HC direction to TNSLA on jail deaths

The Madras High court has directed the Tamil Nadu State Legal Services Authority to depute officers to jails in their jurisdiction and file a report on the alleged death of more than 1,000 inmates since 2000 till 2013.
The First bench, comprising Chief Justice Sanjay Kishan Kaul and Justice M Sathyanarayanan, asked the Tamil Nadu State Legal Services Authority to use services of its officers in districts and compile data on jail deaths 'giving ground reality in different jails'.It gave a month's time for TNSLSA to complete the work and file a detailed report.
The court gave the direction on a PIL filed by advocate K Ksesavan, stating that upto February 13, 2013 the state jails witnessed 1,095 deaths. It pointed out that during the 13-year period, Tamil Nadu had not witnessed even a single execution of prisoners for any offences.

"In view of the affidavit filed on behalf of the government and the data made available as per the annexures, more specifically annexure D, we call upon the member-secretary of the Tamil Nadu State Legal Services Authority to obtain verification reports within a period of four weeks, giving ground reality in different jails, through officers posted in districts," the judges said.
If necessary, the government could file its response to the report within three weeks thereafter, the bench said and adjourned the matter to September 29 for further proceedings.
Kesavan had highlighted deaths in state prisons and blamed it on the absence of timely medical treatment to inmates and poor infrastructure at prison clinics.

Holding government and jail authorities directly responsible for such custodial deaths, the PIL sought round-the-clock medical facilities in hospitals, besides Rs five lakh compensation each to families of persons dying inside jails.

Ruling out any negligence on their part, the jail administration in their counter said: "The average number of deaths reported due to old age and or illness is quite normal and inevitable. Hence, prisoners' death taking place in prisons could not be compared with judicial execution of death penalty."
State prisons had well-equipped clinics, ambulance facilities, suicide prevention squad, counsellors, doctors and other required infrastructure, the counter said, adding, government had been paying compensation in deserving cases.

However, no compensation needs to be given for deaths which are already examined by judicial magistrates, district magistrates and human rights panels, it said.