Prisoner: Human behind the Bars- Highlight from the Pandemic

  • Priyangi Mohi
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  • Priyangi Mohi

    Student at Nirma University, India

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Abstract

The COVID-19 pandemic is one of the most difficult challenge faced by the global community in recent times. Indian prisons have been massively effected due to the widespread of the virus. Slow mechanism of judiciary, continued lack of foresight and other reasons have not only led to mass outbreak of the virus but also made complete mockery of the objective of social distancing. It is crucial to scrutinize the rights of the prisoners who are locked up in prisons and remand homes when country is facing deadly second wave of corona virus to which social distancing is only the answer at this very moment. The paper would deal with the legal framework and interpretation of laws through judicial decision for the health care, medical facilities in the detention centers and remand homes. The eligible prisoners have the right to get interim reliefs and parole for their safety and also for clearing congestion in the prisons. The paper would scrutinize the rights available to prisoners during pandemic under municipal law, international law and rights that have been developed through judicial decisions. The paper would look at the condition of prisoners and how they have been intentionally ignored by the authorities. However Supreme Court came up with the guideline for the protection of prisoners but lower courts and prison authorities have failed to fulfil the objective in true sense which has resulted into massive outbreak of COVID-19 in prison and as consequence infections and death of the prisoners have increased. The main aim of the paper is to give an insight regarding prisoners that they are only humans behind bars and they should be treated in the same manner like rest of the population.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 4, Issue 3, Page 3880 - 3889

DOI: https://doij.org/10.10000/IJLMH.11896

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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