International Journal of Pure and Applied Mathematics

Volume 119 No. 15 2018, 3019-3035

ISSN: 1314-3395 (on-line version)
url: [Link]
Special Issue
[Link]

PRISIONER’S CONJUGAL RIGHTS:

A CRITICAL ANALYSIS THROUGH HUMANITARIAN APPROACH IN INDIAN
PERSPECTIVES

Bhupal Bhattacharya1 Ms. Nidhi Arora2

1
Associate Professor, Department of Legal Studies, Banasthali Vidyapith, Rajasthan, India
2
Assistant Professor, Department of Legal Studies, Banasthali Vidyapith, Rajasthan, India

“If the criminal law as a whole is the Cinderella of Jurisprudence, then the law of sentencing is
Cinderella’s illegitimate baby.” 3

ABSTRACT
Prison is a place where the criminal justice framework put its whole expectations. The restorative
components, if fails will make the whole criminal procedure futile. The doctrine behind
punishment for a wrong doing has been changed a lot by the development of new human rights
jurisprudence. The condition of deprivation of liberty as a result of committing a criminal
offense is, however, one of the instances in which the safeguarding the human rights appears to
be controversial in its applications. To avoid any possible abuse of experts, prisoners should be
given certain basic fundamental benefits as rights. General impacts of detainment is to weaken
the dynamic criminal mental forces and to render the detainees' life fit for useful social life and
in result more obligated to reconviction.
For prisoner’s reformation in India, a significant number of the steps are being from time to time
in accordance to the need of the hours.

Punishment means suffering someone for committing wrongs; for that reason he may be
confined into a jail or a correction home either because they have been found guilty of
committing a crime or because they are waiting to be tried for a crime. According to Reformative
punishment theory an offender commits a crime when there arises dispute between his

1
Associate Professor, Department of Legal Studies, Banasthali Vidyapith, Rajasthan, India
2
Assistant Professor, Department of Legal Studies, Banasthali Vidyapith, Rajasthan, India
3
Sentencing and Probation, page. 1 (American Bar Association)

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personality and the intention. One may indulge into committing a crime either on the grounds
that the allurement of the motive becomes more grounded or because the restrain imposed by
character ends up weaker. When that human being becomes tempted he takes law into his hands
and commits a crime.

In India, conjugal visit is not permitted. A conjugal visit is a private meeting between a sexual
partner with an inmate of jail. The original purpose for marital visit is to urge detainees to keep
up family ties.

The security of human rights through the criminal justice delivery system is a fundamental
component of any system administered by the principle of rule of law. The protection of human
rights have been perceived to changing degrees across time, however since the 2nd World War,
the comprehensiveness of human rights has been acknowledged by the United Nations as
intrinsic in the very idea of individuals.
The Supreme Court of India has been very vigilant against infringment upon the Human Rights
of the detainees by giving a liberal and complete importance to life and personal liberty. This
paper deals with issues of human rights related to prisoners’ in the prison system and focuses on
the prisoners’ rights. Human rights are the rights people have by virtue of their humanity. The
reason of the present study is to recognize the key issues of the problem faced by detainees and
their spouses. Further the focus is to help enactment of legislation and policymakers in figuring
of strategies based on the ground reality.
Keywords:- Constitution, Correctional measures, Criminal Justice System, Human Rights,
Prison, Prisoners’ Rights, Conjugal Visits, etc.

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INTRODUCTION
Denying basic rights to prisoner in custody is an ascertained strike on human dignity which can
destroy the personality of an individual and whenever human dignity injured, civilisation takes a
step backwards. It ruins the prisoner both physically and mentally. They stay in a condition of
unending apprehension and horror whenever they recall their custodial agony. Haunted by denial
of basic rights presumably affect the conjugal life of prisoner.

A marriage is a natural bond guided by natural laws taught by motivation conscience, nature and
custom. Marriage is defined as: The contract made by a man and a woman to live as husband
and wife4. It can also be described as culturally or legally sanctioned union. So, marriage is
supposed to be a relationship that joins a man and a woman together through an implied binding
contract or a spiritual belief; as is applicable and accepted in different societies.

Marriage turns human being into complete. It teaches to understand the responsibilities,
undertake the obligations to feed other, provide clothes, shelter, satisfaction, respect and to assist
in every activity. It legalizes sexual activities, makes couples feel relaxed; builds compatibility in
tune with each other, and smoothes the overall relationship.

