Summary
In continuing prison-reform proceedings, the Supreme Court requested every High Court to take up overcrowding and prison-staff vacancies through suo motu writ petitions. It directed finalisation and circulation of the Under Trial Review Committee standard operating procedure by 30 June 2018. The order also addressed the forthcoming study on women prisoners and children, use of prison-staff training manuals, and circulation and implementation of open-prison model rules. Further consideration was listed for 2 August 2018.
Issues
- How overcrowding and prison-staff vacancies should receive judicial attention.
- What further steps were required on undertrial review, women prisoners, training and open prisons.
Held
- NALSA’s Under Trial Review Committee standard operating procedure was to be finalised by 30 June 2018 and circulated to District Judges and committees for implementation. Implementation difficulties were to be reported to NALSA for corrective action. (¶ Issue 1: Under Trial Review Committee)
- Because overcrowding implicated human rights, each High Court was requested to take up the issue suo motu with assistance from the State Legal Services Authority or High Court Legal Services Committee. The Secretary General was to transmit the order and report back. (¶ Issue 2: Overcrowding in Prisons)
- Each High Court was separately requested to take up prison-staff vacancies suo motu, with the same transmission and reporting arrangement. (¶ Issue 3: Vacancies in the prisons staff)
- The proposed study of women prisoners and their children was expected by 30 June 2018, followed by governmental consideration. The issue was listed for 2 August 2018; the Court did not treat the study as already completed. (¶ Issue 4: Women prisoners and their children)
- National and State Police Academies were expected to use the Bureau of Police Research and Development training manuals for appropriate courses. Further manuals could be prepared, with information to the amicus. (¶ Issue 5: Training Manuals)
- The Union’s finalised model rules for open correctional institutions were to be circulated to States for notification and implementation. States were expected to use existing open-prison capacity and consider expansion, while States and Union Territories were to examine establishing open prisons at additional locations. (¶ Issue 6: Open Prisons)
Result
Continuing directions issued on six prison-reform issues. Matter listed for 2 August 2018; no final disposal of the overall proceedings.