A bench comprising Justices Hrishikesh Roy and SVN Bhatti emphasized the need for special efforts by jail superintendents to identify eligible female prisoners.
![[Inhumane Prison Conditions] ‘Last Person Matters Most’: SC On Freeing Eligible Female Undertrial Prisoners](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/10/image-17-2.png?resize=820%2C820&ssl=1)
NEW DELHI: The Supreme Court, in a suo motu case concerning overcrowding and inhumane prison conditions, directed prison authorities to proactively identify women undertrials eligible for release under Section 479(1) of the Bharatiya Nyaya Suraksha Sanhita, 2023 (BNSS).
This provision allows first-time offenders, who have served up to one-third of their potential sentence, to be released on bond.
A bench comprising Justices Hrishikesh Roy and SVN Bhatti emphasized the need for special efforts by jail superintendents to identify eligible female prisoners.
“While Section 479 is gender-neutral, ensuring justice reaches the unseen and unheard in jails, particularly women, is crucial,” the Court remarked.
It highlighted concerns about women prisoners, especially those with children growing up in jails, stressing the importance of considering their cases attentively.
The Court also noted that while 27 states and union territories had submitted reports, Uttar Pradesh, Bihar, Tripura, and Goa had not. These states were instructed to respond within two weeks. The Court reprimanded Uttar Pradesh for non-compliance and emphasized that addressing eligible undertrial releases would help mitigate overcrowding.
Senior Advocate Gaurav Agrawal, the amicus curiae, will assist in the matter, with the next hearing scheduled for December 10. The Court reiterated its call for state governments and union territories to prioritize the fundamental right to liberty under Article 21 of the Constitution.
[In Re: Inhuman Conditions in 1382 Prisons]
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