Author: Lubna Fakhar, Undergraduate Student at Aligarh Muslim University, Aligarh, UP, India
Introduction
The concept of equality embedded in the constitution of India covers all the sections of the society. It not only covers the normal citizens of India but also those who have been jailed due to their wrong deeds. Article 14 of the constitution of India declares that the state shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. The Indian constitution ensures that every person should be given equal opportunity in every matter, whether the person is free or he has under certain restrictions imposed by law. Equality is the essence of the Indian constitution and thus it should be manifested in every aspect so that the basic feature of the Indian constitution could be maintained and better governance can be established in the country.
Concept of Equality in the Indian Constitution
The constitution of India contains a package of rights known as Fundamental Rights. Fundamental Rights are those Rights which are very essential for the sustenance of human beings. The constitution of India contains six Fundamental Rights and Right to Equality is one of them. The right to Equality is contained in Article 14 to 18. Article 14 of the Indian Constitution provides that the state shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. This section have two qualifiers, “equality before law” and equal protection of laws”. The phrase “equality before the law” means that everyone is equal in the eyes of law or everyone is at the same footing. It also conveys the notion that the law will treat everyone equally and it will not make different rules among same people. It embodies the principle of “equality among equals”. The second phrase “equal protection of laws” means that everyone will be subjected to the same law, and it will be applicable to all placed in same circumstances.
The phrase “equal protection of law” is also applicable to those who are behind the bars. In Raghubir Singh v. State of Haryana, it was held that the rule of law imposes a duty upon the state to take special measure to prevent and punish brutality by Police methodology.
Dr. Jennings has defined the term equality in the following words- “equality before law means that among equals the law should be equal and should be equally applicable to every individual, that like should be treated alike. The right to sue and be sued, to prosecute and be prosecuted for the same kind of action should be same for all citizens of full age and understanding without any kind of discrimination of race, religion, wealth, social status or political influence.
Article 21: Package of rights for prisoners
Article 21 of the Indian constitution provides for the right to life and personal liberty to every person. It acts as an umbrella right and encompasses several other rights within its ambit. Apart from providing the basic rights to general citizens, it also talks about the prisoners’ rights. The Indian Constitution doesn’t make any difference between the normal public and prisoners while providing constitutional security. The clear manifestation of right to equality can be seen by looking at the rights or prisoners enshrined in the Indian Constitution. The Supreme Court has observed that “there could be several factors that lead a prisoner to commit an offense but nevertheless a prisoner is required to be treated as a human being entitled to all the basic human rights, human dignity and human sympathy.”
Mahatma Gandhi said that “Crime is the outcome of a diseased mind and jail must have an environment of hospital for treatment and care.” In State of A.P v. Challa Ramkrishna Reddy & Ors. the Supreme Court held that a prisoner is entitled to all his fundamental rights unless his liberty is constitutionally curtailed.
The constitutional rights of prisoners are as follows:
Right to free legal aid: Legal aid is a kind of help which is given to the prisoners. Through this a prisoner can reach out to lawyers to get his case represented. This is usually available to those prisoners who cannot afford a lawyer due to their financial stability and this aid is also available to those prisoners who are non-citizen of India. Through this aid, they get access to represent their case without paying any fee. This provision is included in Article 39A of the Indian Constitution. In Suk Das v. Union of India, the court held that failure to provide free legal aid to an accused at the state cost, unless refused by the accused, would vitiate the trial. Free legal aid at the state cost is the fundamental right of a person accused of an offence and this right is implicit in the requirement of reasonable, fair and just procedure prescribed by Article 21.
- Right against delayed execution: This right against delayed execution gives the prisoners a chance of getting their death punishment commuted to life imprisonment. A prolonged delay in the execution of a death sentence can violate this right. In T.V. Vatheeswaran v. State of Tamil Nadu the Supreme Court ruled that if there will be delay of more than 2 years in execution of a death sentence then it is enough for the prisoner to take the protection of article 21 and the death sentence would be commuted to life imprisonment.
- Right against solitary confinement: The term ‘solitary confinement’ refers to the kind of punishment in which the prisoner is kept in isolation, under strict surveillance. It is accepted that is the most rigorous and harsh punishment that one could ever get. During the period of isolation the convicted person is not allowed to talk or socialize with other co-prisoners. Solitary confinement has emotional, mental and psychological impact on the prisoner. That’s why it can be violative of article 21which talks about right to life and personal liberty. In Sunil Batra v. Delhi Administration, the court held that if solitary confinement is imposed on a prisoner due to which he is restricted to talk, mix, mingle or share a company with his prison inmates, it would violate the provision in article 21 of the constitution.
- Right against speedy trial: It is truly said that “Justice delayed is justice denied” which connotes the notion that if dispensation of justice will take time then it will be no justice.
The prisoners are entitled to the right of speedy trial. The Indian Constitution lays down the provision of speedy trial through Article 21 that the convicts who are in jail must be tried in reasonable time. In Abdul Raheem Antuley v. R.S. Nayak , the Supreme Court declared some guidelines for the speedy trial of an accused person in a criminal case. It was also held by the court that the right to speedy trial is provided to accused at all stages which are, stage of investigation, inquiry, trial, appeal, revision, and retrial.
- Right against inhuman treatment: This right ensures that no prisoner is treated with cruelty by Police. It also ensures that no prisoner is inflicted with any physical or mental torture. Kishore Singh v. State of Rajasthan, the Supreme Court held that the use of ‘third degree’ method by the police violates article 21 and directed the government to take resonable steps to educate the police so that they could a respect for human person.
- Right against handcuffing: Handcuffing means restricting someone’s movement by putting handcuffs on someone. The Indian Constitution ensures that the dignity and liberty of the human is maintained and it includes prisoners also. Article 19 talks about right to freedom of movement and it is applicable to the under trial prisoners. They are entitled to minimum freedom of movement and this cannot be restricted by putting handcuffs.
Conclusion
Hence, all these rights are not only rights but a security and assurance to the prisoners that they are safe and authorities cannot misuse their powers while dealing with them. They too deserve the humane treatment irrespective of their conviction. It can be said that the Indian Constitution grants everyone the rights which are very crucial for the survival of life. The prisoners also enjoy some rights while being behind the bars. They are also entitled to live a life freely except the restrictions imposed by law. They are treated equally in certain cases like they are entitled to inhuman treatment even while living in jails. The concept of equality embedded in the Constitution is the basic feature of the Constitution and it cannot be compromised in any case otherwise the constitution will lose its essence. The prisoners are entitled to certain rights through which they can be treated equally and they can be tried without any biasness.
