Section 79 in The West Bengal Correctional Services Act, 1992
79. Rights of prisoners.—
(1)Every prisoner shall have the right of access to law. The Superintendent of every correctional home shall provide every prisoner with all reasonable opportunities for invoking the aid of law in all matters concerning his confinement and matters of personal nature. The right of access to law shall include the right of access to legal service and legal aid.(2)Every prisoner shall have the right—(a)to protection against unlawful aggression on his person or against imposition of ignominy in any manner not authorised by law;(b)to protection against confinement in unhealthy or obnoxious surroundings;(c)of having proper medical care and service for preventing deterioration of his health and for cure of ailment with which he may be attacked;(d)to protection against unreasonable discrimination;(e)to protection against punishment of hardship amounting to punishment, except through procedure established by law and with due opportunity of defence;(f)of being informed of the rules of conduct which may be binding on prisoners and of the amenities and privileges of prisoners admissible under the law;(g)of pursuing his religious faith and performing essential religious rites required by his religious faith in a manner not causing serious disturbance to the routine of the correctional home or annoyance to the other prisoners, and of observing penance in the case of death of the prisoner’s father or mother or husband as the case may be, for the period prescribed by his or her own religious custom;(h)to protection against labour not authorised by law or in excess of the prescribed period or without payment of wages at the prescribed rate;(i)of communication with relatives and friends as permissible under the rules;(j)of enjoyment of fundamental rights under Chapter III of the Constitution of India in so far as they do not become incapable of enjoyment as an incident of confinement.Explanation.—For the purpose of clause (d), classification, segregation or difference in treatment under the provisions of this Act or the rules made thereunder shall not be deemed to be unreasonable discrimination.(3)Every prisoner shall, subject to the provisions of any law for the time being in force, have the right to vote in the elections to the State Legislature or Parliament or to any local authority.(4)No prisoner shall be deployed at the residence of any official of the correctional home for any kind of domestic duties.
