Jail Visit Report
INTRODUCTION:
Custody, care and treatment are the, three main functions of a modern prison organization. For over 100 years, there was emphasis on custody which, it was believed, depended on good order and discipline. The notion of prison discipline was to make imprisonment deterrent. Gradually, the objective of imprisonment changed from mere deterrence to deterrence and reformation.
Crime is the outcome of a diseased mind and jail must have an environment of hospital for treatment and care.
- Mahatma Gandhi
A prison, jail or correctional facility is a place in which individuals are physically confined or detained and usually deprived of a range of personal freedom. These institutions are an integral part of the criminal …show more content…
Article 22(4) to (7) provides for special safeguards to detenues detained under preventive laws.
Article 39-A provides for free legal aid services to be established by the State.
Judicial Contribution:
The need for prison reforms has come into focus during the last three to four decades. The Supreme Court and the High Courts have commented upon the deplorable conditions prevailing inside the prisons, resulting in violation of prisoner‟s rights. Prisoners‟ rights have become an important item in the agenda for prison reforms.
The Indian Supreme Court has been active in responding to human right violations in Indian jails and has, in the process, recognised a number of rights of prisoners by interpreting Articles 21, 19, 22, 32, 37 and 39A of the Constitution in a positive and humane way. Given the Supreme Courts‟ overarching authority, these newly recognised rights are also binding on the State under Article 141 of the Constitution of India which provides that the Law declared by the Supreme Court shall be binding on all courts within the territory of India.
Rights of the prisoners have been expressed under the Indian Constitution as well as Indian laws governing prisons. The Supreme Court and High Court rulings have played a crucial role in enumerating the rights of prisoners.
A land mark judgement by Justice V.R. Krishna Iyer enumerated basic human rights of the