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2018 (10) TMI 75 - SC - Indian LawsRights of prisoners - Held that - Keeping this in mind and the dire necessity of reforms in prison administration and prison management despite earlier efforts, it was put to the learned Attorney General to consider the feasibility of appointing a Committee to look into the entire range of issues raised, not only in this petition, but also other issues that have cropped up during the hearing on several dates and from time to time. As mentioned above, the learned Attorney General accepted the suggestion of a Committee being appointed - The Committee will make its recommendations as soon as feasible. It may consider, if necessary, sending reports on any of the matters as and when the recommendations are finalized. It shall also make its recommendations to the State Governments. The Committee will devise its own procedure and formulate modalities necessary for accomplishing the task. It may appoint such advisers, institutional consultants and experts as it may consider necessary for any particular purpose. It may call for such information and take such evidence as it may consider necessary. All State Governments, UT Administrations and the Ministries/Departments of the Central Government will furnish such information, documents and other assistance as required by the Committee. The Committee is requested to complete the collection of data and information and make appropriate recommendations and submit the same to this Court preferably within a period of 12 months. The Government of India will make the services of an Additional Solicitor General of India, as and when required by the Committee for any assistance. The writ petition may be revived and listed as and when required.
Issues Involved:
1. Overcrowding in prisons 2. Unnatural deaths of prisoners 3. Gross inadequacy of staff 4. Inadequate training of staff Detailed Analysis: Overcrowding in Prisons The Supreme Court addressed the issue of overcrowding in prisons, which was highlighted in the petition initiated by a former Chief Justice of India. The court noted that despite several directions issued over time, the problem persists. The Committee is tasked to examine the extent of overcrowding and recommend remedial measures, including the functioning of Under Trial Review Committees, availability of legal aid, and the grant of remission, parole, and furlough. Unnatural Deaths of Prisoners The court expressed concern over the unnatural deaths of prisoners, which was one of the primary issues raised in the petition. The Committee is directed to examine violence in prisons and recommend measures to prevent unnatural deaths. It is also tasked with assessing the availability of medical facilities in prisons and making recommendations to improve these facilities. Gross Inadequacy of Staff The judgment highlighted the gross inadequacy of prison staff as a significant issue. The Committee is instructed to assess the availability and inadequacy of staff in prisons and recommend remedial measures. This includes suggesting training and educational modules for prison staff to ensure better management and care of prisoners. Inadequate Training of Staff The court pointed out that the available staff in prisons are either untrained or inadequately trained. The Committee is to review the two training manuals prepared by the Bureau of Police Research & Development (BPR&D) and suggest improvements. The aim is to ensure that prison staff are adequately trained to manage prisons effectively and humanely. Background and Efforts on Prisoner Rights: The judgment referenced several past efforts and reports on prison reforms, including the Mulla Committee Report (1980-1983), the Justice V. R. Krishna Iyer Committee on Women Prisoners (1987), and various reports by the Law Commission of India and the Bureau of Police Research and Development (BPR&D). These reports have made numerous recommendations, some of which have been implemented, while others have not. The court emphasized the need for continuous efforts to address the rights and conditions of prisoners. Committee Formation and Terms of Reference: The court ordered the formation of a Supreme Court Committee on Prison Reforms, chaired by a former Supreme Court Judge, with members from the Bureau of Police Research and Development and Tihar Jail. The Committee's terms of reference include reviewing the implementation of the Model Prison Manual 2016, recommendations by the Parliamentary Committee on Empowerment of Women, and various other guidelines and reports related to prison reforms. Directions and Implementation: The court directed the Committee to submit its recommendations on the first three terms of reference within three months and to complete its overall task within 12 months. The Committee is empowered to devise its own procedures, appoint advisers, and seek necessary information from state governments and central ministries. The Union of India is responsible for providing the necessary infrastructure and support to the Committee. Conclusion: The Supreme Court underscored the importance of public interest litigation in bringing about social change and holding the state accountable for the rights of marginalized sections of society, including prisoners. The judgment aims to address systemic issues in prison administration and ensure the protection of prisoners' human rights through comprehensive reforms and continuous oversight.
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