India News

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

Published

9 years ago

September 16, 2017

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]

Related Topics:MHA NCRB Nhrc Supreme Court

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Air India sacks Phuket-Delhi flight pilot after failing drug test

Air India has terminated the Phuket-Delhi flight pilot after a confirmatory test found a psychoactive substance following the August 4 incident.

Published

11 hours ago

September 4, 2026

APNLive Desk

Air India has terminated the employment of the pilot-in-command of a Phuket-Delhi flight after he tested positive for a psychoactive substance.

The pilot was in command of flight AI2379, which was travelling from Phuket to Delhi on August 4 when the aircraft suddenly lost altitude over Odisha. The incident left 24 passengers injured.

Air India said the termination was in line with its zero-tolerance policy regarding safety violations and regulatory requirements.

Air India terminates pilot with immediate effect

In a statement, the Tata-owned airline said the pilot-in-command had tested positive for a psychoactive substance.

The airline said that, considering its zero-tolerance approach to violations related to safety, fitness and regulatory requirements, the pilot’s employment had been terminated with immediate effect.

Air India also said it continues to cooperate fully with the investigation into the incident and has provided access to relevant operational, maintenance and technical records.

What happened on the Phuket-Delhi flight?

According to the preliminary findings of the Aircraft Accident Investigation Bureau (AAIB), the Airbus A320 was carrying 145 people when it experienced the near-simultaneous loss of all three hydraulic systems while cruising at around 36,000 feet.

The technical failure resulted in the autopilot disconnecting and triggered a brief stall warning. The aircraft subsequently lost altitude, resulting in injuries to 24 passengers.

The preliminary report also noted that the pilot tested non-negative for a psychoactive substance in a confirmatory test.

However, the report did not establish that the pilot’s drug-test result caused or contributed to the hydraulic system failure or the subsequent loss of altitude.

AAIB recommends action over psychoactive substance finding

The AAIB described the confirmation of psychoactive substance use as a serious concern and recommended that the Directorate General of Civil Aviation (DGCA) take appropriate action against the pilot on priority.

The investigation into the technical and other aspects of the incident is still underway.

The preliminary report also noted that the co-pilot was flying the aircraft when the incident occurred and attempted to bring the situation under control.

Air India said safety remains its highest priority and that its pilots undergo training, proficiency checks, medical examinations and other regulatory assessments in accordance with applicable requirements.

India News

India offers forensic DNA support to identify Nepal flood victims

India will make forensic laboratory facilities available for DNA profiling of first-degree relatives of people missing after Nepal’s August 26 flash floods.

Published

16 hours ago

September 4, 2026

APNLive Desk

India has offered forensic laboratory support to help identify people who remain missing after the devastating flash floods in Nepal.

The Ministry of External Affairs (MEA) said central and state forensic laboratories in India will make their DNA profiling facilities available for first-degree biological relatives of people missing after the August 26 flash floods in Nepal.

DNA samples can be provided by relatives in India

According to the MEA, first-degree biological relatives living in India can have their biological samples collected and DNA profiles prepared.

The relatives can include a person’s father, mother, son, daughter or sibling. DNA profiling can be carried out at Central Forensic Science Laboratories (CFSLs), State Forensic Science Laboratories (SFSLs), laboratories of the National Forensic Sciences University (NFSU), and NABL-accredited laboratories with DNA profiling capabilities.

The initiative is intended to support Nepal’s ongoing process of identifying mortal remains recovered after the flash floods.

DNA profiles to be compared with unidentified remains

The MEA said the DNA profiling may use Autosomal STR DNA profiling, as advised by Nepal Police, subject to the technical requirements communicated by the Nepali authorities.

Once prepared, DNA profiles and the preliminary information required by Nepalese authorities can be sent to Nepal Police by email for comparison with DNA profiles obtained from unidentified mortal remains.

The Indian Embassy in Kathmandu will also facilitate coordination, with copies of the DNA profiles to be shared with the embassy for this purpose.

Nepal flood death toll rises

The death toll from the flash floods has risen to at least 1,259, according to Nepalese authorities, after rescue workers recovered additional bodies from affected areas.

More than 12,000 people have been rescued, while around 5,000 people remain missing as search and rescue operations continue.

The flash floods, which followed an ice-rock avalanche near the Nepal-Tibet border, caused extensive destruction across towns and villages in northern and central Nepal.

India News

PM Modi hails ISRO after successful GSLV-F17 launch, calls it proud moment

PM Modi congratulated ISRO after GSLV-F17 successfully launched EOS-05, calling the achievement a proud moment for India.

Published

21 hours ago

September 4, 2026

APNLive Desk

Prime Minister Narendra Modi on Friday congratulated the Indian Space Research Organisation (ISRO) after the successful launch of the GSLV-F17 rocket carrying the EOS-05 Earth observation satellite, describing the achievement as a proud moment for the nation.

The GSLV-F17 lifted off at 2:55 a.m. IST from the Satish Dhawan Space Centre in Sriharikota, Andhra Pradesh. The EOS-05 satellite was subsequently placed into its designated sub-geosynchronous transfer orbit.

PM Modi praises ISRO’s growing capabilities

In a post on X, PM Modi said the successful mission reflected the excellence, innovation and expanding capabilities of India’s space sector.

Yet another outstanding achievement by ISRO and a proud moment for our nation.

The successful launch of GSLV-F17 carrying EOS-05, India’s first-ever imaging satellite from Geosynchronous orbit is a reflection of the excellence, innovation and growing capabilities that define… https://t.co/fXzwnSmwAF
— Narendra Modi (@narendramodi) September 4, 2026

He also highlighted the growing partnership between ISRO and Indian industry, saying it was strengthening India’s space programme and expanding capabilities across the wider space ecosystem.

The prime minister described the successful launch of GSLV-F17 carrying EOS-05 as another outstanding achievement by ISRO and a matter of national pride.

EOS-05 strengthens earth observation capabilities

According to the report, EOS-05 is India’s first-ever imaging satellite from geosynchronous orbit. The satellite is designed to provide continuous observation of the country from an altitude of nearly 36,000 km above Earth.

The mission is expected to strengthen India’s earth observation capabilities and support advanced imaging and observation applications.

ISRO Chairman Dr V Narayanan expressed satisfaction with the mission, saying the satellite was precisely injected into its intended orbit.

Mission Director Thomas Kurian described the launch as a significant milestone for the GSLV programme. He said it was the 19th flight of the GSLV and noted that EOS-05 is the heaviest satellite the launch vehicle has placed into a geosynchronous transfer orbit or sub-GTO orbit.

GSLV-F17 launch vehicle details

The GSLV-F17 stands 51.7 metres tall and has an approximate liftoff mass of 420.5 tonnes.

Science and Technology Minister Jitendra Singh also congratulated the ISRO team following the successful mission. He described EOS-05 as a state-of-the-art Earth observation satellite capable of advanced imaging across visible, infrared, multispectral and hyperspectral bands.