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Anukul Chandra Pradhan V. Union of India. Air 1997 Sc 2814 - the 'Rich' Prison Jurisprudence?

By Prof. (Dr.) R. Venkata Rao

Published In

Air 1998

The Supreme Court of India very deservingly received the encomiums of the right thinking people for its concern for marginalised sections, especially the prisoners. The rights of prisoners have received a fresh lease of life because of the activist forays of the Supreme Court. But, unfortunately the recent decision of the Court in the case of Anukul Chandra Pradhan v. Union of India (AIR 1997 SC 2814 — hereinafter referred as Pradhan) raises certain genuine apprehensions in the minds of the human rights activists. The decision in the afore said case is to a certain extent a reversal of the ongoing crusade of the Court for ameliorating conditions of prisons. Do the prison walls and iron bars now act as barriers? Are not the prisoners entitled even to the statutory rights, leave alone fundamental rights' Is the Supreme Court no more a sentinel of the qui vive? Have the prisoners again become the forgotten species of humanity? Has the Court again become the handmaiden of the rich ....

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