The ancient and basic idea behind marriage is to legalize sexual intercourse meeting the sexual
urge and to bring virtuous child and to build a good society. Thus the word marriage itself
suggests that sex is permitted between the couples which strengthens the emotional bonds and
drives the stress away between them. Sex is accepted as a sign of loving the partner alternative to
verbal expression of showing of care and emotion.

Criminal Law is significant in a general public for maintaining peace. Criminal Law must be
sufficiently solid both in its substance andfurthermore in its execution, without being onerous.
This quality is required in all branches of law however it is excessively difficult in criminal law
since the stakes included are incredibly high as far as social impairment of different sorts5.

4
[Link]
5
Ahmad Siddique and Afzal Qadri, Criminology (2007) p.19.

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India, being the greatest majority rules system i.e. representative government of the world,
embedded in its laws, safeguarding of life and individual freedom as one of the basic
fundamental rights. It is said by V.R. Krishna Iyer, J., that custodial torture is the inhuman and
degrading treatment toward the prisoner’s and it is more terrible than the terrorisim because
behind this torture hand of state authority is there. 6 India is the party to every International
convention which ensures and safeguards the human rights.7 These offers ascend to address -
why such episodes still prevails? This reality depicts an opposing picture of our nation to world
at large.8

Understanding Conjugal visit

A conjugal visit can be defined as in which an inmate’s has a right to meet his or her spouse,
during which the couple is allowed to engage in sexual relations. Mostly visits are meant to
associate with sexual activity. Physical intimacy in conjugal visits includes any personal activity
which they desire such as holding hands, hugging, kissing, romantic touching and sexual
activity.

The ideas behind allowing conjugal visits were to bind the family ties from being broken. It was
thought that if inmates are allowed to meet their family once in a while then there will be moral
reform in the prisioner’s and social adjustment will be there. The general biological
characteristics of men are not good in expressing their concerns to other living partners, so
making love is a way of their expression. To women, sex is an act. They need to be caressed,
kissed and loved. Thus both help to deepen the couple’s wife and to build a strong bonding and
to also help to drive the stress away.

Physical intimacy when welcomed by our bodies by hug or a touch or other experiences, then it
releases various chemicals: serotonin oxytocin and dopamine. Oxytocin increases our desire to
bond, Dopamine improves our mood and serotonin helps us to fight against depression and left
with a very pleasurable feeling on the couples.

6
“Custodial torture worse than terrorism”, [Link]
visited on 10.9.2017
7
Jaswal, Paramjit S. And Jaswal, Nishtha, “Police Atrocities, Human Rights and Judicial Wisdom, HUMAN
RIGHTS YEAR BOOK”, 2010 P.208
8
Jinee Lokaneeta,, “Torture in Postcolonial India: A Liberal Paradox?” (unpublished manuscript) (on file with
author)

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In India, conjugal visit is not permitted. A conjugal visit is a personal meeting with a sexual
partner with an inmate of jail including to allow physical activity which the prisoner desire in an
isolated and separate place.

Philosophy for establishment of prisons and Conjugal visitation

A prison is a place used as a correction centre where human beings are physically detained by
suspending some of personal freedoms. It is normally enclosed by walls or other barriers to
prevent escape of prisoners. It is inflicted by way of legal punishment by a state authority for
committing of a crime or violation of its prescribed rule. Different nations follow different views
while dealing with convicts and inflicting punishment, methods of which includes a) punitive, b)
deterrence, c) reformative d) Retributive e) Capital Punishment etc as to protect a society,
individual or state free from crime.

Punishment means suffering someone for committing wrongs; for that reason he may be
confined into a jail. According to Collins Dictionary Jail means a place where people are kept
locked up, either because they have been found guilty of committing a crime or because they are
waiting to be tried for a crime. The reason for Reformative Form of Punishment is for the moral
development of the criminal who has been awarded sentence of imprisonment as to prevent from
further occurrence.

In India, mostly punishments in the form of imprisonment imposed upon any accused person as
either to prevent or to reform that offender from indulging into same types of criminal activities
any further. The more heinous crime committed, the more grievous punishment inflicted.
Amongst all the theories of punishments, the theory of Reformative punishment intends to
reform the offender from further committing that offence. This theory has of the view that an
offender commits a crime when there arises dispute between his character and the intention. One
may indulge into committing a crime either because the enticement of the motive becomes more
grounded or because the restrain inflicit by character becomes weaker. When that human being
becomes tempted he takes law into his hands and commits a crime.

