SHEELA BARSE versus STATE OF MAHARASHTRA

The Supreme Court held that legal aid for poor prisoners is constitutionally required, and issued detailed directions to ensure provision of legal assistance, prevent custodial violence, and protect women prisoners in lock ups, enforcing Articles 14, 21, and 39A of the Constitution.

Parties: Petitioner: Sheela Barse; Respondent: State of Maharashtra
Jurisdiction: India
Judgment Date: 15 February 1983
Procedural Posture: Writ Petition (criminal) / Disposition of Petition
Outcome: Petition disposed of with directions
Legal Topics: Legal Aid, Custodial Violence, Rights of Prisoners, Women's Rights, Police Procedure

Constitutional Law Criminal Law Human Rights Legal Aid Custodial Violence Rights of Prisoners Women's Rights Police Procedure

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Full judgment text Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 1

Parties

Sheela Barse

Petitioner

State of Maharashtra

Respondent

Procedural Posture

Writ Petition (criminal) / Disposition of Petition

Legal Issues

1 Whether legal assistance is constitutionally required for poor and indigent prisoners
2 What protections are necessary for women prisoners in police lock ups
3 How to prevent custodial violence and ensure prisoner rights

Ratio Decidendi

Court Disposition

Petition disposed of with directions

Orders

Inspector General of Prisons to issue circular to jail superintendents on providing lists of under-trial prisoners and persons detained under s.41 CrPC to Legal Aid Committees
District Legal Aid Committees to nominate lawyers for jail visits and provide periodic reports