SEXUAL SLAVERY IN INDIAN PRISONS

Introduction

1.     Definitions of sex slave

·        According to CAMBRIDGE DICTIONARY, Sex slave means, “a person who is forced to perform sexual acts, and who is not free to leave the place where they are being kept or to stop the work they are asked to do.”

·        According to MARIAM WEBSTER, slave means, one forced to be in servitude.”

·        According to URBAN DICTIONARY, sex slave means, “who is forced to be captive and have to do intercourse with the owner for free.”

Through all the meanings provided, we can consider sex slave as that individual who is being sexually harassed or exploited by the dominant group or individual in the jails or prisons for free.

Sexual slavery sometimes includes multiple owners who harasses the weak individuals in the jails. It is considered as a forced prostitution. Sex slaves are concubines only.

While talking about its historical background, we can trace down its history centuries back.

2.     Historical Background of Sex Slavery

While considering its history, we can see that sex slavery is always prevalent in not only Indian society but also in foreign nations as well.

Some of the common sex slavery are- Forced marriage, scared prostitution, and war waged prostitution and even in jails this happens.

Various countries since ancient time saw the slavery that gradually turned into SEX SLAVERY. In 3500 B.C the country, Mesopotamia invoked the slavery code which was known as Mesopotamian code of Hammurabi in 1860 BC which was said to be the first established institute.

Later on, many other nations like U.S.A, Britain, Asian countries, African countries other European countries like France, Spain, Denmark, Portugal etc. used to captivate people of defected nations like Africa during dark ages and they were mostly Christian slaves. However, Denmark-Norway became the first European countries to put a ban on slavery in 1802.

While referring the context of Indian community from ancient time, Sex slaves are not mentioned anywhere, however, the word DASA is commonly used which means Servant or slave. But there is no description about Sex slaves as per MANU SMRITI. And aliens were also treated as the countryman also.

However, in 8th century, when India was witnessing the rule of Mohd. Gori who was himself was a Turkic slave, bounded many men, women and children as slaves to serve him.

Later in 11th century, Mohd. Of Ghazna captivated approx. 10.000 youths as slaves and he used to sell them to various foreign traders who used to come for trade in India. These people includes not only poor men and women but also rich men and women inspite of their looks and appearance. Later on, this no. Increases.

During 16th century, Delhi Sultanate obtained many slaves from Eastern Bengal at that time. During battles, many slaves were taken from the defeated states or nations. Enslavement of women led to their conversion into Islam.

W.H. Moreland observed, "it became a fashion to raid a village or group of villages without any obvious justification, and carry off the inhabitants as slaves.”[1]

During the rule of Shah Jahan, many peasants were compelled to sell their women and children into slavery to meet the land revenue demand.

Slavery was officially abolished in British India by the Indian Slavery Act V. of 1843. However, in modern India, Pakistan and Nepal, there are millions of bonded laborers, who work as slaves to pay off debts.[2]

Building up of trap of sexual slavery in prisons

Prison gangs disrupt internal vigilance of the prison, threaten the safety of inmates and staff, and weaken the institutional quality of life. Dominant prison gangs have a huge impact on the lives and well-being of prisoners, prison officers and staff. The influence of prison gangs on the lives of prisoners can be measured by the amount of violence that takes place in the prison. While in prison, young inmates are subject to prison politics, racism, corruption, harassment, and the misconduct of harsh convict gangs. Such an issue which we are talking about is sex slavery in prisons by harsh convict gangs over young subordinate inmates by the way of physical and mental assault. More than 25% of prisoners between the ages of 18 and 21 suffered rectal damage as a result of sexual abuse. These young inmates are constantly sodomized by hardened criminals, with whom they are forced to share space in the overcrowded prison. These teenagers are the victims of a massive racket led by some influential and hardened criminals in the compliance with the prison staff.

Infamous convicts forms gangs inside the prison. When a young offender arrives in jail, these gangs influence the corrupt prison staff to send the youth to their barracks. And that is when the sexual abuse begins with the young offenders. The youngster is mistreated by each gang member in turn. If the boy is handsome and fair-complexioned, he becomes the exclusive and sole property of the gang leader. Young boys are also brought to work and would have to wash clothes and do all the menial chores for the gang members. And in return they are given soaps, cigarettes, drugs and other consumable goods, etc. to keep them happy and fulfilled.

