P-ISSN: 2789-9497, E-ISSN: 2789-9500
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2025, Vol. 5, Issue 2, Part C
Psychological degradation of prisoners in India and its relation to Article 21 of the Indian constitution
Author(s): Viveka Jangra and Somlata Sharma
Abstract: The study interrogates the pervasive phenomenon of psychological degradation within Indian prisons, situating it against the constitutional ethos of human dignity enshrined in Article 21 of the Indian Constitution. It contends that systemic neglect, custodial violence, and the absence of structured mental healthcare have transformed lawful confinement into a state of existential disintegration. Through a jurisprudential reading of Article 21 and allied judicial precedents, the research redefines “life and personal liberty” as encompassing the psychological integrity of the incarcerated, thus rendering mental health a constitutional entitlement rather than a benevolent concession.
Engaging with the normative interface between constitutional morality and penal philosophy, the study exposes the moral dissonance between India’s reformative ideals and its punitive realities. A comparative exposition of the Norwegian correctional paradigm, grounded in normalization and equivalence of care, demonstrates the viability of a humanistic model where punishment operates within the bounds of dignity, empathy, and therapeutic intervention.
Ultimately, the discourse advances the argument that the Indian State’s carceral obligation is not exhausted by physical custody but extends to the preservation of mental equilibrium. It advocates the reconstitution of the prison system through independent mental health governance, architectural humanization, and rehabilitative modalities such as meditation and vocational therapy—thus transforming incarceration from an instrument of retribution into an agency of reformation consonant with the constitutional promise of dignified existence.
DOI: 10.22271/27899497.2025.v5.i2c.162
Pages: 193-200 | Views: 60 | Downloads: 30
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How to cite this article:
Viveka Jangra, Somlata Sharma. Psychological degradation of prisoners in India and its relation to Article 21 of the Indian constitution. Int J Criminal Common Statutory Law 2025;5(2):193-200. DOI: 10.22271/27899497.2025.v5.i2c.162
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