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Constitutional · Reportable judgment

In Re-Inhuman Conditions in 1382 Prisons vs -

Court
Supreme Court of India
Date
14 May 2024
Case No.
Writ Petition (Civil) No. 406 of 2013
Bench
Hima Kohli, Ahsanuddin Amanullah
Citation
[2024] 5 S.C.R. 1038 : 2024 INSC 461
Acts & Sections
Constitution
Supreme Court Reports [2024] 5 S.C.R. 1038 : 2024 INSC 461
Issue for consideration
Status reports filed by various States/UTs furnishing information on the action proposed to be taken within fixed timeline as regards various facilities lacking in jails and the recommendations made by the Committee(s) constituted by the Supreme Court.
Headnote

Prison Reforms – Recommendations made by the Committee(s) constituted by Supreme Court – Overcrowding in jails; capacity enhancement; welfare of women prisoners and children in prisons etc. – Status reports filed by the States of Bihar, Punjab, Chhattisgarh, Rajasthan, Jharkhand, Odisha and Kerala in terms of directions issued vide order dtd. 23.04.2024 – Recommendations made by Amicus Curiae as regards additional wards; upgradation of other necessary infrastructure like sanitation facility, kitchen, staff etc. to meet the additional needs; such infrastructural improvement and their upgradation; pending approvals:

Held: In terms of recommendations of Amicus Curiae, specific directions issued to the States/UTs – Additional affidavits personally affirmed by the Chief Secretary of the State/UT concerned be filed – Affidavits to address all issues including inmate-capacity enhancement/augmentation and creation of posts of wardens/cooks/doctors/various jail staff etc. – Pending approvals for sanction of projects or identification of suitable land, to be brought to their logical conclusion within the period as directed – Further, for creating facilities in prisons, common specifications/parameters may be in terms prescribed by and under the Model Prison Manual 2016 issued by the Ministry of Home Affairs, Government of India. [Paras 36-38, 41]

Keywords: Prison Reforms · Basic facilities in prisons · Article 21 of the Constitution of India · Fundamental Rights of prisoners · Problems in jails in India · Facilities lacking in jails · Overcrowding in jails · Inmate capacity enhancement/augmentation · Construction of new prisoner cells · Women prisoners · Welfare of women prisoners and children in the prison · Prison Manual · Model Prison Manual 2016

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey (1997) 3 SCC 642 [1966] 1 SCR 702 : AIR 1966 SC 424 [1975] 2 SCR 24 : (1975) 3 SCC 185 Order dated 05.02.2016. Order dated 03.10.2016. Judgment dated 15.09.2017. Order dated 25.09.2018.. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Order (I) CONTEXT 1. Pursuant to our order dated 23rd April, 2024, Mr. Gaurav Agrawal, learned Amicus Curiae1 has filed a Note summarising details of information2 received from the States of Bihar, Punjab, Chhattisgarh, Rajasthan, Jharkhand, Odisha, and Kerala. 2. The AC submits that the State of Uttar Pradesh has also filed a report which runs into more than 300 pages; likewise stands the position for the States of Andhra Pradesh, West Bengal and Madhya Pradesh – all their reports/responses are voluminous. Mr. Agrawal submits that these three States (supra) may file additional affidavits
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