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In Re-Inhuman Conditions in 1382 Prisons

Not available · 2024 INSC 461Decided 14 May 2024
Not available
Justice Hima Kohli · Justice Ahsanuddin Amanullah

Background

This is a long-running Supreme Court public interest case (originally filed in 2013) monitoring inhuman and overcrowded conditions across India's prisons. An Amicus Curiae appointed by the Court periodically reviews status reports filed by different State governments on jail infrastructure, overcrowding, sanitation, and facilities for women prisoners and their children. In this particular hearing, the Court examined detailed reports specifically from Bihar (highlighting severe overcrowding, e.g., Madhepura jail running at 2.5 times its sanctioned capacity) along with pending reports and affidavits from several other states including Uttar Pradesh, Andhra Pradesh, West Bengal, Madhya Pradesh, Telangana, Assam, Gujarat, Tamil Nadu, and Maharashtra.

Decision Breakdown

The Court expressed dissatisfaction with the slow pace of approvals and construction in Bihar's jails despite clear recommendations from a court-appointed committee, and issued a series of concrete, time-bound directions, including deadlines (ranging from 3 to 6 months) for the State to expedite approvals for new wards, complete land identification and acquisition for new jails, and review construction progress at senior government levels. The Court also directed that going forward, all States/UTs must file their status affidavits personally affirmed by the Chief Secretary (not junior officials), reflecting the seriousness the Court expects. It further directed that jail capacity and facility standards should, in principle, follow the Model Prison Manual 2016, and reiterated the constitutional principle that prisoners retain their fundamental rights, including under Article 21, even while incarcerated. The matter was kept pending for further monitoring, with the next hearing listed for July 2024.

Lesson Learnt

Prisoners do not lose their basic constitutional rights to dignity and humane living conditions merely because they are incarcerated, and the Supreme Court will keep long-term "continuing mandamus" oversight over state governments, including demanding personal accountability from top officials like Chief Secretaries, until systemic problems like jail overcrowding are actually fixed, not just promised.

Official source (sci.gov.in)View Judgment (PDF)

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