Human Rights Violations of Kashmiri Prisoners: Need For A Modern Justice Based Approach

Abstract

The management of prison& prisoners is an important aspect of criminal justice delivery system. The change in emphasis from mere custody to correction & from punishment to reformation at the International & National level,courtesy the norm-setting organs operative at different levels, emphasizes the need to have a relook at the prison administration. Unfortunately but, the guidelines emanating from these International & National forums have not been implemented in letter & spirit, leading to the decline in justice administration in this area of vital concern. The situation becomes even more pathetic when it comes to the grief-stricken region of Kashmir, were mostly prisoners comprise not of the criminals, as understood in the normal parlance but of people with banned political affiliations or with a revolutionary bent. Irrespective of the nature of indictment, the prisoners continue to remain human beings & as such don't lose their fundamental rights merely by being prisoners. They continue to deserve a standard of treatment, of course subject to any valid restrictions but such restrictions ought not to be arbitrary & unreasonable.