Provide Profits Gained Out Of Jail Manufactured Products To Inmates: Uttarakhand High Court Directs State

The Uttarakhand High Court has directed the State Government to implement recommendations made by the Prison Reforms Committee to appoint male as well as female counselors and social workers in different prisons of the State.

The Division Bench of Chief Justice Ritu Bahri and Justice Rakesh Thapliyal also ordered the State to adapt the practice prevailing in the State of Himachal Pradesh whereby jail inmates are given 40% of the profit gained out of sale of jail manufactured products.

The Court took into record the letter dated November 5, 2023 which was sent by the Prison Reforms Committee whereby certain recommendations were made to the Government for appointment of male and female counselors and social workers and other personnel in the prisons. The Committee also proposed a scheme and a tentative budget for such appointments.

The Bench headed by the Chief Justice noted that three counselors interacted with the inmates of Burail Jail, Chandigarh and they have submitted a report basing upon their interactions with the prison inmates. They found that the prisoners commit crime only on the ground of peer pressure, anger, frustration and lack of employment.

The Bench asked the counsel for the State to inform the Court about the steps taken by it to implement the above recommendations made by the Committee.

The Court also perused one letter received from the Directorate of Prisons and Correctional Services, Government of Himachal Pradesh wherein it was stated that in Himachal Pradesh, they are running prison welfare activities under a registered society and 40% of the earned profit/capital gain on the sale of the products is being given to the jail inmates.

“This letter is given to the counsel for the petitioner as well as counsel for the State so that they should implement this decision for carrying out this reform especially keeping in view that 85% of the jail inmates in every jail are of lower strata and if they are making some products and they are not getting profit, their families are suffering and ultimately when they go out, they again commit crime,” the Court ordered.

While keeping the next date of hearing to April 4, 2024, the Court asked the State to implement the policy adopted by the State Himachal Pradesh, so that the jail inmates can get the benefit.

Case Title: Santosh Upadhyay & Anr. v. State of Uttarakhand & Anr.

Citation: 2024 LiveLaw (Utt) 2

Case No: WPPIL No. 36 of 2020

Date of Order: February 27, 2024

Counsel for the Petitioner: Mr. D.S. Mehta, Advocate; Mr. J.S. Virk, Amicus Curiae

Counsel for the Respondents: Mr. Sunil Khera, Deputy Advocate General

Click Here To Read/Download Order