2017 (9) TMI 1938 - SC - Indian Laws

Custodial violence and unnatural deaths in prisons - Overcrowding in prisons - Gross inadequacy of staff - Available staff being untrained or inadequately trained - lack of proper medical attention or timely medical attention - the need to reform - need to compensate - Custodial death of Children. Compensation for unnatural deaths - HELD THAT - There are several cases - documented and undocumented-all over the country but in spite of repeated decisions delivered by this Court and perhaps every High Court there seems to be no let up in custodial deaths. This is not a sad but a tragic state of affairs indicating the apparent disdain of the State to the life and liberty of individuals particularly those in custody. The time to remedy the situation is long past and yet there seems to be no will and therefore no solution in sight. The need to reform - HELD THAT - The issue of unnatural deaths in prisons was debated and discussed before us in great detail by the learned Amicus the learned Attorney General and learned Counsel for the National Forum. All of them have painstakingly taken us through a plethora of documents but as mentioned above the existence of volumes of documents relating to unnatural deaths in prisons does not necessarily resolve the problem that we are confronted with and which was brought to our notice by Chief Justice Lahoti - However we do hope that the highlighting of this issue will bring about awareness in the mind and heart of the powers that be and consequential reforms in prisons which may ultimately reduce if not eliminate the number of unnatural deaths in prisons and also improve the conditions of prisoners all over the country. The need to compensate - HELD THAT - Over the last several years there have been discussions on the rights of victims and one of the rights of a victim of crime is to obtain compensation. Schemes for victim compensation have been framed by almost every State and that is a wholesome development. But it is important for the Central Government and the State Governments to realize that persons who suffer an unnatural death in a prison are also victims-sometimes of a crime and sometimes of negligence and apathy or both. There is no reason at all to exclude their next of kin from receiving compensation only because the victim of an unnatural death is a criminal. Human rights are not dependent on the status of a person but are universal in nature. Once the issue is looked at from this perspective it will be appreciated that merely because a person is Accused of a crime or is the perpetrator of a crime and in prison custody that person could nevertheless be a victim of an unnatural death. Hence the need to compensate the next of kin. Custodial death of Children - HELD THAT - There is no documentation on the number of unnatural deaths (if any) of children in child care institutions and this should now be on the agenda of the Central Government and the State Governments (particularly the Department concerned with the welfare of children) with far greater concern than has been shown so far. The unnatural death of any child in need of care and protection or in conflict with law and in a child care institution needs attention since it is these voiceless children who need to be heard. It is time that unnatural deaths of children in child care institutions are seriously looked into by all concerned if we are to provide the children of our country with a better future. On the facts and in the circumstances before us the suggestions put forward by the learned Amicus and the learned Counsel appearing for the National Forum deserve acceptance and therefore we issue the following directions 1. The Secretary General of this Court will transmit a copy of this decision to the Registrar General of every High Court within one week with a request to the Registrar General to place it before the Chief Justice of the High Court. We request the Chief Justice of the High Court to register a suo motu public interest petition with a view to identifying the next of kin of the prisoners who have admittedly died an unnatural death as revealed by the NCRB during the period between 2012 and 2015 and even thereafter and award suitable compensation unless adequate compensation has already been awarded. 2. The Union of India through the Ministry of Home Affairs will ensure circulation within one month and in any event by 31st October 2017 of (i) the Model Prison Manual (ii) the monograph prepared by the NHRC entitled Suicide in Prison-prevention strategy and implication from human rights and legal points of view (iii) the communications sent by the NHRC referred to above (iv) the compendium of advisories issued by the Ministry of Home Affairs to the State Governments (v) the Nelson Mandela Rules and (vi) the Guidelines on Investigating Deaths in Custody issued by the International Committee of the Red Cross to the Director General or Inspector General of Police (as the case may be) in charge of prisons in every State and Union Territory. All efforts should be made as suggested by the NHRC and Ors. to reduce and possibly eliminate unnatural deaths in prisons and to document each and every death in prisons - both natural and unnatural. 