Summary
Prison overcrowding and inadequate facilities required urgent action rather than delayed approvals. The Court issued State-specific compliance directions, required States and Union Territories to conclude pending project approvals and land identification within ten weeks, and directed personal affidavits from Chief Secretaries. Capacity assessment must account for each inmate’s facilities and staffing, using the Model Prison Manual 2016 as an initial benchmark, consistently with prisoners’ Article 21 rights.
Issues
- What immediate measures and accountability were required to address prison overcrowding and infrastructure deficiencies.
- Whether campus area alone established adequate prison capacity.
Provisions considered
- Article 21, Constitution of IndiaPrisoners retain fundamental rights in custody; the State must secure basic prison facilities and respond urgently to overcrowding and living-condition deficiencies. (¶¶ 40, 41, 42)
Held
- Bihar was directed to prioritise the recommended works across its jails, fix milestones, endeavour to shorten projected timelines and file a fresh compliance affidavit. Delay at the approval stage was unacceptable for urgently needed prison improvements. (¶¶ 6, 9, 10, 11, 12, 13)
- Punjab was directed to act on the identified infrastructure approvals, supporting facilities, de-addiction medical needs and women’s hygiene measures. Chhattisgarh must examine overcrowding jail by jail, match additional capacity with toilets and staff, expedite proposals and provide the missing committee report concerning women and children. Both must file compliance affidavits. (¶¶ 14, 15, 16, 19, 20, 21)
- Rajasthan must adhere to construction and proposal timelines. Jharkhand must act on new-jail, works-estimate and women-and-children facility recommendations, with scrutiny at the highest administrative level rather than leaving progress to prison superintendents. Odisha must expedite capacity augmentation and report; Kerala must complete committee consideration and prioritise urgent measures. (¶¶ 25, 27, 28, 29, 30, 31, 32, 33, 34)
- Additional responses must be personally affirmed by the relevant Chief Secretaries and filed at least one week before the next hearing, with advance copies to the amicus. States and Union Territories must bring pending project-sanction and suitable-land-identification approvals to conclusion within ten weeks of this order. (¶¶ 35, 36, 37)
- The Model Prison Manual 2016 provides initial common specifications. A large campus alone does not establish enhanced capacity: sleeping space, movement, food and kitchens, healthcare and other inmate facilities must be adequate. Proposed affidavits must address capacity and staffing holistically, including wardens, cooks, doctors and other staff. (¶¶ 38, 39, 40, 41)
- Prisoners remain persons entitled to fundamental rights under Article 21 while in custody. All stakeholders must expeditiously fulfil their obligations to secure basic prison facilities. The continuing matter was directed to be listed on 11 July 2024 at the top of the Board. (¶¶ 42, 43)
Result
State-specific and general prison-reform directions issued; personal Chief Secretary affidavits required. Matter listed for 11 July 2024.