Prisoners’ fundamental rights still exist; Delhi High Court states as Tihar jail lacks basic amenities
The plea cited unsatisfactory sanitary conditions at the facility and that many restrooms and toilets are in ruins.
The Tihar Jail is situated far away from the busy and jam-packed roads of Delhi, and only disturbed by stray dogs and birds that fly about nearby, and is the largest jail complex in South Asia.
Tihar is maintained as a “Correctional Institution,” a facility with the goal of reforming prisoners into productive members of society by giving them access to education and practical skills.
But the present circumstance goes against the objectives and available resources for rehabilitation of prisoners.
The Delhi High Court Legal Services Committee (DHCLSC) brought up the urgent problem of providing clean drinking water and preserving hygienic sanitary conditions within the Tihar jail complex in a public interest litigation (PIL) that was being heard by the high court.
The petitioner called the court’s attention to a report from an inspection carried out by a panel lawyer that highlighted a “worrying deficiency” in the provision of drinking water for inmates in detention.
Additionally, the plea cited the unsatisfactory sanitary conditions at the facility and said that many restrooms and toilets are in ruins, and even the inmates’ most fundamental privacy is jeopardised by damaged doors, making it difficult for them to maintain personal hygiene in private.
The Delhi High Court established a four-member fact-finding committee of lawyers to “meticulously” examine the living conditions in Tihar jail, including the status of drinking water, sanitation, general hygiene, and maintenance of restrooms in the prison complex. The Delhi High Court noted that a prisoner’s fundamental constitutional rights continue even behind bars.
The court noted that, regardless of the claimed absence of basic amenities in the biggest prison complex in South Asia, everyone’s right to life is unaffected by their position as a prisoner.
Observing that a prisoner’s basic constitutional rights persist even behind bars, the Delhi High Court has constituted a four-member fact-finding committee of lawyers to “meticulously” inspect the living conditions in Tihar jail, including the status of drinking water, sanitation, overall hygiene and maintenance of washrooms in the prison complex.
While taking note of alleged lack of basic amenities in the largest prison complex in South Asia, the court remarked the right to life remains inviolable, irrespective of an individual’s incarcerated status.
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“Recognising the pressing nature of this issue, we deem it necessary to authorise an independent committee for a meticulous inspection of Tihar jail. To this end, we establish a fact-finding committee consisting of Dr. Amit George, Santosh Kumar Tripathi, Nandita Rao, and Tushar Sannu.
“Their mandate is to impartially evaluate the present conditions and update us on the status of drinking water, sanitation, overall hygiene, and the maintenance of washrooms/toilets within the complex,” In a ruling issued on August 23, a panel consisting of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula stated.
The court recalled that in April, a representative of the Delhi government had told it that plans were under way to upgrade the basic facilities at the jail complex.
Amit George, the attorney for the petitioner, presented a radically different picture and maintained that they had received a influx of complaints from prisoners who claimed that there was an alarming lack of needs like clean drinking water and sufficient hygiene.
He argued that the living circumstances within the jail have not changed noticeably.
“The report and accompanying photographs clearly reveal that inmates are bereft of essential amenities, including safe drinking water and functional toilets. Rule No. 425 of the Delhi Prison Rules, 2018, mandates that every inmate should have uninterrupted access to fresh drinking water at all times. These rules emphasize the importance of not only providing inmates with clean water but also ensuring a well-maintained sanitation system and washroom facilities,” the bench noted.
The high court further ordered the Tihar jail’s Director General (Prisons) to aid the committee’s work by giving all necessary tools and assistance so that the jail’s grounds could be thoroughly examined. It stated that before the next hearing date of October 18, a thorough status report from the committee and the Delhi government must be submitted. Rana Ayyub moves to High Court challenging foreign travel restrictions
