are inter linked and inter reliant. The number of
complaints in first ten years of its establishment has increased steadily from 496 to 1, 00,616
which shows that the public interest and trust upon this body. In order to have speedy trials,
the commission has Human Rights Courts. Along with these efforts, NHRC has also set up State
Human Rights Commission (SHRC) to look into the human rights violations of respective states.

NHRC and Prisoners:

NHRC works under different specializations like Economic Rights, Social Rights, and Cultural
Rights etc. Among them Civil and Political rights always has always been a major area of work of
NHRC. As mentioned before, NHRC immediately after their establishment concentrated in these
rights before spreading their working into other areas. It is in the section XIII of the Human
rights Violators index, Violations of the prisoners’ rights is discussed. The commission has been
playing major role in monitoring rapes, custodial deaths, deaths in assumed fake encounters
etc. The commission is very keen in the redress of individual complaints. NHRC has always
stressed the need for systematic reforms in the police and prisoners.

With respect to prisoners, the commission has played a very major role. NHRC continued to
monitor the conditions of prisoners. ‘NHRC’s major areas of effort in the case of prisoners are
overcrowding in prisons, sensitization of prison staff, medical treatment for prisoners, and
protection of human rights of prisoners along with many other concentrations.’ 6

Few Statistics regarding Prisoners and NHRC:

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‘According to the data of NHRC, about 15024 deaths in judicial custody and 2222 in police
custody have been reported since 1/9/1993. Among these, about 10658 deaths happened in
judicial custody and 1485 deaths in police custody which are due to natural causes. About 153
deaths happened in judicial custody and 158 in police custody, NHRC has recommended interim
relief, prosecution and departmental action against defaulting personnel. ‘7

Among the entire prisoners in jails in India, majority of them are under trials prisoners. About
72% of the prison population is not even convicted of any crimes. Among the convectors itself,
a large number of them are first time offenders involved in technical or minor violations of law.
It should be also noted that a majority of them are from the under privileged sections of the
society. These are the cases were these marginalized sections of the society do not have access
to law and justice and hence they remain behind the bars for the rest of their lives.

Need of prison reforms:

The necessity for prison reforms came into limelight from preceding few decades. There were
many initiatives taken by different organizations for the reforms of prisons. The Supreme Court
and High Courts have commented on the dreadful environment existing in the prisons which
resulted in the human rights breach of prisoners. ‘There were many expert committees which
studies about the prison administration. One of the most important of those committees which
worked on the problem of prison administration is done by the All India Jail reforms Committee
of 1980-83, which is popularly known as the Mulla Committee. The National and State Human
Rights Commissions have recommended for prison reforms through their annual reports.
There was a workshop conducted by Commonwealth Human Rights Initiative (CHRI), Madhya
Pradesh Human Rights Commission (MHRC) and NHRC at Bhopal in 1998 which was exclusively
for prison and prisoners issues.’8

Prisoners and prison reforms:

Prisoner’s rights have become an important aspect of the prison reforms. This is fundamentally
as of the acknowledgment of two significant doctrines:

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Report of National Human Rights Commission of India (13 Asia Pacific Forum Meeting -28-31july,2008)
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  ‘The prisoner is no longer regarded as an object, a ward or a ‘slave of the state’, who the
law would leave at the prison entrance and who would be condemned to civil
death’.(Prison staff problems,K.V Reddy) 9
 ‘The convicted persons go to prisons as punishment and not for punishment’ (Bhopal 98
workshop report)

‘It is been increasingly noted that a prisoner is no more considered as a citizen of the country
because he has turn into a prisoner. It is made very clear by the Supreme that a prisoner should
be given the rights which the constitution enables him, except for right to move freely or
practice a profession of his/her choice. In the same way, prison authorities don’t have any right
to give additional punishments to a prisoner without the sanction of the authorities.’10

Prisoner’s Rights:
The constitution of India entitles its citizens with many important rights like fundamental rights.
‘India is also a signatory to many International instruments of human rights. For example,
Universal declaration of human Rights, United Nations Covenant on Civil and Political Rights etc.
The UDHR states that “No one shall be subject to torture or cruel, inhuman or degrading
treatment of punishment” (Universal Declaration of Human Rights, Article 5). In the same way
UNCCPR states that “All persons deprived of their liberty shall be treated with humanity and
with respect for the inherent dignity of the human person”( United Nations International
Covenant on Civil and Political Rights, Article 10).’11 There are numerous judgments made by
Supreme Court and High Courts showing the rights of prisoners are violated. All these
judgments basically highlight the deplorable conditions prevailing in the prisons. These
judgments also talks about how the authorities failed in safeguarding the rights of prisoners by
providing them an atmosphere which is favorable to the maintenance of prisoner’s rights. It
should be noted that there is a wide spread deep-seated notion that the prisoners ought not to
have all protections and the rights that the constitution entitles them which is available for
other citizens. There are many rights which is been under discussion regarding prisoners like,
Right to live with Human Dignity, Right to Punishment as Prescribed by Law, Right to be Free of

9
Dr. Kurt Neudek,The United Nations in Imprisonment Today and Tomorrow- International Perspectives
on Prisoners’ Rights and Prison Conditions eds., Dirk van Zyl Smit and Frieder Dunkel; Kluwer Law and
TaxationPublishers, Deventer, Netherlands, 1991

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Report of National Human Rights Commission of India (13 Asia Pacific Forum Meeting -28-31 july ,2008)

