Prisoners have basic legal rights that can't be taken away from them.[1]The basic rights include right to food and water, right to have an attorney to defend himself, protection from torture, violence and racial harassment. Section 1 of the Prison Security Act1992, defines the term prisoner.

1. 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.

2. A prisoner also known as an inmate is anyone who against their will is deprived of liberty.

3. This liberty can be deprived by forceful restrain or confinement.

4. Prisoners rights deal with the rights of the inmates while behind bars.

The charter of the United Nations was signed on 26 June 1945, in San Francisco, at the conclusion of the United Nations conference on international organization, and came into force on October 24 1945.

Basic Principles For The Treatment of Prisoners:

1. Prisoners shall be treated with inherent dignity and valued as human beings.

2. No discrimination on the grounds of race ,sex, colour, language, religion, political, national, social origin, property, birth, or other status.
3. Respect the religious beliefs and cultural precepts of the group to which the prisoners belong.
4. The responsibility of the prisons for the custody of the prisoners and for the protection of the society against crime and its fundamental responsibilities for promoting the well-being and development of all members of the society.
5. All prisoners shall retain the human rights and fundamental freedoms set out in UDHR, ICESCR, ICCPR and the optional protocol as well as such other rights as are set out in other United Nations covenants.
6. Right of the prisoners to take part in cultural activities and education aimed at the full development of the human personality.
7. Abolition of solitary confinement as a punishment, or to the restriction of its use, should be undertaken or encouraged.
8. Prisoners to undertake meaningful remunerated employment which will facilitate their reintegration into the country#s labour market and permit them to contribute to their own financial support and to that of their families.
9. Access to health services without discrimination on the grounds of their legal situation.
10. With the participation and help of the community and social institutions and with regard to the interest of victims, favourable conditions shall be created for the reintegration of the ex-prisoner into society.

The above principles shall be applied impartially.

The Hon'ble Supreme Court in the case of T.V. Vatheeswaran v. State of Tamil Nadu (1983) 2 SCC 68, held that fundamental rights under Articles 14, 19 and 21 of the Constitution of India are available to the prisoners as well as freemen.

Enactments And Rules:

1. The Transfer of Prisoners Act, 1950:
This act was enacted for the transfer of prisoners from one state to another for rehabilitation or vocational training and from over-populated jails to less congested jails within the state.

2. The Prisoners (Attendance in Courts) ACT, 1955:
This Act contains provisions authorizing the removal of prisoners to a civil or criminal court for giving evidence or for answering to the charge of an offence.

3. The Prisons Act, 1894:

This act is the first legislation regarding prison regulation in India. The following are some of the important provisions regarding prisoner's rights

a. Accommodation and sanitary conditions for prisoners.
b. Provisions relating to mental and physical state of prisoners.
c. Examination of prisoners by qualified medical officer.
d. Separation of prisoners for male, female, criminal, civil, convicted and under trial prisoners.
e. Provisions for treatment of under trials, civil prisoners, parole and temporary release of prisoners.

4. The Prisoners Act, 1990:
1. It is the duty of the government for the removal of any prisoner detained under any order or sentence of any court, which is of unsound mind to a lunatic asylum and other place where he will be given proper treatment.
2. Any court which is a high court may in case in which it has recommended to government the granting of a free pardon to any prisoner, permit him to be at liberty on his own cognizance.

Case Laws:

Sunil Batra v. Delhi Administration
The court held that the fact that a person is legally in prison does not prevent the use of Habeas Corpus to protect his other inherent rights.

Facts:

The petitioner in Sunil Batra v Delhi Administration, currently facing a death sentence, communicated via a letter to one of the Judges of this Court, alleging the torture inflicted by a prison warder upon another inmate. The purported aim of this torture was to extort money from the victim through his visiting relatives. Subsequently, the content of the letter was transformed into a habeas corpus proceeding by the Court.

Issues

• Whether the Supreme Court in Sunil Batra vs Delhi Administration have the jurisdiction to entertain the petition of a convict.
• Whether the fundamental rights under Articles 14,19,21 were enjoyable by the convict.
• Whether Section 30(2) and Section 56 of the Prison Act, 1894, violative of Article 14,21 of the Constitution of India.
• Questions relating to amendment and reforms were raised about the future of the Prison Act,1894

Judgement in Sunil Batra vs Delhi Administration

The bench in Sunil Batra v Delhi Administration of the Apex Court, comprised of Judges Krishnaiyer, V.R., Chandrachud, Y.V., Fazalali, Syed Murtaza, Shingal, P.N. and Desai, D.A., delivered the following judgment:

The Court in Sunil Batra vs Delhi Administration affirmed its authority under Articles 32 and 226 of the Constitution to address cases where fundamental rights are violated. It clarified that prisoners retain the right to approach the Court if their fundamental rights, even after conviction, are infringed upon.

The Court acknowledged that Section 30(2) of the Prison Act does grant the jail authorities the ability to subject prisoners to solitary confinement. Still, it emphasised that this does not grant permission to subject inmates to torture.

Rule of Law

The Supreme Court, operating under the Constitution, possesses the ultimate authority to safeguard fundamental rights, extending this protection to all citizens, including prisoners. Articles 19 (Freedom), 20 (Protection against conviction for an act, not an offence) and 21 (Protection of life and personal liberty) are universally applicable to all individuals.