VidhiSangh

Supreme Court of India · 13/12/2018

INHUMAN CONDITIONS IN 1382 PRISONS I.A. NO. 26542 OF 2018 IN WRIT PETITION (CIVIL) NO. 406 OF 2013 versus .

[2018] 14 S.C.R. 1230 · 2017 INSC 955

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Summary

The Supreme Court reiterated existing protections for prisoners sentenced to death, including the restricted meaning of that status under section 30 of the Prisons Act. Prisoners retained rights to humane treatment and reasonable meetings with lawyers, family and mental-health professionals. States and Union Territories were directed to conform prison rules to these protections; remaining issues were left to the Justice Amitava Roy Committee.

Issues

  1. When a prisoner is under sentence of death for section 30 purposes and what protections govern treatment and access to assistance.
  2. What further directions were required on prison rules and unresolved issues in the application.

Provisions considered

Held

Result

Application disposed of with directions to conform prison rules to the reiterated protections; other issues left open for examination by the Justice Amitava Roy Committee.

Judgment PDF: Supreme Court of India, [2018] 14 S.C.R. 1230.