Jeopardize of under trials prisoners in india- a study in relation with right to life

Sindhuza M.S

The human civilization has always been governed under the rule of a supreme power. The role and form of supreme power has changed over the centuries. During the ancient times the role of state was that of a Police State, where it's only duty was to protect the State from internal and external aggression and maintenance of international peace. But, at the present time the role has changed from police State to Welfare State, where the role of the State is not only to protect from external aggression and maintenance of internal peace, but also to develop the welfare of its subjects. The concept of punishment has also changed like the concept of State responsibility over the centuries. The nature of punishment depended on the basis of religion and the administration of the Kings. During ancient times, the concept was punishment was retributive basis, where the criminals were given barbaric form of punishment. Later, over the passage of ages, the importance of human rights increased which in per se paved way for the substitution of Retributive theory by Reformatory and Rehabilitative theory. The main object of prison is reformation of the prisoners. But the fate of the under trial prisoners in the present ages is not in accordance to this object. The imprisonment of them for a period longer than the required duration for their trial to be processed is in contrary to the basic object of a prison. Their fate to be imprisoned without proved of either their guilt or innocence is against the norms of punishment. This is an act of violation of their Right to Life under Article-21, as their prolonged stay in the prison could have an adverse effect on their life.

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