Shyam a prisoner was released on Parole. During his brief stay at his home he experienced the two police constables were constantly keeping a watch on him. He filed a petition in the court for violation of his fundamental rights. Q1. Which fundamental right is violated in the above case? Give reason. Q2. Explain any 4 Rights of Prisoners Q3. Suggest one suitable case law for this situation.
Answers
Answer:
1.Right to be released on the due date
.even though he released he can't be considered him as a released person because he has no freedom to move his own due to the watching over 2 police constables
2.Right to human dignity:The right to human dignity of prisoners including convicts imposes a duty of state to ensure that living conditions in every prison and allied institutions and compatible with human dignity in all respect such as accommodation, hygiene, sanitation, food, clothing, medical facilities
Right to access to law:The fundamental constitutional right of access to the courts requires prison authorities to assist inmates in the preparation and filing of meaningful legal papers by providing prisoners with adequate law libraries or adequate assistance from persons
Right against prisoner arbitrary punishment:No one shall be subjected to cruel, inhuman or degrading treatment or punishments. #Everyone has the right to liberty and security of person. No one shall be subject to arbitrary arrest or detention
Right to be released on due date: prisoner must on released on their date without lag
3.human right consideration:
sentence of imprisonment constitutes only a deprivation of the basic right to liberty. It does not entail the restriction of other human rights, with the exception of those which are naturally restricted by the very fact of being in prison. Prison reform is necessary to ensure that this principle is respected, the human rights of prisoners protected and their prospects for social reintegration increased, in compliance with relevant international standards and norms.