The coronavirus outbreak has been the most challenging and arduous reality the world has had to face this year. The catastrophic impact of the virus led the Director-General of the World Health Organisation, to declare it a Public Health Emergency of International Concern. Some of the essential guidelines proposed by the WHO is to maintain social distancing and wear masks. It is recommended that people need to maintain at least a distance of one metre between oneself and others and to maintain even greater distance indoors. Taking this into consideration, overpopulated prisons in India have become a major problem. Prisons now are potential hotspots that would facilitate the amplified spread of this virus. It has become essential to consider the rights of the prisoners and to introduce reforms that deal with this unprecedented situation.
Jails in India are known for its jarring living conditions, it would be almost impossible to follow the prescribed guidelines to prevent the spread of the disease. In this circumstance, it is essential to consider the Supreme Court’s verdict in, Charles Sobraj v. The Superintendent, Central Jail, Tihar (1978 AIR 1514). The court opined that compassion wherever possible and cruelty only where inevitable is the art of correctional confinement and held that being in prison does not do away with one’s fundamental rights.
For ages, jurists and experts have demanded better prison infrastructure, maintenance and to facilitate for prevention of overcrowding. The Supreme Court took suo moto cognizance, of this situation on 16th March 2020. The court directed the States and Union Territories to furnish steps being taken to prevent transmission of Covid-19 amongst prison inmates. It was observed that overpopulated prisons resulted in the violation of social distancing norms and therefore poses a huge risk. The court later directed every State and Union Territory to form a High-Powered Legal Committee, to ascertain which class of prisoners may be released on parole or interim bail for any period of time that may be appropriate. It was also recommended to consider the release of prisoners who have been convicted or are undergoing trial for offences for which the term of punishment is up to or less than seven years. All countries have obligations under International Law, the United Nations Human Rights Commission has observed that failure of the state in taking steps towards prevention of the spread of the deadly disease in prisons would result in the violation of Article 6 and Article 9 of the International Convention on Civil and Political Rights, 1996.
Article 6 of the ICCPR, states that ‘every human being has the inherent right to life and that this right shall be protected by law. No one shall be arbitrarily deprived of this.’ From this, it is apparent that even inmates of prisons should be able to avail of this right.
Article 9 of the ICCPR, provides for the right to liberty and security of a person. It states that ‘no person shall be subject to arbitrary detention and shall not be deprived of this right except in accordance with grounds established by law.’
Article 21 of the Indian Constitution, provides for the right to life, which also comprises the right to health. Failing to safeguard prison inmates and preventing the spread of this virus would mean that the state has failed to ensure the protection of fundamental rights guaranteed under the Indian Constitution and fails to uphold obligations under the ICCPR, 1996.
The Prison Act, 1894 calls for providing clean, sanitised, and safe accommodation for inmates. The Prison Manual, 2016 also provides for the creation of isolation wards as measures to handle an epidemic. Even so, there has not been an efficient implementation of these mechanisms. Overcrowding in prisons, inhumane living conditions, lack of clean and sanitised living conditions can be termed as a severe violation of human rights which in today’s situation poses severe health hazards which could result in the death of several inmates. More reforms that efficiently tackle this situation need to be introduced and basic fundamental rights need to be upheld.
This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being.
