Encourage Tihar Jail Inmates To Get Vaccinated, Extend Daily Calling Facilities, Allow E-Mulaqats: Delhi High Court Issues Directions

The Bench of Justice Prathiba M. Singh had, on Monday, sought response of the Government on the issues of tele-calling facilities in the jail, vaccination of inmates, as also e-mulaqaats, monthly calling charges and intermingling issues.

Pursuant to Court's May 3 Order, the Government Counsel submitted responses before the Court. After hearing Counsels appearing for the parties, the following directions were issued:

Tele-calling Facilities

The Court noted that an issue was raised as to the inmates who can make these calls, and to the kind of numbers which the said calls are allowed to be made to.

To this, it was submitted that the daily calling facilities are only available to those inmates who have verified their biometric data and also have submitted various documents in respect of the postpaid number, the address and the bill, of the person, to whom the call is to be made.

It was further submitted that the daily calling facilities are available only to numbers that are postpaid, and not to prepaid numbers.

Considering the current situation of the pandemic, the Court ordered thus:

"Where a large number of families seem to be affected, the daily calling facilities would henceforth be extended, during the current second wave of the COVID-19 pandemic, even to prepaid numbers so long as the number to which the said call being made is verified, and the person who is receiving the call is verified in some manner, to be a close relative of the inmate concerned."

Further, insofar as the inmates in recovery/isolation/COVID-19 positive wards were concerned, the Court ordered that daily calling be permitted for a maximum of 5 minutes for these inmates, considering that they would wish to update their family members as to their medical condition.

Vaccination of inmates

Considering that for inmates who are 45+ years of age, vaccines are already available and are with the Jail Superintendent, the Court directed that proper counseling be done for these inmates, and they be encouraged to take the vaccine, at the earliest.

Considering the density of occupancy in jail premises and that vaccination was almost a necessity for all inmates, the Court ordered,

"If an identity card, in the form of an Aadhar card or a PAN Card is not available, the Prison ID number may be used as the identification number, for being put on the concerned portal/App. Insofar as the mobile number is concerned, if the inmate himself or herself does not have a mobile number, he or she is permitted to use the mobile number of a close relative, like a parent or a sibling or child, for the purpose of registration for the vaccine."

The Prison Authorities assured the Court that all the 136 inmates, who are 45+ years of age, would be vaccinated by 31st May, 2021.

Insofar as the 18 - 44 age group of inmates were concerned, it was informed to the Court that there are a total of 279 inmates and currently, the Jail Superintendent has not received vaccines for the said group.

Accordingly, the Court directed the Jail Superintendent to make a request, within a period of 48 hours, to the Disaster Management Office (West) which shall be forwarded to the Ministry of Home Affairs.

"The request of the Jail Superintendent shall be considered expeditiously, and the requisite vaccines shall be supplied within a period of 15-30 days, for the purpose of vaccination of the said group of 279 inmates who belong to the 18-44 age group," the Court further ordered.

E-Mulaqaats

Considering the current pandemic situation, there could be relatives and family members of the inmates, who may wish to be in touch with the inmates, the Court directed that e-mulaqaats for at least half an hour, each week, be permitted by the Jail Authorities, to all the inmates.

Monthly calling charges and intermingling issues

Insofar as the monthly calling charges were concerned, ASC informed the Court that the same had been waived until 31st May, 2021.

It was also submitted that further intermingling of the isolated/recovering COVID-19 positive patient was being completely avoided, and separate water facilities and other common facilities were being made available through dedicated staff to the recovery, COVID positive and isolation wards.

Lastly, the Court said that remaining issues would be taken up on the next date of hearing i.e., 24th May, 2021 and the Jail Superintendent has been directed to arrange for video-conferencing facilities so that the Petitioners can join the Court from jail.

Case title - Natasha Narwal & Anr. v. State of NCT of Delhi & anr.

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