A man who completed his term in prison for rape said, “Every day, criminals arrested by police from different parts of the city are brought to the prison. After official entries, everyone is sent to a room in the main building. At that time, the guards spread words among the inmates about the number of good-looking youngsters who came in. In the evening, some notorious criminals who collaborate with the prison authorities enter the hall and look for handsome teenagers. Mostly those are selected who have a fair complexion, feminine characteristics and cannot resist. Once the teenager is selected, the same will be conveyed to the prison staff and no other criminal will be able to claim it. He is first used as a masseur and gradually turned into a sex slave. In return, the young inmate is protected and manages to spread fear among other fellow criminals. On the other hand, if he refuses to fall in line, he is given physical torture as well as mental trauma.[3]

He even said that each gang leader has two or three boys to serve him. Some of them are even permitted to stay in the cells of these criminals and become their henchmen. The lure of power is so great that some adolescents who, even after being released from prison, commit petty crimes and return to their leaders.

Gang Rape and Sexual harassment of women prisoners

Prison rape or jail rape is rape occurring in prison. The phrase has come into common usage to refer to rape of inmates by other inmates, and less commonly to the rape of inmates by staff, and even less commonly rape of staff by inmates.

In the US, the overwhelming majority of cases are men who are raped by other men.

In some jurisdictions, sexual contact with inmates by prison staff is illegal regardless of consent.

The well-known teardrop tattoo sometimes signifies that the wearer was raped while incarcerated and tattooed with a teardrop under the eye by the offending party,[4] this was a way of marking an inmate as property or to publicly humiliate the inmate as face tattoos cannot be hidden.

Women prisoners are maltreated most. Not only are they beaten by the prison authorities, but they are also sexually harassed by the authorities, but sometimes by the fellow prisoners too, and hardly any step are taken to protect them. On an average forty-one per cent of prison guards are men, a job that gives them the right to strip search and access prisoners in their most vulnerable states. There are thousands of documented accounts of jail staff demanding sex in exchange for drugs, favours and access to educational programs. Similarly, prison officials often threaten of giving with false reports of improper behaviour, drug use to higher authorities or stop providing basic needs such as feminine hygiene products or visits by children if inmates do not perform sexual acts.
An incident occurred in Khetri prison in Rajasthan, where two jailers bailed out a woman and kept her for a week to rape her every day. 
Another case of inmates in Hissar Jail, Primila Lewis has to say: "A lady, around sixteen year old, arrested on a charge of 'awara gardi' under the famous Section 169 of the Indian Penal Code for vagrancy. She stayed with us a few weeks and then got out on bail provided for her by a constable in return for a spell with him as his mistress. She told that it was a routine occurrence. Police authorities would pay bail to these helpless girls in exchange for a temporary or long-term cohabitation.
In Elisaar jail, Meena had arrived in the fearful state, she was unable to walk, her rectum and the vaginal area was torn and was bleeding, she became lunatic, as she was kept in police custody for twenty-two days after her arrest and was brutally being raped by five or six policemen.[4]
Meena was brought from a village in Nepal. She was a vagabond. The irony was that she was sentenced a ‘simple imprisonment’ for seven days, and this was what she had faced.

Another issue is, the rate of inmate-on-inmate sexual victimisation is at least 3 times higher for females (13.7%) than males (4.2%). This has been attributed to the fact that the majority of jail officers do not consider sexual assault between women as "real rape", which makes them less likely to reprimand female prisoners.

The famous Mathura case[5] provided an impetus for change in law relating to the offence of rape. In this case the young girl was allegedly raped at the police station. She was called for interrogation on the complaint of her brother. After interrogation the police constable took her to the toilet and raped her. A complaint was lodged and medical examination was done after 20 hours of incident. The report revealed no injury and her hymen had old raptures. Sexual intercourse not proved. And they were not found guilty. This decision raised protest and which led to change in rape laws and also included custodial rape as a special category of rape.

In Ram Kumar v. State of Himachal Pradesh[6] , the couple was sleeping, two person, namely Nain Singh , investigating head constable and Ram Kumar a police constable in Raj garh police station came and forcefully took the couple saying that they got information that the girl was abducted girl. Both were kept at separate rooms. Nain Singh firstly hit her then molested and finally raped her. The girl cried and shouted for help but Ram Kumar ignored. Nain Singh misused his position and Ram Singh was held for aiding and abetting the crime. By forcing the couple to come to police station. Corroborative evidence is seen. Husband as witness, even the other people saw that the couple was forced to go the police station.

