SC Guidelines to Decongest Prisons

Synopsis- The Supreme Court has issued a slew of directions to decongest jails in light of the second wave of the COVID-19 pandemic.

Introduction-

• In order to protect prisoners’ right to life, the SC has ordered States to examine releasing inmates [convicted or facing trial in non-serious charges] on bail or parole to prevent overcrowding and spread of Covid-19 infection in prisons.

Key highlights of the order-

To prevent any uncontrollable spread within the congested jail, The Supreme Court issues the following orders-

• To stop the transporting of remand prisoners to court for a periodical extension of custody and hearings.
• HPCs should consider the release of all prisoners who were released last year – Those inmates who were granted parole, pursuant to our earlier orders, should be again granted parole for a period of 90 days”.
  • Also, authorities were directed to put Section 436A of the CrPC into force – Undertrial prisoners, who have served half of the max sentence imposes to be released on personal bond.
• No arrests in violation of Arnesh Kumar judgment – Authorities should not make arrests in breach of the guidelines laid down in the 2014 judgment [Arnesh Kumar vs State of Bihar]. In which police were directed not to make needless arrests, especially in cases involving sentences of less than seven years.
• The SC directed
  • Authorities to prepare readiness and response plans.
  • State governments to form HCPs (high-powered committees).
  • Delhi’s government to include the Commissioner of Police in the HCP.
  • Prison occupancy to be updated on websites by all states.
  • Appropriate steps should be taken for the transportation of the released inmates.

Challenges of prisons during COVID times-

• Uncertainty regarding medical care- It’s uncertain if the testing facilities and medical treatment provided to prisoners are successful or not.
• Political prisoners are being repeatedly denied bail due to stringent laws have been invoked against them.
  • For example-
    • Those jailed in the Bhima Koregaon case without any direct link to any act of violence.
    • Some political activists in Delhi are also in jail under anti-terrorism laws for alleged complicity in riots early last year.

 Read Also :-Promoting fair and effective criminal system

Way forward-

• The SC’s decision to decongest jails and measures that protects the right to life and health of the prisoners is a positive development, but effective follow-up action is needed to insure that these measures are not implemented selectively.
• The courts also take into account political prisoner’s vulnerability to infection and consider bail.

Source- The Hindu