Women In Prison: A Human Rights Perspective in the Indian Criminal Justice System

Since immemorial time, women have been the most neglected and vulnerable group of society. In the ancient and medieval era, the concept of prison was not applicable to women offenders. During the British colonial era in India, Britishers created the system of prison and also made some provisions for women prisoners. If a woman is a prisoner, then her total life and the life of the next generation affect the social structure. So, their rights in prisons need to be protected. The concept of prison is the product of the Positive School of Criminology. Positivists consider that the purpose of punishment is to bring change in the life of the offender. Hence, imprisonment is widely accepted as a form of punishment. Hence, a number of initiatives regarding prisons have been taken by national and international authorities. Institutions must take cognizance of women prisoners not becoming victims of authority because life in jail is life in hail. Equal protection is the basic right of every human being without discrimination in any form. Indian Legal system has successfully handled gender discrimination against women or the third gender. Women as indivisible parts of the human race are still struggling for equal presence in all strata of society. Women in Prison is most vulnerable and neglected group of mankind. While understanding the rights of women prisoners, this article is an attempt to review legal arrangements and current challenges in the Indian Criminal Justice System. Their rights specially need to be considered and implemented by the concerned authorities.