The Supreme Court directed all the States and Union Territories (UTs) to furnish detailed information on the strength of officers and other staff in jails. The Court was hearing a suo motu plea from 2013 regarding overcrowding and inhumane conditions in Indian prisons.
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NEW DELHI: The Supreme Court of India on Dec 10 addressed the pressing issues of overcrowding and understaffing in Indian prisons. On Tuesday, the apex court directed all States and Union Territories (UTs) to provide detailed information regarding the strength of officers and other staff employed in jails.
A Bench comprising Justices Hrishikesh Roy and SVN Bhatti emphasized the importance of having cadre-wise data on prison personnel. The directive also includes details about the number of vacant posts and the measures being undertaken to fill these vacancies.
“All states/UTs must furnish cadre-wise info on the strength of officers and staff meant for exigencies in the jails. The information also needed on number of vacancies and efforts underway to fill the same,”
-the Court stated.
To facilitate compliance, the Bench granted an eight-week timeline for submitting the required data.
This development arose during the hearing of a suo motu case addressing the critical issues of overcrowded and inhumane conditions prevailing in Indian prisons.
Call for Proactive Measures for Women Undertrials
In a previous hearing, the Court had urged prison authorities to adopt a proactive approach in identifying eligible women undertrials for release under Section 479(1) of the Bharatiya Nyaya Suraksha Sanhita (BNSS).
This provision allows for the release of first-time offenders who have served one-third of the maximum imprisonment term prescribed for their offenses.
Concerns Over Overcrowding and Staffing Shortages
During Tuesday’s hearing, the Bench underscored how overcrowded prisons coupled with inadequate staffing exacerbate the challenges faced by inmates.
“The amicus in the last week had a meeting with Director NALSA and Member Secretary in 3.12.2024 and deliberations were made on the vacancies of jail staff in the country. Letters were written to the concerned Director General of Prisons in few states and info was secured only from state of Bihar. When jails are overcrowded and prisons are understaffed, it is bound to escalate the difficulties for the convicts and undertrials lodged in the jail,”
-the Court observed.
The Bench also noted the lack of adequate responses from most states regarding the vacancy data.
Role of Amicus Curiae in the Case
Senior Advocate Gaurav Agrawal, acting as the Amicus Curiae in this matter, has been actively coordinating with authorities to address the issues raised.
He has engaged with officials from the National Legal Services Authority (NALSA) and various state prison departments to collect and analyze data on staffing and prison conditions.
Conclusion
The Supreme Court’s directive highlights its commitment to addressing systemic issues in the Indian prison system.
The focus on filling staff vacancies and ensuring humane conditions in overcrowded jails reflects a crucial step toward reform.
By requiring States and UTs to submit detailed reports, the Court aims to ensure accountability and pave the way for effective measures to improve the lives of inmates.
CASE TITLE:
In Re: Inhuman Conditions in 1382 Prisons.
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