RE- INHUMAN CONDITIONS IN 1382 PRISONS (JI) versus .

RE- INHUMAN CONDITIONS IN 1382 PRISONS (JI) versus .

Prisoners, whether under-trials or convicts, retain fundamental and human rights, including the right to life and dignity under Article 21. Over-crowding in prisons beyond permissible limits is inhuman and must be addressed by States and prison authorities, which are directed to prepare a viable Plan of Action for reducing prison population. Ministry of Women and Child Development must expedite preparation of the Manual for juveniles in custody.

Parties
Petitioner: Gaurav Agrawal; Respondent: Union of India; Respondents: States and Union Territories including National Capital Territory of Delhi
Jurisdiction
India
Judgment Date
03 October 2016
Procedural Posture
Writ Petition (civil) / Order on Directions and Compliance
Outcome
Directions issued; matter adjourned for compliance.
Legal Topics
Over Crowding in Prisons, Under Trial Prisoners, Convict Prisoners, Prisoners' Fundamental Rights, Human Rights in Custody, Preparation of Manual for Juveniles in Custody, Right to Life and Dignity
Constitutional Law Human Rights Law Criminal Law Juvenile Justice Over Crowding in Prisons Under Trial Prisoners Convict Prisoners Prisoners' Fundamental Rights +3 more

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Parties

Gaurav Agrawal

Petitioner

Union of India

Respondent

States and Union Territories including National Capital Territory of Delhi

Respondents

Procedural Posture

Writ Petition (civil) / Order on Directions and Compliance

Legal Issues

  1. 1 Whether inhuman prison conditions violate Article 21 of the Constitution
  2. 2 Fundamental and human rights of prisoners during incarceration
  3. 3 Compliance with Supreme Court directions on prison conditions and juveniles in custody

Ratio Decidendi

Prisoners, whether under-trials or convicts, retain fundamental and human rights, including the right to life and dignity under Article 21. Over-crowding in prisons beyond permissible limits is inhuman and must be addressed by States and prison authorities, which are directed to prepare a viable Plan of Action for reducing prison population. Ministry of Women and Child Development must expedite preparation of the Manual for juveniles in custody.

Court Disposition

Directions issued; matter adjourned for compliance.

Orders

  • Ministry of Women and Child Development to expedite preparation of Manual for juveniles in custody and ensure readiness by 30th November, 2016.
  • States and Inspector General of Prisons to prepare a viable Plan of Action for reducing prison population within next six months and in any event by 31st March, 2017.