INTRODUCTION: NATURE AND MEANING OF HUMAN RIGHTS
Before discussing the human rights of prisoners from the point of view of international as well as national perspective it is necessary to first to know about the meaning and nature of human rights. Human rights are those rights which are essential for every human being either a normal human being or a prisoner. It can be said that human rights rests upon the idea i.e., every human being is entitled to enjoy his or her rights without distinction or discrimination of any kind like discrimination on the basis of caste, religion, race, nationality etc. Human rights are essential for the complete development of human personality, and for human happiness. Human rights when they are guaranteed by a written constitution are known as “Fundamental Rights” because a written constitution is the fundamental law of the state. Human rights of people have been protected by various international and national instruments including the Constitution of India.
It is significant to note that the idea of human rights is bound up with the idea of human dignity. Human rights are a special sort of inalienable moral entitlement. They attach to all persons equally, by virtue of their humanity, irrespective of race, nationality, or membership of any particular social group. Human rights belong to an individual as a consequence of being human. Human rights are indivisible and interdependent and therefore precisely there cannot be different kinds of human rights. All human rights are equal in importance and are inherent in all human beings.
According to Durga Das Basu “Human rights are those minimal rights, which every individual must have against the State, or other public authority, by virtue of his being a ‘member of human family’ irrespective of any consideration.” As Per the Universal Declaration of Human Rights (UDHR), 1948, the term “human rights” means rights derived from the inherent dignity of the human person. In India, the Protection of Human Rights Act, 1993 defines the term “human rights” and as per this Act “human rights means the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by Courts in India.” In India, the Parliament enacted the Protection of Human Rights Act, 1993 to provide protection to every human being of their human rights which all they are entitled and to constitute National Human Rights Commission, State Human Rights Commission and Human Rights Courts for better protection of human rights.
In a nutshell it can be said that following are the features of the human rights:-
- Human rights are inalienable.
- Human rights are essential and necessary.
- Human rights are in connection with human dignity.
- Human rights are irrevocable.
- Human rights are universal.
- Human rights are never absolute.
- Human rights are dynamic.
- Human rights are necessary for the fulfillment of purpose of life.
Whether a human right is legal right?
An important question is arose while we discussing about the human rights i.e., whether a human right is legal right? The answer is in affirmative because human rights belongs to human beings and the State has the corresponding duty to protect the rights of human beings. The international instruments like International Covenant on Civil and Political Rights, 1966 and International Covenant on Economic, Social and Cultural Rights, 1966 states that it is obligation of States to promote universal respect for and observance of human rights and freedoms. Similarly it has been stated under the Declaration of the Human Rights Defenders which has been adopted by the General Assembly of the United Nations on December 9, 1998 that each State has the prime responsibility and duty to protect, promote and implement all human rights by adopting necessary measures. Therefore, it can be said that the human right is a legal right.
WHO IS A PRISONER?
In simple terms it can be said that prisoner is a person legally committed to prison as a punishment for a crime or while awaiting trial. A prisoner is a person who is kept in a prison as a punishment for a crime that they have committed. The word ‘prisoner’ means any person who is kept under custody in jail or prison because he/she committed an act prohibited by law of the land. A prisoner also known as an inmate is anyone who, against their will, is deprived of liberty. This liberty can be deprived by forceful restrain or confinement.
The term “prisoner” has not been defined under the Prisons Act, 1894 but the Act itself classified the prisoners into two categories i.e., Criminal Prisoner and Civil Prisoner. The term “Criminal Prisoner” means any prisoner duly committed to custody under the writ, warrant or order of any Court or authority exercising criminal jurisdiction, or by order of a Court-martial. And the term “Civil Prisoner” means any prisoner who is not a criminal prisoner.
HUMAN RIGHTS AND PRISONERS
Prisoners are also entitled to every human right to some extent as a normal human being when they are behind the prison but these rights are subjected to the conditions prescribed by law. The rights of prisoners are guaranteed by various international instruments as well as national instruments. Prisoners are persons and have some rights and do not lose their basic constitutional rights. One of the best tenets of human rights law is that human rights are inalienable and under no circumstances can any authority take away a person’s basic human rights. The fact that this tenet is not sometimes made applicable to prisoners is well documented.
