Abstract

There is gross violation of human rights is going on in Indian prison, with seeing such condition
of prison this article shows the poor condition of, inmates, and failure in providing facility on the
part of the prison authority. This article will deeply study the fact and numbers which shows the
health of prisoner, from the data available on the NCRB. The diseases which mainly affect the
prisoner inside the prison are both mental and physical like HIV, Hepatitis B and C, mental health,
and overcrowding, suicide. Overcrowding is one of the contributing keys which led to multiple
problems in the prison. Article will deeply study the facts and data because of which the prisoners
are getting affected with these harmful diseases, and article will provide the reason that why
prisoner have greater chances of getting affected from the mental health than general people.
Question should be asked to government authority that, why prison authority is still providing such
a condition where human right violation is so rampant. This article suggests some
recommendations which should be adopted by government while implementing the laws. Article
will examine the crucial factor which led to problems related to mental or physical health like one
of the most prominent factors is under trial prisoner which is total 67% of the prison population as
said by SC. India is signatory of UDHR, ICCPR and its own constitution and Prisoners Act 1984
which bounds the India to protect human rights of its prisoner, proper implementation of this will
protect the human rights of the prisoner. No new laws are going to change the situation instead
proper implementation of existing legislation will bring the better result.

Keywords: Healthcare, tuberculosis, HIV, NCRB, UDHR, Overcrowding, Human Rights, Mental
Healthcare.
1. Introduction

Mahatma Gandhi

"What should our jails be like in free India? All criminals should be treated as patients and the jails
should be hospitals admitting this class of patients for treatment and cure. No one commits crime
for the fun of it. It is a sign of a diseased mind. The causes of a particular disease should be
investigated and removed. They need not have palatial buildings when their jails become hospitals.
No country can afford that, much less can a poor country like India. But the outlook of the jail staff
should be that of physicians and nurses in a hospital. The prisoners should feel that the officials
are their friends. They are there to help them regain their mental health and not to harass them in
any way. The popular governments have to issue necessary orders, but meanwhile the jail staff can
do not a little to humanize their administration.” 1

Who is Prisoner?

‘‘a prisoner is a person who is kept in a prison as a punishment for a crime that they have
committed’’.2

The term prisoner has not been defined under the prisoner act 1894 but the act itself classified the
prisoner into two categories: -

According to section 3(2) of the Prisons Act 1894

‘‘criminal prisoner’’ means any prisoner duly committed to custody under the writ warrant or
order by any court or authority exercising criminal jurisdiction, or by order of a court martial.3

According to section 3(4) of Prisons Act 1894

‘Any prisoner who is not a criminal prisoner’.4

1
Harijan, 2-11-47, pp. 395-96
2
‘Prisoner Definition’(10December,2019,4:30PM.) http://www.collinsdiictionary.com/dictioanry/english/prisoner
3
Prisons Act, 1894, Section 3(2).
4
Prisons Act, 1894, Section 3(4).
The word ‘prisoner’ means any person who is kept under custody in jail or prison because he/she
committed an act prohibited by law of the land. A prisoner also known as an inmate is anyone who
against their will is deprived of liberty. This liberty can be deprived by financial restraint or
confinement.5

2. Right of prisoners under various international instruments

2.1. Universal Declaration of Human Rights (UDHR)

Article 1

All human beings are born free and equal in dignity and rights. They are endowed with reason and
conscience and should act towards one another in a spirit of brotherhood.6

Article 2

Everyone is entitled to all the rights and freedoms set forth in this declaration, without distinction
of any kind, such as race, color, sex, language, religion, political or other opinion, national or social
origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the
political, jurisdictional or international status of a country or territory to which a person belongs,
whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.7

Article 3

Everyone has a right to life, liberty and security of person.8

Article 5

No one shall be subjected to torture or to cruel, inhuman degrading treatment or punishment.9

2.2. International Covenant on Civil and Political Rights (ICCPR)

Article 6 (1)

5
Jayram Swathi, Right of Prisoners, Legal Service of India 2019.
6
Universal Declaration of Human Rights, art 1.
7
Id, art 2.
8
Id, art 3.
9
Id, art 5.
Every human being has inherent right to life. This right shall be protected by law. No one shall be
arbitrarily deprived of his life.10

Article 7

No one shall be subject to torture or cruel, inhuman or degrading treatment or punishment. In

Article 10

1. All people deprived of their liberty shall be treated with humanity and with respect for the
inherent dignity of the human person.

