The main legal point established in the judgment is the need for proactive measures to improve jail conditions, expedite the release of eligible prisoners, and enhance the quality of legal aid.

We have heard Shri Sudhir Mehrotra, learned Special Counsel for the Allahabad High Court and Shri Vimlendu Tripathi, learned Additional Government Advocate.

2. By means of this order, we propose to call for a response from the respondents on the aspects mentioned hereinafter:

Response on recommendations of Tata Institute of Social Sciences (TISS)

3. At the outset we must record our heartfelt appreciation that 3 teams of 16 social activists of ?PRAYAS? of the Tata Institute of Social Sciences (TISS), Mumbai have visited UP Central and district jail at Lucknow, Raebareilly, Allahabad, Mathura, Agra, Bareilly Meerut, Varanasi, Azamgarh, and Gorakhpur between June 20 and 30, 2014 pursuant to our request by an earlier order bearing their own expenses for travel to U.P., (with only marginal local logistical support for stay and visit to the jails in U.P. from the State) and have submitted a comprehensive report about the conditions of UP jails and also suggested certain reforms and other measures for improving the conditions of prisoners and jails. These recommendations inter alia mentioned in the report are:

(1) As far as possible, there should be daily jail courts/Lok Adalats, which should be attended by the Magistrate concerned, Public Prosecutor and legal aid lawyers for giving relief to economically weak and other prisoners, who are involved in minor offences .

(2) An attempt should be made to prevent juveniles who are below 18 years of age being lodged in jail and medical certificate etc be obtained, if there is reason to think that the prisoner is less than 18 years in age (as the team of TISS found some juveniles who clearly appeared to be below 18 years in age lodged in some jails.)

(3) The State Legal Services Authority (SLSA) and District Legal Services Authority (DLSA) should make available legal awareness material, such as posters and booklets in jails and also arrange regular sessions on legal rights and arrange legal aid for prisoners. Legal aid lawyers should also visit jails on a roster basis at least once a week. Para legals should be appointed by the DLSA to spread legal awareness, liaison with lawyers appointed on the DLSA panel. Final year law students should be associated with with DLSAs, for carrying out legal guidance and awareness work inside prisons on a regular basis. Efforts should be made for release of prisoners on personal bonds who are languishing in jail in petty and bailable offences. Also in non-bailable offences. the prisoners could be released on personal bonds involving matters covered by sections 436 and 436-A Cr.P.C by the Magistrate concerned. The Magistrate could allow the prisoner to be released on personal bond after seven days in petty offences if he cannot arrange for sureties within the said period.

(4) Old buildings should be identified, repaired and upgraded.

(5) Separate balwadi spaces should be created in all women's sections for children below 6 years of women prisoners, preferably located outside the prison walls. Clean and hygienic drinking water facilities should be made available in every barrack of the prison. There is also a need to improve ventilation for circulation of fresh air and sunlight and electric fans should be installed in sufficient numbers in every prison. The existing toilets should be repaired and provided with sufficient water supply and new toilets should be built inside and outside the barracks. There is also an urgent need to increase the living spaces for women prisoners as there is extreme overcrowding in many of the women's sections in the prisons. Wherever possible kitchen facilities should be provided in women's sections of the prisons. A separate space should be made available to run libraries and reading room in prisons. There should be provisions for emergency funds at the disposal of the prison superintendents to deal with crisis situations such as medical emergencies or any other unforeseen circumstances. All the vacant posts in the prisons shou