Supreme Court Punishes States for Failure to Address Prison Overcrowding

The Supreme Court recently took exception to the lax attitude of the state and union territory governments in following the guidelines to tackle the problem of overcrowding in prisons. (Re: Inhuman conditions in 1,382 prisons).

The Bench of Judges Hima Kohli AND Ahsanuddin Amanullah expressed regret at the lack of urgency shown by States.

“We are compelled to note that the State Governments/Union Territory Administrations have not fully woken up to this dire situation. Devoid of a sense of urgency, we are experiencing a certain lethargy. It is very unfortunate that when questions were put by this Court to a learned lawyer appearing on behalf of the States, the standard reply received was that more time should be given to furnish the details. It goes without saying that a learned lawyer cannot approach this Court without instructions,” he noticed.

The court, therefore, asked all parties concerned to take immediate action and discharge their obligations as the case concerned the right to liberty under Article 21 of the Constitution.

“We may reiterate that prisoners are protected under Article 21 of the Constitution of India” The bench added.

The court was hearing a 2013 ex officio petition alleging overcrowding and inhuman conditions in Indian prisons and prison complexes.

In its May 14 order, the Supreme Court criticised the states of Bihar, Jharkhand and Kerala.

“This (Amicus’) The memo pointed out that there was some slackness in the issuance of permissions for commencement of work… This Court is not satisfied with the steps taken by the appropriate authorities of the State of Bihar to show seriousness in addressing the issues which are urgent in nature and cannot be treated lightly,” said.

In the case of Jharkhand, it said the state “does not appear to be serious about taking immediate remedial measures.”

In relation to Kerala, the Court found that “no specific action has been taken” in terms of follow-up of the identified deficiencies.

The three countries, as well as other countries, were urged to comply with the pending guidelines and measures as a matter of priority.

The case will be heard again on July 11.

Senior advocate Gaurav Agrawal is amicus curiae in the case.