2 (a) accused person shall, save in exceptional circumstances, be segregated from convicted
persons and shall be subject to separate treatment appropriate to their status as unconvicted
persons;

(b) Accused juvenile persons shall be separated from adults and brought as speedily as possible
for adjudication.

3. The penitentiary system shall comprise treatment of prisoners the essential aim of which shall
be their reformation and social rehabilitation. Juvenile offenders shall be segregated from adults
and be accorded treatment appropriate to their age and legal status.12

2.3. The united nation standard minimum rules for the treatment of prisoner

The united nation standard minimum rules for the treatment of prisoner contain so many rules
regarding the right of treatment of prisoners but we can only provide some of them which are most
important, and they are as follows;

1. Provisions relating to the separation of categories of prisoners.13

10
International covenant on Civil and Political Rights (ICCPR), art 6(1).
11
Id,art 7.
12
Id, art 10.
13
The united nation standard minimum rules for the treatment of prisoners. Rule 8.
2. Provisions relating to the accommodation.14

3. Provision relating to the food.15

4. Provision related to exercise and sport.16

5. Provision relating to the medical service.17

6. Provisions relating to the information and complaint by prisoners.18

Other than these rules the united nation standard minimum rules for the treatment of prisoners also
made rules regarding the treatment of prisoners under sentence insane and mentally abnormal
prisoners in a detailed manner.

3. Rights of prisoners under national instruments

3.1. The constitution of India

‘Article 14 of the Indian Constitution of India says that state shall not deny to any person equality
before the law or the equal protection of laws within the territory of India. Thus article 14
contemplate that like should be treated alike; it has also provided the concept of reasonable
classification. This article is very useful guide and bases for the prison authorities to determine
various categories of prisoners and their classification with the object of reformation’.19

Article 19 of the constitution of India provides total six freedoms to all the citizen of India. But
among these six freedoms some of the freedom including right to move freely throughout the
territory of India a right to practice profession can’t be enjoyed by the prisoners or convict person.20

Article 21 of the Constitution of India says that no person shall be deprived of his life or personal
liberty except according to the procedure established by the law. This article lays down two
concepts, one is right to life and another is personal liberty. Article 21 clearly states that it is

14
Id, Rule 9 to 14.
15
Id, Rule 20.
16
Id, Rule 21.
17
Id, Rule 22 to 26.
18
Id, Rule 35 and 36.
19
Constitution of India, art14.
20
Constitution of India, art 19.
available to all person including prisoners, so it’s the duty of state to look after life of every
prisoners.21

3.2. Rights of prisoners under the Prison Act 1894

Prisoner act 1984 is the first legislation regarding prisoners in India. In 2016 amendment has been
made to the prisoner act 1894. It was passed in the parliament for the welfare of the prisoner.

Section 4 of Prison Act 1894

Accommodation of Prisoners. The state government shall provide, for the prisoners in the
territories under such government, accommodation in prisons constructed and regulated in such
manner as to comply with the requisitions of this act in respect of the separation of prisoners.22

Section 7 of Prisoner Act 1894

Temporary accommodation for Prisoners. Whenever it appears to the inspector general that
the number of prisoners in any prison is greater than can conveniently or safely be kept therein,
and it is not convenient to transfer the excess number to some other prison,

Or whenever from the outbreak of epidemic disease within any prison, or for any other reason, it
is desirable to provide for the temporary shelter and safe custody of any prisoners,

Provision shall be made, by such officer and in such manner as the state government may direct,
for the shelter and safe custody in temporary prisons of many of the prisoners as cannot be
conveniently or safely kept in prison.23

Section 24(2) of the Prison Act 1894

Prisoners to be examined on admission (1) whenever a prisoner is admitted into prison, he shall
be searched, and all weapons and prohibited articles shall be taken from him.

(2) Every criminal person shall also, as soon as possible after admission, be examined under the
general or special orders of the medical officer, who shall enter or cause to be entered in a book,

21
Constitution of India, art 21.
22
Prisons Act, 1894, sec 4.
23
Id, sec 7
to be kept by the jailer, a record of the state of the prisoner’s health, and of any wounds or marks
on his person, the class of labour he is fit for if sentenced to rigorous imprisonment, and any
observation which the medical officer thinks fit to add.

