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SC bats for prisoners’ right to dignity, issues stern directives on prison reforms

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SC bats for prisoners’ right to dignity, issues stern directives on prison reforms

[vc_row][vc_column][vc_column_text]Custodial deaths indicate the apparent disdain of the State to the life and liberty of individuals, says the Supreme Court in landmark 43-page verdict

In a landmark verdict aimed at restoring a prisoner’s right to lead a life with dignity even while being lodged in a jail and to provide for the kin of prisoners who die of “unnatural’ causes while in jail, the Supreme Court on Friday issued a slew of directives to the Centre, States and High Courts across the country.

Noting that “there seems to be no let up in custodial deaths” across the country, the apex court Bench of Justices Madan B Lokur and Deepak Gupta said: “This is not a sad but a tragic state of affairs indicating the apparent disdain of the State to the life and liberty of individuals, particularly those in custody. The time to remedy the situation is long past and yet, there seems to be no will and therefore no solution in sight”.

Interestingly, the judgment came not on a public interest litigation but over a letter addressed to the apex court in 2013 by its then Chief Justice RC Lahoti on the deplorable conditions of 1382 prisons across the country, which had been admitted in the form of a PIL.

Justice Lokur who authored the judgment delivered on Friday said in his 43-page verdict: “right sounding noises critical of custodial violence (in any form) cannot achieve any useful purpose unless persons in authority hear the voices of the victims or the silence of the dead and act on them by taking remedial steps.”

The verdict asks Chief Justices of all High Courts across the country to “register a suo motu public interest petition with a view to identifying the next of kin of the prisoners who have admittedly died an unnatural death as revealed by the National Crime Records Bureau (NCRB) during the period between 2012 and 2015 and even thereafter, and award suitable compensation, unless adequate compensation has already been awarded”.

The Court’s order to compute compensation from 2012 onwards has been given on the rationale that the NCRB didn’t maintain any data for unnatural deaths in prisons in the years preceding 2012.

The Court’s directive is a welcome and radical departure from the currently established practice of the National Human Rights Commission (NHRC) or its subsidiaries in the States deciding on and awarding compensation in cases of custodial torture, deaths, etc. The Bench possibly bore in mind that most state governments do not adhere to directives issued by the human rights panels as these commissions do not exercise any power of contempt – a right that is reserved for courts. This judgment thus sets a new precedent wherein the high court will now directly award compensation and ensure compliance by the States.

According to data with the NCRB, 551 “unnatural deaths”, including 328 suicides, had happened in prisons across the country between 2012 and 2015. A monograph by the NHRC published in December 2014 had pointed out that between 2007 and 2011, suicides accounted for 71 per cent of the total number of unnatural deaths in prison. Further, the monograph established that while the average suicide rate among the general public for this period was 11 per 1,00,000; the average suicide rate in prisons was 16.9 per 1,00,000.

The court directed the Union ministry of home affairs (MHA) to ensure circulation within one month and “in any event by 31st October, 2017” of the Model Prison Manual, the monograph prepared by the NHRC, the compendium of advisories issued by the MHA to state governments, the Nelson Mandela Rules (a charter passed by the UN General Assembly which says “merely because a person is in prison, it does not mean that he or she should be cut off from the outside world) and the guidelines on investigating deaths in custody issued by the International Committee of the Red Cross to the Director General or Inspector General of Police in charge of prisons in every State and Union Territory.

The judgment also asks all state government to “conduct training and sensitization programmes for senior police officials of all prisons on their functions, duties and responsibilities as also the rights and duties of prisoners.” The Bench has also said that State must appoint “counselors and support persons for counselling prisoners, particularly first-time offenders”.

Another directive issued by the Supreme Court which only emphasizes its seriousness on implementing prison reforms is that state government must “consider extending the time or frequency of meetings and also explore the possibility of using phones and video conferencing for communications not only between a prisoner and family members of that prisoner, but also between a prisoner and the lawyer, whether appointed through the State Legal Services Authority or otherwise.”

