Prison Reforms : Supreme Court Seeks Responses Of Centre, States On Suggestions Of SC-Committee

The Supreme Court on Tuesday took on record the report submitted by the Supreme Court Committee on prison reforms and sought the responses of the Union Government and all State Governments.

The Court said that it should be assisted on the issues of women and children in detention, transgender prisoners, and death row convicts on the next date of hearing. The Court also noted that there are other issues like availability of medical facilities to inmate in jails, vocational training, availability of IT, and infrastructure in jail premises for assisting visitation rights.

The report delves into various issues such as overcrowding, rights of women, children, and transgender prisoners, open prisons, death row convicts, violence within prisons, prison staff dynamics, and correctional administration.

The bench comprising Justices Hima Kohli and Justice Rajesh Bindal was hearing the suo motu PIL In Re-Inhuman Conditions in 1382 Prisons, which was initiated on the basis of  a letter petition submitted in 2013 by former Chief Justice R.C. Lahoti.

The bench pointed out that the committee's Terms of Reference were initially established by an order dated September 25th, 2018 passed by a bench comprising Justices Madan B. Lokur, S. Abdul Nazeer, and Deepak Gupta.

“Overcrowding of prisons is a major issue it’ll take time. Open jails can also be seen as an option- we’ve it in Rajasthan", Justice Rajesh Bindal remarked during the hearing.

The Court specifically requested the Amicus Curiae Advocate Gaurav Agarwal to share copies of these reports with both the Union government and the states. 

The next hearing is scheduled for September 26th at 2 p.m.

Here are the major findings and recommendations highlighted in the report:

• Addressing Overcrowding: The Committee emphasizes the implementation of National Legal Services Authority (NALSA) guidelines to strengthen the Under Trial Review Committee mechanism. This aims to address the issue of overcrowding in prisons.
• Oversight Committee to monitor Prison Dept: The report recommends the establishment of oversight committees in every state to monitor the functioning of prison departments, promoting transparency and accountability.
• Modernizing Legal Proceedings: District courts are encouraged to employ video conferencing not only to extend judicial remand but also to conduct trials.
• Empowering Women Inmates: The Committee noted that in only 10 states, women inmates are allowed to file complaints against jail staff for abuse/harassment. It underscores the need for a robust grievance redressal mechanism and emphasizes telemedicine facilities for women's healthcare.
• Expanding Open Prison System: The report notes that the open prison system is active in only 19 states and recommends its establishment across the entire country, potentially fostering rehabilitation.
• Inclusive Prison Manuals: The report emphasizes revising the Model Prison Manual of 2016 to include a dedicated chapter with specific provisions in line with the Transgender Persons (Protection of Rights) Act, 2019.
• Curbing Violence: The committee suggests segregating undertrials and convicts in prisons to curb violence within correctional facilities.

Case Title: Re Human Conditions in 1382 Prisons v. DG of Prisons and Correctional Services

Citation: W.P.(C) No. 406/2013

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