Convicts, Undertrials Part Of Society, Their Murder Inside Jails 'Blot' On Judiciary: Allahabad HC Directs UP Govt To Firmly Act On Their Wage Revision

Taking a serious note of the lamentable condition of jails across the state of Uttar Pradesh and the plight of convicts and undertrials housed in such prisons, the Allahabad High Court recently directed the State Government to take firm action to revise the wage policy for such jail inmates. 

Stressing that prisoners are also a part of society, the Court reminded the state government that unless conditions (inside jail faculties), for dignified human existence are assured inside the jails, the justice delivery system may remain from dispensing justice with dignity.

"It is dignity that is at the root of the justice delivery system so that any punishment awarded is met out in accordance with the law in circumstances that are conducive to human life is without offending the basic/fundamental human rights."

The bench was essentially hearing a Public Interest Litigation (PIL) plea inter alia concerning the pitiable condition of jails in the state and the prevailing prison wage rates. The Court noted that the matter has remained pending mainly on account of the stand/approach adopted by the State.

"Repeatedly, orders have been passed giving opportunity after opportunity to the State respondents to take an informed decision with respect to revision of wages to be paid to the convicts serving out their sentence. At present, a paltry sum of Rs. 40, Rs. 30 and Rs. 25 is being paid to such convicts. It is informed, the same has not been revised for more than 10 years."

The bench of Chief Justice Pritinker Diwaker and Justice Saumitra Dayal Singh also lamented the State Government authorities for their indifferent approach towards the plight of the undertrials and convicts. It further directed the secretary, finance, and the additional IG (prisons) to remain present in the court on the next hearing date.

The Court noted that though the officers of the State mostly remained present in the Court on the dates fixed, they never assured the Court of any time frame within which decision regarding revision of wages, renovation and extension of jail facility would be taken up. The Court added that State authorities were only offering lip service to the grave concern voiced by the Court.

Regarding the overcrowding in the jails, the Court noted that the level of overcrowding ranges between 0.5 to 3.2, which cannot be allowed to remain unattended. Observing that society in general has suffered enough during the spread of the pandemic COVID-19, the Court remarked thus:

"...the State authorities appear to have not woken up to the imperative need to urgently increase the jail facility adequately, to house all convicts and under-trial prisoners, in conditions conducive to dignified human existence."

Further noting that the overcrowding has fallen marginally from 1.9 in June 2022 to 1.6 in June 2023, the Court said that assurances given by the state authorities were not earnest.

Taking cognizance of the murders being committed inside prisons, the Court said that nothing would be "more shocking" to the Court or the justice delivery system (as a whole) than the murder of any under trial or convict while in the custody of the Court.

"To allow present circumstance to exist would be to perpetrate similar occurrences in future. That would be a blot on the entire judicial set up," the Court added as it granted one last chance to the state to act firmly for revisiting prison wages, failing which affidavits have to be filed by the officers present in Court.

Appearances

Counsel for Petitioner: From Jail, Patanjali Misra Amicus C.

Counsel for Respondent: AGA Ajeet Kumar Singh assisted by Rupak Chaubey, Sudhir Mehrotra, Vimalendu Tripathi

Case title - Bachchey Lal vs. State of U.P. and Others

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