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Rights of prisoners

RIGHTS OF PRISONER

Who is a Prisoner ?

A prisoner is a person duly committed to custody under the writ warrant or order of any court or authority exercising criminal jurisdiction or court martial

Or

Under sentence of court or court martial. 

In simple words a prisoner is a person who is detained or in legal custody.

Types of prisoners

Under trial prisoner:

Under trial prisoner is a prisoner who is in legal custody and whose court case is pending or who has not been convicted by the court.

Convicted prisoner:

Convicted prisoner is person who is under sentence of court

Every prisoner has right to proper quality and quantity of food and water convicted and under trial prisoners have different quantity diet It is up to 2300-2600 calorie diet. Convicted prisoner who has rigorous imprisonment has extra protein diet. The Prisoners who are suffering from diseases like HIV, TB, etc. should be given High protein diet in their daily meal. Prisoners who are physically weak, sick, ill, etc. can make application to the jail authority for extra protein diet like egg, chicken, banana, milk, etc. and after verifying the same the jail authority provides them high protein diet. Every prisoner has right to have neat and clean cell and proper bedding to sleep. Under trial prisoners has a right to maintain himself and purchase or receive from private sources at proper hours food, clothing, bedding or other necessities subject to examination.

Prisoners has a right to receive money order of up to Rs.5000/- from their blood relatives. Only those Prisoners who has been convicted for rigorous imprisonment are given hard labor work and under trial prisoners and prisoners who has been sentenced for simple imprisonment cannot be directed for hard labor or any work during their conviction period. If the under trial or prisoners who are sentenced to simple imprisonment, if they desire to do any work which they have specialized skills then they should be given work as per their skills. It is right of prisoners to have a rightful wage for hard work done by him/her.

It is right of prisoners to get initial treatment of any injury or health related issue, disease in a prison, if the injury/disease cannot be cured in prison hospital then he/she should be admitted to any government or private hospital as per the direction of the court or jail authority. There are two doctors present during day and night to look after the prisoner’s health and examine them.

If a prisoner is unable to afford advocate/ council due to his/ her financial situation, then it is governments responsibility to provide them advocate/counsel through state legal aid committee. As per the latin maxim “Audi Alteram partem” the principle of natural justice, which means hear the other side or both the side should be heard.

It is a right of under trial prisoner to be present in court for each hearing .Regular production of under trial prisoners in the court on the dates of hearing, it is statutory obligation on jail authority to produce under trial prisoners on every date of hearing before the court. Such production gives an opportunity to the prisoners to bring to the notice of the court if he has any ill treatment

or any difficulty during the period of remand or judicial custody.

Prisoners have right to meet their relatives, friends and their advocate/counsel. Under trial prisoners has right to meet their relatives and friend once in every week and also have right to communicate with his or her advocate/ counsel without the presence of any other person while convicted prisoners can meet their relatives and friends twice in every month as the directions of the jail authority.

-Adv. Rahul kamlakar varde 

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