[20] RIGHTS OF THE INCARCERATED WITH REFERENCE TO THE CONSTITUTIONAL FRAMEWORK OF INDIA: A STUDY : How to Cite the Article: Hiya Das (2026). Rights of the Incarcerated with reference to the Constitutional Framework of India: A Study. International Journal of Multidisciplinary Research & Reviews, 5(6),254-266.  https://doi.org/10.56815/ijmrr.v5i6.2026.254-266

Hiya Das

Authors

Hiya Das Assistant Professor, Royal School of Law and Administration, The Assam Royal Global University, Guwahati, Assam, India.

Abstract

This paper undertakes a comprehensive analytical study of the rights of prisoners within the framework of the Constitution of India, emphasising the continuing relevance of human dignity even in conditions of incarceration. It is premised on the fundamental proposition that imprisonment results in the curtailment of liberty but not the extinction of basic human rights. The study traces the philosophical foundations of prisoners’ rights from natural law theories to their incorporation in modern constitutional jurisprudence, while also examining the evolution of prison reforms in India from punitive to reformative models. The research critically analyses the interplay between international human rights instruments such as the UN Charter, the Universal Declaration of Human Rights, and the ICCPR and domestic legal frameworks, including the Prisons Act, 1894, and other legislative measures governing custodial institutions. It further explores the role of judicial activism in expanding the scope of prisoners’ rights under Articles 14, 19, and 21 of the Constitution, highlighting landmark as well as recent case laws (2024–2026) that address issues like custodial violence, overcrowding, discrimination, legal aid, and the rights of vulnerable groups. The paper underscores the importance of recognising prisoners as rights-bearing individuals entitled to equality, dignity, and access to justice. It argues that the effectiveness of a democratic legal system is reflected in its treatment of the most marginalised, including those in custody. By identifying gaps in implementation and suggesting a rights-based, reformative approach to prison administration, the study contributes to the broader discourse on human rights, criminal justice reform, and constitutional governance in India.