For the proper understanding of the human rights of prisoners we may divide it into two broad categories:-
- Rights of Prisoners guaranteed under various International Instruments.
- Rights of Prisoners guaranteed under various National Instruments including the Constitution of India.
Now these above two points can be discussed in detail hereunder:-
Rights of Prisoners guaranteed under various International Instruments:-
The provisions relating to the rights and treatment of the prisoners are contained in various international instruments like the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the United Nations Standard Minimum Rules for the Treatment of Prisoners, the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment and the United Nations Basic Principles for the Treatment of Prisoners etc. Now we are discussing the provisions contained in these international instruments regarding the rights and treatment of prisoners one by one as hereunder:-
The Universal Declaration of Human Rights (UDHR)
The General Assembly of the United Nations (UN) adopted the Universal Declaration of Human Rights (UDHR) on December 10, 1948 to promote the human rights in the world. It has been stated under Article 1 of the UDHR that all human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. Article 2 of the UDHR provides that everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. It would be clear that the term “all human beings” used in Article 1 and the term “everyone” used in Article 2 also includes prisoners.
Article 3 of the UDHR states that everyone has the right to life, liberty and security of person. Right to life is one of the basic human rights and is available to both either to prisoner or to freemen. Prisoners are not subjected to torture, cruel, inhuman treatment in the prisons. It would be clear from the language of the Article 5 of the UDHR which states that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
The International Covenant on Civil and Political Rights (ICCPR)
Regarding the treatment of prisoners provisions are made in the International Covenant on Civil and Political Rights (ICCPR) which has been adopted by the General Assembly of the United Nations adopted on December 16, 1966 and came into force on March 23, 1976. Article 6(1) of the ICCPR grants every human being whether prisoner or freemen inherent right to life. This right shall be protected by law and no one shall be arbitrarily deprived of his life. It has been further provided under Article 7 of the ICCPR that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
Article 10 of the ICCPR which is most important Article in respect of treatment of prisoners. It provides that all persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person. The distinction must be made between the accused persons and convicted persons. Accused persons must be segregated from convicted persons and must be accorded separate treatment appropriate to their status as unconvicted persons. However, exceptions may be made in exceptional circumstances. Similar provisions are made for accused juvenile persons. They should be separated from adults and brought as speedily as possible for adjudication. The essential aim of the treatment of prisoners should be their reformation and social rehabilitation.
The United Nations Standard Minimum Rules for the Treatment of Prisoners
It has been adopted by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held at Geneva in 1955, and approved by the Economic and Social Council by its resolutions 663 C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May 1977. The United Nations Standard Minimum Rules for the Treatment of Prisoners contains so many rules regarding the rights and treatment of prisoners but we can only provide some of them which are most important. These are as follows:-
- Provisions relating to the separation of categories of prisoners.
- Provisions relating to the accommodation.
- Provisions relating to the clothing and bedding.
- Provisions relating to the food.
- Provisions relating to the exercise and sport.
- Provisions relating to the medical services.
- Provisions relating to the protection of prisoners against double jeopardy.
- Provisions relating to the prohibition of corporeal punishment, punishment by placing in dark cell, and all cruel, inhuman or degrading punishment.
- Provisions relating to the information to and complaints by prisoners.
- Provisions relating to the rights of prisoners to contact with their family and reputable friends.
Apart from these rules the United Nations Standard Minimum Rules for the Treatment of Prisoners also made rules regarding the treatment of prisoners under sentence, insane and mentally abnormal prisoners, prisoners under arrest or awaiting trial, civil prisoners and persons arrested or detained without charge in a detailed manner.