The reformative theory of punishment intends to make the character of the man strong so that he
doesn’t become the victim of his enticement. If a individual commits a crime he does not cease

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to be a human being. This theory would also consider medicine in reformation of the offender as
it treats crime as a disease. For this reason this theory suggests such kind of punishment like
imprisonment which is appropriate to be inflicted upon a criminal to for its transformation by
providing physical, moral and intellectual support to improve the character and temptation of a
criminal.

The original purpose for conjugal visits was to motivate inmates to maintain family relations. So
that he or she would have reason to behave and will learn the social and moral behaviour
properly.

Physical intimacy when welcomed by our bodies by hug or a touch or other experiences, it
releases various chemicals such as: dopamine, oxytocin, and serotonin9. Oxytocin increases our
desire to bond, Dopamine improves our mood and serotonin helps us to fight against depression
and left with a very pleasurable feeling on the couples10.

GROUND REALITY OF PREVALENCE OF TORTURE IN INDIA

Custody means that “protective care or guardianship of somebody or something”.

Legitimate non-standard speech explains custody as, purpose wherever an individual loses
his/her freedom of movement as empty by law implementing bodies, for example within
the course of carrying before booking, or through arrest, prosecution and imprisonment.
Predominately torture by police officers in custody imposes a direct attack on basic human
dignity, principally over once life and private liberty.

Primary aim of Constitution of India is to repairs the personal liberty and human dignity of
people. Torture,
however, contravene and is an outrage to such fundamental rights of the voters acknowledged in
that ill-treatment of detainees. The prevalent practices adopted in so called civilized nations

9
“The Good Drug Guide”- “The Hedonistic Imperative”, [Link]
10
Healing with Sex - Health - Science - Spirit, [Link]

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seems to be guided by unplanned

legislations in abusing the dignity of prisoner.11
In this case12, Supreme Court held the various major issues in respect to the prisoners. Those are
as follows:-

 80% prisoners are under trials

 Accused are not released, even though bail is granted.
 Punishment carried out by jail authorities are not consistent with punishment given by the
court.
 Lacking in the medico facilities to prisoners
 Coldhearted and insensitive approach of prison authorities
 Lack of proper legal aid
 Corruption and other malpractices.

It’s a most terrible crime prevailing in any civilized community. Custody consists the
foremost important and fragile space of human privileges during a civilized society.
The jail conditions deliberately infringe upon the basic human rights of those persons who are in
custody. In India, custodial torment has been an vital part of police examination and form to
extort information from suspect. Most of the violations of human rights in prisons arise from the
abundances executed by the agencies, involved in the supervision of Human Rights area
unit betrothed in method to setting out with interference of crimes within the Society.

"Power tends to corrupts and absolute power corrupts absolutely."……Lord Acton

In India and in the majority of the nations of the world, police power and correctional facility
authorities stay in intense position which tends them to mishandle the privileges of accused,
arrestees, under trial detainees and convicts, or tends them to take reward. India, likewise for
long time was experienced Police State or Totalitarian State condition, and position is still to
some degree same.

Justifications of Conjugal Visits:

11
State Of Madhya Pradesh v. Shyam Sunder Trivedi And Ors, (1995) 3 SCALE 343
12
Rama Murthy v State of Karnataka

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From ancient times, it is believed that, physical intimacy if occurs between two spouses,
benefits:

a) Great form of exercise

Making love through physical activity is considered as a good exercise. Physical

intercourse helps to change the physiology of a human being increasing the respiratory
rates and consequently helps in burning calories. It helps to send more oxygen in body
cells, and the testosterone produced during sex makes bones and muscles strong.

b) Pain Relief

During the continuation of sex, both persons i.e., male and female produce endorphins,
hormones that act as a painkillers13. Regular sexual activities are very much desirable for
a female person to keep the reproductive system and organs in shape 14. Sex helps women
to increase fertility, postpone the menopause and relieve PMS symptoms15.

c) Prostrate protection

Fluid which ejaculates helps prostate gland. Stopping of ejaculation from the glands may
tend to swell, creating lots of problems. Regular ejaculation washes out the fluids ensures
more likelihood to prevent prostate until old age16.

d) Prevents erectile dysfunctions

In Indian society more than fifty per cent of men in above the age of 40 years suffers
from erectile dysfunctions. An erection keeps the blood flowing through penile arteries,
and the tissue remains healthy. Doctor believes that regular sexual activity is very
important as to become more capable to perform considering that the best medicine
against impotence is sex17.

