1993 (5) TMI 200 - HC - Indian Laws

Summary

Issues Involved:
1. Conditions in prisons.
2. Overcrowding and classification of prisoners.
3. Work culture and wages for prisoners.
4. Corruption among jail staff.
5. Facilities and amenities in prisons.
6. Legal representation and parole policy.

Summary:

1. Conditions in Prisons:
The case was initiated based on a petition by a convict prisoner alleging sub-human conditions in Thiruvananthapuram Central Jail. The petitioner highlighted issues like the liberty enjoyed by certain convicts, the presence of narcotic drugs, connivance of jail officials, and rampant homosexuality and physical assaults. The petitioner sought remedial measures to prevent institutionalized crime.

2. Overcrowding and Classification of Prisoners:
The judgment noted the problem of overcrowding, with prisons housing more inmates than their capacity, leading to unwholesome consequences like fights, sexual abuses, and prison riots. The Kerala Prison Manual and various committee reports emphasized the need for segregation and classification of prisoners to prevent first offenders from being influenced by hardened criminals. The court directed the State to build sufficient prisons, implement effective segregation, and ensure proper classification of prisoners.

3. Work Culture and Wages for Prisoners:
The judgment stressed the importance of introducing a work culture in prisons to provide therapy against idleness, enable prisoners to earn wages, and support their families. The court directed the State to pay reasonable wages to prisoners, consider registering societies for managing economic activities in jails, and create a work force for public works. The court also suggested avoiding short-term imprisonment and substituting it with free work or regulated wages.

4. Corruption Among Jail Staff:
The judgment highlighted corruption among jail staff, as observed in the Supreme Court case Sunil Batra, where certain prisoners enjoyed luxuries with the connivance of jail staff. The court directed the State to ensure that short-term appointments of prison staff are not made and that adequate trained staff is provided in jails.

5. Facilities and Amenities in Prisons:
The judgment noted the need for better jails with educational and recreational facilities, proper staff amenities, and improved conditions of food. The court directed the State to provide necessary facilities for jail staff, segregate civil and military prisoners from criminal convicts, and supply sanitary napkins to female prisoners.

6. Legal Representation and Parole Policy:
The judgment addressed complaints about prisoners being unaware of their legal representation and the need for a rational parole policy. The court directed the Registry to provide a meeting place in the High Court premises for prisoners to meet their counsel and suggested evolving a rational parole policy based on sound considerations.

Conclusion:
The court issued comprehensive directions to the State to address the various issues in prisons, emphasizing the need for humane conditions, effective segregation, reasonable wages, and proper facilities. The court also appreciated the contributions of Shri James Vincent and Shri Mohan C. Menon in assisting the court.