Prem Shankar Shukla v Delhi Administration (1980)

Human Rights Law · Impact of UDHR on the Indian Constitution

Facts.

An undertrial prisoner was routinely handcuffed while being escorted between jail and court, and complained to the Supreme Court.

Issue.

Does routine handcuffing of a prisoner without justification violate Articles 14, 19 and 21?

Held.

Yes. Handcuffing is prima facie inhuman and unreasonable; it may be used only where clearly necessary and justified on record. Routine handcuffing violates human dignity under Article 21.

Why it matters.

Protects the dignity of undertrials; the gravity of the charge alone does not justify handcuffing.

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