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In Re: Inhuman Conditions in 1382 Prisons (II) - (Supreme Court) (03 Oct 2016)

Fundamental rights and human rights cannot be ignored only because of adverse circumstances

MANU/SC/1164/2016

Civil

Issue involved in instant Petition is relating to over-crowding in prisons. Supreme Court by order dated 5th February, 2016 had given directions which would assist in reducing prison population and improve living conditions of prisoners. Vide order dated 6th May, 2016, States and Inspector General of Prisons were directed to prepare a Plan of Action either to reduce over-crowding or to augment infrastructure so that there is more space available for each prisoner.

Court observed that, more than sufficient time has elapsed but the Manual for juveniles in custody has not yet been prepared by the Ministry of Women and Child Development of the Government of India. Further, not a single State or Union Territory has bothered to prepare a Plan of Action. A viable Plan of Action should be prepared within the next six months and in any event by 31st March, 2017. Information in this regard should be given to the learned Additional Solicitor General and the learned Amicus.

Even though this Court has held on several occasions that prisoners both under trials and convicts have certain fundamental rights and human rights, little or no attention is being paid in this regard by the States and some Union Territories including the National Capital Territory of Delhi. Certainly fundamental rights and human rights of people, however they may be placed, cannot be ignored only because of their adverse circumstances.

Supreme Court observed that, unless due importance is given to fundamental rights and human rights of people, right to life and right to live with dignity under Article 21 of Constitution will have no meaning. Under the circumstances, Court directed Union of India through Ministry of Home Affairs to obtain status of compliance of orders passed on 5th February 2016 and 6th May, 2016 as on 30th September, 2016.

Relevant : D. Bhuvan Mohan Patnaik v. State of Andhra Pradesh (1975) 3 SCC 185; [MANU/SC/0038/1974 ] ; State of Maharashtra v. Prabhakar Pandurang Sangzgiri AIR 1966 SC 424; [MANU/SC/0089/1965 ]; Sunil Batra v. Delhi Administration (1978) 4 SCC 494; [MANU/SC/0184/1978 ]

Tags : PRISONS   OVER-CROWDING   DIRECTION  

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