Prisoners’ constitutional rights continue even behind bars, the Supreme Court said.
New Delhi:
The Delhi High Court has noted that a prisoner’s basic constitutional rights continue even behind bars and has set up a four-member investigative committee of lawyers to “scrupulously” inspect living conditions in Tihar prison, including status of drinking water, sanitation, general hygiene and maintenance of toilets in the prison complex.
While taking note of the alleged lack of basic facilities in South Asia’s largest prison complex, the court noted that the right to life remains inviolable regardless of an individual’s incarcerated status.
“Recognizing the urgent nature of this matter, we deem it necessary to authorize an independent commission to carry out a close inspection of Tihar Prison. To this end, we are setting up a research committee, consisting of Dr. Amit George, Santosh Kumar Tripathi and Nandita Rao and Tushar Sannu.
“Their mandate is to impartially evaluate the current conditions and inform us about the status of drinking water, sanitation, general hygiene and maintenance of washrooms/toilets within the complex,” said a bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula . in an order passed on August 23.
The Supreme Court heard a Public Interest (PIL) lawsuit filed by the Delhi High Court Legal Services Committee (DHCLSC) highlighting the urgent issue of providing clean drinking water and maintaining hygienic sanitary conditions in the Tihar prison complex .
The petitioner drew the attention of the court to a report resulting from an inspection conducted by a panel lawyer, which highlighted a “worrying shortcoming” in the provision of drinking water to prisoners in prison.
The plea also described sanitary conditions there as unsatisfactory, adding that many washrooms and toilets are in disrepair and that even the prisoners’ basic privacy is at risk due to broken doors, affecting their ability to privately maintain their personal hygiene. enforcement is hindered.
The court noted that a Delhi government representative had informed her in April that initiatives were underway to improve basic facilities in the prison complex.
However, the petitioner’s lawyer, Amit George, painted a very different picture, arguing that they have been inundated with complaints from prisoners claiming an alarming scarcity of basic necessities such as clean drinking water and proper sanitation.
He claimed that there has been no discernible improvement in prison living conditions.
“The report and accompanying photographs clearly show that prisoners are deprived of essential amenities, including safe drinking water and functional toilets. Rule No. 425 of the Delhi Prison Rules, 2018 stipulates that every prisoner must have uninterrupted access to fresh drinking water. These rules emphasize the importance of not only providing clean water to the inmates, but also ensuring a well-maintained sanitation system and sanitation facilities,” the bank said.
It referred to a Supreme Court ruling that stated that the right to life is the most important human right.
“As enshrined in Article 21 of the Constitution of India, this right (to life) remains inviolable irrespective of an individual’s imprisonment status. A prisoner’s basic constitutional rights continue to exist, even behind bars. Therefore, measures that restrict an individual’s freedom should not infringe on their inherent dignity and rights,” the Supreme Court said.
The Supreme Court also asked the Director General (Prisons) of Tihar Prison to facilitate the work of the Commission by providing all necessary resources and support to enable a thorough investigation of the prison premises.
It says that a detailed status report from both the committee and the Delhi government will be submitted before October 18, the next hearing.
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