13
“sex : The Low Density Lifestyle”, [Link]
14
“Here's why you must have sex everyday - Times Of India”, [Link]
15
ibid
16
“Ejaculation May Help The Prostate - Advanced Natural Medicine”, [Link]
17
Male Impotence or Erectile Dysfunction | The Urology Team, [Link]

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e) Stress relief
Science considers sex as a very effective way of reducing stress 18 . Sex produces
dopamine, a substance that fights stress hormones, endorphins, aka "happiness
hormones" and oxytocin, a desire-enhancing hormone secreted by the pituitary gland19.

Source: RIGHTS OF PRISONERS - Nimhans, [Link]

CUSTODIAL TORTURE VIS-À-VIS VIOLATION OF HUMAN RIGHTS

.
Custody constitutes the most basic and fragile area of human rights in an acculturated society.
The jail situations obtrusively encroach upon the fundamental human privileges of the people
who are in the authority whether lawful or illicit. The greater part of the infringement of human
rights in penitentiaries emerge from the abundances executed by the offices like like Police,
Central Bureau of Intelligence, Central Reserve Police Force, Central Security Force ,
Directorate of Enforcements, Directorate of Reserve Intelligence, Coastal Guards, , Border

18
“Stress Management Tips, Exercises, Reduction Techniques”, [Link]
19
“Here's why you must have sex everyday” - Times Of India, [Link]

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Security Force, , Police Intelligence Agencies, Traffic Police, Mounted Police and Criminal
Investigation Department and so forth., denying the basic rights of Prisoners or under trails.

Should Conjugal visits in prisons be permitted in India?

In Sunil Batra Vs. Delhi Administration(1978), Justice [Link] Iyer stated that “Convicts
are not by mere reason of the conviction denuded of all the fundamental rights which they
otherwise possess.”

The State is under a commitment for safeguarding the human rights of its citizens as well as to
protect the community at large, and is authorized to do so. Studies have repeatedly indicated that
married couples, are generally more happier and have more wealth; in comparison to single or
divorced person. They feel their lives are more [Link] desire is common to all adult
persons and is not manmade. Throughout the entire history of the world marriage is considered
as a union between one man and one woman. But not allowing any convict and keeping him or
her in a confined room with other convicts may encourage homosexual activities which has
strongly condemned by all religious systems of marriage. Marriage is in great need of protection.

It is witnessed regularly within the jail that often prisoners indulge into unprotected sex among
inmates. The proposal has suggested that only the visits by a legal spouse after screening the
application on the basis of inmate’s character, behaviour in jail and punishment terms. Report
has proposed to construct special houses for privacy to inmates during conjugal visits within jail
premises20.

“In prison, sex is valued because it is highly desired and forbidden. Sex is a nature’s call formed
from a body and cannot be created. Thus to achieve this end, prisoners use sex to gain access to
their likings which in actual sense a very small commodity.”21.

Allowing Inmate prisoner to meet with his or her legal spouse in the form of conjugal visits
might seem as a welcome development, denying to it seems as a cruel and inhuman behaviour

20
“Conjugal visits in Punjab jails soon? - Times Of India”, [Link]
21
“Analyzing Prison Sex: Reconciling Self-Expression with Safety”, Brenda V. Smith

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where most of the marriages in India still are forced or done in a very young age. Not allowing
conjugal visits inflicts punishment even to the legal spouse who suffers outside the jail. Liberal
society demands to treat prisoners with logic respecting his or her human rights. The object of
punishment is the reform of the criminal and it does not cease detainees to be human beings.
Object of punishment is the moral reform of prisoner’s so, that they don’t get indulge into for the
second time.