(3) In case of female prisoner, the search and examination shall be carried out by the matron under
the general or special order of the medical officer.24

Section 27 of the Prisons Act 1894

Separation of prisoners the requisition of this act with respect to the separation of prisoners as
follow: -

(1) in a person containing female as well as male prisoners, the female shall be imprisoned in
separate buildings, or separate parts of the same building, in such manner as to prevent their seeing,
or conversing or holding any intercourse with, the male prisoners;

(2) in a prison where a male prison under the age of (twenty- one) are confined, means shall be
provided for separating them altogether from the other prisoners and for separating those of them
who have arrived at the age of puberty from those who have not;

(3) Unconvicted criminal prisoners shall be kept apart from convicted criminal prisoners; and

(4) Civil prisoners shall be kept apart from criminal prisoners.25

Section 37 of the Prisons Act 1894

Sick prisoners. (1) The names of prisoners desiring to see the medical subordinate or appearing
out of health in mind or body shall, without delay, be reported by the officer in immediate charge
of such prisoner to the jailer.

(2) The jailer shall without delay, call the attention of the medical subordinate to any prisoners
desiring to see him, or who is ill, or whose state of mind or body appears to require attention, and

24
Id, sec 24(2)
25
Id, sec 27
shall carry into effect all written directions given by the medical officer or medical subordinate
respecting alterations of the discipline or treatment of any such prisoner.26

Section 38 of the Prisons Act 1894

Record of direction of medical officers. All direction given by medical officer or medical
subordinate in relation to any prisoner, with the exception of orders for the supply of medicines or
directions relating to such matters as are carried into effect by the medical officer himself or under
his superintendence, shall be entered day by day in the prisoner’s history – ticket or in such other
record as the state government may be rule direct, and the jailer shall make an entry in its proper
place stating in respect of each direction the fact of its having been or not having been complied
with, accompanied by such observation, if any, as the jailer thinks fit to make, and the date of the
entry.27

Section 39 of the Prisons Act 1894. In every prison a hospital or proper place for the reception of
sick prisoners shall be provided.28

Following sections has been added to the prisoner act 1894 after 2016 amendment.

‘‘Section 26A (1) In the case of pregnant prisoner, her diet and work allocation shall be determined
as per medical advice.

(2) A pregnant prisoner shall be entitled to grant of conditional parole for thirty days from the
expected date of delivery or thirty days from the date of delivery if the delivery takes place while
she is in prison.’’29

‘‘Section 39A. The jail authorities shall be responsible to ensure basic hygiene in the jail premises
and precincts of a prison by putting the prisoners on the job of maintaining hygiene and in the
absence or unavailability of prisoners, by appointing temporary workers in such manner as may
be prescribed.’’30

26
Id, sec37
27
Id, sec 38.
28
Id, sec 39.
29
Id, sec 26A.
30
Id, sec 39A.
Section 58E. The state government shall provide skill training including computer classes,
tailoring, carpentry, cooking, gardening, and language classes, in such a manner as may be
prescribed, to the prisoner.31

Section 58F. (1) The officers of a prison shall conduct workshops and seminars on such subjects
as would be helpful for rehabilitation of and for educating the prisoners.

(2) The officers of a prison shall ensure active participation of prisoners in attending such
workshops and seminars.32

4. Prisoner and communicable disease

People in the jails are having higher chances of getting affected by dangerous diseases like HIV,
Tuberculosis, Hepatitis B and Hepatitis C and other diseases.

4.1. Overcrowding

India is the second most populated country in the world with over 130 billion people. Indian jails
are overcrowded due to high number of prisoners and lack of facilities like drinking water,
sanitation, proper food, building structure (one of the main reasons).

The issue of overcrowding in Indian prisons is not being taken seriously by either jail authority or
central government. Overcrowding in jails and having prisoners in over its capacity is considered
as a violation of human rights. Unrestrained overcrowding and bad sanitary conditions provide a
home for infections and skin disease.33 Even Supreme court said that ‘‘prisoners cannot be kept in
jail like animals’’. There are 67% undertrial prisoners in Indian jails.34 It’s a universal right given
by our constitution to us that no one can be presumed as criminal unless and until they are proven,
as per the UDHR.35 Overcrowding makes prison environment unhealthy and it works as a center

31
Id, sec 58E.
32
Id, sec 58F.
33
Kuruvila M, Shaikh M, Kumar P. Pattern of dermatoses among inmates of district prison- Mangalore. Indian J
Dermatol Venereol Leprol 2002; 68:16-8
34
PTA, “SC concerned about ‘overcrowded’ Indian jails; 67% prisoners are undertrial” The Week, December 04,
2018.
35
Universal Declaration of Human Rights, art 6.
 36
of origin for infectious disease. Overcrowding decreases the psychological wellbeing of
prisoners.37

The capacity of Tihar Jail is 6,500 and number of persons lodged in this is 14,300 out of them 75%
are under trial.38

