LexRE-INHUMAN CONDITIONS IN 1382 PRISONS versus RE-INHUMAN CONDITIONS IN 1382 PRISONS
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A B c D E F [20 I 6] I S.C.R. I 090 RE-INHUMAN CONDITIONS IN 1382 PRISONS (Write Petition (C) No. 406 of2013) FEBRUARY 05, 2016 [MADAN B. LOKUR AND R.K. AGRAWAL, JJ.) Prison reforms: Present case pertaining to conditions of prisons in India - By instant order this Court held: Prisoners like all human beings deserve to be treated with dignity - To give effect to that, certain positve directions passed - Undertrial Review Committee in every District directed to hold meetings periodically and follow up the discussions with appropriate steps for release of undertrial prisoners and convicts - The Committee to also look into aspects pertaining to effective implementation of s.436 and s.436A of C~P.C - Member Secretary of State Legal Services Authority of every Stare directed to ensure that an adequate number of competent lawyers are empaneled to assist undertrial prisoners and convicts - Secretary of District Legal Services Authority directed to look into the issue of release of undertrial prisoners in compoundable offences - Jail Authorities directed to ensure proper and effective utilisation of available funds for improving quality living conditions of prisoners - Ministry of Home Affairs to ensure that Management Information System is in place at the earliest in all the Central and District Jails for wom~n and conduct an annual review of implememation of Model Prison Manual 2016 - Remaining issues particularly those relating to unnatural deaths in jails, adequacy of staff and training of staff would be considered on next date of hearing - Constitution of India, 1950-Art.21 - Cod~ of Criminal Procedure, 1973 - ss.436, 436A, Model Prison Manual - Held: Is a detailed document consisting of as many as 32 chapters that deal with a variety of issues including custodial management, medical care, education of G prisoners, vocational training and skill development programmes, legal aid, welfare of prisoners, after care and rehabilitation etc. H Manual in case of juveniles - Notice issued to the Secretary, Ministry of Women and Child Developme/1/ to prepare a manual in respect of juveniles who are in custody either in observation Homes 1090 RE-INHUMAN CONDITIONS IN 1382 PRISONS 1091 or Special Homes of Safety in terms of Juvenile Justice (Care and A Protection of Children) Act, 2015. Simi/ Batra (Il) v. Delhi Administration (1980) 3 SCC 488: 1980 (2) SCR 557; Rama Murthy v. State of Karnataka (1997) 2 SCC 642; T. K. Gopal v. State of Kamataka (2000) 6 SCC 168: 2000 (3) SCR 1040 - B referred to. 1980 (2) SCR 557 (1?97) 2 sec 642 2000 (3) SCR 1040 Case Law Reference referred to. referred to. referred to. Para2 Para4 Paras CIVIL ORIGINAL JURISDICTION: Writ Petition (Civil) No. 406 of2013 Gaurav Agrawal (A.C.) for the Petitioners. Sushma Suri for the Respondent. The Order of the Court was delivered by MADAN B. LOKUR, J. I. Prison reforms have been the subject matter of discussion and decisions rendered by this Court from time to time over the last 35 years. Unfortunately, even though Article 21 of the Constitution requires a life of dignity for all persons, little appears to have changed on the ground as far as prisoners are concerned and we are once again required to deal with issues relating to prisons in the country and their reform. " 2. As far back as in 1980, this Court had occasion to deal with the rights of prisoners inSu11il Batra (II) v. DelfliAd111i11istratio11.' In that decision, this Court gave a very obvious answer to the question whether prisoners are persons and whether they are entitled to fundamental rights while in custody, although there may be a shrinkage in the fundamental rights. This is what this Court had to say in this regard: "Are prisoners persons? Yes, of course. To answer in the negative is to convict the nation and the Constitution of dehumanization and to repudiate the world legal order, which now recognises rights 1 < 1980) 3 sec 488 c D E F G H 1092 A B c D E F SUPREME COURT REPORTS [20 I 6] I S.C.R. of prisoners in the International Covenant on Prisoners' Rights to which our country has signed assent. In Batra case,' this Court has rejected the hands-off doctrine and it has been ruled that fundamental rights do not flee the person as he enters the prison although they may suffer shrinkage necessitated by incarceration. 3. A little later in the aforesaid decision, this Court pointed out the dou
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