Envisaging the Dynamic Role of Writ of Habeas Corpus in Context to Prison Jurisprudence in Indian Scenario

Abstract

The concept of Writ of Habeas Corpus is dynamic in nature with respect to its functioning in Indian and Global scenarios. In India, it has been transformed by judicial pronouncements from a Colonial era Writ into a complex legal tool functioning as a first line of defense for protecting the rights of Prisoners granted under the Indian Constitution. This has considerably evolved through judicial interpretation from a simple Writ of inquiry as a basic objective into a more remedial form of Writ being its main Constitutional objective. Nowadays, the literal meaning of this Writ “to produce the body” has been considerably liberalized by Supreme Court through its various Judgements with respect to Prisoners’ rights from time to time.

Henceforth, this paper deals with changing dimensions of scope the Habeas Corpus Writ in Indian scenario. It has been evolving itself from a Writ of Colonial era origin into a Writ for ensuring fair Justice in modern day civilized world. In this paper, an effort has been made to recognise the wider fabric and application of this Writ in a liberalised approach leading to refinement of Prison Jurisprudence in Indian scenario through considerable judicial intervention in past, present and its future applicability.