4.2.TB

Jails work as a pool for TB,39 whenever lawyer, social worker,40 family member, reporter visit the
jails they also have very high chance of getting infected with TB because TB is airborne disease.
This disease can be spread mainly at unhygienic and overcrowded place. Poor and less nutritious
food, poor ventilation, lack of health care facilities41 will contribute to this disease.42 The
prevalence of TB in prison is 100 times higher than civil population.43 Most of the prisoners come
from the poor family background. They are uneducated, and unaware44 of these kinds of diseases
and even after knowing all these they can`t take the precautionary measures that an individual can
take by themselves like taking care of himself/ herself in provided situation. They usually have
some addiction like alcoholism, smoking, drug abuses, before coming to the jail which is also
responsible for cause of many diseases.45

4.3.HIV

36
PTI,”Overcrowding prisons a violation of human rights, says Supreme Court” The Hindu, May 13, 2018.
37
Om Prakash,NeeluSharma,Amool Ranjan Singh,Kaptan Singh Sanger. Effect of Incarceration on Well Being of
Prisoners: A Study among Convicted and Undertrials. The International Journal of Indian Psychology.2015.
38
Ankur Vyas, Tihar Jail exceeds capacity by 221%, (4 th January,2020, 2:40PM), https://inshorts.com/en/news/tihar-
jail-strength-exceeds-capacity-by-221-1455117649870.
39
Tuberculosis in prisons,(4th January,2020, 2:50 PM),https://www.who.int/tb/areas-of-work/population-
groups/prisons-facts/en/.
40
Oscar O. Simooya, Infections in Prison in Low and Middle Income Countries: Prevalence and Prevention
Strategies,The Open Infectious Diseases Journal, 33, 2010, 4,.
41
BanuruMuralidhara Prasad, Badri Thapa, Sarabjit Singh Chadha , Anand Das Entoor, Ramachandra BabuSubrat,
Mohanty Sripriya, Pandurangan,JamhoihTonsing,Status of Tuberculosis services in Indian Prisons,International
Journal of Infectious Diseases117 Volume656, March 2017,
42
Supra 38
43
Supra 37
44
Dr.Deepti Shrivastava,PROBLEM OF TUBERCULOSIS IN INDIAN PRISONS,The Indian Police Journal 39
Vol. LIV No. 4, October-December 2007,
45
Dr. Sadiq Shareen , Praveen Razda, Imprisonment and health: issue and concern,121 International journal of
advance research in management and social science 2014,Volume 3,Issue 9.
Unsafe sex,46 sharing needles for drug, weak nutrition is one of the main reasons for higher rates
of HIV47 among Indian prisoners. People in the jail often have unprotected sex, because they don’t
have access to protection. Unprotected sex in Indian jails can either be consensual or coercive in
nature.48 Most of the HIV positive people in the jails found to be drug addicted, as they live in jail
and cannot afford to go out and buy a fresh needle, neither live without drugs, so they use the used
needle to keep them calm. These cases can mostly be seen in Delhi where under aged, accused of
crime either criminal have access to drugs and syringes in their early age and when they are in jail
they cannot live without drugs, they found a way to access to drugs in prison as well through
guards, their family members.

4.4. Hepatitis B and C

Hepatitis B and C both are diseases caused by a virus which attacks to the human liver.49 As we
know that the Indian jails are overcrowded and not clean, hepatitis B and C can be spread through
bodily fluid of a human being.50 Bodily fluid includes semen, breast milk, urine, vaginal fluid.51If
one man in the jail is suffering from hepatitis B or C and have intercourse with another then there
will be a chance that another prisoner gets affected by hepatitis B and C. Transmission of virus
occurs due to infected blood, through shared needles, from mother to child.It is very easy for
prisoners to get affected by hepatitis B and C as they are drug users and use the previously used
syringed.52