Observing that the “right to health is undoubtedly a human right” the Bench also directed state governments “to study the availability of medical assistance to prisoners and take remedial steps wherever necessary”. The Court also asked the Centre and state governments to consider the establishment of “open jails”.

The verdict also comprehensively addresses the juvenile convicts and undertrials who have died unnatural deaths while in custody or in juvenile justice homes and makes a pointed reference to how both the Centre and States were “oblivious to the possibility of death of children in custody in child care institutions” as no figure for such deaths was ever compiled. The verdict goes on to state that “it seems that apart from being ‘voiceless’, such children are also dispensable” and sets a deadline of December 31, 2017 for the Union ministry of women and child development to formulate procedures for tabulating the number of children who suffered unnatural deaths in custody or in child care institutions and take remedial measures.[/vc_column_text][/vc_column][/vc_row]

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JMM-RJD-Congress are supporters of Bangladesh infiltrators: PM Modi at Jharkhand rally

Narendra Modi further claimed that if the bad policies of JMM, Congress and RJD continue, the adivasi society in Jharkhand will shrink

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JMM-RJD-Congress are supporters of Bangladesh infiltrators: PM Modi at Jharkhand rally

Ahead of the Jharkhand Assembly election, PM Narendra Modi launched a scathing attack on the incumbent Hemant Soren government, accusing it to put appeasement at the top of its agenda.

While addressing a rally in Jharkhand’s Garhwa, the Prime Minister said the coalition government of Jharkhand Mukti Morcha, Congress and RJD are supporters of Bangladesh infiltrators. He said that the JMM-RJD-Congress government has taken appeasement to its peak, and that these parties are destroying the state’s social harmony. He alleged that the parties are supporters of infiltrators, and to get votes of Bangladesh infiltrators, they are getting them settled across Jharkhand.

The Prime Minister stated that when schools disallow Saraswati Vandana, one can imagine how big the danger is. When there is stone-pelting during festivals, Maa Durga is stopped and curfew is imposed, one knows how dangerous it is, he continued. The Prime Minister also added that when the issue of infiltration goes to court and the administration denies, it becomes clear that the government machinery has been infiltrated. PM Modi was referring to allegations that a Muslim teacher stopped prayers to Goddess Saraswati at a school in Jharkhand’s Giridih.

Narendra Modi further claimed that if the bad policies of JMM, Congress and RJD continue, the adivasi society in Jharkhand will shrink, and advised people to use their vote to uproot this infiltrator coalition. He maintained that Jharkhand’s swift development is possible only if it has a government that expedites the implementation of central schemes.

Referring to the JMM’s decision to replace Champai Soren as Chief Minister after Hemant Soren was granted bail in a money laundering case, PM Modi said that the party has left no stones unturned in humiliating an adivasi son. He asked how the party will take care of the people of the state when nothing matters to them more than family. He added that he does not have a family, and the people are his family. He also mentioned that Champai Soren, once a trusted lieutenant of Hemant Soren, is now with the BJP.

Slamming the ruling coalition of corruption, he said that corruption hollows out the country like termites, and destroys the poor, Dalits, people from backward classes and tribals. He claimed that Jharkhand has seen for five years the corruption of the JMM-Congress-RJD government.

He also referred to the massive cash haul from the home of Congress’s former Rajya Sabha MP Dhiraj Sahu last year. Mentioning that mountains of cash are recovered from the home of Congress’s Rajya Sabha MP, he questioned if this money didn’t belong to Jharkhand.

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Ruckus in Jammu and Kashmir Assembly over resolution against Article 370 abrogation

Chief Minister Omar Abdullah addressing the session, said that the resolution has no importance and it is only for the cameras.

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Ruckus in Jammu and Kashmir Assembly over resolution against Article 370 abrogation

Jammu and Kashmir Assembly on Monday witnessed chaos after People’s Democratic Party (PDP) MLA Waheed Para moved a resolution opposing the abrogation of Article 370 and called for restoring the union territory’s special status.

Waheed Para, the PDP MLA from the Pulwama Assembly seat, submitted the resolution to newly elected Speaker, Abdul Rahim Rather and requested for a discussion on the matter during the five-day session, despite not being a part of the agenda.

