A STUDY ON THE ROLE OF EXECUTIVE AND JUDICIARY WITH RESPECT TO THE RIGHTS OF PRISONERS
By Shreeya Agrawal
Prison administration is integral towards the proper functioning of criminal justice system. States have the primary responsibility and authority to bring about changes in the prison system, through the jail manuals. The life of prisoners is largely governed by the decision-making powers of Superintendent of Jails, empowered by jail manuals and the Prisons Act 1849. Whether those powers go unfettered or not goes unchecked. The only redressal largely available is through courts by writ petitions or violations of fundamental rights. However, the issue of this paper is to understand the wide ambit of powers given and the little accountability established; and whether these powers are arbitrary. This paper deals with the role of executive and judiciary in upholding the fundamental rights of prisoners. It also aims to explain that with powers, accountability should be established not just through judiciary, but a mechanism for the same should be established with the executive as well.
Keywords: Prison Administration, Judiciary, Prisoner Rights, Model Prison Manuals.
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