4.5. Mental health, Suicide and drug

46
Babak Moazen, Sahar Saeedi Moghaddam, Marisa A Silbernagl, Masoud Lotfizadeh, Rebecca J Bosworth, Zahra
Alammehrjerdi, Stuart A Kinner, Andrea L Wirtz, Till W Bärnighausen, Heino J Stöver, Kate A Dolan, Prevalence
of Drug Injection, Sexual Activity, Tattooing, and Piercing Among Prison Inmates, Epidemiologic Reviews, 58
Volume 40, Issue 1, 2018,
47
Menaka Rao,” Unsafe sex and drug use in India’s prisons is leading to high HIV rates” Scroll.in (6
January,2019,3:30 PM).https://scroll.in/pulse/865861/high-levels-of-hiv-hepatitis-c-and-tb-found-among-prison-
inmates-in-india
48
Lorraine Atkinson, Let’s talk about prisoner rape and sex behind bars, Open Democracy( 8 January, 3:30 PM),
https://www.opendemocracy.net/en/shine-a-light/let-s-talk-about-prisoner-rape-and-sex-behind-bars/.
49
Hepatites B and C, U.S. Food andDrug, (8 January 4:30 PM),https://www.fda.gov/patients/get-illnesscondition-
information/hepatitis-b-c
50
Erica Roth and Josh Robbins,Busting HIV Transmission Myths,Healthline,(8 January, 4:45 PM),
https://www.healthline.com/health/hiv-aids/transmission-myths#anatomy-of-transmission.
51
COMMON BODILY FLUIDS – WHAT MAKES THE LIST? Aftermath (9 January, 6:30
AM),https://www.aftermath.com/content/list-of-bodily-fluids/
52
Supra 46.
According to Mental Healthcare Act (MHA) 2017, a ‘‘a prisoner with mental illness’’ means a
person with mental illness who is and undertrial or has been convicted of any offence and detained
in a prison.53

India is the second largest populated country in the world with nearly 1.83 billion people with
only nearly 5000 psychiatrists catering for this significant population. According to 2013 statistics,
more than 400, 000 individuals were lodged in Indian prisons. Suicide and self-harm behavior are
another major concern in prisons. In a 10- year retrospective study by Bardale and Dixit, they
observed that of 179 autopsies performed; nearly 14 cases were suicide by prisoners. 71.42% of
them were in lock- ups while 28.57% were in prison.54

In a study of Ayirolimeethalet al., men were suffering more from psychiatric disorders than women
and only 4% (men) had moderate- to- high risk of suicide whereas women were not found to be at
risk.55

One of the most widely implemented Prison reforms for enhancing mental health in inmates was
the practice of Vipassana, a mediation technique. In two major studies carried out in January 1994
and April 1994 on 120 and 150 individuals, respectively, in Tihar Jail. It was observed that the
psychiatric patients (about23% of the total inmates) showed improvement in anxiety and
depressive symptoms. 56

Prisoners residing in jail undergo with harsh policies of prison authorities and it is not possible
for them to meet their family members whenever they want, it is possible to meet their family but
for a certain number of times, they have to spend almost all of their life inside the jail (except
undertrials who are accused of minor offences) and they live in overcrowded places, they face
ignorance, lack of privacy57, insecurity about future prospect, lack of meaningful activity58
sometimes they get irritated by following the same schedule daily. Sometimes they face ignorance
and isolation, stigma, discrimination by other inmates all these subsequently brings out a stress

53
The Mental Healthcare Act, 2017(Act10 of 2017).
54
Government of India,” Prisons Statistics India” (Ministry Of Home Affairs,2016).
55
Supra 36.
56
Supra 36.
57
OVERCROWDING, Panel Reform International (8 January,5:00PM) ,https://www.penalreform.org/issues/prison-
conditions/key-facts/overcrowding/.
58
Jonathan Beynon, Natalie Drew, MENTAL HEALTH AND PRISONS, World Health Organization(5 January,
1:30PM) https://www.who.int/mental_health/policy/mh_in_prison.pdf
and frustration, and as they are residing in the jail they can’t have any family support. They lack
at psychological support inside the prison which they can have outside the prison from their family
members. All this can only be experienced by someone who lives insides the jail as a prisoner, this
is the reason why prisoner get more affected from mental disease than general people. Many
prisoners are found to be has done crimes within their family members under some exceptional
situation which automatically take them to such a situation. There are so many differences between
the policies made for the welfare of prisoners and their actual applications.

Suicide is considered to be one of the main reasons behind custodial death in India. It is the result
of widespread use of torture by the police authority that has no respect for human dignity.59
Number of mentally ill people is higher inside the prison compared to general people residing
outside the jail. Prisoners also have the chances of committing suicide even after releasing from
jail.60 Prisoner has higher chances of committing suicide than other people.61According to the data
released by the national crime record bureau in August 2016 out of 97 custodial death cases or
disappearance from police custody in 2015, 33 were attributed to suicide. As per 2018 data the
number has increased to 129.62

5. Statistics related to death and illness in prisoners

Death of a prisoner is always a serious matter of concern for prison administration. Sometimes
such deaths lead to law and order problems. Following the directions of the Supreme Court of
India in the suo moto writ petition (civil) 406/2013 the bureau reviewed the death in prison
proforma in the year 2017 and revised them accordingly.63

Deaths in jail have been broadly classified into two categories i.e. natural deaths and unnatural
deaths.