Harassment of children and young offenders

In Tihar Jail, children are simply kidnapped from the streets and made to do all the menial work. These poor children are without a home, who sleep on the pavements or in public parks. The criminal charge against them is vagrancy. Kuldip Nayar, who stayed in Tihar Prison during the emergency, says that the slaves were boys aged 10 to 18, employed as "helpers". They cooked, washed utensils, cleaned the rooms, fetched water and did a lot of hard work to help those who were paid to do these tasks.

More than 25 per cent of sex slaves are between 18 to 21 years of age group. A teen is first used as a helper and masseur and gradually turned into a sex slave. In return, the teenager is guaranteed protection. But if he refuses to act as his master commands, he is given physical torture. Young people who cannot tolerate the torture becomes so traumatised that some of them become mentally deranged and even semen addicts. It is shameful that the authorities are aware of what is happening in the dark, but they turn blind towards it.

 International Conventions for protection of rights for prisoners

The events of World War I and World War II had a profound effect on international law due to the widespread denial of civil rights and liberties on the basis of racial, religious, and political discrimination. The systematic use of violence, including murder and ultimately genocide, the use of slave labor, abuse and murder of prisoners of war, deportations, and confiscation of property forced changes to the status quo. Over the proceeding decades, large scale changes began to occur in all areas of international law, and prisoners’ rights were no exception.

Now, there are some international instruments-:

·        the European Convention on Human Rights,

·        the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment.

·        the International Covenant on Civil and Political Rights,

·        the UN Standard Minimum Rules for the Treatment of Prisoners,

·        the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment

·        the Convention on the Rights of Persons with Disabilities.

·        the European Prison Rules.

Third Geneva Convention

The 1929 Geneva Convention on Prisoners of War was adopted in 1929 but was significantly revised and replaced by the Third Geneva Convention in 1949. The United Nations Security Council is the final international tribunal for all issues relating to the Geneva Conventions. All signatories to the UN Charter, of which there are 193, are bound by the Geneva Conventions.

The Third Geneva Convention defines humanitarian protections for prisoners of war. Prisoners of war are defined as:

(1) Members of the armed forces of a Party to the conflict as well as members of militias or volunteer corps forming part of such armed forces.

(2) Members of other militias and members of other volunteer corps, including those of organised resistance movements, belonging to a party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that they fulfil the following conditions:

(a) that of being commanded by a person responsible for his subordinates;

(b) that of having a fixed distinctive sign recognisable at a distance;

(c) that of carrying arms openly;

(d) that of conducting their operations in accordance with the laws and customs of war.

(3) Members of regular armed forces who profess allegiance to a government or an authority not recognised by the Detaining Power.

(4) Persons who accompany the armed forces without actually being members thereof, such as civilian members of military aircraft crews, war correspondents, supply contractors, members of labour units or of services responsible for the welfare of the armed forces, provided that they have received authorisation from the armed forces which they accompany, who shall provide them for that purpose with an identity card similar to the annexed model.

(5) Members of crews, including masters, pilots and apprentices, of the merchant marine and the crews of civil aircraft of the Parties to the conflict, who do not benefit by more favourable treatment under any other provisions of international law.

6) Inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war.

International Covenant on Civil and Political Rights

The International Covenant on Civil and Political Rights came into force 23 March 1976. Article 10 of the International Covenant on Civil and Political Rights provides that any person deprived of their liberty shall be treated with humanity and dignity. The article imposes a requirement of separation of prisoners in pre-trial detention from those already convicted of crimes, as well as a specific obligation to separate accused juvenile prisoners from adults and bring them before trial speedily. There is also a requirement that the focus of prisons should be reform and rehabilitation, not punishment. These provisions apply to those in prisons, hospitals (particularly psychiatric hospitals), detention facilities, correction facilities or any other facility in which a person is deprived of their liberty. The article complements article 7 of the Covenant, which bans torture or other cruel, inhumane or degrading treatment, by guaranteeing those deprived of their liberty with the same conditions as that set for free persons.

