Human Rights – Issues, Challenges and Contemporary Concerns:
Undertrials, Prisoners and Prisoners of War (P.O.Ws)
(Indian and International Context)
The condition of undertrials, prisoners, and prisoners of war (P.O.Ws) represents a critical test of the human rights commitment of states and societies. These categories involve individuals who are either deprived of liberty by the state or placed in situations of extreme vulnerability due to conflict and war. Their treatment reveals the extent to which human rights are respected not only in times of peace but also in situations of coercion, punishment, and armed conflict.
In both national and international contexts, these groups raise fundamental questions about justice, dignity, due process, state power, and humanitarian obligations. The manner in which undertrials, prisoners, and P.O.Ws are treated is often considered a benchmark of the moral and democratic character of a political system.
Deprivation of Liberty and Human Rights
The deprivation of liberty does not imply the deprivation of human rights. Human rights theory maintains that punishment or detention must never negate an individual’s inherent dignity and basic entitlements.
Core human rights applicable to undertrials, prisoners, and P.O.Ws include:
- Right to life and dignity
- Protection against torture and cruel, inhuman, or degrading treatment
- Right to fair trial and due process
- Right to humane conditions of detention
Violations in custodial and detention settings are particularly serious because the state exercises total control over the individual.
Undertrials: Presumption of Innocence and Human Rights
Undertrials are individuals who are accused of offences but have not yet been convicted by a court of law. From a human rights perspective, they are entitled to the presumption of innocence, a cornerstone of criminal justice.
In India, undertrials constitute a significant proportion of the prison population, raising serious concerns about:
- Prolonged detention without conviction
- Delays in investigation and trial
- Denial of bail due to poverty and lack of legal assistance
- Overcrowding and inhumane prison conditions
These issues reflect structural weaknesses in the criminal justice system and highlight the gap between constitutional guarantees and lived realities.
The Constitution of India guarantees personal liberty and due process, yet excessive pre-trial detention often converts undertrial imprisonment into punishment without conviction, violating basic human rights.
Prisoners: Punishment, Reform, and Dignity
Prisoners are individuals lawfully convicted and sentenced by courts. However, imprisonment does not strip individuals of their fundamental human rights. The purpose of incarceration in a democratic system is not only punishment but also reformation and rehabilitation.
Human rights concerns relating to prisoners include:
- Custodial violence and deaths
- Overcrowding and lack of sanitation
- Inadequate healthcare and nutrition
- Denial of legal aid and family contact
The judiciary, particularly the Supreme Court of India, has repeatedly affirmed that prisoners retain all fundamental rights except those necessarily curtailed by incarceration. Judicial interventions have expanded prisoners’ rights to include humane treatment, legal aid, and protection from abuse.
Structural Causes of Prison Rights Violations
Human rights violations in prisons are not merely the result of individual misconduct but are rooted in structural and institutional failures, such as:
- Over-criminalization of poverty
- Excessive reliance on incarceration
- Inadequate prison infrastructure and staff
- Social prejudice against detainees
Marginalized communities are disproportionately represented among undertrials and prisoners, revealing the intersection of human rights with class, caste, and economic inequality.
Prisoners of War (P.O.Ws) and International Humanitarian Law
Prisoners of War are combatants captured during armed conflict and are protected under international humanitarian law. Their treatment is governed primarily by the Geneva Conventions.
Human rights and humanitarian principles applicable to P.O.Ws include:
- Humane treatment without discrimination
- Protection from torture and violence
- Right to communication with families
- Protection from public humiliation
P.O.Ws are not criminals but enemy combatants who are hors de combat. Any mistreatment of P.O.Ws constitutes a violation of international law and may amount to war crimes.
Human Rights, National Security, and Exceptionalism
A recurring challenge in the protection of undertrials, prisoners, and P.O.Ws is the invocation of national security. States often justify prolonged detention, harsh interrogation, and suspension of rights in the name of security or emergency.
From a human rights perspective, such exceptionalism is deeply problematic. Even during emergencies and armed conflict, certain rights—such as protection from torture and arbitrary deprivation of life—are non-derogable.
Access to Justice and Oversight Mechanisms
Effective protection of the rights of detainees requires:
- Independent judicial oversight
- Access to legal representation
- Transparent prison administration
- Monitoring by human rights institutions
Without accountability mechanisms, detention spaces risk becoming zones of legal invisibility, where rights violations occur with impunity.
Contemporary Challenges
In contemporary times, new challenges have intensified concerns regarding detainees’ rights:
- Overcrowding due to mass incarceration
- Use of preventive detention laws
- Prolonged detention in terrorism-related cases
- Treatment of detainees in asymmetric warfare
These developments underscore the need for a renewed commitment to human rights principles in criminal justice and international conflict.
Human Rights, Democracy, and the Rule of Law
The treatment of undertrials, prisoners, and P.O.Ws is a crucial indicator of the strength of the rule of law. Democracies are distinguished not by how they treat the powerful, but by how they treat those who are powerless and confined.
Human rights demand that punishment and security measures operate within the bounds of legality, proportionality, and dignity.
Conclusion
Undertrials, prisoners, and prisoners of war occupy the most vulnerable position in the human rights landscape because they exist under conditions of enforced dependency and control. Their experiences expose the tension between state power and individual rights.
The Indian and global experience demonstrates that the true test of human rights lies not in constitutional promises alone, but in the everyday practices of detention, punishment, and conflict management. Protecting the rights of undertrials, prisoners, and P.O.Ws is not an act of leniency but a constitutional, legal, and moral obligation, essential to justice, democracy, and human dignity.
References
- Constitution of India
- Baxi, Upendra. The Future of Human Rights
- Foucault, Michel. Discipline and Punish
- International Committee of the Red Cross. Commentary on the Geneva Conventions
- Supreme Court of India Judgments on Prison Reforms