5.1. Natural death

59
Arijit Sengupta, High Number of Custodial Death: Police butchering basic human rights, News Click (5 Th
January,2:00PM) https://www.newsclick.in/high-numbers-custodial-deaths-police-butchering-basic-human-rights
60
Pratt D,ApplebyL,Piper M,Webb R, Shaw J, Suicide in recently released prisoners: a case-control
study,Pubmed(6 January,12:30PM), https://www.ncbi.nlm.nih.gov/pubmed/19719900
61
Snow, L., Paton, J., Oram, C., & Teers, R. (2002). Self-inflicted deaths during 2001: An analysis of trends. The
British Journal of Forensic Practice, 4(4), 3–17. https://doi.org/10.1108/14636646200200022
62
Government of India,” Prisons Statistics India” (Ministry Of Home Affairs,2018).
63
Supra 36.
The category natural death has been divided into deaths due to ageing and illness has been further
subcategorized into major causes/ diseases such as a)heart problems, b)lung problems, c)liver
problems, d)kidney problem, e)HIV, f)cancer g)tuberculosis (TB), h) paralysis, i)cholera/diarrhea,
j)schizophrenia with epilepsy, k)brain hemorrhage, l) intestine perforation, m)due to drugs /
alcohol withdrawal symptoms, n)others (illness other than the above).64

Out of the 1,639 Natural deaths, there were 1,559 deaths due to Illness and 80 deaths due to Ageing.
Furthermore, out of the 1,559 deaths due to illness (93 deaths due to illness not included, due to
non-availability of illness wise break from West Bengal), majority of the deaths were reported
under Heart related Ailments (411), Lung related Ailments (231), TB (103), Cancer (80), Liver
related Ailments (72), Brain Hemorrhage (59), Kidney related Ailments (58), HIV (46) and other
Ailments.65

Uttar Pradesh has reported the highest number of deaths due to natural causes (426) followed by
Madhya Pradesh (133) and Maharashtra (127) during 2018.66

5.2. Un- natural death

Unnatural death include suicide, murder by inmates, that due to assault by outside elements, death
due to firing, death due to negligence or excesses by jail personnel, etc. besides, accidental death
in side Prison has also been added under the category Unnatural deaths.67

The suicide under the category unnatural death has been further sub- categorized into the following
modes: hanging, poisoning, self- inflicted injury, drug overdose, electrocution and others.68

The murder by inmates under the category unnatural deaths has been further sub- categorized into
the following causes: firing, lynching, stabbing, fighting/quarrelling and others.69

64
Supra 62
65
Supra 62.
66
Supra 62.
67
Supra 62.
68
Supra62.
69
Supra62.
The death due to negligence and excesses under the category unnatural deaths ass been further
sub- categorized into (1) negligence by (a) jail staff (b) jail medical staff (c) police staff and (d)
outside hospital medical staff and (2) excesses (torture) by jail personnel.70

The accidental death inside prison has been further subcategorized into forces of nature (natural
calamity like earthquake, flood, etc.). And forces other than nature (a) snake bites/animal bite (b)
electrocution (c) drowning (d) accidental fall (e) burn injuries (f) road/ train accident (during
transit) (g) drugs/ alcoholic consumption and (h) others.71

Among the un-natural causes of deaths in prisons (149), Suicide (129) was the pre-dominant cause
followed by Murder by Inmates (10), Accidental Deaths (5), Others (4) and Deaths Due to Assault
by Outside Elements (1).72

Among the un-natural causes of deaths in prisons (149), Suicide (129) was the pre-dominant cause
followed by Murder by Inmates (10), Accidental Deaths (5), Others (4) and Deaths Due to Assault
by Outside Elements (1) 73

Punjab has reported the highest number of unnatural deaths (28) followed by Uttar Pradesh (17)
and Tamil Nadu & West Bengal (12 each).74

Out of 129 suicides, Punjab has reported the highest number of (27) followed by Uttar Pradesh
(13) and West Bengal (11) during 2018. One Death due to Assault by Outside Elements were
reported during 201875

5.3. Death during 2018

A total of 1,854 prisoner have died while they were in judicial custody during 2018 in the country
out of which 1639 were natural death 149 were due to un- natural causes and 57 deaths were
reported as causes not known yet (while furnishing the data). Natural deaths accounted for 88.83%

70
Supra 62.
71
Supra 62.
72
Supra62.
73
Supra62.
74
Supra62.
75
Supra62.
(1,639 out of 1,845) and Un-Natural deaths accounted for 8.08% (149 out of 1,845) of the total
deaths.76

