The InternationalCovenant on Civil and Political Rights: A Study on Bangladesh Compliance
indicate that something more than mere abstention from
torture, etc. is required. Treating prisoners with humanity
may necessitate more positive steps.65 However, all of this
could come within the compass of Article 31, which states
that no action detrimental to life, liberty, body, reputation or
property of a person shall be taken except in accordance with
the law. A prisoner, incarcerated according to the law, should
be able to claim such rights within the prison environment.66
Freedom of Expression:
Article 39 of the Constitution provides for freedom of
thought and conscience. Both the Constitution and the
ICCPR state that this right is subject to certain restrictions.
However, the Constitution says that ‘friendly relations with
foreign States’ may be a reason for restriction. This is not
mentioned in Article 18 and 19 of the ICCPR. Moreover,
Article 19 of the ICCPR guarantees the “right to seek, receive,
and impart information”, as well as the freedom of
expression. This may ensure that citizens have access to
important information from government agencies or
otherwise. It also guarantees that citizens or groups are
allowed to circulate important information. This right to
seek, receive, and impart information is not spelt out in the
67
Ibid.
Namboodripad vs. Nambiar, AIR (1970) SC 2015; Daphtary vs. Gupta, AIR
(1971) SC 1132.
69
Rama Dayal vs. MP, AIR (1978) SC 621.
68
55