Light of Article 21 continues to burn even for a prisoner: Uttarakhand High Court orders improvement in prison infra

The Uttarakhand High Court recently expressed its shock over the dismal state of prison infrastructure in the State and observed that inmates were being treated like subjects (Santosh Upadhyay and Anr v State of Uttarakhand and Anr)..A Bench of Chief Justice RS Chauhan and Justice NS Dhanik said that Article 21 of the Constitution which lays downright to life is also available to prisoners and the State was deluding itself if it hoped that the incarceration of prisoners in such deplorable conditions will lead to any reformation..The Court said that the State seemed to have forgotten its ‘pious’ and constitutional duty towards jail inmates, and even if a person is incarcerated they cannot be denied their fundamental rights."The bright light of Article 21 of the Constitution of India continues to burn even for a prisoner. Despite the fact that a person is incarcerated in jail, yet Article 21 of the Constitution of India dictates and demands that the Right to Life has to be respected by one and all. The Right to Life would include the right to live with a sense of dignity, with a sense of honor, and privacy. It also demands that every human being should live life above ‘animal existence’,” the Bench said..After perusing a report prepared by the government officials highlighting the condition of each jail in the State, the Bench noted that in some of the prisons the number of people incarcerated was almost thrice its capacity while most of them lacked proper kitchens, washrooms or any sort of industry.The Court said it is the responsibility of the State government to not only maintain the existing jails but also to construct new ones.“It is, indeed, trite to state that it is the responsibility of the State Government to not only maintain the existing jails, but also to construct new jails for the benefit of the jail population. The State Government cannot be oblivious of the fact that each person, be he or she undertrial or a convicted prisoner, is a citizen of this country. He/she is endowed with all the fundamental rights bestowed upon a person by the Constitution of India. Merely because a prisoner is incarcerated in jail, he/she is not denuded of his/her fundamental rights. The fundamental rights of a prisoner deserve to be observed as minutely and as carefully as the fundamental right of a free citizen,” the Bench noted..The Court has now constituted a committee under the chairmanship of former Inspector-General (Prisons) of Telangana, VK Singh to visit all the 13 jails in the State and make recommendations with regard to enhancement of infrastructure of jails and improving the amenities available to jail inmates. The committee has been asked to recommend laws which need to be enacted for the benefit of prisoners.The Court also directed the Committee to submit its recommendations to the government in three months, while saying that the government is duty-bound to carry out these recommendations within six months of receiving them.The State’s Secretary (Home) and IG Prisons were directed to inform the Court on a monthly basis about the progress being made about the implementation of directions issued, and to be personally present on January 12, 2022 when the case will be heard next.The Bench directed its registry to list the case on each Wednesday of the third week of every month..It also issued a slew of directions to the Government to improve the prison infrastructure. These include:.- The State government shall not only improve the conditions of the existing jails, but shall also ensure that new jails are constructed in an expeditious manner. - An open air camp, on the Rajasthan Model, should be constructed in the Garhwal Region, preferably either in Haridwar or Dehradun district. While constructing the open air camp in the Garhwal Region, the open air camp at Sitarganj, namely Sampoornanand open air camp, should also be reconstructed on the Rajasthan model.- The State government shall provide sufficient budget for the maintenance of the jails, which are presently operating in the State.- The facilities being provided in the jails, namely the kitchen, needs to be modernized, and be up to date. The bathrooms need to be redone, and renovated. Factories need to be established in order to upgrade the skills of the prisoners. Better medical facilities, including permanent Doctors, male nurses, female nurses, gynecologists where the jails have female prisoners, need to be ensured on a war footing.- The 407 vacancies in different cadres need to be filled up as expeditiously as possible, and preferably within a period of six months from today. In case the Uttarakhand Subordinate Service Selection Commission (UKSSSC) finds it difficult to do so, then the State government should take strict action against it. The Commission cannot abdicate its responsibility of recruiting sufficient staff. Needless to say, the jail department cannot be run until and unless it is given complete staff to look after the large population of the jails.- The State government was also directed to consider establishing district jails in the six districts, which are presently without any jails.- The State government was also directed to construct a new Judicial Lock-up at Lohaghat with all modern amenities; it is further directed to ensure that the present Judicial Lockup at Lohaghat is completely renovated and a separate kitchen is provided for cooking of the food.- The State government should grant the budget requested by the Jail Department. The State government needs to realize that if sufficient number of factories and industries are introduced, as have been introduced in Cherlapally Central Jail in Hyderabad, not only the skill upgradation of prisoners is guaranteed, not only a livelihood is guaranteed to the prisoners after their release, most importantly the jails become an economic center of productivity. It is no secret that Cherlapally Central Jail in Hyderabad produces all the wood and steel furniture required by the Government of Telangana. It has petrol pumps, which are operated outside the Cherlapally Central Jail by the convicted prisoners. Even the women jail has a confectionery, which operates and caters to the confectionery needs of the people of Hyderabad.".Recently, the Delhi High Court had said that when a person is lodged in jail as an undertrial or as a convict, all their constitutional rights continue except the right to personal liberty.It had, therefore, took exception to inmates being beaten up inside the prisons by jail authorities. .[Read Order]