2016 (2) TMI 1276 - SC - Indian Laws

Prison reforms - rights of prisoners - over-crowding in prisons and improving the living conditions of prisoners - this Court pointed out the double handicap that prisoners face; the first being that most prisoners belong to the weaker sections of society and the second being that since they are confined in a walled-off world their voices are inaudible - HELD THAT - It is clear that in spite of several orders passed by this Court from time to time in various petitions, for one reason or another, the issue of overcrowding in jails continues to persist and apart from anything else, appears to have persuaded Justice R.C. Lahoti to address a letter of the Chief Justice of India on this specific issue of overcrowding in prisons. We cannot forget that the International Covenant on Civil and Political Rights, to which India is a signatory, provides in Article 10 that All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person. Similarly, Article 5 of the Universal Declaration of Human Rights (UDHR) provides No one shall be subjected to torture or cruel, inhuman or degrading treatment or punishment. The sum and substance of the discussion is that prisoners, like all human beings, deserve to be treated with dignity. To give effect to this, some positive directions need to be issued by this Court - necessary directions were passed.

Issues Involved:
1. Overcrowding of prisons.
2. Delay in trials.
3. Torture and ill-treatment of prisoners.
4. Neglect of health and hygiene.
5. Insubstantial food and inadequate clothing.
6. Prison vices.
7. Deficiency in communication.
8. Streamlining of jail visits.
9. Management of open-air prisons.
10. Unnatural deaths of prisoners.
11. Gross inadequacy of staff and inadequate training.
12. Implementation of Section 436 and 436A of the Code of Criminal Procedure.
13. Implementation of the Repatriation of Prisoners Act, 2003.
14. Effective utilization of grants under the 13th and 14th Finance Commissions.
15. Preparation and implementation of the Model Prison Manual.
16. Legal aid for undertrial prisoners and convicts.
17. Compounding of offenses to reduce the number of undertrial prisoners.
18. Annual review of the Model Prison Manual.
19. Preparation of a manual for juveniles in custody.

Issue-wise Detailed Analysis:

1. Overcrowding of Prisons:
The Court acknowledged the persistent issue of overcrowding in prisons, referencing past cases like Sunil Batra (II) v. Delhi Administration and Rama Murthy v. State of Karnataka, which highlighted the double handicap faced by prisoners, especially those from weaker sections of society. Despite various court orders, overcrowding remains a significant issue, with some jails operating at over 200% capacity.

2. Delay in Trials:
The Court noted the high percentage of undertrial prisoners (67% as of December 2013) and emphasized the need for regular meetings of the Under Trial Review Committees to address delays in trials. The Court directed the establishment of such committees in every district to review cases and ensure timely trials.

3. Torture and Ill-treatment of Prisoners:
The Court reiterated the need for humane treatment of prisoners, referencing international covenants and past judgments. It emphasized that prisoners should be treated with dignity and not subjected to torture or inhumane treatment.

4. Neglect of Health and Hygiene:
The Court directed the Director General of Police/Inspector General of Police in charge of prisons to ensure proper utilization of available funds to improve the living conditions of prisoners, including their health and hygiene.

5. Insubstantial Food and Inadequate Clothing:
The Court highlighted the need for adequate food and clothing for prisoners, directing the relevant authorities to ensure that prisoners' basic needs are met.

6. Prison Vices:
The Court did not specifically address prison vices in this judgment but emphasized the overall need for prison reforms to improve the conditions within prisons.

7. Deficiency in Communication:
The Court directed the Ministry of Home Affairs to ensure that a Management Information System is in place in all jails to improve the management and communication within prisons.

8. Streamlining of Jail Visits:
The Court directed the Under Trial Review Committees to look into the issues raised in the Model Prison Manual, including regular jail visits as suggested in the manual.

9. Management of Open-air Prisons:
The Court did not specifically address the management of open-air prisons in this judgment but emphasized the need for comprehensive prison reforms.

10. Unnatural Deaths of Prisoners:
The Court acknowledged the issue of unnatural deaths in prisons and directed the relevant authorities to take necessary steps to address this issue.

11. Gross Inadequacy of Staff and Inadequate Training:
The Court noted the inadequacy and lack of training of prison staff and directed the authorities to ensure proper training and adequate staffing in prisons.

12. Implementation of Section 436 and 436A of the Code of Criminal Procedure:
The Court emphasized the need for effective implementation of Sections 436 and 436A of the Code of Criminal Procedure to reduce overcrowding in prisons. It directed the Under Trial Review Committees to review cases of undertrial prisoners eligible for release under these sections.

13. Implementation of the Repatriation of Prisoners Act, 2003:
The Court noted that agreements on the transfer of sentenced persons had been signed with 25 countries and directed the authorities to ensure effective implementation of the Repatriation of Prisoners Act, 2003.

14. Effective Utilization of Grants under the 13th and 14th Finance Commissions:
The Court expressed concern over the underutilization of grants under the 13th Finance Commission and directed the Ministry of Home Affairs to ensure proper utilization of funds for prison improvements.

15. Preparation and Implementation of the Model Prison Manual:
The Court directed the Ministry of Home Affairs to review and finalize the Model Prison Manual and ensure its implementation. The manual should include provisions for a cr`eche for children of women prisoners and other necessary reforms.

16. Legal Aid for Undertrial Prisoners and Convicts:
The Court directed the State Legal Services Authorities to appoint adequate panel lawyers to assist undertrial prisoners and convicts, particularly the poor and indigent, and ensure that legal aid is effective.

17. Compounding of Offenses to Reduce the Number of Undertrial Prisoners:
The Court directed the State Legal Services Authorities to explore the possibility of compounding offenses to reduce the number of undertrial prisoners and expedite their release.

18. Annual Review of the Model Prison Manual:
The Court directed the Ministry of Home Affairs to conduct an annual review of the implementation of the Model Prison Manual to ensure it remains relevant and effective.

19. Preparation of a Manual for Juveniles in Custody:
The Court issued notice to the Secretary, Ministry of Women and Child Development, to prepare a manual for juveniles in custody, taking into consideration their living conditions and other issues.

Conclusion:
The Court issued several directions to address the issues plaguing the prison system, emphasizing the need for humane treatment of prisoners, timely trials, adequate legal aid, and effective utilization of funds. The judgment underscores the importance of treating prisoners with dignity and ensuring their basic human rights are protected.

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