UN Standard Minimum Rules for the Treatment of Prisoners

The United Nations Standard Minimum Rules for the Treatment of Prisoners came into force in 1955. The standards set out by the UN are not legally binding but offer guidelines in international and municipal law with respect to any person held in any form of custody. They are generally regarded as being good principle and practice for the management of custodial facilities. The document sets out standards for those in custody which covers registration, personal hygiene, clothing and bedding, food, exercise and sport, medical services, discipline and punishment, instruments of restraint, information to and complaints by prisoners, contact with the outside world, books, religion, retentions of prisoners’ property, notification of death, illness, transfer, removal of prisoners, institutional personnel and inspection of facilities. It also sets out guidelines for prisoners under sentence which further includes treatment, classification and individualisation, privileges, work, educations and recreations, and social relations and after-care. There are also special provisions for insane and mentally abnormal prisoners, prisoners under arrest or awaiting trial, civil prisoners and persons arrested or detained without charge.

European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment

The European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment entered into force on 1 March 2002. The Convention establishes the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (the Committee). The Committee is permitted to visit all places of detention, defined by the convention as "any place within its jurisdiction where persons are deprived of their liberty by a public authority." Once a state government is notified of the intention of the Committee to carry out a visit it is required to allow access to the territory with the right to free travel without restriction, full information of the facility in question, unlimited access to the facility and free movement within it, the right to interview any person being held within the facility, communicate freely with any person whom it believes can supply relevant information and access to any other information which the Committee feels is necessary to carry out its task. All information gathered is confidential.

Convention on the Rights of Persons with Disabilities

The Convention on the Rights of Persons with Disabilities entered into force on 30 March 2007 and has 154 state parties. The Convention’s purpose is to "promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity.” Persons with disabilities are defined as those "who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others." Article 13 of the Convention relates to access to justice for persons with disability. It provides that in order to "ensure effective access to justice for persons with disabilities, States Parties shall promote appropriate training for those working in the field of administration of justice, including police and prison staff."

Breaches of prisoners' rights in international law with some noted incidents

·        United States of America (Guantanamo Bay)

The American government has been accused of many breaches of prisoners’ rights in international law. The most publicized case is the detention facility it maintains in Guantanamo Bay, Cuba. The American government claimed that the facility was not covered by the Geneva Conventions protecting prisoners of war as the detainees were ‘enemy combatants’. Regardless of the status accorded to detainees, international law still prohibits torture. It is now clear that the CIA allowed water boarding which is not only a breach of international law but also the American Army Field Manual which prohibits cruel, humiliating or degrading treatment.

·        Afghanistan

In Afghanistan, US soldiers are accused of abusing prisoners in a secret prison in Bagram Air Base. The prisoners held there were exposed to extreme temperatures, not given adequate food, bedding, or natural light and religious duties were interfered with. There are also claims of abuse in Shebarghan prison in northern Afghanistan for which America is jointly responsible with the Afghan government. Shebarghan prison is claimed to be overcrowded with inadequate bathing and ablution facilities, as well as lack of food and medical care.

·        Iraq

In 2003, accusations started to emerge of prisoner abuse in Abu Ghraib prison. US soldiers at Abu Ghraib prison serving there were accused of beating prisoners, forcing prisoners to strip, forcing prisoners to masturbate, threatening prisoners with dogs, smearing prisoners with faeces, making prisoners simulate sex and form naked piles. There was also accusations that prisoners were raped, sodomized and beaten to death. In exceptional circumstances a state may make representations based on grounds of national defense, public safety, and serious disorder in custodial facilities against a visit to a certain place or at a certain time. After each visit a report is drawn up with any possible suggestions to the state in question.

Reasons for sodomy of young prisoners

·        The issue of overcrowding in jails :

The foremost issue, which is the root of most of the inadequacies of the jail system, rests on the large number of prisoners who have been kept in the jails. Overcrowding is the major problem, which undermines the infrastructural and managerial services of the jail.[7]

“Prisoners cannot be kept in jail like animals”, a shocked Supreme Court said after it was informed that many of over the 1,300 prisons across the country were overcrowded, even to the extent of more than 600 per cent.[8] The main reasons pertaining to overcrowding in prisons are:

·        Many jail inmates have got bail but cannot be released as they cannot furnish sureties.

·        The increasing number of under-trials who are lodged in the jails for long periods of time (one month to seven years) and paucity of space.

·        The criminal Justice system does not allow for speedy disposal of cases. In some cases, it take 4-5 years for the case to be decided and the individual who may or may not be sentenced has already served two to five years as an under-trial. In cases where the under-trial is not convicted, he becomes a faultless victim of the system of justice.

