"Acute Shortage Of Staff": PIL In Delhi High Court Seeks Filling Up Of Pending Vacancies In City Prisons

Citing acute shortage of staff, a Public Interest Litigation has been moved in the Delhi High Court seeking filling up of various pending vacancies in city prisons including those regarding Medical Officers, Welfare Officers, Counsellors, Teachers for Education, Yoga Teachers and Education Vocational Counsellors.

Moved by Advocate Amit Sahni, the plea also seeks to constitute and notify Board of Visitors, Service Board, State Advisory Board and Prison Development Board as provided in Delhi Prison Act 2000 and Delhi Prison Rules 2018, in the larger interest of prisoners lodged in city Jails as well as in the interest of the Prison Administration.

The plea avers that though the Board of Visitors has been constituted on September 13, 2019, the same is awaiting its notification since then for the reasons best known to the respondent authorities.

"It is pertinent to note that Delhi Prison Rules, 2018 provides for constitution of Board of Visitors (Rule 1638), Service Board (Rule 1691), State Advisory Board (Rule 1875) and Prison Development Board (Rule 1892). Further, there is acute shortage of prison staff and particularly all posts of educational, correctional staff, psychiatric social workers and psychologists are lying vacant since long," the plea states.

The plea also avers that apart from aforesaid vacancies, the city Prisons are facing 20.25% staff shortage, regarding which serious view has been taken by the Supreme Court and Delhi High Court.

The plea makes Delhi Government and Director General of Prisons as the party respondents.

Stating that the welfare of prisoners and prison staff goes hand in hand, the plea further argues that respondents are duty bound to take adequate steps not only for the welfare of the prisoners but for the wellbeing of the prison staff as well.

The plea states that the shortage of prison staff is a reason for inadequate management of Delhi Jails which sometimes leads to violence upon the errant inmates by the Jail Staff.

"Because out of 46 deaths in Delhi Jails in 2019, 35 had died of natural deaths, while investigation is pending in at least 11 cases. Further in 2018, there were 33 natural deaths and 8 unnatural deaths, according to the NCRB data, which is yet to release prison records data for 2020," it adds.

The plea also seeks directions on the respondent authorities  to comply with the mandate of sec. 11 of the Delhi Prison Act, 2000 so as to control and minimize the use of violence upon errant and undisciplined prisoners in city Jails.

Case Title: AMIT SAHNI v. GOVT. OF NCT OF DELHI & ANR