Annual Report 2008-2009
5.10 The NHRC has, time and again, reiterated that human rights of prisoners are inviolable
and the fact of being detained or imprisoned does not take away their rights as human beings.
This is because they have been temporarily deprived – by due process of law – only of their
liberty on account of their involvement in the commission of certain offences (alleged or proven,
as the case may be). They are kept in prison not only to undergo punishment as a deterrent
against the crime committed, but also for reformation.
5.11 As already mentioned above, the NHRC has always laid emphasis on total prohibition
of torture or any kind of cruel, inhuman and degrading treatment. It also underlines that
though the prisoner’s right to family contact may be restricted by the procedure established by
law, it cannot be completely taken away. At the same time, it has stressed that special
consideration must be given to women prisoners. Accordingly, over the years, the NHRC has
issued several guidelines, made observations after conducting spot investigations and taken
several other steps to improve the conditions in prisons so that prisoners can lead their lives
with dignity and enjoy their rights even as they await judgement or complete their sentence.
C.
Visits to Jails
5.12 In consonance with the functions elucidated under the PHRA, five Special Rapporteurs
of the Commission visited 10 jails located in different States of the country during 2008-2009.
The names of the jails visited by them were : Shillong District Jail in Meghalaya (June and July
2008); Puzhal Central Prison I, II & III located in Chennai, Tamil Nadu (July 2008); Yerwada
Central Prison in Pune, Maharashtra (July 2008); Munger District Jail and Jamui Jail in Bihar
(August 2008); Rongyek Central Prison in Sikkim (September 2008); Khunti Sub-Divisional Jail
in Jharkhand (September 2008); Tezpur Central Jail in Assam (October 2008); Aguada Central
Jail in Goa (December 2008); and Bhabanipatna District Jail in Orissa. The main objective of
these visits was to oversee the functioning of these prisons as well as study the human rights
situation of the inmates there. Based on the reports of the visits made by the Special Rapporteurs,
the following issues require immediate attention:-
Overcrowding
Most of the jails visited were found to be overcrowded either marginally or enormously. On
account of this, the living conditions of prisoners were found to be far from satisfactory. For
example, in the District Jail located in Shillong, a large number of male inmates slept under
beds occupied by other inmates on account of paucity of space, whereas in the District Jail of
Jamui in Bihar the prisoners were devoid of requisite space to even sleep. One of the most
significant factors responsible for overcrowding in jails was the exceeding number of undertrials
in comparison to that of convicts. The District Jail in Jamui, Bihar had 629 undertrials and 28
convicts on the day of the visit made by the Special Rapporteur in contrast to the sanctioned
capacity of 188 prisoners. The District Jail in Munger (Bihar) also had 521 undertrials and 57
convicts in comparison to the sanctioned capacity of 482 prisoners. Barring the Puzhal Central
72