The Constitutional Promise and the Prison Reality: A Critical Appraisal of Human Rights Protection in Indian Prisons
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Keywords

Prisoners’ rights, Article 21, undertrial prisoners, custodial justice, prison reforms, human rights, India

How to Cite

Vinay Attri, & Dr. Manish Yadav. (2026). The Constitutional Promise and the Prison Reality: A Critical Appraisal of Human Rights Protection in Indian Prisons. `Cadernos De Pós-Graduação Em Direito Político E Econômico, 26(1), 863–869. Retrieved from https://ceapress.org/index.php/cpgdpe/article/view/136

Abstract

The Constitution of India grants essential rights to all individuals, even to those who have been deprived of their freedom by being behind bars. Judicial interpretation, particularly under Article 21, has ruled that prisoners still retain their human rights even if they are in prison. Thus, this paper offers a critical review of the disjunction between the legal protection of rights and the actual conditions of prisons in India. The research points out the structural and institutional impediments to human rights that are recognized as effective and evaluates the policy changes that have been made recently to bring reform in the prisons. It claims that unless there are systemic implementations, independent supervision, and a shift in attitude towards correctional justice from punitive incarceration, the guarantees of the Constitution will only be dreams. The research finally comes up with recommendations for policies to eliminate the disparities between the norms established and reality in Indian prisons.

 

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