RE-INHUMAN CONDITIONS IN 1382 PRISONS versus I.A. NO. 68248 OF 2017

Citation: [2017] 14 S.C.R. 519 · Decided: 15-09-2017 · Supreme Court of India · Bench: MADAN B. LOKUR, DEEPAK GUPTA · Disposal: Directions issued

Cited by 2 judgment(s) · cites 4 · see the full citation network in Lexace

Judgment (excerpt)

[2017] 14 S.C.R. 519. 
RE- INHUMAN CONDITIONS IN 1382 PRISONS 
A 
WITH 
I.A. No. 68248 of2017 
· (Writ Petition (Civil) No. 406 of2013) 
SEPTEMBER 15,2017 
B 
[MADAN B. LOKUR AND DEEPAK GUPTA, JJ,) 
Human Rights - Custodial death - Unnatural deaths in 
prisons - Remedial steps - Letter by (Retd.)Chitf Justice R. C. Lahoti 
highlighting unnatural deaths in prisons - Letter treated as a public 
C 
interest litigation - Held:. Death is 'unnatural· when its causes are 
external. such as intentional injury (homicide, suicide) - Steps are 
being taken in some form or the other by Central Government and 
State Governments to ameliorate the conditions of prisoners across 
the country and thereby reduce the number of unnatural deaths -
However, it is time for the State to go beyond projections through 
D 
circulars and qdvisories and actually come to grips with reality as 
it exists in a very large number of prisons - Guidelines on 
Investigating Deaths in Custody issued by International Committee 
of the Red Crdss (ICRC), to be circulated and considered by Central 
Government and all the State Government~ - Further. in relation to 
E 
suicides in prisons, the monograph published by National Human 
Rights Commission (NHRC) containing actionable points for suicide 
prevention programmes, also referring to certain communications 
issued by NHRC from time to time on the aspect of custodial deaths, 
to be freely distributed amongst the staff and prisons all over the 
country being a document of immense utility insofar as suicide . F 
prevention in prisons is concerned - Directions issued - Public 
Interest Litigation - Constitution of India - Art.21 and VII',, Schedule, 
Entry 4. List II - Nelson Mandela Rules - n: 58-63 and 71 - Model . 
Prison Manual 2016 - Chapter VII. XIII, XXJ, XXll and XVI - Code 
of Criminal Procedure. 1973 - s.176(1A) - Juvenile Justice (Care 
G 
and Protection of Children) Act.· 2000 - Juvenile Justice (Care and 
Protection of Children) Act. 2015. 
· .. · 
Human Rights -·Prison Reforms - Management of Prisons -
'Performance Audit' by Comptroller and Auditor General (CAG) -
Discussed. 
· ·· 
519 
H 
520 
SUPREME COUIU REPOJUS 
[2017] 14 S.C.R. 
A 
Puh!ic /all' remedy-· Human Rights - Unnatural deaths in 
I3 
c 
D 
l~ustodv - Compensation for - Discussed. 
Human Rights ·- Need for Prison ref(mns ·-Criminal Justice 
System -
Theo1)' of retribution and deterrence vis-a-vis RefOrmation 
and Rehabilitation - Discussed. 
Human Nights ··· Nature of -- Held: Human rights are not 
depende11t on the status of a person !mt are universal in nmure. 
Human Rights - Custodial deaths o(chi!dre11 in Child Care 
Institutions ··· Discussed - Child and Family Welfi1re. 
Issuing directions, the Court 
HELD: lJ On the issue of defining natural and unnatural 
deaths, attention was drawn to the Guidelines on Investigating 
Deaths in Custody issued by the International Committee of the 
Red Cross (lCRC). According to the ICRC, 'death' is the 
irreversible cessation of all vital functions, including brain activity. 
Death is 'natural' when it is caused solely by disease and/or the 
aging process. It is 'unnatural' when its causes are external, such 
as intentional injury (homicide, suicide), negligence or 
unintentionalin,iury (dc:ith hy accident). The guidelines provided 
by the ICRC deserve considcrnliou and circulation by the Central 
Government and all the State Governments. [Para 9] (530-A-CJ 
E 
National Human Rights Commission {NHRC) ancl suicide 
prevention 
1.2 A disproportionately large number of unnatural deaths 
are attributable to suicides. Jn relation to suicides in prisons, the 
NHRC has published a monograph sometime in December 2014 
F 
entitled "Suicide in Prison - prevention strategy and implication 
from human rights and .legal points of view". This monograph 
records that during the period 2007-2011, deaths in prisons on 
account of suicide formrd 71 % of the total number of unnatural 
deaths. The average suicide rate amo111~ the genernl public for 
this period is 11 (per 100,000) whe.~·eas the average suicide rate 
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in prison is 16.9 (per 100,000). In other words, the average 
suicide rate in prisons is over 50''/o more than in normal 
conditions. The monograph refers to certain communications 
issued by the NHRC from time to time on the aspect of custodial 
deaths. The study conducted by the NHRC as reflected in the 
H 
RE- INHUMAN CONDITIONS IN 1382 PRISONS 
521 
monograph suggests that there are two prim

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