Dehumanising jails

Taking a serious view of custodial violence and inhuman conditions in jails, the Supreme Court has ordered far-reaching reforms as well as payment of compensation for unnatural deaths recorded in prisons since 2012. The court says prisoners too have their rights, including a fundamental right to health, and they should have access to counsellors and support persons. The National Crime Records Bureau has listed 552 unnatural deaths of prisoners between 2012 and 2015.  It is incumbent upon the Chief Justice of every high court to ensure that compensation is paid for all unnatural deaths, which are caused generally by negligence, suicide or murder by fellow prisoners. However, as the court has itself noted, it is not always easy to establish clearly an unnatural death. Can a death caused by delayed or lack of medical help be termed as unnatural? 

Acting on a 2013 PIL petition, a Bench of Justices Madan Lokur and Deepak Gupta has attempted a cleanup of the country's 1,382 prisons, which in itself is a laudable initiative. The court has called for a greater degree of sensitivity among those in authority with regard to persons in custody. Given the appalling conditions prevailing in jails, the Supreme Court wants the Centre and states to be more circumspect in making arrests. Family members’ visits to prisoners should be encouraged as also a contact through phone and video conference. Punjab jail officials offer such services, including the supply of drugs, for a price.

Fake encounters and custodial deaths are familiar occurrences which have ceased to cause surprise or shock. If a custodial death in Shimla led to the arrest of eight policemen, including an IG-level officer, it was because the CBI was on the job. Elsewhere punitive action is determined by the offender’s political contacts, or lack of these. Innocents languish in jails since “jail and not bail” is the norm that the judiciary at the lower level follows. Every suspect is remanded, pending investigations. Adjournments are a routine. Instead of putting the entire responsibility on the executive, the judiciary itself should take part of the blame for the pile-up of cases and the rot in prisons.