JUDICIALLY RECOGNIZED PRISONER‟S RIGHTS

a) Justice V.R. Krishna Iyer in this case22 said that “Convicts are not by mere reason of the
conviction denuded of all the fundamental rights which they otherwise possess”.

b) “Like you and me, prisoners are also human beings. Hence, all such rights except those that
are taken away in the legitimate process of incarceration still remain with the prisoner. These
include rights that are related to the protection of basic human dignity as well as those for the
development of the prisoner into a better human being”.23

c) If any person who commits any crime, then it does not mean the he is not a human being and
he will not be deprived of his life which constitutes the human dignity

d) It is progressively being perceived that a person does not stop to be a citizen since he/she has
turned into a detainee.

e) “The convicted persons go to prisons as punishment and not for punishment”.24 “Prison
sentence has to be carried out according to court‟s orders and no additional punishment can be
imposed by the prison authorities without sanction”25.

f) Detainees depend on jail authorities for majoity of their everyday basic needs, and the state has
control over their life , liberty and freedom, the mechanism of rights.

INTERNATIONAL PROVISIONS REGARDING PRISIONERS’ RIGHTS

22
Sunil Batra vs. Delhi Administration, 1978
23
Charles Shobraj vs. Superintendent, 1978
24
Jon Vagg., 1994
25
Sunil Batra vs. Delhi Administration.,1978

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“Reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in
the equal rights of men and women and of nations large and small”26
Safeguarding human rights is the unconditional important agenda of every civilized community.
There are different imperative International archives on prison organization however not
straightforwardly identified with renewal/reformation of detainees but rather particularly worried
about prisoner’s justice and equity and indirectly called for acknowledgment of the characteristic
nature of detainees as family and protection from tyranny and oppression. Some of those
universal instruments to curb torture are as under:-

Universal Declaration of Human Rights

Universal Declaration of Human Rights, 1948 was endorsed by the General Assembly of United
Nation. UDHR is vital instrument which focuses on to promote and protect human rights and
also provides some essential standards about administration of justice. Provisions related with
(a) No one should be subjected to torment or to merciless, cruel or debasing treatment or
discipline.27
(b) Everyone has the right to life, personal liberty and security of an individual.28
(c) No one shall be subjected to arbitrary arrest, confinement or exile.29
(d) Every wrongdoer who is charged with a penal offence has right to be presumed
innocent until he is proved guilty according to established law.30

The International Covenant on Civil and Political Rights, 1966

The ICCPR is the main international instrument which focuses over the rights of the prisoners.
Emulating important procurements of the contract are as follows:-

(a) Nobody ought to be subject will cruel, cruel alternately debasing medication.
Alternately discipline. 31

26
The United Nations Charter, Preamble
27
Universal Declaration of Human Rights, 1948, Article, 1
28
Id., Article 3
29
Id., Article 9
30
Id., Article 11

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(b) Everybody needs those rights to freedom Furthermore security for man. Nobody.
Might be subject should discretionary capture or confinement.32
(c) Constantly on persons denied of their freedom should be dealt with for mankind.
Also with deference for the intrinsic pride of the mankind's individual.33
(d) Nobody should make detained just on a ground about powerlessness with. Satisfy An
contractual commitment.34

Declaration on Protection from Torture, 1975

On ninth December, 1975 U.N. General Assembly by accord received a Declaration on

Protection from Torture. Different vital arrangements pertinent in this are as under:

(a) Any demonstration of degrading treatment or inhuman treatment is an offense to

human nobility and that might be censured as a refusal of the reasons for the charter
of the U.N. and as an infringement of the human rights and basic freedoms announced
in the universal declaration of human rights.35

(b) No state may allow or endure any inhuman, degrading treatment or punishment.
Remarkable conditions for example, a state of war or a risk of war, inside political
uncertainty or some other open emergency may not be summoned as a defense of
torture or other merciless, human or corrupting treatment or punishment.36

Standard Minimum Rules for the Treatment of Prisoners

Respite/Amnesty International 1955 detailed certain standard rules for the treatment of detainees.
These rules outline certain essential norms of law in by far most of the democratic nations of the
world. Some significant rules are as under:

31
The International Covenant on Civil and Political Rights, 1966, Article 7
32
Id., Article 9
33
Id., Article 10
34
Id., Article 11
35
The Declaration on Protection from Torture, 1975, Article 2
36
Id., Article 3.

