sneha jaiswal 16 May 2021

Query related to prisoner rights

Hello, Learned Counsel!

The prisoner was assaulted and bullied by the inmates and they told him not to complain otherwise they will cut his tongue. But then also, he complained to the senior prison officer but he is not much interested to help him so he again complained to the prison visitor from the Board of Visitors who are mandated to monitor prisons but he did not help him and not registered his complaint. What is the legal remedy in this case?

Please do tell what are the other remedies available to the prisoner other than this.

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Quick Summary

This discussion addresses the legal recourse available to a prisoner who has been assaulted and threatened by fellow inmates, and whose complaints to prison officials and visitors have been ignored. It highlights that prisoners retain basic human rights under the Indian Constitution and the Prisons Act, including protection from violence and the right to legal aid. The advice suggests escalating the complaint to the Inspector General of Prisoners, potentially with the District Legal Services Authority or Human Rights Commission, and notes the importance of timely grievance filing and potential transfer to another prison if danger is apprehended.

6 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 16 May 2021

You shall complain to the IG of prisioners of the state. You are posting queries in an academic interest but not your problems. You do not mention in which way you are concenred.

Sankaranarayanan (Advocate) 17 May 2021

Your query seems academic better to state the facts

G.L.N. Prasad (Retired employee.) 17 May 2021

The dependents or near relatives may complain to IG of Prisoners with a copy to District Legal Services Authority or HRC.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 17 May 2021

If you have been assaulted by an officer or fellow prisoner, you should file a grievance, and appeal it through all available levels of appeal. Note that there are usually strict time limits for filing a grievance, so you should do so as soon as possible.
If you believe you are in immediate danger of assault, you should tell a staff member you trust (mental health worker, teacher, etc.).

T. Kalaiselvan, Advocate (Advocate) 18 May 2021

One of the rights that a prisoner is entitled to in prison which are implicitly provided under the Article 21 of the Constitution of India free legal aid.

Prisoners are also entitled to rights to some extent as a normal human being when they are behind the prison. These rights are provided under the Constitution of India, the Prisons Act, 1894 etc. Prisoners are persons and have some rights and do not lose their basic constitutional rights.

The basic rights include right to food and water, right to have an attorney to defend himself, protection from torture, violence and racial harassment.

The rights guaranteed in the part III of Indian Constitution are available to prisoners; because a prisoner is treated as a person in prison.

As per Prisons act,1990:

it is the duty of the government for the removal of any prisoner detained under any order or sentence of any court, which is of unsound mind to a lunatic asylum and other place where he will be given proper treatment. Similarly if there is apprehension of danger to the life of the prisoner from other inmates, he can be transferred to some other prison at the recommendation of the superintendent of the prisons.

yasaswi gomes (.) 18 May 2021

Maybe everything inside that jail is like Undisputed movie. Either he trains himself to be Boyka or follow every procedure to log in a complaint and request for transfer of jail.