PRISONER'S RIGHTS: HUMAN RIGHTS PERSPECTIVE – LEGAL FRAMEWORK AND ISSUES

Every right implies correlated obligations. Prisoners have limited rights shadowed by penal obligations. While imprisonment certainly restricts one‟s enjoyment of rights including liberty and freedom, the law and policies of prison aims to protect rights of prisoners even within prison. Internationally various legal instruments are passed, obligating nations to ensure protection of human rights and other important rights of prisoners. India too has legal provisions that vests various rights upon prisoners. On the other hand, laws also obligate prisoners with certain duties and responsibilities. Balancing the concerns of protection of rights of prisoners and ensuring discharge of duties of prisoners are an important aspect of prison administration. Rights can be constitutionally safeguarded fundamental rights, individual human rights, or legally acknowledged statutory rights, depending on the legal significance assigned and the type of entitlements granted. A prisoner is also entitled to enjoy rights that are protected by International Legal instruments, the Indian Constitution, and various statutes. Moreover, judicial precedents have also expanded the scope of numerous rights of prisoners. The rights of prisoners are frequently regarded as a challenging aspect of human rights, as they possess a right to a specific degree of dignity and safeguards under both national and international law, even during their incarceration. In numerous nations, legislation regarding prisoners' rights is unclear, leading to an ongoing challenge in reconciling state interests, like ensuring security in penal facilities, with personal rights, including the right to life, dignity, and freedom from torture.