Constitutional and Judicial Dimensions of Prisoners' Right to Health in India

Ms Rama Dutt , Dr Rashmi Singh Rana

Prisoners' Rights, Health and Hygiene, Article 21, Prison Reform, Human Dignity

The right to health and hygiene of prisoners represents a critical dimension of human rights within the criminal justice system. While imprisonment curtails personal liberty, it does not divest individuals of their fundamental rights, particularly the right to life and dignity under Article 21 . This paper examines the constitutional, statutory, and judicial framework that safeguards the health and hygiene of inmates in Indian prisons. It analyses relevant fundamental rights and directive principles, highlighting how judicial interpretation has transformed prison healthcare into a justiciable entitlement. Key legislations, such as the Prisons Act, and policy documents, including the Model Prison Manual, are explored to evaluate the adequacy of existing provisions. The study also engages with landmark judgments, where the Supreme Court expanded the ambit of Article 21 to include medical treatment, nutrition, and humane conditions in prisons. Despite these developments, systemic challenges such as overcrowding, inadequate medical infrastructure, poor sanitation, malnutrition, and neglect of mental health continue to hinder the realisation of this right. Drawing upon reports of the National Human Rights Commission (NHRC) and the Law Commission of India, the paper underscores the need for comprehensive reforms. Recommendations focus on legislative updates, infrastructural improvements, gender-sensitive healthcare, and alignment with international standards such as the UN Mandela Rules and Bangkok Rules. Ensuring prisoners' right to health and hygiene is indispensable to upholding human dignity and reinforcing India's commitment to constitutionalism and justice.

Volume 12 Issue 9, September-2024

Pages : h95-h110