The European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
The European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment entered into force on 1 March 2002. The Convention establishes the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (the Committee). The Committee is permitted to visit all places of detention, defined by the convention as “any place within its jurisdiction where persons are deprived of their liberty by a public authority.” Once a state government is notified of the intention of the Committee to carry out a visit it is required to allow access to the territory with the right to free travel without restriction, full information of the facility in question, unlimited access to the facility and free movement within it, the right to interview any person being held within the facility, communicate freely with any person whom it believes can supply relevant information and access to any other information which the Committee feels is necessary to carry out its task. All information gathered is confidential. In exceptional circumstances a state may make representations based on grounds of national defence, public safety, and serious disorder in custodial facilities against a visit to a certain place or at a certain time. After each visit a report is drawn up with any possible suggestions to the state in question.
United Nations Basic Principles for the Treatment of Prisoners
Apart from these above international instruments concerning the rights and treatment of prisoners, there is a United Nations Basic Principles for the Treatment of Prisoners which has been adopted by the General Assembly on December 14, 1990 which clearly states that all prisoners should be treated with due respect for their inherent dignity and value as human beings without discrimination of any kind. They should be accorded with all the human rights and fundamental freedoms set out in universally recognized international instruments except the freedom of movement.
Rights of Prisoners guaranteed under various National Instruments including the Constitution of India:-
Prisoners are entitled to almost all the human rights as a normal human being in India but these rights are subjected to the reasonable restrictions as prescribed by law. The Indian State is a signatory to various international instruments of human rights, like the Universal Declaration of Human Rights and International Covenant on Civil and Political Rights etc. and these international instruments guaranteed human rights to everyone including prisoner. So the Indian State is obliged to uphold and ensure observances of basic human rights of the prisoners as well as freemen. For the proper understanding of the human rights of prisoners as guaranteed by the various national instruments it can be divided into two parts which are as follows:-
- Rights of Prisoners under the Constitution of India
- Rights of Prisoners under the Prisons Act, 1894
Rights of Prisoners under the Constitution of India
The Constitution of India does not expressly provide the provisions related to the rights of prisoners but in the case of T.V. Vatheeswaran v. State of Tamil Nadu, it was held that the Articles 14, 19 and 21 are available to the prisoners as well as freemen. Prison walls do not keep out fundamental rights. The Supreme Court of India, by interpreting Article 21 of the Constitution, has developed human rights jurisprudence for the preservation and protection of prisoners’ rights to human dignity. Prisoners are entitled to all the constitutional rights unless their liberty has been constitutionally curtailed.
Article 14 of the Constitution of India says that the State shall not deny to any person equality before law or the equal protection of laws within the territory of India. Thus Article 14 contemplated that like should be treated alike, and also provided the concept of reasonable classification. This article is very useful guide and basis for the prison authorities to determine various categories of prisoners and their classifications with the object of reformation.
Article 19 of the Constitution of India guarantees six freedoms to the all citizens of India. Among these freedoms certain freedoms cannot enjoyed by the prisoners because of the very nature of these freedoms. The convicts by mere reason of their conviction are deprived of some of their fundamental rights such as right to move freely throughout the territory of India or the right to practice a profession.
Article 21 of the Constitution of India says that no person shall be deprived of his life or personal liberty except according to procedure established by law. This Article stipulates two concepts i.e., right to life and principle of liberty. By Article 21 of the Indian Constitution it is clear that it is available not only for free people but also to those people behind the prison. Article 21 casts an obligation upon the State to preserve the life of every person, whether innocent or guilty.
The Supreme Court in the case of People’s Union of Democratic Rights v. Union of India, focused on the importance of human dignity by saying that the right to life guaranteed under Article 21 is not confined merely to physical existence or the use of any faculty or limb through which life is enjoyed, it also includes within its scope and ambit the right to live with basic human dignity and the State cannot deprive any one of this precious and invaluable right without just, fair and reasonable procedure established by law. Again in the case of State of Andhra Pradesh v. Challa Ram Krishna Reddy, the Supreme Court made the observation that the right to life is one of basic human rights and held that even a prisoner, be he a convict or under-trial or a detenu continues to enjoy all his fundamental rights including the right to life guaranteed to him under the Constitution. However, the convicts by mere reason of their conviction are deprived of some of their fundamental rights such as right to move freely throughout the territory of India or the right to practice a profession. It was also held that on being convicted of crime and deprived of their liberty in accordance with the procedure established by law, prisoners still retain the residue of constitutional rights. Here it is important to know about the term “procedure established by law”, it was firstly held in the cases of A.K. Gopalan v. State of Madras and A.D.M. Jabalpur v. Shivakant Shukla that the term “procedure established by law” in Article 21 means procedure prescribed by law as enacted by the State and rejected to equate it with the American “due process of law” (due process of law means to enshrine the principles of natural justice). But in the case of Maneka Gandhi v. Union of India, the Supreme Court pronounce protection under Article 21 against the legislature also and held that the procedure established by law for depriving a person of his life and personal liberty must be just, fair and reasonable and not arbitrary, fanciful or oppressive; otherwise it would be no procedure at all and the requirements of Article 21 would not be satisfied.
