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2016 Supreme(SC) 772
SUPREME COURT OF INDIA
Madan B. Lokur, R.K. Agrawal, JJ.
RE - INHUMAN CONDITIONS IN 1382 PRISONS (II)
WRIT PETITION (CIVIL) NO.406 of 2013
Decided On : 03-10-2016
IMPORTANT POINT
Fundamental rights and human rights of people cannot be ignored only because of their adverse circumstances.
Headnote:(a) Manual for Juveniles – Ministry of Women and Child Development of the Government of India initiating drafting of Manual for juveniles concerning issues pertaining to juveniles in custody either in Observation Homes or Special Homes or Places of Safety – Sufficient time granted by Supreme Court – Manual not yet prepared – Ministry directed to expedite and ready it positively on or before 30th November, 2016. (Para 6)
(b) Overcrowding of prisons – States and Union Territories directed to prepare Plan of Action for reducing prison population – No State/Union Territory taking any step – Direction given to prepare a viable Plan of Action within next six months and in any event by 31st March, 2017 – Fundamental rights and human rights of people cannot be ignored only because of their adverse circumstances – Article 21, Constitution of India – Direction given to Union of India to do the needful before the next hearing, that is 18th October, 2016 (Para 7, 8, 11, 12)
(1975) 3 SCC 185; (1978) 4 SCC 494; (2012) 8 SCC 1 – Relied upon
AIR 1966 SC 424; (1978) 4 SCC 104; (1981) 1 SCC 608; (1993) 2 SCC 746; (1997) 1 SCC 416 – Referred
Facts of the case:
This writ petition has been filed to bring to notice of the Court the conditions of juveniles in custody and results of overcrowding of prisons.
Finding of the Court:
Preparation of Manual for juveniles as initiated by Ministry of Women and Child Development of the Government of India should be expedited.
Plan of action for reducing prison population should be expedited.
Result: Directions given. Matter adjourned to 18th October, 2016.
ORDER
Madan B. Lokur, J.
1. By our order dated 5th February, 2016, (2016) 3 SCC 700 we had drawn attention to over-crowding in prisons and had given directions which would assist in reducing the prison population and generally improve the living conditions of prisoners.
2. When this petition was listed on 14th March, 2016 we had noted that the Ministry of Women and Child Development of the Government of India had set up a Committee on 24th February, 2016 for drafting a Manual similar to the Prison Manual prepared by the Ministry of Home Affairs of the Government of India concerning issues pertaining to juveniles in custody either in Observation Homes or Special Homes or Places of Safety in terms of the Juvenile Justice (Care and Protection of Children) Act, 2015. We were informed that although the Committee was required to submit its report by 31st May, 2016 the time given was rather short. We were in agreement with the Member Secretary of the Committee in this regard and had expressed the view that there was no need to show undue haste in the preparation of the Manual or produce a half baked document. We had also suggested the inclusion of representatives from academia and NGOs in the drafting process.
3. The matter was again taken up on 6th May, 2016 when we were informed by learned Amicus that the Manual for juveniles in custody would take about three months for completion. With regard to over-crowding in jails, the learned Amicus submitted that there are several jails where over-crowding is to the extent of more than 150%, meaning thereby that there are more than one and a half times the number of prisoners than the permissible limit. It was submitted that an excessive prison population has its own problems of hygiene, sanitation, management, discipline etc. The problem of over-crowding cannot be looked at in isolation. He submitted that in the first instance the States may be directed to identify jails in which over-crowding is to the extent of 150% or more so that further directions could be given. On the basis of this submission we called for information and now find that the situation continues to be not only tragic but also pathetic. Learned Amicus has drawn our attention vide his Note dated 20.9.2016 to over-crowding to the extent of 150% or more in jails in Assam (8), Chhattisgarh (17), Jharkhand (3), Karnataka (7), Kerala (21), Madhya Pradesh (5), Maharashtra (16), Rajasthan (21), Uttar Pradesh (47) and Delhi (12). It is unfortunate that in spite of our directions the prison authorities have not been able to take any effective steps for reducing over-crowding in jails.
4. On the submission of the learned Amicus for issuance of further directions, we had vide our order dated 6th May, 2016 expanded the mandate of the under-trial Review Committee to examine the cases of under-trials who fall in the following categories:
a) Become eligible to be released on bail under Section 167(2)(a)(i)&(ii) of the Code read with Section 36A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (where persons accused of section 19 or section 24 or section 27A or for offences involving commercial quantity) and where investigation is not completed in 60/90/180 days;
b) Are imprisoned for offences which carry a maximum punishment of 2 years;
c) Are detained under Chapter VIII of the Criminal Procedure Code i.e. under Sections 107, 108, 109 and 151 of Cr.P.C.;
d) Become sick or infirm and require specialized medical treatment (S.437 of the Code);
e) Women offenders (S.437 of the Code);
f) Are first time male offenders between the ages 19 and 21 who are in under trial custody for offences punishable with less than 7 years of imprisonment and have suffered at least 1/4th of the maximum sentence possible;
g) Are of unsound mind and must be dealt under Chapter XXV of the Code;
h) Are eligible for release under Section 437(6) of the Code, wherein in a case triable by a Magistrate, the trial of a person accused of any non-bailable offenc