5.4. Overcrowding in Prison

As per 2016 data the number of prison were 1412, and actual capacity of prisoner was 3, 80,876
and number of prisoner at the end of the year were 4, 33, 003. In 2017 the number of prison was
1361 and actual capacity is 3, 91, 574 and number of prisoners at the end of the year was 4, 50,
696. In 2018 number of prisons were 1339, and actual capacity of prison was 3, 96, 223 and the
number of prisoners at the end of the year was 4, 66,084. In 2018 out of 4,66,084 total 3,23,537
were undertrials.77

6. Judicial Review

Parmanand katara V. Union of India

The Supreme Court held in this case,

‘The Article 21 of the Constitution casts an obligation on the state to preserve life. The patient
whether he be an innocent person or criminal liable to punishment under the laws of society, it is
an obligation of those who are in charge of the health of the community to preserve life so that the
innocent may be protected and the guilty may be punished. Social laws do not contemplate death
by negligence to tantamount to legal punishment. Every doctor whether a government hospital or
otherwise has the professional obligation to extend his services with due expertise for protecting
life.’78

People's union of democratic rights V. Union of India

This case was focused on the importance of human dignity by saying that the right to life
guaranteed under article 21 is not confined merely to physical existence or the use of any faculty
or limb through which life is enjoyed, it also includes within its scope ambit the right to live with
basic human dignity and the state cannot deprive any one of this precious and invaluable right

76
Supra62.
77
Supra62.
78
AIR 1989 SC 2039.
without just fair and invaluable right without just, fair and reasonable procedure established by
law.79

A K Gopalan V. state of Madras

It was held that preventive detention Act 1950 was ultra vires the Constitution of India with the
exception of section 14 which is illegal and ultra vires. The validity of section 14 does not affect
the rest of the provisions in the Act. Section 12 of the act also does not conform to the provisions
of the constitutions of India and is therefore ultra-virus. It was further held that article 21 is
applicable to preventive detention and Preventive Detention Act, 1950 permits detention beyond
a period of three months and excludes the necessity of consulting an advisory board if the opening
words of clause (7) of article 22 of complied with sub clause (b) of said article is permissible. It is
not obligatory on the parliament to prescribe any maximum period.80

Maneka Gandhi V. Union of India

The apex court held that the "procedure" under article 21 had to be fair, just and reasonable, and
would have to be also tested with Article 14 (equality) and 19 (the freedoms) thereby ushering in
the era of "substantive due process. With substantive due process, Article 21 began expanding and
by incorporation, the term "personal liberty" began to include a wide variety of things such as the
right to health, the right to compensation, the right to a hearing, the right to a speedy trial and other
such rights having been pronounced by Indian courts over the years.81

Sunil Batra V. Delhi Administration

Prisoners have enforceable liberties, devalued may be but not demonetized; and under our basic
scheme, prison power must bow before judge power, if fundamental freedom are in jeopardy’,
again in Sunil Batra v. Delhi Administration (1979), the court asked and affirmed: “Are
prisoners’person? Yes, of course. To answer into negative is to convict the nation and the
constitution to dehumanization and to repudiate the world legal order, which now recognizes right
of prisoners in the international covenant on Prisoners’ right to which our country has signed

79
AIR 1982 SC 1473.
80
AIR 1950 SC 27.
81
AIR 1978 SC 597.
assent”. These and several other judicial pronouncements have set into motion a series of prison
reforms all over the country.

The prisoners shall not be subjected to physical mishandling by jail officials and they should be
given adequate medical and health facilities.82

Gurudev Singh and Ors. V. State of Himachal Pradesh

This case was focused on the miss utilization of wages that happened to the prisoners who do labor
work in the prison. After all the argument the Hon’ble court held that the labour (in prison or
outside) has full right to get the wages according to the Minimum Wages Act,1948 as notified by
the state government.83

Citizens for Democracy Vs State of Assam And Ors

The apex court held that (in the word of KULDIP SINGH J.) “We clearly declare - and it shall be
obeyed from the Inspector General of Police and Inspector General of Prisons to the escort
constable and the jail warder - that the rule, regarding a prisoner in transit between prison house
and court house, is freedom from handcuffs and the exception, under conditions of judicial
supervision we have indicated earlier, will be restraints with irons, to be justified before or after.
We mandate the judicial officer before whom the prisoner is produced to interrogate the prisoner,
as a rule, whether he has been subjected to handcuffs or other "irons" treatment and, if he has been,
the official concerned shall be asked to explain the action forthwith in the light of this judgment."84

