Human Rights Issues in Prisons notes for jkpsc jail superintendent exam

 

Human Rights Issues in Prisons – Notes

1. Overcrowding

• Indian prisons operate at over 130% capacity (NCRB data).

• Leads to poor hygiene, violence, spread of diseases, and lack of reform opportunities.

2. Custodial Torture

• Violates Article 21 (Right to Life) of the Indian Constitution.

• Includes physical abuse, mental torture, and even deaths in custody.

• India is not a signatory to the UN Convention Against Torture (CAT), though there are demands for ratification.

3. Denial of Medical Care

• Prisoners often suffer due to lack of timely medical attention.

• Leads to deaths and severe health deterioration.

• Violation of basic right to health under human rights jurisprudence.

4. Role of NHRC (National Human Rights Commission)

• Established under the Protection of Human Rights Act, 1993.

• Monitors human rights violations including in prisons.

• Can recommend compensation, inquiries, reforms.

5. State Human Rights Commissions (SHRCs)

• Work at the state level; not all states have active SHRCs.

• Handle local complaints, monitor prisons within the state.

6. UN Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules)

• International benchmark adopted by UN in 2015.

• Emphasizes:

  • Prohibition of torture

  • Medical care

  • Dignified treatment

  • Separation of different categories of prisoners

  • Access to legal aid and communication

• India is expected to align prison practices with these standards.

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📘 MCQ Questions – Human Rights Issues in Prisons

1. Which Article of the Indian Constitution guarantees the Right to Life and Personal Liberty?
   a) Article 14
   b) Article 19
   c) Article 21
   d) Article 25
   ✅ Answer: c) Article 21

2. Which international rule set lays down the standard minimum treatment of prisoners?
   a) Geneva Conventions
   b) Nelson Mandela Rules
   c) Hague Convention
   d) UN Civil Code
   ✅ Answer: b) Nelson Mandela Rules

3. What is the main function of the NHRC in prison-related issues?
   a) Appoint prison officials
   b) Conduct police reforms
   c) Monitor and recommend on human rights violations
   d) Frame laws
   ✅ Answer: c) Monitor and recommend on human rights violations

4. The Nelson Mandela Rules were adopted by the UN in which year?
   a) 1993
   b) 2005
   c) 2010
   d) 2015
   ✅ Answer: d) 2015

5. Custodial torture is a violation of which constitutional right?
   a) Article 19
   b) Article 20
   c) Article 21
   d) Article 32
   ✅ Answer: c) Article 21

6. Which of the following is not a typical human rights issue in Indian prisons?
   a) Overcrowding
   b) Free education
   c) Custodial torture
   d) Denial of medical care
   ✅ Answer: b) Free education

7. India has not ratified which of the following UN conventions?
   a) UN Convention Against Corruption
   b) UN Convention Against Torture
   c) UN Convention on Refugees
   d) UN Convention on Rights of the Child
   ✅ Answer: b) UN Convention Against Torture

8. Which body at the state level addresses human rights violations?
   a) SHRC
   b) NITI Aayog
   c) State Election Commission
   d) Lokayukta
   ✅ Answer: a) SHRC