Annual Report 2008-2009
There was a girl child above the age of 6 years in Yerwada Jail and is required to be sent to a
Children’s Home set-up under the Juvenile Justice (Care and Protection of Children) Act, 2000
as amended in 2006 where her access to education, health, medical care, etcetera is fully ensured.
A number of old and infirm prisoners were found in Bhabanipatna District Jail of Orissa. One
among them was 85 years old. In the Special Prison for Women in Puzhal, a crèche is being run
from the jail premises catering to six children. However, all these children were found to be
underweight. This is an issue which needs to be looked into by the State Government. Other
than this, there is need to separate the judiciary from the executive in Meghalaya and other
tribal States of North Eastern Region. Currently, Executive Magistrates ‘double-up’ as Judicial
Magistrates for which they are not trained. Furthermore, the Executive Magistrates, who have
many administrative duties, are usually unavailable for judicial work. This has led to mechanical
extension of judicial custody thus violating the human rights of prisoners. Another unique feature
of Meghalaya with regard to administration of justice is the presence of District Council Courts.
These courts were established under the Sixth Schedule of the Constitution to deal with cases
involving parties only belonging to the Scheduled Tribes. These courts, with the passage of
time, have been empowered to even deal with cases pertaining to murder. However, there seems
to be no yardstick on the basis of which cases are actually divided between the State Courts and
the District Council Courts. This aspect needs to be carefully examined.
Summary of Recommendations/Suggestions Concerning Visits Made to
Different Jails in the Country
5.13 In view of the visits made by the Special Rapporteurs to different jails in the country, the
issues requiring immediate attention in all the jails are more or less the same. Most of the jails
were overcrowded and the convicts and the undertrials were lodged together which needs to
be rectified. The concerned State Governments need to ensure that the convicts and the
undertrials are segregated and lodged separately. Most of the jail buildings being old need
repair/renovation. Almost all the jails visited had vacant posts. These posts need to be filled-up
immediately by the jail authorities. The budget prescribed for diet of prisoners in each State
needs to be examined in the light of escalating cost of food items and transport. The issue of
clothing and bedding provided to the convicts and the undertrials including those who are
poor also needs to be examined by the respective State Governments. In order to equip the jail
officials and staff with latest information, knowledge and skills, due emphasis should be laid
on their training at regular intervals. Emphasis also needs to be laid on imparting different
kinds of vocational skills to the inmates in all the jails. This would not only promote different
kinds of work in the jails but also keep the inmates busy and in the process make them confident
and self-reliant. Likewise, attention needs to be paid towards their educational and recreational
requirements. The grievances of the prisoners regarding bail, sureties, parole, wages, remissions,
appeals, transfer to jails nearer home, speedy trial, legal defence, interview with lawyers and
family members for legal purposes, provision of legal aid, etc., also needs to be looked into and
rectified by the respective State Governments. It would be pertinent to mention that the reports
76