New Delhi: As the issue over Indian jails being overcrowded with prisoners is raging in the Supreme Court, the Apex Body had commented that prisoners “cannot be kept in jail like animals”, as it noted the face that many of the over 1,300 prisons across the country were overcrowded, even to the extent of more than 600 per cent.
“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 top court said, lambasting state governments and union territories (UTs) for “complete lack of commitment” to fix this “extremely unfortunate” situation.
A bench of Justices MB Lokur and Deepak Gupta also gave a stern warning to the Directors General of Police (Prisons) of all states and UTs of contempt notice for not compliance of its previous orders with regard to submitting a plan of action to deal with issue of overcrowding prisons.
“It is unfortunate that the prisons are overcrowded. Prisoners also have human rights and they cannot be kept in jails like animals,” it said.
The court said it was has received information by amicus curiae that there were a large number of jails in the country where “overcrowding is well above 150 per cent and in one case it is as high as 609 per cent.”
“This is extremely unfortunate and clearly suggests the complete lack of commitment of the State Governments and the Union Territories to the human rights of prisoners and also indicates the failure of the Under Trial Review Committees to take their responsibilities seriously,” it said.
While some jail prisoners have got bail but cannot be released as they were not able to furnish sureties, some others were imprisoned for small and petty offences under which they should have got bail long time ago, the top court said.
Raising concern over the “extremely dismal” performance of the Under Trial Review Committees (UTRCs), the bench said this was quite apparent from the fact that “unrestricted overcrowding in jails continues and in some instances, it has escalated”.
The committee was set up in every district and deliberates and recommends the release of under trial prisoners and convicts who have undergone their sentences or are entitled to be released from jail on bail or remission granted to them.
It directed the states and UTs to give their comments in two weeks on Standard Operating Procedures for the UTRCs, prepared in consultation with National Legal Service Authority (NALSA), so that they can work in an effective and efficient manner.
If the comments of states and UTAs are not received within the stipulated time of two weeks, then it will be assumed that they have got nothing to offer and SOPs will be finalized and circulated for compliance.
The top court had given orders on May 6, 2016 and October 3 2016 and gave a direction to prepare a plan of action by states and UTs to deal with the issue of overcrowding in prisons and the proposal was directed to be submitted by the time of March 31, 2017, but not even one of them gave it.
“We give a direction to all the state governments and UTs to comply with our orders dated May 6, 2016 and October 3, 2016 within a period of two weeks, failing which we may have to issue notice of contempt against the Director General of Police (Prisons) of the State Governments/UTs, which unfortunate step we would like to avoid. But if the information is not provided within two weeks we will be compelled to issue such notices,” it said.
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