3. The Union of India through the Ministry of Home Affairs will direct the NCRB to explain and clarify the distinction between unnatural and natural deaths in prisons as indicated on the website of the NCRB and in its Annual Reports and also explain the sub-categorization others within the category of unnatural deaths. The NCRB should also be required to sub-categorize natural deaths. The sub-categorization and clarification should be complied with by 31st October 2017. 4. The State Governments should in conjunction with the State Legal Services Authority (SLSA) the National and State Police Academy and the Bureau of Police Research and Development conduct training and sensitization programmes for senior police officials of all prisons on their functions duties and responsibilities as also the rights and duties of prisoners. A copy of this order be sent by the Registry of this Court to the Member-Secretary of each SLSA to follow-up and ensure compliance. 5. The necessity of having counselors and support persons in prisons cannot be over-emphasized. Their services can be utilized to counsel and advice prisoners who might be facing some crisis situation or might have some violent or suicidal tendencies. The State Governments are directed to appoint counselors and support persons for counselling prisoners particularly first-time offenders. In this regard the services of recognized NGOs can be taken and encouraged. 6. While visits to prison by the family of a prisoner should be encouraged it would be worthwhile to consider extending the time or frequency of meetings and also explore the possibility of using phones and video conferencing for communications not only between a prisoner and family members of that prisoner but also between a prisoner and the lawyer whether appointed through the State Legal Services Authority or otherwise. 7. The State Legal Services Authorities (SLSAs) should urgently conduct a study on the lines conducted by the Bihar State Legal Services Authority in Bihar and the Commonwealth Human Rights Initiative in Rajasthan in respect of the overall conditions in prisons in the State and the facilities available. The study should also include a performance audit of the prisons as has been done by the CAG. The SLSAs should also assess the effect and impact of various schemes framed by NALSA relating to prisoners. We request the Chief Justice of every High Court in the capacity of Patron-in-Chief of the State Legal Services Authority to take up this initiative and if necessary set up a Committee headed preferably by the Executive Chairperson of the State Legal Services Authority to implement the directions given above. 8. Providing medical assistance and facilities to inmates in prisons needs no reaffirmation. The right to health is undoubtedly a human right and all State Governments should concentrate on making this a reality for all including prisoners. The experiences in Karnataka West Bengal and Delhi to the effect that medical facilities in prisons do not meet minimum standards of care is an indication that the human right to health is not given adequate importance in prisons and that may also be one of the causes of unnatural deaths in prisons. The State Governments are directed to study the availability of medical assistance to prisoners and take remedial steps wherever necessary. 9. The constitution of a Board of Visitors which includes non-official visitors is of considerable importance so that eminent members of society can participate in initiating reforms in prisons and in the rehabilitation of prisoners. Merely changing the nomenclature of prisons to Correction Homes will not resolve the problem. Some proactive steps are required to be taken by eminent members of society who should be included in the Board of Visitors. The State Governments are directed to constitute an appropriate Board of Visitors in terms of Chapter XXIX of the Model Prison Manual indicating their duties and responsibilities. This exercise should be completed by 30th November 2017. 10. The suggestion given by the learned Amicus of encouraging the establishment of open jails or open prisons is certainly worth considering. It was brought to our notice that the experiment in Shimla (Himachal Pradesh) and the semi-open prison in Delhi are extremely successful and need to be carefully studied. Perhaps there might be equally successful experiments carried out in other States as well and if so they require to be documented studied and emulated. 11. The Ministry of Women Child Development of the Government of India which is concerned with the implementation of Juvenile Justice (Care and Protection of Children) Act 2015 is directed to discuss with the concerned officers of the State Governments and formulate procedures for tabulating the number of children (if any) who suffer an unnatural death in child care institutions where they are kept in custody either because they are in conflict with law or because they need care and protection. Necessary steps should be taken in this regard by 31st December 2017. List for follow-up in December 2017.

