Special Efforts Be Made To Ensure Release Of Deserving Under-Trial Women Prisoners: Supreme Court
The Supreme Court on Friday directed states and union territories to prioritize the release of eligible undertrial prisoners under Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which provides early release benefits.
The Court observed that special efforts must be made to ensure the release of all deserving under-trial women prisoners languishing in jails. The Court expressed concern over delays in implementing bail orders and sought detailed data on prison staffing across the country.
The Bench of Justice Hrishikesh Roy and Justice SVN Bhatti reviewed submissions from amicus curiae Gaurav Agrawal and NALSA representative Advocate Rashmi Nandakumar, who noted that while 27 states and UTs have responded to earlier orders, some have yet to furnish information on steps taken to release eligible undertrial prisoners.
The Court noted, "In the counter affidavit filed by the State of UP, it is indicated that there are 3 female prisoners who are on the list of first time offenders and have completed one-third of their sentence. However, the data from other states regarding the number of female prisoners is unclear. On this aspect, one might usefully refer to the report of the Justice VR Krishna Iyer Committee on Women Prisoners1 and the report of the Parliamentary Standing Committee on Home Affairs titled ‘Prison – Conditions, Infrastructure and Reforms, wherein specific recommendations were made for the release of women prisoners. The Justice Amitava Roy Committee appointed in this very PIL also highlighted that the correctional justice system is ‘evidently gender exclusionary."
"Therefore, special efforts must be made to ensure the release of all deserving under-trial women prisoners languishing in jails," the Court said.
Despite bail orders being passed, the Court observed that certain prisoners in Uttar Pradesh and Bihar remained in custody due to procedural delays, including the inability to furnish bail bonds. The Additional Advocate General for Uttar Pradesh assured the bench that steps were underway to release such prisoners on personal bonds.
To expedite the process, the Court directed State Legal Services Authorities to deploy lawyers to assist undertrials in securing their release. The Court also emphasized proactive monitoring by Undertrial Review Committees in all districts.
The issue of women prisoners was highlighted, with the Court referencing reports by the Justice V.R. Krishna Iyer Committee and the Parliamentary Standing Committee on Home Affairs, which called for gender-sensitive reforms. The bench stressed the urgent need to address the plight of female undertrials, particularly first-time offenders who have served one-third of their sentences.
Additionally, the Court flagged a critical shortage of prison staff, citing over 24,588 vacancies as of 2017. With overcrowded prisons and understaffing exacerbating challenges, the Court sought updated information on the sanctioned strength, vacancies, and recruitment efforts from all states and UTs within eight weeks.
The matter is scheduled for further hearing in twelve weeks, with the Court emphasizing that immediate steps are essential to ensure the rights and liberty of undertrial prisoners. Copies of the order have been provided to all counsels and the amicus curiae to facilitate compliance.
"The requisite information as above shall be furnished in the same format as provided by the State of U.P. in the next eight weeks. As all the State and Union Territories are represented by their respective counsel, the Registry to furnish a copy of this order to learned Amicus Curiae and the counsel so that requisite information can be obtained and filed before this Court with an advance copy to Mr. Gaurav Agrawal and Ms. Rashmi Nandkumar, learned counsel. The matter be listed after twelve weeks," the Court ordered.
Cause Title: In Re-Inhuman Conditions in 1382 Prisons [Writ Petition(s)(Civil) No(s).406/2013]
Click here to read/download the Order
