The Apex Court on Tuesday commented over the current situation of Indian prisoners in overcrowded jails. The Supreme Court asserted that “prisoners also have human rights and they cannot be kept in jail like animals”.
The Top Court noted that many of prisoners are currently lodged in jail because they have got bail from authorities, but due to lack of sureties, they are not able to leave. Many of them are lodged in jail due to petty offences and reasons and would have availed bail a long time back.
“It’s unfortunate that the prisons are over-crowded. Prisoners also have human rights and they cannot be kept in jails like animals,” a bench of Justices M B Lokur and Deepak Gupta said.
It said, “Some of the jail inmates have got bail but they cannot be released as they cannot furnish sureties. Some are lodged in jail for petty offences under which they should have got bail long back.”
The top court also said, “What’s the point in talking about prison reforms when we cannot keep them in jail. We should release them, if you cannot keep them properly.”
The remarks by the Apex Court came at a time when it was informed that there are more than 600 per cent occupancy in many jails of the country.
The bench also slammed the legal service authority lawyers who do not ensure that they are released and cited the fact that the top court too had ruled about 30-40 years ago about the prisoners having human rights as a normal person.
The top court had also asked the National Legal Authority (NALSA) to look into the issue of jail overcrowding and report with figures of population in the jails where occupancy was more than 150 per cent as on the date of December 31 last year.
It directed an advocate, who is assisting the court as an amicus curiae in the matter, to take a look into the issue of rehabilitation and welfare of women prisoners as well as their children, which included the aspect of education of such kids.
It had also directed NALSA Director Surinder S Rathi to ascertain through the member secretaries of the state legal service authorities along with the number of vacant posts currently lying in major prisons in all states and union territories.
Along with that it also directed them to ascertain on other issues which are related ot standard operating procedure for Under Trial Review Committees (UTRCs) and responses received from states and union territories on open jails.
The committee, which was set up in all districts, deliberates and recommends the release of under trial prisoners and convicts who have undergone their sentences or are entitled to be released from jail due to bail or remission granted to them.
The facility of Semi-open prisons or open prisons allows convicts to work outside the jail premises and earn a livelihood and return to the premises in the evening. The concept was brought in to assimilate the convicts with the society and reduce their psychological mental pressure as they faced lack of confidence in leading normal lives outside.
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