Civil Liberties
suggested in the substantive law, the ATR referred to the comprehensive review ofthe Cr.PC,
1973, undertakenby the Law Commission, and to the recommendations made by the latter
for amending the Cr.PC.The ATR indicates that the recommendations of the Law Commission
are beingprocessed.
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3.73 The Commission urges the Government to complete the processing of the
recommendations of the Law Commission speedily and to take steps to amend the Cr.PC
accordingly. As the improvement of the administration of criminal justice is of some
importance to the Commission, it intends to pursue this matter further.
VISITS TO ]AILS
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3.74 One of the important functions of the NHRC under Section 12(c) of the Protection
of Human Rights Act, 1993 is: To visit, under intimation to the State Government, any
jail or any other institution under the control of the State Government, where persons
are detained or lodged for purposes of treatment, reformation or protection to study the
living conditions of the inmates and make recommendations thereon.'
3.75 During the year 1999-2000, the Members of the Commission and its officers
continued to visit prisons and suggest measures to improve conditions in them and to
protect the human rights ofprisoners. An elaborate format for recording prison inspections
was prepared by the Commission and circulated to Special Representatives of the
Commission in Bihar, UP, Assam, Orissa, Gujarat and Maharashtra to elicit their views.
.
I
3.76 Shri Sudarshan Agarwal, Member, NHRC, along with Shri R.C. Jain, Registrar
General, NHRC, on a visit to the District Jail, Guwahati, on 10 November 1999, found
that the overall conditions of the jail were pathetic and that the inmates were living in
conditions that gravely affected their dignity and their physical and mental well-being.
As against the authorised capacity of 507 prisoners, 780 inmates were lodged in the jail,
90 per cent of whom ^vere undertrials. Toilet facilities were grossly inadequate and in
a deplorable condition. There were garbage piles and stagnant water in the jail premises.
The kitchens and food containers were unclean and the food served was unhygienic. The
prisoners complained that the jail doctors were most unsympathetic, and would not
prescribe medicines even from the fetv that were available in the jail dispensary. The Xray machines were out of order. Prisoners had scabies and other skin diseases owing to
unhygienic living conditions and lack of medical care.
3.77 The Member, along with the Registrar General, also visited the Central Jail,
Shillong, on 12 November 1999. Housed in a small premises, there were 374 inmates
against an authorised capacity of 150 inmates. The jail had only three lavatories and
faced an acute shortage of water for drinking, bathing and washing purposes. The food
,
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