·        Inhumane and indifferent treatment among the prison inmates

The practice of torture in prison has been widespread and prevalent in India since time immemorial. Unchallenged and unrestricted, it has become a ‘normal’ and ‘legitimate’ practice everywhere. In the name of investigating crimes, extracting confessions and punishing individuals by the law enforcement agencies, torture is inflicted not only upon the accused but also on bona fide petitioners, complainants or informants amounting to cruel, inhuman, barbaric and degrading treatment, grossly derogatory to the individual dignity of the person. Torture is also inflicted on women in the form of custodial rape, molestation and other forms of sexual torture.

·        Class-wise treatment

Other issue which give rise to sexual slavery in the prisons is class-wise treatment. A person whether a free man or a prisoner, is entitled to healthy food, but the food condition in these prisons is pathetic. The government is working on improvements in this area, but instead, the government is providing discriminatory services that people could enjoy benefit only if they have the ability to pay for these extra benefits.

Class A prisoners enjoy special benefits such that they can pay their own expenses by depositing a certain amount set by the government to receive special services such as: morning tea, newspaper, pillow, three times non-vegetarian food and if they are vegetarians, they will be served with ghee, dal and buttermilk

·        Short strength of prison staff

Prison staff are understaffed and it is humanly impossible to monitor prisoners 24/7. The total number of prison staff sanctioned in all prisons in the country amounts to 77,230, out of which there are 24,588 vacancies as on 31 December 2017. Therefore, it is quite clear that there is slightly more than 30 per cent vacancies in the prison staff.

·        Corruption and influence of prisoners over staff

Another factor that is highly responsible for a higher rate of sexual slavery in the prisons of our country is corruption and influence of prisoners over staff. It is not uncommon for influential prisoners to obtain concessions or privileges from obliging prison officers.

Corruption occurs at all stages of the criminal justice chain. This happens in police stations, prosecutors' offices, courts and prisons. It is quite a reason why a person is detained in the first place, it might also affect their ability to access due process, to access the most basic rights and services in detention, and even their ability to stay safe in the prison.

Constitutional Provisions for Sex Slavery in prisons

The Indian socio-legal system is based on non-violence, mutual respect and human dignity of the individual. If a person commits a crime, it does not mean that by committing a crime, he ceases to be a human being and can be deprived of the aspects of life that constitute human dignity. Even prisoners have basic rights, because torture in prisons is not the last drug in the pharmacopoeia of justice, rather it is failure to do justice to a living man. From more than 200 years ago, the attitude towards prisons, prisoners and punishments was brutal and barbaric. The recognition of the convict as a human being is an idea that has been accepted after a long struggle with the state.[9] With time, state and society is understanding that prisoners are also entitled to rights to some extent as a normal human being when they are behind the prison. Now any excess cruelty committed by the police authorities on an inmate attracts not only the attention of the legislature but also the judiciary. The Indian judiciary, especially the Supreme Court, has recently been very vigilant against the encroachments upon the prisoners.

In our constitution, Part III provides the basic fundamental rights to the prisoners against harassment and exploitation. In addition, the Prisons Act 1894 also addresses the issue of cruelty to prisoners.

There are no implied provisions given under the constitution of India with regard to sexual slavery in prisons. But some provisions indirectly supports prisoners against sexual slavery. In the case of T.V. Vatheeswaran v. State of Tamil Nadu[10], it was held that the Articles 14, 19 and 21 are available to the prisoners as well as freemen. Prison walls cannot restrict fundamental rights.

Article 14 of the Indian Constitution stipulates that the State shall not deny to any person equality before the law or the equal protection of laws within the territory of India. Thus, Article 14 envisaged that the like should be treated alike and also provide the notion of reasonable classification. This article protects the prisoners from any discrimination by prison staff, prison authorities and inmates.[11]

Article 19 of the Constitution of India guarantees six freedoms to the all citizens of India. Among these freedoms certain freedoms cannot enjoyed by the prisoners because of the very nature of these freedoms. But the “freedom of speech and expression”[12] and “freedom to become member of an association”[13] are conferred to prisoners as well.

