PWG-Access to Justice and Disciplinary Measures in Indian Prisons: A Case Law Analysis

• In Event: PWG-Disciplining Prisoners: Looking for Pathways to Accessing Justice

Abstract

The paper examines the disciplinary measures employed in Indian prisons through the lens of access to justice, highlighting the challenges faced by inmates in securing fair treatment and due process. Unlike many European prison systems, India lacks comprehensive, standardized data on disciplinary practices. Therefore, this analysis draws on relevant case law and judicial interventions to assess how these measures align with constitutional protections and international human rights standards.
Governed primarily by the Prisons Act, 1894 and various state-level prison manuals, India’s disciplinary framework emphasizes maintaining order and institutional control. However, widespread issues such as overcrowding, understaffing, and administrative biases often hinder inmates’ ability to challenge unfair punishments or seek redress. Disciplinary actions ranging from solitary confinement to the withdrawal of privileges are frequently applied with limited oversight and inconsistent procedural safeguards.
This paper will focus on how Indian courts, particularly the Supreme Court of India and various High Courts, have intervened to uphold prisoners’ rights, ensuring compliance with Articles 14 (Right to Equality) and 21 (Right to Life and Personal Liberty) of the Indian Constitution. Key cases will be analysed to explore how judicial decisions have shaped, challenged, or failed to address systemic inequalities in prison discipline.

Author

• Riolia Mascarenhas, University of Applied Sciences and Arts Dortmund