A man whether under trial or convicted prisoner ishaving all fundamental rights like human being residing in society except somerestrictions imposed by his incarceration. India is a secular country. Theconcept of the administration of justice in India had been influenced forcenturies by different age-old religious beliefs. For instance, under the Hindujurisprudence, the administration of criminal justice was carried out inaccordance with the socio-religious doctrines coming from Vedic revelationslike the Srutis, Smritis, Puranas, Nibandh and Granthas. The judicial functions were conducted by the villageassemblies (assemblies of seniors and leaders of villages), or the Kingsthemselves.
The Hindu doctrine of criminal justice administration paid littleor no attention on the right of the accused. Another instance comes from theMuslim concept of the administration of justice, based on the scriptures andprinciples of the Quoran. The Muslim philosophy of administration of justicelooked upon the accused as a sinner; consequently, the sinner had to besubjected to social deprivation (Mehraj-Ud-Din,1985).1 Themodern version of human rights jurisprudence may be said to have taken birth inIndia at the time of British rule. When the British ruled India, resistance toforeign rule manifested itself in the form of demand for fundamental freedomsand the civil and political rights of the people. The doctrine behindpunishment for a crime has been changed a lot by the evolution of new humanrights jurisprudence. The concept of reformation has become the watchword forprison administration. Human rights jurisprudence advocates that no crimeshould be punished in a cruel, degrading or in an inhuman manner.
2The punishment amounting to cruel, degrading or inhuman should be treated as anoffence by itself. Judicially non enforceable rights in Part IV of theConstitution are chiefly those of economic and social character. However,Article 37 makes it clear that their judicial non enforceability does notweaken the duty of the State to apply them in making laws, since they arenevertheless fundamental in the governance of the county. Additionally, theinnovative jurisprudence of the Supreme Court has now read into Article 21 (theright to life and personal liberty) many of these principles and made themenforceable.