Article 21 of the Indian Constitution states that no person shall be deprived of his life or personal liberty except according to the procedure established by law. Under Article 21 of the Indian Constitution, it is clear that it is available not only to free people, but also to those behind the prison. Following are the rights of prisoners that are implicitly guaranteed by Article 21 of the Indian Constitution:

2.     Right of inmates of protective homes[14],

3.     Right to free legal aid[15],

4.     Right to speedy trial[16],

5.     Right against cruel and unusual punishment,

6.     Right to fair trial,

7.     Right against custodial violence and death in police lock-ups or encounters[17],

8.     Right to live with human dignity,

Apart from these rights of prisoners Constitution of India also provides following rights to the prisoners:-

Right to meet friends and consult lawyer,

Rights against solitary confinement, handcuffing & bar fetters and protection from torture,

Right to reasonable wages in prison.

Prisoner’s rights under the prisons act, 1894

Prisons Act, of 1894 is the first legislation regarding prison regulation in India. This Act mainly focus on reformation of prisoners in connection with the rights of prisoners. Its sections related to reformation of prisoners are:

·        Accommodation and sanitary conditions for prisoners,

·        Provision for the shelter and safe custody of the excess number of prisoners who cannot be safely kept in any prison,

·        Provisions relating to the examination of prisoners by qualified Medical Officer,

·        Provisions relating to separation of prisoners, containing female and male prisoners, civil and criminal prisoners and convicted and under trial prisoners,

·        Provisions relating to treatment of under trials, civil prisoners, parole and temporary release of prisoners.

In 2016, Parliament passed the Prisons (Amendment) Bill 2016, which amends the Prisons Act 1894 to protect the welfare of prisoners. But the Act is still to be passed.

Indian Constitution does not expressly provides for provisions regarding sexual slavery in jails but Articles 14, 19 and 21 implicitly guarantees the prisoners’ rights which can help them fight against custodial rapes, assaults and cruelty happening in jails with them.

Recommendations

As we had clearly mentioned the problems and reasons for sex slavery in prisons. Here, we are suggesting some suggestions to surpass for it.

·        Inclusion of women in the police force should be taken seriously. In the past three years there have been several attempts to increase the number of women in the police force. However, the number of women in police service remains embarrassingly low.

·        Overcrowding should be controlled in prisons.

·        Young and new prisoners should be kept differently from old and hard criminals to avoid such situation.

·        All prisoners irrespective of their age, gender and previous record should be treated equally, without any discrimination.

·        Corruption and other influential practices should be obstructed on a serious ground.

·        Proper and due care should be put upon the prisoners by appointing more staff. Lack of staff is the other main reason for this type of crime.

·        Also, there should be a grievance or complaint forum exclusively made for these prisoners that includes the higher authority of jails to look into the matters related to them.

Megha Ahuja

Pakhi Garg

[1]      Moreland W.H., India at the Death of Akbar, (1920) p. 92.

[2]      "Slavery is not dead, just less recognizable". Csmonitor.com. 1 September 2004. Retrieved 4 December 2011.

[3]         https://bangaloremirror.indiatimes.com/bangalore/cover-story/young-prisoners-used-as-sex-slaves-in-the-central-jail/articleshow/21738424.cms read on 25th September, 2018.

[4]         https://blog.ipleaders.in/abuse-prisoners-indian-jail/ (Last modified on September 26, 2018, 10:13 pm.)

[5]         Tukaram v state of Maharashtra AIR 1979 SC 185.

[6]         AIR 1995 SC 1965

[7]         https://ncw.nic.in/pdfReports/Report_On_Conditions_of_Women_in_Detention_in_The_State_Of_Punjab.pdf (Last modified on 27th September, 2018.)

[8]         https://timesofindia.indiatimes.com/india/supreme-court-shocked-at-over-600-per-cent-overcrowding-in-jails/articleshow/63546393.cms (Last modified on 27th September, 2018.)

[9]         https://www.legalserviceindia.com/articles/po.htm (Last modified on 26th September, 2018.)

[10]      AIR 1983 SC 361: (1983) 2 SCC 68.

[11]      Chowdhury Roy Nitai, “Indian Prison Laws and Correction of Prisoners”, Deep and Deep Publications, New Delhi, 2002, p.75

[12]      Article 19(1)(a) of the Constitution of India.

[13]      Article 19(1)(c) of the Constitution of India.

[14]      Upendra Baxi v. State of U.P., (1983) 2 SCC 308.

[15]      M.H. Hoskot v. State of Maharashtra, (1978) 3 SCC 544.

[16]      Hussainara Khatoon v. State of Bihar, (1980) 1 SCC 81.

[17]      D.K. Basu v. State of W.B., (1997) 1 SCC 416.

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