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Report of National Human Rights Commission of India (13 Asia Pacific Forum Meeting -28-31 july ,2008)
Fetters or Handcuffs, Right to Communication and Information, Right to Counsel, Right to Writ
of Habeas Corpus and the Right to Air Grievances. 12(Rights of prisoners, Justice V.R Krishna Iyer)

Some of the significant troubles of the prison and prison related issues which have a huge
bearing in prisoners’ rights are following:

 Overcrowding
 Under trials and Legal aid
 Health care and Medical Facilities
 Gender Issues (women prisoners)
 Classification of prisoners (Under trials, First timers, casual prisoners)

Steps taken by NHRC regarding Prisoners:

‘In October, 2007, the chairperson of NHRC sent a mail to all the Chief Ministers of states and
Union Territories of the country highlighting the need of transformation of jails.’13 This letter
also requested the Chief Justices of all High Courts to take initiatives for immediate trial and
getting the reply for the same.

‘National Human Rights Commission has been able to take major steps to reduce custodial
violence death, rape and torture. There has been a significant reduction in the number of
custodial violence.’14 According to NHRC, since the issue of instructions which was sent to the
Chief Secretaries of all States on 14th December, there has been a considerable reduction in the
number of custodial violence.

NHRC has always addressed the situations existing in the jails in our nation. The special team of
NHRC conducts organized visits o a number of jails as they were getting complaints regarding
mismanagement and custodial deaths.

‘NHRC has recommended the Government of Maharashtra the names of people of recognized
integrity and obligation for selection as jail visitors, with respect to the orders of Bombay High
Court.’15

12
Rights of Prisoners, Justice V.R. Krishna Iyer (Sunil Batra Vs. Delhi Administration., 1978)
13
National Human Rights Commission, Annual Report 1997-98
14
National Human Rights Commission, Annual Report 1997-98
15
National Human Rights Commission, Annual Report 1997-98
NHRC works on setting strategy by way of a observation to provide much improved protection
of the human rights of persons who are under custody.

NHRC has done major studies on health conditions of prisoners. ‘Due to the increased number
of custodial deaths in prisons, the commission started asking for explanations from each States.
Due to the adequacy of medical staff in the prison, the mandatory on prison staff to conduct a
medical test on every prisoner before admitting to jails are not conducted with the required
seriousness. NHRC recommended for periodical medical checkup in prisons especially to curb
communicable diseases.’16NHRC has recommended looking upon to improve the prisoners’
situations since the view point of the human rights which is explained on the concept of prison
administration.

Conclusion:
When the National Human Rights Commission was set up, during its initial period, there was
dense smoke of suspicion regarding the status of the organizations as it is a government
institution. However, after these many years, the institute has able to establish its integrity and
commitments. With regard to prisoners, the committee was able to bring many reforms and
acts. Though many of them are successfully implemented and has helped many prisoners to
lead a life of dignity, on the other hand many of the laws couldn’t help the needy either due to
the issues with respect to implementation or due to the loopholes in the law. The marginalized
and backward class of the society, who contributes to a major share of prisoners in our jails for
some reasons, should be helped to great extent that the notion of justice become a reality for
all the citizens of the country without taking into consideration of their sex, religion, region,
caste, class etc. when we take into India’s diversity and the complexities within along with the
huge population and vast area, it is very hard to curb violence and also the redress of
complaints is still a major headache for the commission. The commission should engage itself
in active participation regarding prisoners’ rights and prison reforms and make justice
accessible to all citizens of this country.

16
National Human Rights Commission, Annual Report 1997-98
References:

 Charles Shobraj vs. Superintendent, Tihar Jail, AIR 1978, SC 1514

 Governemnt of India, Ministry of law, The Prisoners act,1894 (Act IX of 1894)
 Jon Vagg. Prison System- A Comparative Study of Accountability in England, France, Germany
and the Netherlands, Clarenden Press, Oxford 1994
 Justice A N Mulla Committee. The All India Committee on jail Reforms (1980—83) under the
Chairmanship of Justice A. N. Mulla. Avialble online at
http://www.humanrightsinitiative.org/publications/prisons/prison_visiting_system.pdf Accessed
on 12 Mar 2010
 Justice V R Iyer Krishna. Rights of Prisoners. (1978). Sunil Batra vs Delhi Administration.(Page
148-161)
 Report of National Human Rights Commission of India (13 Asia Pacific
 Forum Meeting -28-31 july ,2008)
 http://nhrc.nic.in/documents/LibDoc/Prisons_Prisoners_A.pdf
 http://www.hrln.org/hrln/prisoners-rights/the-initiative.html
 http://www.hrln.org/hrln/prisoners-rights/reports.html
 http://www.hrln.org/hrln/images/stories/pdf/Prisons_act1894.pdf
 http://nhrc.nic.in/nhrc.htm
 http://www.humanrightsinitiative.org/index.php?option=com_content&id=109&Itemid
=122
 http://www.pucl.org/from-archives/81nov/jails.htm
 http://apccaindia2013.gov.in/aboutprision2011.pdf
 http://indiankanoon.org/doc/626516/
 http://lawcommissionofindia.nic.in/
 http://mha.nic.in/uniquepage.asp?Id_Pk=293
 http://www.mha.nic.in
 http://www.indiacode.nic.in
 Constitution of India
 http://www.indiankanoon.org/search/?formInput=Constitution%20of%20India&pagenum=2
 http://www.indiankanoon.org/doc/237570