Summary

Issues Involved:

1. Custodial violence and unnatural deaths in prisons.
2. Overcrowding in prisons.
3. Inadequate and untrained staff in prisons.
4. Reporting and classification of deaths in custody.
5. Suicide prevention in prisons.
6. Compensation for unnatural deaths.
7. Role of the NHRC and compliance with its guidelines.
8. Implementation of the Nelson Mandela Rules.
9. Model Prison Manual and its adherence.
10. Performance audit of prisons by the CAG.
11. Rights and welfare of children in child care institutions.

Detailed Analysis:

1. Custodial Violence and Unnatural Deaths in Prisons:
Custodial violence, including physical, psychological, and sexual violence, remains a significant concern. The judgment emphasizes the need for sensitivity among authorities regarding persons in custody, highlighting Article 21 of the Constitution which ensures the dignity of individuals. The court underscores the importance of remedial steps to address custodial violence and unnatural deaths.

2. Overcrowding in Prisons:
The issue of overcrowding was previously addressed in the court's order dated 5th February 2016. Directions were issued to manage and reduce overcrowding in prisons, recognizing it as a factor that exacerbates custodial violence and unnatural deaths.

3. Inadequate and Untrained Staff in Prisons:
The judgment notes the gross inadequacy and lack of training among prison staff. It calls for training and sensitization programs for senior police officials on their functions, duties, and responsibilities, as well as the rights and duties of prisoners.

4. Reporting and Classification of Deaths in Custody:
The court highlights the lack of clarity in the classification of natural and unnatural deaths by the NCRB. It directs the NCRB to explain the distinction and sub-categorization of deaths to ensure accurate reporting and documentation.

5. Suicide Prevention in Prisons:
The NHRC's monograph on suicide prevention in prisons is referenced, noting that suicides constitute a large proportion of unnatural deaths. The judgment stresses the need for protective measures, such as family visits, constructive occupation, and support from staff, to reduce suicides.

6. Compensation for Unnatural Deaths:
The court reiterates the established legal principle that compensation should be awarded for unnatural deaths in custody. It references several cases where compensation was granted and emphasizes the need for a humanitarian approach to prison management.

7. Role of the NHRC and Compliance with Its Guidelines:
The judgment acknowledges the NHRC's efforts in issuing guidelines and communications to address custodial deaths. It stresses the importance of compliance with these guidelines and the need for video-recording of post-mortem examinations in cases of custodial deaths.

8. Implementation of the Nelson Mandela Rules:
The Nelson Mandela Rules provide internationally accepted guidelines for the treatment of prisoners. The court highlights the importance of these rules, particularly those related to prisoner contact with the outside world and the reporting of custodial deaths.

9. Model Prison Manual and Its Adherence:
The Model Prison Manual 2016, issued by the Ministry of Home Affairs, is referenced as a comprehensive guide for prison administration. The judgment calls for adherence to the manual's provisions, particularly those related to the treatment of prisoners and the prevention of suicides and accidents.

10. Performance Audit of Prisons by the CAG:
The court supports the suggestion of conducting performance audits of prisons by the CAG to ensure adherence to the Model Prison Manual and state regulations. It references a CAG report highlighting deficiencies in prison hospitals and drug de-addiction centers.

11. Rights and Welfare of Children in Child Care Institutions:
The judgment expresses concern over the lack of attention to the custodial deaths of children in child care institutions. It directs the Ministry of Women & Child Development to formulate procedures for documenting and addressing unnatural deaths of children in such institutions.

Directions Issued:

1. High Courts to register suo motu public interest petitions to identify and compensate the next of kin of prisoners who died unnatural deaths.
2. Union of India to circulate relevant documents and guidelines to prison authorities.
3. NCRB to clarify the classification of natural and unnatural deaths.
4. State Governments to conduct training and sensitization programs for prison officials.
5. Appointment of counselors and support persons in prisons.
6. Encouragement of family visits and communication for prisoners.
7. State Legal Services Authorities to conduct studies on prison conditions and performance audits.
8. State Governments to ensure medical assistance and facilities in prisons.
9. Constitution of a Board of Visitors for prison reforms.
10. Encouragement of open jails or open prisons.
11. Ministry of Women & Child Development to address the issue of unnatural deaths of children in child care institutions.

The judgment emphasizes the need for a humanitarian approach to prison management and the importance of ensuring the rights and dignity of prisoners. It calls for comprehensive reforms to reduce custodial violence and unnatural deaths, and to provide adequate compensation to the victims' families.