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

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9 years ago

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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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India News

CBSE denies OSM portal data breach, terms online allegations misleading

CBSE has strongly dismissed social media allegations of a security breach in its On-Screen Marking (OSM) portal, clarifying that the exposed URL is a mere testing site containing no actual student data or exam marks.

Published

14 hours ago

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May 26, 2026

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CBSE

The Central Board of Secondary Education (CBSE) has refuted viral claims circulating on social media regarding a security breach in its On-Screen Marking (OSM) portal. In an official statement, the national education board dismissed the allegations, labeling them completely false and highly misleading.

The clarification comes after social media posts suggested that sensitive student records and internal assessment systems had been compromised by unauthorised actors. Media reports indicate that the board has categorically denied any leak of actual student marks or examination-related details.

Testing site hosted no real student details

According to the statement released by the board, the web address highlighted in the viral allegations belongs strictly to a testing environment. The board clarified that this URL is utilized purely for internal evaluations, data sampling, and platform reviews during development phases.

The board firmly reiterated that no live student details, official scoreboards, or active examination data are stored on this testing site. Authorities have advised stakeholders and students to refrain from panic and avoid circulating unverified rumors that challenge the integrity of the examination system.

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India News

Congress Dismisses Karnataka Leadership Transition Rumors After Six-Hour Delhi Meet

The Congress party has rejected ongoing rumors regarding a leadership change or a rotating Chief Minister formula in Karnataka, stating that a recent six-hour meeting in Delhi focused strictly on the upcoming Rajya Sabha and MLC elections.

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14 hours ago

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May 26, 2026

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The Congress party has strongly downplayed the intense political buzz surrounding a potential leadership transition or a change in the Chief Minister’s post in Karnataka. Following a marathon six-hour meeting with the state’s top leadership in New Delhi, the party explicitly rejected the ongoing speculation, labeling it as having “no reality.”

A brief statement issued to the media after the high-level meeting advised against spreading rumors, clarifying that the discussions were entirely centered on upcoming electoral strategies rather than structural changes within the state government. The party stated that the deliberations solely revolved around the state’s three vacant Rajya Sabha seats and the upcoming Member of Legislative Council (MLC) elections.

Rajya Sabha and MLC Polls Take Center Stage

The high-stakes meeting was attended by Congress President Mallikarjun Kharge, senior leader Rahul Gandhi, and party General Secretary KC Venugopal, alongside Karnataka Chief Minister Siddaramaiah and Deputy Chief Minister DK Shivakumar.

Briefing the media post-meeting, KC Venugopal stated that conversations were strictly confined to the Rajya Sabha and MLC elections, emphasizing that there is no truth to any other political speculation. Chief Minister Siddaramaiah also confirmed that the agenda of a potential cabinet expansion or a leadership shift did not come up during the six-hour-long discussion.

Background of the Power Struggle

The question of leadership in Karnataka has remained a recurring theme for over a year. Supporters of Deputy Chief Minister DK Shivakumar have consistently maintained that the central leadership promised a rotating Chief Ministership arrangement when the government was formed after the 2023 assembly elections.

Speculation had intensified recently as the ruling government faced local anti-incumbency pressures alongside renewed political activity from the opposition bench. Some internal reports had even indicated a push from within certain sections of the high command, including Priyanka Gandhi Vadra, for a leadership revamp.

Balancing Caste Equations and Party Structure

The central leadership has navigated the situation cautiously to maintain political stability. Chief Minister Siddaramaiah, 80, commands a powerful “Ahinda” support base—a coalition comprising minority communities, backward classes, and Dalits. This social alliance was crucial in helping the party navigate the traditional Vokkaliga and Lingayat caste dynamics during the 2023 elections.

Although the rotation issue had previously gained significant momentum when the government completed two years in office, the party high command had chosen to maintain the status quo to avoid any adverse electoral impact in neighboring assembly elections, such as in Tamil Nadu. With those elections concluded, supporters of the 64-year-old Deputy Chief Minister had expressed optimism for a transition. Shivakumar currently holds the dual responsibility of being the Deputy Chief Minister as well as the state Congress chief, signaling his critical organizational value to the party. However, for the time being, the party high command has firmly signaled that the current leadership structure will remain unchanged.

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Cricket news

Bowlers may hold the key in high-stakes IPL 2026 Qualifier 1 at Dharamsala

Although the media build-up centers on the batting heavyweight clash between Virat Kohli and Shubman Gill, the IPL 2026 Qualifier 1 in Dharamsala is set to be decided by the bowling consistency of Bhuvneshwar Kumar and Mohammed Siraj.

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22 hours ago

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May 26, 2026

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Flat pitches, towering sixes, and relentless run-scoring have defined the Indian Premier League (IPL) 2026 so far. However, when Gujarat Titans (GT) and Royal Challengers Bengaluru (RCB) lock horns in Qualifier 1 at the Himachal Pradesh Cricket Association (HPCA) Stadium in Dharamsala, the contest could ultimately hinge on the bowlers.

The HPCA Stadium has proved to be unforgiving for bowlers due to its short boundaries. A teaser of what could unfold was evident during recent net sessions, where Gujarat Titans’ Jos Buttler and Royal Challengers Bengaluru’s Tim David regularly launched monstrous hits out of the stadium. In the three matches played at this venue this season, teams crossed the 200-run mark five times, with the lowest score being 199/8. An average of nearly 25 maximums per match has been hit here, promising another potential run-fest.

Moving past the Kohli vs Gill narrative

While media attention focuses on the iconic battle between the ‘King’ Virat Kohli and the ‘Prince’ Shubman Gill—hailed as the heir to Indian cricket’s batting legacy—the true deciding factor might lie elsewhere. Both batters look in pristine touch. Gill occupies the second spot in the Orange Cap race with 616 runs from 13 matches, trailing behind his opening partner Sai Sudharsan. Meanwhile, Kohli has bounced back from a brief mid-tournament slump by smashing a sparkling century, taking his tally to 557 runs this season.

Despite the incredible batting firepower on display, the bowling units are expected to dictate which team blinks last. Media interactions with team managements highlighted that consistency and self-belief within the respective bowling departments have been the defining traits of both squads this season.

Powerplay battles to decide the finalist

For RCB, veteran pacer Bhuvneshwar Kumar leads the charge alongside Kagiso Rabada for GT, with both spearheads locked as the joint-highest wicket-takers across the two sides at 24 wickets each. Bhuvneshwar holds a slight edge due to a superior economy rate. Close behind them is GT’s Mohammed Siraj, who has taken 17 wickets so far. With supporting acts like Josh Hazlewood, Jason Holder, Prasidh Krishna, Rasikh Salam Dar, and spinners Rashid Khan and Krunal Pandya in the mix, the match promises an intriguing tactical battle.

Gujarat Titans’ assistant coach Vijay Dahiya acknowledged that negotiating Bhuvneshwar Kumar in the powerplay will be a massive task, but reminded that GT possesses equal firepower in Siraj and Rabada. “If you talk about the powerplay, our numbers are among the best in this tournament,” Dahiya stated.

RCB captain Rajat Patidar echoed similar views, placing immense faith in his bowling attack to stop GT’s prolific opening duo of Gill and Sudharsan. “Our strength is bowling. The way we bowl in the powerplay will be very crucial. We’ll look for early wickets and that is what we have done throughout the tournament,” Patidar remarked.

In a tournament dominated by towering batting displays, the team whose bowling unit holds its nerve under the Dharamsala lights will seal a direct spot in the IPL final.

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