Maintaining Detention Centres In Good Condition Is The Basic Requirement Of Human Dignity: Rajasthan High Court

The Rajasthan High Court has recently observed that it is essential to maintain and upkeep the Detention Centres in a good condition as it is the basic requirement of human dignity.

The bench of Justice Sandeep Mehta and Justice Farjand Ali was essentially dealing with a habeas corpus plea related to 3 detenues of the Tanzanian nationals. The plea was disposed of in March 2022, however, the matter was kept open regarding the requisite steps to be taken for the upkeep and maintenance of the Detention Center, Alwar.

Earlier, the Court had asked the responsible authorities to show up and inform the Court about the appropriate measures being taken by them to maintain the detention centers.

Pursuant to the Court's order, the Secretaries of the Social Welfare Department and Department of Home, Government of Rajasthan remained present before the Court on September 20, 2022, and gave an assurance that they shall take appropriate steps to upgrade the conditions of the Detention Centre.

Taking into account their statements, the Court, while stressing the importance to maintain the detention centers, made the following remark,

"We feel that it is absolutely essential to maintain and upkeep the Detention Centre in a good condition because the foreign nationals are being housed therein. Pursuant to being released and deported to their respective countries, they would carry (Downloaded on 11/10/2022 at 03:30:41 PM) (3 of 3) [HC-12/2022] impression regarding the conditions of the institution where they are housed till the date of their deportation. Otherwise also, the basic requirements of human dignity mandate that the conditions of such institutions should be upto the mark."

Consequently, the Court directed the Secretary, the Department of Home, Government of Rajasthan to ensure that all required logistics and repairs, etc. of the Detention Centre are catered to immediately.

Further, Dy. Solicitor General was directed to instruct the concerned officials of the Ministry of External Affairs, Government of India to make a provision for sanctioning the appropriate budget required for the maintenance and upkeep of this institution. With this, the Court closed the matter.

Case title - Adam Godwin and others v. Union Of India and others

Case Citation: 2022 LiveLaw (Raj) 244

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