The case of Sunil Batra v. Delhi Administrationis a landmark case concerning the important suggestions for safeguarding the rights of the prisoners. These suggestions were made by Justice Krishna Iyer which are as follows:-
- Prisoners ‘under sentence of death’ shall not be denied any of the community amenities, including games, newspapers, books, moving around and meeting prisoners and visitors, subject to reasonable regulations of prison management.
- Prisoners ‘under sentence of death’, if desires loneliness for reflection and remorse, for prayers and making peace with his maker, or opportunities for meeting family or friends such facilities shall be liberally granted.
- Reckless handcuffing and chaining in public degrades, puts to shame finer sensibilities and is a slur on our culture.
- Bar fetters should be for short spells, light and never applied if sores exist. Bar fetters should not be imposed arbitrarily. Victims should be given a hearing before imposing bar fetters and he shall be provided with grounds for fetters. And where the decision to fatter is made, the reasons shall be recorded in the journal and in the history ticket of the prisoner in the State language. If he is a stranger to that language it shall be communicated to him, as far as possible in his language.
- Bar fetters shall not continue beyond day time. The prolonged continuance of bar fetters, as punitive and preventive steps shall be subject to previous approval by Chief Judicial Magistrate or Sessions Judge.
- Legal aid should be given to prisoner to seek justice from prison authorities, and, if need be, to challenge the decision in Court in cases they are too poor to secure on their own.
Following are the rights of prisoners which are implicitly provided under the Article 21 of the Constitution of India:-
- Rights of inmates of protective homes.
- Right to free legal aid.
- Right to speedy trial.
- Right against cruel and unusual punishment.
- Right to fair trial.
- Right against custodial violence and death in police lock-ups or encounters.
- Right to live with human dignity.
- Right to meet friends and consult lawyer.
- Rights against solitary confinement, handcuffing & bar fetters and protection from torture.
- Right to reasonable wages in prison.
- Right to compensation for wrongful arrest, detention and torture.
- Right against delayed execution.
- Right against public hanging.
- Right of release and rehabilitation of bonded labour.
Apart from these above rights, prisoners are also entitled to following rights:-
- Right to punishment as prescribed by law.
- Right to communication and information.
- Right to writ of habeas corpus.
It is significant to note that an undertrial or convicted prisoner cannot be subjected to a physical or mental restraint- a) which is not warranted by the punishment awarded by the court, or b) which is in excess of the requirements of prisoners discipline, or c) which constitutes human degradation.
Rights of Prisoners under the Prisons Act, 1894
Prisons Act of 1894 is the first legislation regarding prison regulation in India. This Act mainly focus on reformation of prisoners in connection with the rights of prisoners. In the year of 2016 the Parliament has been passed the Prisons (Amendment) Bill, 2016 to amend the Prisons Act, 1894 with a view to provide protection and welfare of the prisoners in the present context and in tune with the Constitution of India and to create an atmosphere to rehabilitate and socialize prisoners to enable them to re-inter the society. Following Sections of the Prisons Act, 1894 [including the provisions of the Prisons (Amendment) Act, 2016] are related with the reformation of prisoners:-
- Accommodation and sanitary conditions for prisoners.
- Provisions for the shelter and safe custody of the excess number of prisoners who cannot be safely kept in any prison.
- Provisions relating to the examination of prisoners by qualified Medical Officer.
