Plight of prisoners: SC asks Centre, states & UTs to respond

The Supreme Court today asked the Centre, all the states and Union Territories to respond to a petition alleging "blatant violation" of fundamental rights of prisoners, especially the indigent and juveniles in jails across the country.
A bench comprising Chief Justice P Sathasivam and Justice Ranjana Prakash Desai issued notices and asked the Centre, state governments and UT administrations to file their replies within four weeks.
The PIL, filed by a Delhi-based lawyer Suma Sebastian, has said the 1983 Mulla panel recommendations on prison reforms have not been implemented in letter and spirit and despite the law being in force, the poor and juveniles are languishing in jails.

The petition has sought a direction for immediate release of those under trials who are "held solely on bailable offences and have been in jails for longer than one week."
Those under trials, who are in jails for longer than half of the maximum sentence, be released, it said, adding, if the probe continues beyond the stipulated period of "60 or 90 days" (depending on the nature of the offence), the accused may be released.
The PIL also seeks a direction to trial judges and magistrates to consider releasing under trials, who legally deserved the bail, on furnishing of personal bonds only.

"Issue orders establishing detailed procedures to ensure that juveniles are not admitted to or held in adult jails or prisons...," it said.
It also said jails across the country be asked to maintain "accurate and up-to-date" details of under trial prisoners and they should include information such as name, age, gender, date of arrest, nature of alleged offence and maximum possible sentence etc.
The petition said extra care must be taken of under trials who are SC/ST, minority, women, juvenile or disabled to ensure that their rights are respected.