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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.R.SWAMINATHAN, R.POORNIMA
R.Ramalingam – Appellant
Versus
Principal Secretary to Government – Respondent
ORDER :
G.R. Swaminathan, J.
The Marxian maxim 'From each according to his ability, to each according to his need' is applied in part by TAMIL NADU PRISON RULES , 1983. Rule 228 (7) of the Prison Rules states that the prison tasks shall be assigned with careful regard to the capacity of the prisoners. When it comes to according facilities, prisoners are held eligible for class “A”, if they by social status, education or habit of life have been accustomed to a superior mode of living.
2. When one Manikandan claimed “A” class facility in Madurai Central Prison on the ground that during his incarceration, he acquired degree qualification, his request was rejected by the Government. Construing Rule 225, we held that a bare reading of the rule indicates that the acquisition of educational qualification should have preceded the prisoner's conviction/sentence. In other words, by virtue of his education, the prisoner should have already been accustomed to a superior mode of living when he was a free bird. Acquiring qualification in prison cannot be a ground for invoking Rule 225 (1)(i). We do not propose to depart from the said view taken vide order dated 18.11.2024 in W.P.(MD)No.21645 of 2
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The judgment establishes the principle that the rights of prisoners, including the legality of their confinement and denial of facilities, are protected under Article 21 of the Constitution, and the ....
The court mandated the improvement of communication facilities for legal practitioners with undertrial prisoners, emphasizing adherence to the Tamil Nadu Prison Rules and the protection of prisoners'....
Prisoners hold fundamental rights to hygiene and sanitation, requiring state reforms for adequate treatment and facilities in line with modern legal standards.
The judgment establishes that the systemic neglect of prisoners with disabilities constitutes human rights violations, emphasizing the need for comprehensive reforms in prison infrastructure and trea....
Prisoners are entitled to basic human rights, including dignity and education, which must be upheld by prison authorities as per constitutional guarantees.
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