Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Public Interest Litigation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14 Referred Case 15 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Directions Issued |
Headnote | Public Interest Litigation – Prison Reforms – Dire necessityof reforms in prison administration and prison management – Held:Union Government directed to issue a notification constituting aSupreme Court Committee on prison reforms consisting of: (i) Oneformer Judge of the Supreme Court as its Chair; (ii) InspectorGeneral of Police, Bureau of Police Research and Development asits member; (iii) Director General (Prisons) Tihar Jail, New Delhias its member – The Committee directed to give its recommendationson the following issues as its terms of reference: 1) Review theimplementation of the Guidelines contained in the Model PrisonManual, 2016 by States and Union Territories (UT’s); 2) Reviewthe implementation by the States and UTs of the recommendationsmade by the Parliamentary Committee on Empowerment of Womenin its report tabled in the Parliament titled ‘Women in Detention andAccess to Justice,’ and the advisory issued by the Ministry of HomeAffairs (MHA) in this regard; 3) To review the two training manualsfor prison personnel prepared by Bureau of Police Research &Development (BPR&D), ‘Training Manual of Basic Course forPrison Officers 2017’ and ‘Training Manual of Basic Course forPrison Warders 2017’ and forwarded to States and UTs; 4) Reviewthe recommendations made in the report of the Ministry of Womenand Child Development in collaboration with the NationalCommission for Women and the National Law University Delhi on‘Women in Prisons’; 5) Review the recommendations made in thereport of the National Commission for Women on ‘Inspection ofPrisons/Jails/ Custodial Homes housing Women’; 6) Review theimplementation by States and UTs of the Guidelines contained in‘Living conditions in Institutions for Children in Conflict with Law’prepared by the Ministry of Women and Child Development (MWCD)and the Model Rules and Procedures prepared by the MWCDunder the Juvenile Justice (Care & Protection of Children) Act, 2015and Juvenile Justice (Care and Protection of Children) Model Rules, 2016; 7) Review the status of the implementation of the guidelinesand advisories issued by MHA to the States and UTs; 8) TheCommittee may give its consolidated recommendations based on theabove and suggest measures to improve the implementation of theaforementioned guidelines and advisories, subject to budgetaryresources available with the States and the UTs; 9) To examine theextent of overcrowding in prisons and correctional homes andrecommend remedial measures, including an examination of thefunctioning of Under Trial Review Committees, availability of legalaid and advice, grant of remission, parole and furlough; 10) Toexamine violence in prisons and correctional homes andrecommend measures to prevent unnatural deaths and assess theavailability of medical facilities in prisons and correctional homesand make recommendations in this regard; 11) To assess theavailability and inadequacy of staff in prisons and correctionalhomes and recommend remedial measures; 12) To suggest trainingand educational modules for the staff in prisons and correctionalhomes with a view to implement the suggestions; 13) To assess thefeasibility of establishing Open Prisons, the possibility of and thepotential for establishing Open Prisons in different parts of thecountry and give effect to the recommendations; 14) To recommendsteps for the psycho-social well-being of minor children of womenprisoners, including their education and health; 15) To examineand recommend measures for the health, education, developmentof skills, rehabilitation and social reintegration of children inObservation Homes, Places of Safety and Special Homesestablished under the provisions of the Juvenile Justice (Care andProtection of Children) Act, 2015; 16) Generally, any otherrecommendation that the Committee may deem appropriate, fit andproper in furtherance of reforms in prisons and correctional homes;17) The Committee while giving its suggestions andrecommendations may also suggest changes or amendments tovarious guidelines contained in the Modern Prison Manual, 2016and also various directives issued by the Government of India –The Committee was further directed to devise its own procedureand formulate modalities necessary for accomplishing the task andto call for information from all the State Governments, UTAdministrations and the Ministries/Departments of the CentralGovernment as it considered necessary – All authorities of the State Governments and Union Territories directed to extend fullcooperation with Committee – Matter to be listed for further ordersafter submission of the final report by the Committee – Constitutionof India – Arts.21 and 32 – Juvenile Justice (Care & Protection ofChildren) Act, 2015 – Juvenile Justice (Care and Protection ofChildren) Model Rules, 2016. |
Judge | Hon'ble Mr. Justice Madan Bhimarao Lokur |
Neutral Citation | 2017 INSC 955 |
Petitioner | Re-inhuman Conditions In 1382 Prisons |
SCR | [2018] 12 S.C.R. 78 |
Judgement Date | 2018-09-25 |
Case Number | 406 |
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