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RE-INHUMAN CONDITIONS IN 1382 PRISONS vs. RE-INHUMAN CONDITIONS IN 1382 PRISONS

SCR Citation: [2016] 1 S.C.R. 1090
Year/Volume: 2016/ Volume 1
Date of Judgment: 05 February 2016
Petitioner: RE-INHUMAN CONDITIONS IN 1382 PRISONS
Disposal Nature: Others
Neutral Citation: 2016 INSC 144
Judgment Delivered by: Hon'ble Mr. Justice Madan Bhimarao Lokur
Respondent: RE-INHUMAN CONDITIONS IN 1382 PRISONS
Case Type: WRIT PETITION (CIVIL) /406/2013
Order/Judgment: Judgment
1. Headnote

Prison reforms: Present case pertaining to conditions of prisons in India - By instant order this Court held: Prisoners like all human beings deserve to be treated with dignity - To give effect to that, certain positive directions passed - Undertrial Review Committee in every District directed to hold meetings periodically and follow up the discussions with appropriate steps for release of undertrial prisoners and convicts - The Committee to also look into aspects pertaining to effective implementation of s.436 and s.436A of Cr.P.C - Member Secretary of State Legal Services Authority of every Stare directed to ensure that an adequate number of competent lawyers are empaneled to assist under trial prisoners and convicts - Secretary of District Legal Services Authority directed to look into the issue of release of under trial prisoners in compoundable offences - Jail Authorities directed to ensure proper and effective utilisation of available funds for improving quality living conditions of prisoners - Ministry of Home Affairs to ensure that Management Information System is in place at the earliest in all the Central and District Jails for women and conduct an annual review of implementation of Model Prison Manual 2016 - Remaining issues particularly those relating to unnatural deaths in jails, adequacy of staff and training of staff would be considered on next date of hearing - Constitution of India, 1950-Art.21 - Code of Criminal Procedure, 1973 - ss. 436, 436A,

Model Prison Manual - Held: Is a detailed document consisting of as many as 32 chapters that deal with a variety of issues including custodial management, medical care, education of  prisoners, vocational training and skill development programmes, legal aid, welfare of prisoners, after care and rehabilitation etc.

Manual in case of juveniles - Notice issued to the Secretary, Ministry of Women and Child Development to prepare a manual in respect of juveniles who are in custody either in observation Homes or Special Homes of Safety in terms of Juvenile Justice (Care and Protection of Children) Act, 2015.

2. Case referred
3. Act
  • Code Of Criminal Procedure, 1973 (2 of 1974)
  • Code Of Criminal Procedure, 1973 (2 of 1974)
  • Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016)
  • Repatriation of Prisoners Act, 2003 (49 of 2003)
  • Legal Services Authorities Act, 1987 (39 of 1987)
  • Probation of Offenders Act, 1958 (20 of 1958)
4. Keyword
  • Prison reforms
  • Under-trial Review Committee
  • Section 436
  • 436A CrPC
5. Equivalent citation
    Citation(s) 2016 AIR 993 = 2016 (3) SCC 700 = 2016 (3) Suppl. SCC 700 = 2016 (2) JT 27 = 2016 (2) Suppl. JT 27 = 2016 (2) SCALE 185