Delhi High Court Constitutes Fact Finding Committee To Evaluate Drinking Water And Sanitation Conditions In Tihar Jail

The Delhi High Court has constituted a four member fact finding committee to evaluate the drinking water, sanitation and hygiene conditions in Tihar Jail.

A division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula directed that the members of the committee shall be Advocates Dr. Amit George, Santosh Kumar Tripathi, Nandita Rao and Tushar Sannu.

“Their mandate is to impartially evaluate the present conditions and update us on the status of drinking water, sanitation, overall hygiene, and the maintenance of washrooms/toilets within the complex,” the court said.

The Director General (Prison) of Tihar Jail has also been directed to facilitate the committee’s work by providing all requisite resources and support to enable a thorough examination of the jail premises.

The bench was hearing a public interest litigation filed by Delhi High Court Legal Services Committee highlighting the issue of supply of clean drinking water as well as maintaining hygienic sanitary conditions within the jail complex.

As the attention of the court was drawn to a report based on an inspection conducted in the jail premises by a panel counsel, the bench observed that the investigation underscores a “worrying deficiency” in providing inmates with drinking water.

“Additionally, the sanitary conditions are described as less than satisfactory. The state of washrooms/toilets is particularly concerning – many are in disrepair, and even the basic privacy of inmates is compromised due to broken doors, hampering their ability to maintain personal hygiene in private,” the court said.

It added that the report and accompanying photographs clearly revealed that the jail inmates are “bereft of essential amenities” including safe drinking water and functional toilets.

“As enshrined in Article 21 of the Constitution of India, this right remains inviolable, irrespective of an individual's incarcerated status. A prisoner's basic constitutional rights persist, even behind bars. Therefore, any measures restricting an individual's freedom must not infringe upon their inherent dignity and rights,” the court observed.

The bench listed the matter for hearing on October 18 and sought a detailed status report from the committee as well as the Delhi Government.

Case Title: DELHI HIGH COURT LEGAL SERVICES COMMITTEE v. GOVERNMENT OF NCT OF DELHI

Citation: 2023 LiveLaw (Del) 763

Click Here To Read Order