A division bench of justices A S Oka and A A Sayed also directed the government to see if it can carry out any additional construction at Arthur Road jail here and Yerwada prison in Pune to provide better facilities and space to the prisoners.
The court was hearing a public interest litigation filed by NGO 'Jan Adalat - Centre of Para-Legal Services and Legal Aid' on the issue of jail conditions in the state.
It directed the government to set up a committee headed by a retired high court judge and experts as members to conduct a scientific study on setting up a model prison with necessary infrastructure and steps to reduce overcrowding.
The bench directed the committee to file its report along with recommendations in six months.
The court further said adequate provision will have to be made to set up a well equipped hospital inside the prison.
On the issue of minor children staying with their mothers at the Byculla Womens' prison, the court said the government should take a policy decision as to till what age children can be permitted to stay with their mothers.
"It goes without saying that an arrangement will have to be made by establishing creche, nursery and kindergarten schools and if necessary primary schools near the precincts of the jails so that the children can get proper facilities of education," the court said.
to make available school uniforms, books and other material to the children.
The court noted that there is no scientific study conducted and there is no policy decision arrived at by the state government regarding the size of the cells where prisoners are kept.
The court further said the government should undertake an exercise of determining the number of jails which are necessary in the context of estimation of number of prisoners.
"Considering the data of the crime rates of the state for the last 10 years or so, the present crime rate, the number of prisoners in various jails as of today and the present pendency of criminal cases, the current requirement of capacity of jails as well as the requirement for the next fifty years will have to be determined," the court said.
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