It was submitted that although the agenda of the House has been finalised, they believe that the authority as the Speaker allows the inclusion of the resolution, as it reflects the sentiment of the people at large. After the resolution was submitted, all 28 Jammu and Kashmir BJP MLAs stood up to oppose the move, leading to noisy scenes inside the Assembly.

As the members protested, BJP MLA Sham Lal Sharma demanded Para’s suspension for bringing the resolution in violation of Assembly rules. The agitation continued even after the Speaker repeatedly requested the protesting members to take their seats. He asserted the resolution has not come to him yet and when it does, he would examine it.

While the BJP members refused to call off their protest, National Conference MLAs slammed them for interrupting the proceedings of the House. Chief Minister Omar Abdullah addressing the session, said that the resolution has no importance and it is only for the cameras.

The Chief Minister added that how the House will reflect and discuss this matter will not be decided by any one member. If there was a purpose behind the resolution, then they would have discussed this with the government before, he continued.

Nonetheless, CM Abdullah also admitted that the people of Jammu and Kashmir do not approve of the decision taken on August 5, 2019, when Article 370 was abrogated. Lieutenant Governor Manoj Sinha also said that his government will make all efforts for the restoration of full statehood. He mentioned that restoration of full statehood would be a reciprocation of the faith reposed by the people of Jammu and Kashmir in democratic institutions.

Meanwhile, PDP chief Mehbooba Mufti expressed that she was proud of Waheed Para for submitting the resolution.

Notably, Article 370 was a provision in the Constitution that granted special autonomy to the region of Jammu and Kashmir. It also allowed the state to have its own constitution, flag, and autonomy over internal matters except defense, communications, and foreign affairs.

However, the Centre on August 5, 2019 revoked Article 370, effectively removing the special status of Jammu and Kashmir and reorganising it into two Union Territories namely, Jammu and Kashmir, and Ladakh.

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20 killed after bus falls into gorge near Uttarakhand’s Pauri-Almora border, CM Dhami expresses grief

Chief Minister Pushkar Singh Dhami has announced financial assistance of Rs 4 lakh each for the families of the deceased and Rs 1 lakh each for the injured.

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20 killed after bus falls into gorge near Uttarakhand’s Pauri-Almora border, CM Dhami expresses grief

In a tragic incident, nearly 20 people were killed after a Garwal Motors Users bus fell into a 200-metre deep gorge near Uttarakhand’s Kupi in Ramnagar at Pauri-Almora border on Monday. The injured are being hurried to the hospital and a search operation is currently underway. At least 35 people were inside the bus when the accident occured.

The fatal accident was reported to authorities at around 9 am by passengers who had fallen from the bus during the accident. Police and teams from National Disaster Response Force (NDRF) and the State Disaster Response Force (SDRF) are at the accident site in Marchula’s Salt area. 

Speaking to the media, District Magistrate Alok Kumar Pandey said that the bus was going from Garhwal to Kumaon where the accident took place at Marchula in Almora. Sanjay Kumar, Salt Sub-District Magistrate stated that some of the passengers have been rescued and admitted to hospital. 

Meanwhile, Uttarakhand Chief Minister Pushkar Singh Dhami has announced financial assistance of Rs 4 lakh each for the families of the deceased and Rs 1 lakh each for the injured. The Chief Minister also directed the Commissioner of the Kumaon division to carry out a magisterial inquiry into the incident. 

Taking to social media platform X, CM Pushkar Singh Dhami expressed grief, and said that a very sad news has been received about the casualties of passengers in the unfortunate bus accident that took place in Marchula of Almora district. He added that the district administration has been instructed to carry out relief and rescue operations swiftly. 

Furthermore, CM Dhami stated that the local administration and SDRF teams at the accident site are working rapidly to evacuate the injured and take them to the nearest health centre for treatment. He mentioned that instruction have also been given to airlift seriously injured passengers if required. 

In a tweet, the Prime Minister’s office also announced an ex-gratia of Rs 2 lakh from PMNRF for the next of kin of each deceased in the mishap in Almora, adding that the injured would be given Rs 50,000.

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