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    This document discusses the role of the executive and judiciary in protecting the basic rights of prisoners. It notes that prison management relies heavily on the criminal justice system. While states have the main duty to reform prisons through jail manuals and acts like the Prisons Act of 1849, the lives of inmates are primarily controlled by jail superintendents with broad decision-making powers. The sole avenue for remedy is through the courts via writ petitions or claims of rights violations. However, the study aims to determine if the wide range of uncontrolled powers granted to superintendents and lack of accountability creates arbitrary treatment of prisoners. It argues that accountability should be created not just through the courts but also the executive branch when it comes to use of

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    This document discusses the role of the executive and judiciary in protecting the basic rights of prisoners. It notes that prison management relies heavily on the criminal justice system. While states have the main duty to reform prisons through jail manuals and acts like the Prisons Act of 1849, the lives of inmates are primarily controlled by jail superintendents with broad decision-making powers. The sole avenue for remedy is through the courts via writ petitions or claims of rights violations. However, the study aims to determine if the wide range of uncontrolled powers granted to superintendents and lack of accountability creates arbitrary treatment of prisoners. It argues that accountability should be created not just through the courts but also the executive branch when it comes to use of

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    3 views2 pages

    10.57 Abs AJRSSH

    Uploaded by

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    This document discusses the role of the executive and judiciary in protecting the basic rights of prisoners. It notes that prison management relies heavily on the criminal justice system. While states have the main duty to reform prisons through jail manuals and acts like the Prisons Act of 1849, the lives of inmates are primarily controlled by jail superintendents with broad decision-making powers. The sole avenue for remedy is through the courts via writ petitions or claims of rights violations. However, the study aims to determine if the wide range of uncontrolled powers granted to superintendents and lack of accountability creates arbitrary treatment of prisoners. It argues that accountability should be created not just through the courts but also the executive branch when it comes to use of

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    of 2

    Asian Journal of Research in Asian Research

    consortium
    Social Sciences and Humanities
    www.aijsh.com
    ISSN: 2249-7315
    Vol. 11, Issue 10, October 2021
    SJIF –Impact Factor = 8.037 (2021)
    DOI: 10.5958/2249-7315.2021.00118.0
    ROLE OF EXECUTIVE AND JUDICIARY IN HIGHLIGHTING THE
    RIGHTS OF PRISONERS
    Dal Chand Gautam*
    *Teerthanker Mahaveer Institute of Management and Technology,
    Teerthanker Mahaveer University,
    Moradabad, Uttar Pradesh, INDIA
    Email dcgautambahjoi@yahoo.co.in
    ABSTRACT

    The effective functioning of the criminal justice system relies heavily on prison management.
    Through the jail manuals, states have the main duty and power to bring about reforms in the
    prison system. The lives of inmates are primarily controlled by the decision-making powers of
    the Superintendent of Jails, which are based on jail manuals and the Prisons Act of 1849.
    Whether such abilities are uncontrolled or not is an open question. The sole avenue for
    remedy is via the courts, either through writ petitions or breaches of basic rights. However,
    the purpose of this study is to determine if the broad range of powers granted and the lack of
    accountability created are arbitrary. The role of the government and judiciary in protecting
    the basic rights of prisoners is the subject of this article. It also seeks to demonstrate that
    when it comes to powers, accountability should be created not just via the court, but also
    through the executive branch.

    KEYWORDS: Administration, Criminal, Jail, Prisoners, And Rights.


    REFERENCES
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    Asian Research consortium


    www.aijsh.com
    8. Millhaven Lifers’ Liaison Group, “Advocating for the Human Rights of Prisoners,” J.
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    Asian Research consortium


    www.aijsh.com

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