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(a) One of the most important principle enshrined is the rule of equality, that there
should be no segregation on the basis of colour, sex, race, political, religion or other
conclusion, national, property, birth or different status among detainees.37
(b) Both Men and women may so far as could be normal the situation being what it is
and practicable be confined in separate prison.38
(c) There must be finished partition between common detainees confined for the
obligation and so forth and people detained by reason of criminal offense; youthful
detainees ought to be kept separate from the grown up ( mature) prisoners.39
(d) Physical punishment, punishmnet by putting in dull cells, and all degrading
punishment which is acting against humanity should be totally prohibited..40

(e) Administrations should be accessible by atleast one qualified medical officer who is
having knowledge of psychiatry.41
(f) Young untried detainees ought to be kept separate from grown-ups and might on a
basic level be kept in discrete institutions.42

Convention against Torture and other Cruel, Inhuman or Degrading Treatment or

Punishment43

U.N. General Assembly embraced and opened for signature and approval, a report called
Convention against Torture what's more, other Cruel, Inhuman or Degrading Treatment or
Punishment. Different essential arrangements of the tradition are as follows:
(a) Each state party should take powerful authoritative, regulatory, legal or different
measures to avoid demonstrations of torture in any domain under its jurisdiction.44

37
Standard Minimum Rules for the Treatment of Prisoners, adopted Aug. 30,1955 by the First United Nations
Congress on the Prevention of Crime and the Treatment of Offenders, Rule 6(1)
38
Id., Rule 8(a)
39
Id., Rule 8(c) & (b)
40
Id., Rule 31
41
Id., Rule 22(1)
42
Id., Rule 85(2)
43
UN Resolution 39/46 of 10th Dec. 1984
44
The Convention against Torture, 1984, Article 2(1)

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(b) No state party should remove, return or remove a man to another state where there is
significant justification for trusting that he would be in peril of being subjected to
torment..45
(c) Each state party should guarantee that all demonstrations of torture are offenses under
its criminal law.46
(d) Each state party should keep under precise survey cross examination rules,
guidelines, strategies and practices and also game plans for the care and treatment of
people subjected to any frame of capture, detainment or detainment in any domain
under its locale with a view to keeping any instances of torture.47
(e) Each state party should guarantee in its legitimate framework that the casualty of a
demonstration of torture acquires change and has an enforceable ideal to reasonable
and satisfactory compensation, including the methods for as full restoration as could
be expected under the circumstances..48

NATIONAL LEGAL REGIME REGARDING PRISONERS’ RIGHT

“Like you and me, prisoners are also human beings. Hence, all such rights except those
that are taken away in the legitimate process of incarceration still remain with the
prisoner. These include rights that are related to the protection of basic human dignity as
well as those for the development of the prisoner into a better human being.”49

However the prison been a delicate issue altogether the countries of the world but the systems
and treatments varies from nation to nation administrations along with the non-government
organizations, foundations are trying to enhance the states of inmates. Different endeavors have
been made to secure the rights of the prisoner through both national and international provisions.

In lieu of Conclusion

45
Id., Article 3 (1)
46
Id., Article 4 (1)
47
Id., Article 11
48
Id., Article 14
49
Charles Shobraj vs. Superintendent, 1978

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Individuals who are convicted and detained don't stop to be human being as being detained and
have not lost their basic human rights which are required to survive like a human being. Life isn't
only creature presence. The souls behind the bars can't be denied the same. Article 21 of the
Constitution directs that even state does not have any right to infringe the Right to life and
personal liberty of Prisoner. A detainee, who may be a convict, does not stop to be an individual.
Detainees have all the rights as a common individual possessing with few restrictions. Freedom
and flexibility are the parts of detainee's human rights and democracy and same should be
considered in respect of developing countries and meantime giving matrimonial rights to the
detainees requires a re-thought of a bigger seat of High Court and Supreme Court.

Marriage is very important to create a good society. It is a way through which a society can be
formed since a sole individual is not self sufficient to meet all his basic or luxury requirements..
If a prisoner is not allowed to meet his spouse in the prison, than the spouse of prisoner equally
faces similar torture for no offence. Imprisonment is a legal punishment imposed upon the
offender by the state for the commission of a wrongdoing or defying the rule. Denying conjugal
visits may result into a negative impact by way of punishment to the person for doing no offence.
The State is under a commitment for securing the human rights of its citizens and also to ensure
the society everywhere, and is approved to do so. To shield the nationals from any conceivable
mishandle of this authority, they ought to be given certain fundamental benefits which are
perceived by the Constitution of India as of Rights.

“All persons deprived of their liberty shall be treated with humanity and with respect for the
inherent dignity of the human person”. UNICCPR, 1966

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