COURT IN ITS OWN MOTION: IN RE: OVERCROWDING IN PRISONS Vs. COURT IN ITS OWN MOTION: IN RE: OVERCROWDING IN PRISONS

JUDGEMENT

(1.) In this Public Interest Litigation initiated by this Court on its own motion, we are seized with an issue of crucial importance and grave concern touching the human rights of inmates of correctional homes across the State. While the larger issue is one of overcrowding in prisons, the immediate issue that is to be addressed is the manner in which Terminally Ill Prisoners (in short, 'TIPs') are required to be dealt with.

(2.) While the State may be within its rights to keep under trials and convicts incarcerated in view of the provisions of the IPC, Cr.P.C. and other legislations touching criminal law, it is now well accepted all over the world that even prisoners are entitled to be treated in a humane manner. They cannot be treated as inhuman objects and certain basic facilities must be made available to them. Diverse international conventions including the Geneva Conventions form the core of international humanitarian law regulating the treatment that ought to be meted out to prisoners.

(3.) The issue that gains vital importance particularly in these Covid-19 days is the management of TIPs by the State administration. Pursuant to our earlier orders, an affidavit affirmed on 9 October, 2020 by the ADJ and IG of Correctional Services, West Bengal, has been filed in Court which relates to the medical treatment that is being extended to the terminally ill inmates of the Correctional Homes across West Bengal. TIPs have been identified by the administration and have been named in the affidavit along with the particulars of the various correctional homes where they are housed. The details of the medical treatment that is being administered to them are also delineated in the said affidavit. However, it has been submitted before us by Learned Advocate appearing for the intervenors that the medical treatment that is being received by the TIPs is inadequate and leaves a lot to be desired.