Noorunissa Begum and Another vs District Collector, Khammam

This case was focused on the miss management of jail authority in handling the live of the prisoners
in prison and the court held that as the Superintendent of Police recommended the case of the
petitioner to Andhra Pradesh Housing Corporation and further as the officers of the Sub-Jail
requested the District Collector to place the report before the Director-General to initiate
disciplinary action against jail authorities who were responsible in not providing medical treatment
to Shaik Chand and as the wife, mother and children of Shaik Chand lost the estate, love and

82
AIR 1980 SC 1579.
83
AIR 1992 HP 70
84
AIR 1996 SC 2193
affection and dependency due to untimely death of Shaik Chand and as the first petitioner lost her
consortium at the age of 28 years due to untimely death of her husband at the age of 38 years, I am
inclined to issue writ of mandamus directing the respondents to grant a compensation of
Rs.1,50,000/- (Rupees one lakh, fifty thousand) to the petitioners. 85

Ajab Singh &Anr. vs State Of Uttar Pradesh &Ors.

This case was focused on the person who died in judicial custody due to the irresponsible behavior
of the jail authority in U.P. so, the apex court ordered that “We think that it is appropriate, in the
circumstances, to order the State of Uttar Pradesh to pay to the petitioners’ compensation for the
death of Rishipal in the sum of Rupees five lakhs within three months. The sum shall be invested
by the petitioners and the income thereof shall be so distributed that at least half is utilized for the
benefit of Rishipal's children during the period of their minority.

This direction to pay compensation shall be without prejudice to the rights of the legal
representatives of Rishipal to claim compensation in private law proceedings, if so entitled in law,
against those found responsible for his death.

We think that it is proper that the State of Uttar Pradesh should take disciplinary proceedings
against those found responsible for Rishipal's death, and order accordingly.

Rule is made absolute in the aforesaid terms.

The State of Uttar Pradesh shall pay to the petitioners the costs of the writ petitions, quantified at
Rupees ten thousand.”86

6. Recommendations

1. Doctors should visit the barracks regularly and examine the sanitary conditions as well as
patients and give proper medicine to them.

2. Patients suffering from T.B. and HIV should be separated from other inmates.

85
2001 CriLJ 3857
86
2000 ACJ 470.
3. Security should be very tight within or outside the jail premises, because it has been seen that
the mostly drugs finds a way to inside the prison through guards or when the family members came
to visit.

4. Prisoners who are mentally ill should allowed to meet their family member or friends, quite
often, so that they can get moral and emotional support from them.

5. A new hospital should be constructed with modern medical facilities. Doctors should be
available round the clock. Laboratory facilities should be available at least for routine test.

6. The number of doctors and other supporting staff should be increased as per norms given in the
Model Prison Manual.

7. Prisoner should be provided home food if possible if they are ill and suffering from mental
illness, depression etc.

8. Prisoners should not be charged for normal health related issue.

9. One of the reasons behind all this problem, healthcare and overcrowding is late justice, so speedy
justice should be provided to all, especially unconvicted.

10. Convicted and under trial should be kept separate.

11. There should not be any kind of discrimination in providing medical aid to the inmates.

12 Certain measures should be adopted, and some guidelines should be provided to the jail
authorities in order to prevent death by excess torture, negligence on the part of jail authorities,
medical staff.

13. Proper toilets should be made to prevent diseases developed from unhygienic condition.

14. One lady doctor should be appointed on a permanent basis where more than 50 female inmates
are lodged.

15. Prison is a state subject under schedule 7 of Indian constitution so, state should make laws for
the betterment of the prison in their particular state.

7.Conclusion
India is a signatory nation of UDHR and ICCPR, and in its own Constitution Article 14, Article
19, Article 21 has given some rights to the prisoners but with certain restrictions. And legislation
on prisoners, The Prisoners Act 1894. Which put restrictions on the jail authority to and
government to safeguard the rights of the prisoners and thus, the jail authorities have to follow all
the guidelines given in this convention, legislation and Indian Constitution, including the prisoners
should not be treated as inhuman and not subject to excess torture. Even Supreme Court by time
to time has provided certain rights to the prisoners by giving judgment for the betterment of the
prisoners in the famous cases. Everyone is entitled to good health be it normal man or prisoner.
And being a prisoner doesn’t mean he has no right to health. Whatsoever kind of offence prisoner
has committed be it civil or criminal he/she attains all those human rights which has been provided
to them by virtue of their human being and it also includes right to good physical and mental health.
Proper implementation of all the guidelines would lead to the good and healthy environment of
prison and healthy life of the prisoners. Criminal go to jail because they have committed crime,
they don’t go to jail to get infected with several diseases.