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Legislation concerning prisons

 

In Sunil Batra vs. Delhi Administration reported in All India Reporter 1980 Supreme Court 1579, the Supreme Court issued several directives to the government regarding prison administration and observed that the norms laid down by the international organizations must be followed so as to respect the sanctity of the basic human rights of the prisoners. In this case, a letter written by a prisoner in Tihar Jail directly to the judges of the Supreme Court, complaining that the jail warden had pierced a baton into the anus of a prisoner to extract money from the victims relatives, was treated by the Supreme Court as a petition and proceedings were initiated.

In Sheela Barse vs. State of Maharashtra reported in All India Reporter 1983 SC 378, a letter from Sheela Barse, a journalist, complaining of custodial violence to women prisoners while confined in the police lock-ups in the city of Mumbai, was treated as a Writ Petition. The Court in this case issued various directions to the State of Maharashtra conferring protection to women prisoners in police lock ups.

In the case of D.K. Basu vs. State of West Bengal reported in All India Reporter 1997 Supreme Court 610, the Supreme Court held that the precious right guaranteed by Article 21 of the Constitution of India cannot be denied to convicts, undertrials, detenues and other prisoners in custody, except according to procedure established by law by placing such reasonable restrictions as one permitted by law. The Court laid down a number of guidelines which are required to be followed in all cases of arrest and detention.

 



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