New Delhi: Expressing serious concern over the plight of undertrial prisoners languishing in jails across the country, the Supreme Court on Friday directed all the States to take steps to release under trials without any surety.
Giving this direction, a bench of Justices Madan B. Lokur and R.K. Agrawal said “the Under Trial Review Committee in each State should specifically look into aspects pertaining to effective implementation of Section 436 of the Cr.P.C. and Section 436A of the Cr.P.C. (power to release on bail without surety) so that undertrial prisoners are released at the earliest and those who cannot furnish bail bonds due to their poverty are not subjected to incarceration only for that rea-
son.”
Passing orders on the basis of a letter written by former CJI R.C. Lahoti on the plight of prisoners and overcrowding of jails, the Bench said “the Under Trial Review Committee will also look into issue of implementation of the Probation of Offenders Act, 1958 particularly with regard to first time offenders so that they have a chance of being restored and rehabilitated in society.”
The Bench said “Prison reforms have been the subject matter of discussion and decisions rendered by this Court from time to time over the last 35 years.
Unfortunately, even though Article 21 of the Constitution requires a life of dignity for all persons, little appears to have changed on the ground as far as prisoners are concerned and we are once again required to deal with issues relating to prisons in the country and their reform.”
In this background, a letter on 13th June, 2013 addressed by former CJI R.C. Lahoti, to the then Chief Justice of India relating to conditions in prisons is rather disturbing. Justice R.C. Lahoti invited attention to the inhuman conditions prevailing in 1382 prisons in India and said there was Overcrowding of prisons; (ii) Unnatural death of prisoners; (iii) Gross inadequacy of staff and (iv) Available staff being untrained or inadequately trained.
The judges said “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.”
After getting details from the States and the Centre, the Bench said “Suffice it to say that on the four issues raised by Justice R.C. Lahoti there is general consensus that the prisons (both Central and District) are over-crowded, some unnatural deaths have taken place in some prisons, there is generally a shortage of staff and it is not as if all of them are adequately and suitably trained to handle issues relating to the management of prisons and prisoners and finally that steps have been taken for the reformation and rehabilitation of prisoners.”
With regard to the Model Prison Manual, the Bench said it was stated that the revised Model Prison Manual had been approved by the competent authority and it was circulated to all States and Union Territories. The revised manual also included a provision for a suitable crèche for the children of women inmates in the prison, the Bench said and sought status report from the Centre and posted the matter for further hearing on March 14.
