Legal Provisions Involved: Article 21, Article 14, Article 15, Article 32, Article 39A of the Constitution of India; Model Prison Manual, 2016; Model Prisons and Correctional Services Act, 2023
Judgement by: Supreme Court of India
Judge/Bench: Justice Vikram Nath and Justice Sandeep Mehta
Facts
The writ petition was filed under Article 32, highlighting chronic overcrowding in Indian prisons exceeding 120% occupancy nationally, with several states exceeding 150% capacity. The petitioner sought directions to address inhuman conditions, establish permanent decongestion mechanisms, and ensure humane detention conditions.
Key Legal Provisions
Article 21, Article 14, Article 15, Article 32, Article 39A of the Constitution of India; Model Prison Manual, 2016; Model Prisons and Correctional Services Act, 2023
Issues raised
- Whether existing Open Correctional Institutions (OCIs) are being adequately utilised and why several states lack such facilities.
- Whether women prisoners are being systematically excluded from OCIs in violation of Articles 14, 15 and 21.
Arguments of the case
The Petitioner argued that OCIs constitute effective, humane solutions to overcrowding whilst advancing reformative penology while the Respondent argued that “Prisons and persons detained therein” falls under the State List; policy decisions and implementation rest with States and Union Territories.
Judgement
The Supreme Court issued comprehensive directions and emphasised that prisoners retain constitutional rights and OCIs must function as instruments of dignity, rehabilitation and social reintegration.
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