- Provisions relating to separation of prisoners, containing female and male prisoners, civil and criminal prisoners and convicted and undertrial prisoners.
- Provisions relating to the prisoner’s right to health.
- In case of a pregnant prisoner, her diet and work allocation shall be determined as per medical advice.
- A pregnant prisoner shall be entitled to grant of conditional parole for thirty days from the expected date of delivery or thirty days from the date of delivery if the delivery takes place while she is in prison.
- Provisions relating to the maintenance of hygiene or sanitation in jail premises so the prisoners could maintain their health.
- Provisions relating to the establishment of separate prisons to keep habitual and hardcore offenders separately from the first time offenders and the offenders convicted for lesser crimes.
- Provisions relating to the skill training in prisons provided to the prisoners and conduct workshops and seminarson such subjects as would be helpful for rehabilitation of and for educating the prisoners.
WAYS OF VIOLATION OF HUMAN RIGHTS OF PRISONERS
There are so many ways in which the human rights of prisoners should be violated in worldwide. These are as follows:-
- Disturbing conditions of the prisons.
- Custodial death.
- Physical torture.
- Police excess.
- Degrading treatment.
- Custodial rape.
- Poor quality of food.
- Lack of water supply.
- Poor health system support.
- Not producing the prisoners to the Court.
- Unjustified prolonged incarceration.
- Forced labour.
- Any other problem created by the Jail authorities.
In India, the Supreme Court in the case of Rama Murthy v. State of Karnataka, has observed that the Indian prisons faced the following problems in the context of the rights and treatment of the prisoners:-
- 80% prisoners are under-trials.
- Delay in trial.
- Even though bail is granted, prisoners are not released.
- Lack or insufficient provisions of medical aid to prisoners.
- Callous and insensitive attitude of Jail authorities.
- Punishment carried out by Jail authorities not coherent with punishment given by the Court.
- Harsh mental and physical torture.
- Lack of proper legal aid.
- Corruption and other malpractices.
It can be said that the prisoners are also entitled to all his fundamental rights while they are behind the prisons. Indian Constitution does not expressly provides for the prisoners’ rights but Articles 14, 19 and 21 implicitly guaranteed the prisoners’ rights and the provisions of the Prisons Act, 1894 contains the provisions for the welfare and protection of prisoners. The Court has ruled that it can intervene with prison administration when constitutional rights or statutory prescriptions are transgressed to the injury of the prisoner. Supreme Court in many cases held that prisoner is a human being, a natural person and also a legal person. Being a prisoner he does not cease to be a human being, natural person or legal person. Conviction for a crime does not reduce the person into a non person, whose rights are subject to the whim of the prison administration and therefore, the imposition of any major punishment within the prison system is conditional upon the absence of procedural safeguards. The Indian State is a signatory to various international instruments of human rights, like the Universal Declaration of Human Rights and International Covenant on Civil and Political Rights etc. The Universal Declaration of Human Rights states that “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” The International Covenants on Civil and Political Rights states that “all persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.” Therefore, both under national as well as international human rights law, the state is obliged to uphold and ensure observances of basic human rights.
 Dr. H.O. Agarwal, International Law and Human Rights 754 (Central Law Publications, Allahabad, 20th ed., 2014).
 http://www.abyssinialaw.com/study-on-line/item/942-nature-and-definition-of-human-rights, (accessed on 16th Jan, 2018).
 Dr. H.O. Agarwal, International Law and Human Rights 756 (Central Law Publications, Allahabad, 20th ed., 2014).
 The Protection of Human Rights Act, 1993, Section 2(1) (d).
 Collins English Dictionary, available at https://www.collinsdictionary.com/dictionary/english/prisoner, (accessed on 16th Jan, 2018).
 Human Rights Violation of Prisoners in India, available at https://blog.ipleaders.in/human-rights/, (accessed on 16th Jan, 2018).
 The Prisons Act, 1894, Section 3(2).
 Ibid. Section 3(4).
 Commonwealth Human Rights Initiative and Madhya Pradesh Human Rights Commission, Report on Workshop on Prisons and Human Rights, 1998, p.3.
