Orissa High Court Issues Directions To Ensure Nutritional Food, Hygiene And Health Facilities For Jail Inmates

There were two purposes for which the matter was taken up suo motu. One purpose was to deal with the issue concerning women inmates in the jails. A letter dated 1st April 2022 was received by the Court, which was sent by 'MAADHYAM', a non-governmental organization (NGO). The NGO is working on the project 'KIRAN' which provides rehabilitation to undertrial prisoners in various jails in Odisha in collaboration with the Directorate General (DG) of Prisons and Correctional Services.

It had expressed concern about the mental health of single women inmates in as many as eight sub-jails in Odisha. It had pointed out that in eleven sub-jails, there are two or less female under trial prisoners. The suggestion was that they should be moved to the nearest sub-jail which has more than one female inmate.

Mr. Subhakant Mishra, DIG, Prisons stated that instructions have already been issued to the concerned sub-jails to shift the single inmates to the nearest jails/sub-jails where there are other women inmates. Mr. Gautam Misra, the Amicus Curiae had suggested that the DG, Prisons may even consider the conditional release of such women prisoners. The Court directed the DG, Prisons to consider this possibility as well.

Secondly, the Court noted its deep concern about the condition of prisons and prisoners in the district of Koraput which came to light by a surprise visit undertaken by Justice Sanjeeb Kumar Panigrahi to the Koraput Sub-Jail, when he was visiting that District as the Administrative Judge In-Charge. He has reported how the condition of the toilets in the Koraput Sub-Jail is appalling. They are unusable and in an utterly filthy condition. Justice Panigrahi has also drawn the attention to the fact that the food served in Koraput Sub-Jail was of 'very poor' quality and 'simply inedible'. In other words, it was not fit for human consumption at all.

The Court expressed its deepest concern on these issues. It also reminded the DG Prisons, Odisha that no prisoner should be denuded of the basic fundamental right to dignity and decent living within the prison walls. The Court noted the following observation made by Justice V.R. Krishna Iyer in Sunil Batra (II) v. Delhi Administration, (1978) 4 SCC 409:

"Neither the Penal Code nor the Criminal Procedure Code lends validity to any action beyond the needs of safety and any other deprivation, whatever the reason, has not the authority of law. Any executive action which spells infraction of the life and liberty of a human being kept in prison precincts, purely for safe custody, is a challenge to the basic notion of the rule of law unreasonable, unequal, arbitrary and unjust."

Then, the Court went on to direct the following,

"The Court hereby issues a directive to the DG, Prisons to ensure that there is not a single Jail, Sub-Jail in Odisha where the toilets, the prison wards are found wanting in cleanliness and hygiene. Further, the food quality has to be of the best possible standard given the budget allocated for prisoners, both undertrials and convicts. The Court would like to emphasize not only has the quality of food to be good, but the quantity too in terms of the required calorific value, has to be ensured."

The Court directed Secretary of every DLSA to undertake an unannounced visit along with the concerned non-official visitors to the jails and sub-jails within the jurisdiction of the concerned DLSA in next one week and specifically inspect the conditions of the toilets, the cleanliness of the wards and the quality and quantity of food being served to the inmates.

They were also directed to report on the available medical facilities both for the physical as well as mental wellbeing of the prisoners. It also suggested the inspecting teams to take photographs/videos wherever possible and to submit a report to the Court in soft copy through the Member Secretary, Odisha State Legal Services Authority (OSLSA). Copies thereof were directed to be e-mailed directly to the Amicus Curiae Mr. Gautam Misra, Senior Advocate, who will then analyze them and place his submissions before the Court on the next date.

The Court also directed that a copy of the order to be served to the Member Secretary, OSLSA who will in turn hold a virtual meeting with all the Secretaries of the DLSAs not later than 12^th April, morning at 10:30 AM to instruct them about strict compliance of the above directions. A copy of the order was also directed to be sent to the DG, Prisons.

Case Title: Krushna Prasad Sahoo v. State of Orissa & Ors.

Case No.: W.P.(C) No. 6610 of 2006

Order Dated: 11 April 2022

Coram: Chief Justice Dr. S. Muralidhar and Justice Radha Krishna Pattanaik

Counsel for the Petitioner: Mr. Gautam Misra, Senior Advocate, Amicus Curiae

Counsel for the Respondents: Mr. Debakanta Mohanty, Additional Government Advocate Mr. S.N. Das, Additional Standing Counsel

Citation: 2022 LiveLaw (Ori) 41