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SC tells govt to reduce number of prisoners

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The Supreme Court has directed the Union government and all states to prepare a plan of action by March 31, 2017 to reduce prison population.

"Unless due importance is given to the fundamental rights and human rights of the people, the right to life and the right to live with dignity under Article 21 of the Constitution will have no meaning," the court said.

The court also ordered the Ministry of Women and Child Development to expedite the preparation of the Manual of Juveniles in custody, on or before November 30, 2016.

A bench of Justices Madan B Lokur and R K Agrawal said it is distressing to note that even though the apex court has, on several occasions, held that both prisoners under trial and convicts have certain fundamental rights and human rights, little or no attention is being paid in this regard by the states and some Union Territories, including the National Capital Territory of Delhi.

"Certainly, fundamental rights and human rights of people, however they may be placed, cannot be ignored only because of their adverse circumstances," the bench said.

The court noted jails in states like Karnataka, Assam, Chhattisgarh, Jharkhand, Kerala, Madhya Pradesh, Maharashtra, Rajasthan, Uttar Pradesh have recorded overcrowding of up to 150%.

"We also find that not a single state or Union Territory has bothered to prepare a Plan of Action and bring it to our notice or to the notice of the learned Amicus. Consequently, we are left with no option but to direct the states and the Inspector General of Prisons to prepare a Plan of Action as already directed on May 6, 2016 for reducing the prison population," the bench said.

The court noted that there were proposals for constructing additional barracks or jails, but these appeared to be ad hoc proposals with no time limit specified for completion and in some cases it is not clear whether provision has been made for providing resources for the construction.

"A viable Plan of Action should be prepared within the next six months and in any event by March 31, 2017," the bench said.
DH News ServiceThe Supreme Court has directed the Union government and all states to prepare a plan of action by March 31, 2017 to reduce prison population.

"Unless due importance is given to the fundamental rights and human rights of the people, the right to life and the right to live with dignity under Article 21 of the Constitution will have no meaning,” the court said.

The court also ordered the Ministry of Women and Child Development to expedite the preparation of the Manual of Juveniles in custody, on or before November 30, 2016.

A bench of Justices Madan B Lokur and R K Agrawal said it is distressing to note that even though the apex court has, on several occasions, held that both prisoners under trial and convicts have certain fundamental rights and human rights, little or no attention is being paid in this regard by the states and some Union Territories, including the National Capital Territory of Delhi.

"Certainly, fundamental rights and human rights of people, however they may be placed, cannot be ignored only because of their adverse circumstances,” the bench said.

The court noted jails in states like Karnataka, Assam, Chhattisgarh, Jharkhand, Kerala, Madhya Pradesh, Maharashtra, Rajasthan, Uttar Pradesh have recorded overcrowding of up to 150%.

"We also find that not a single state or Union Territory has bothered to prepare a Plan of Action and bring it to our notice or to the notice of the learned Amicus. Consequently, we are left with no option but to direct the states and the Inspector General of Prisons to prepare a Plan of Action as already directed on May 6, 2016 for reducing the prison population,” the bench said.

The court noted that there were proposals for constructing additional barracks or jails, but these appeared to be ad hoc proposals with no time limit specified for completion and in some cases it is not clear whether provision has been made for providing resources for the construction.

"A viable Plan of Action should be prepared within the next six months and in any event by March 31, 2017,” the bench said.
DH News Service

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