 The International Covenant on Civil and Political Rights, Article 10, paragraph 1.
 Ibid. Article 10, paragraph 2(a).
 Ibid. Article 10, paragraph 2(b).
 Ibid. Article 10, paragraph 3.
 The UN Standard Minimum Rules for the Treatment of Prisoners, Rule 8.
 Ibid. Rules 9 to 14.
 Ibid. Rules 17 to 19.
 Ibid. Rule 20.
 Ibid. Rule 21.
 Ibid. Rules 22 to 26.
 Ibid. Rule 30.
 Ibid. Rule 31.
 Ibid. Rules 35 to 36.
 Ibid. Rules 37 to 39.
 https://en.wikipedia.org/wiki/Prisoners%27_rights_in_international_law, (accessed on 19th Jan, 2018).
 AIR 1983 SC 361.
 Dr. U. Chandra, Human Rights 113 (Allahabad Law Agency Publications, Allahabad, 8th ed., 2010).
 Nitai Roy Chowdhury, Indian Prison Laws and Correction of Prisoners 75 (Deep and Deep Publications, New Delhi, 2002).
 State of Andhra Pradesh v. Challa Ram Krishna Reddy, AIR 2000 SC 2083.
 Paramanand v. Union of India, (1989) 4 SCC 286.
 AIR 1982 SC 1473.
 AIR 2000 SC 2083.
 AIR 1950 SC 27.
 AIR 1976 SC 1207.
 AIR 1978 SC 597.
 AIR 1978 SC 1675.
 Dr. U. Chandra, Human Rights 115 (Allahabad Law Agency Publications, Allahabad, 8th ed., 2010).
 Upendra Baxi v. State of U.P., (1983) 2 SCC 308.
 M.H. Hoskot v. State of Maharashtra, (1978) 3 SCC 544; the Constitution of India, Article 39-A.
 Hussainara Khatoon v. State of Bihar, (1980) 1 SCC 81.
 Jagmohan Singh v. State of U.P., AIR 1973 SC 947.
 Rattiram v. State of M.P., (2012) 4 SCC 516.
 D.K. Basu v. State of W.B., (1997) 1 SCC 416.
 Jeeja Ghosh v. Union of India, (2016) 7 SCC 761.
 Sunil Batra v. Delhi Administration, AIR 1980 SC 1579.
 Prem Shankar Shukla v. Delhi Administration, AIR 1980 SC 1535.
 People’s Union for Democratic Rights v. Union of India, AIR 1982 SC 1473.
 Rudal Shah v. State of Bihar, AIR 1983 SC 1086; Bhim Singh v. State of J & K, (1985) 4 SCC 677.
 T.V. Vatheeswaran v. State of Tamil Nadu, AIR 1983 SC 361.
 A.G. of India v. Lachma Devi, AIR 1986 SC 467.
 Bandhua Mukti Morcha v. Union of India, AIR 1984 SC 802.
 P.M. Bakshi, The Constitution of India 79 (Universal Law Publishing, New Delhi, 14th ed., 2017).
 The Prisons Act, 1894, Section 4.
 Ibid. Section 7.
 Ibid. Section 24(2).
 Ibid. Section 27.
 Ibid. Sections 37 to 39.
 Ibid. Section 26A (1) [As inserted by the Prisons (Amendment) Act, 2016].
 Ibid. Section 26A (2) [As inserted by the Prisons (Amendment) Act, 2016].
 Ibid. Section 39A [As inserted by the Prisons (Amendment) Act, 2016].
 Ibid. Section 58A [As inserted by the Prisons (Amendment) Act, 2016].
 Ibid. Section 58E [As inserted by the Prisons (Amendment) Act, 2016].
 Ibid. Section 58F [As inserted by the Prisons (Amendment) Act, 2016].
 (1997) 2 SCC 642.
 The Universal Declaration of Human Rights, Article 5.
 The International Covenants on Civil and Political Rights, Article 10(1).
Author: Ritesh Kumar, Student- LLM, NALSAR Hyderabad
Note: The above article has been published in Legal Desire International Journal on Law (ISSN: 2347-3525) Jan 2018 Edition