RE-INHUMAN CONDITIONS IN 1382 PRISONS versus RE-INHUMAN CONDITIONS IN 1382 PRISONS

RE-INHUMAN CONDITIONS IN 1382 PRISONS versus RE-INHUMAN CONDITIONS IN 1382 PRISONS

Prisoners, including undertrial prisoners and convicts, must be treated with dignity and provided effective legal aid; positive directions are issued for regular review committees, implementation of Section 436 and 436A CrPC, improved conditions and information systems, annual review of the Model Prison Manual, and addressing relevant issues.

Parties
Petitioner Advocate: Gaurav Agrawal; Respondent Advocate: Sushma Suri
Jurisdiction
India
Judgment Date
05 February 2016
Procedural Posture
Writ Petition (civil) / Interim Order
Outcome
Interim directions issued; matter pending.
Legal Topics
Prison Reform, Prisoners' Rights, Public Interest Litigation, Implementation of Model Prison Manual, Legal Aid for Prisoners
Human Rights Constitutional Law Criminal Law Prison Reform Prisoners' Rights Public Interest Litigation Implementation of Model Prison Manual Legal Aid for Prisoners

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Parties

Gaurav Agrawal

Petitioner Advocate

Sushma Suri

Respondent Advocate

Procedural Posture

Writ Petition (civil) / Interim Order

Legal Issues

  1. 1 Conditions of prisons in India
  2. 2 Treatment and rights of prisoners
  3. 3 Overcrowding in prisons

Ratio Decidendi

Prisoners, including undertrial prisoners and convicts, must be treated with dignity and provided effective legal aid; positive directions are issued for regular review committees, implementation of Section 436 and 436A CrPC, improved conditions and information systems, annual review of the Model Prison Manual, and addressing relevant issues.

Court Disposition

Interim directions issued; matter pending.

Orders

  • Under Trial Review Committee in every district to meet quarterly from March 31, 2016; Secretary, District Legal Services Committee to attend and follow-up on discussions for release of eligible prisoners.
  • Committee to ensure implementation of Sections 436 and 436A CrPC, including for prisoners unable to furnish bail bonds due to poverty.