RE-INHUMAN CONDITIONS IN 1382 PRISONS Vs. STATE
LAWS(SC)-2017-2-175
SUPREME COURT OF INDIA
Decided on February 17,2017

Re-Inhuman Conditions In 1382 Prisons Appellant
VERSUS
STATE Respondents

JUDGEMENT

- (1.) Learned amicus curiae has submitted a Note for today's hearing. He has briefly taken us through the Note and highlighted a few issues. They are as follows: Staff recruitment - It is pointed out by learned amicus curiae that in response to Lok Sabha Starred Question which was answered on 2nd August, 2016, the sanctioned strength of jail officers/staff as on 31st December, 2014 is 79,988. Out of this, the actual strength is only 52,666. Thus, there is a gap of about 27,000 staff/officers as on 31st December, 2014. Since the question was answered in the Lok Sabha on 2nd August, 2016, it is unlikely that there has been a substantial improvement since that date. In view of the above, we direct all the State Governments and Union Territories to take immediate steps to fill up the existing vacancies and initiate concrete steps in this regard on or before 31st March, 2017. The steps taken by each State/Union Territory should be intimated to the Ministry of Home Affairs, Government of India which will instruct the learned Additional Solicitor General accordingly.
(2.) It has also been pointed out that there are serious deficiencies in the training of jail officers/staff. It appears that over the last many years hardly about 7800 staff has been given some kind of training, mostly refresher training. This is an unhappy state of affairs considering the fact that the number of staff is in the region of about 50,000. In view of the above and to standardize the training to be given to the various categories of staff in prisons, we direct the Union of India through the Ministry of Home Affairs to take urgent steps to prepare training manuals for various categories of staff and officers in jails. Concrete steps should be taken in this regard on or before 31st March, 2017. The Ministry of Home Affairs may also consult the State Governments/Union Territories.
(3.) It has also been pointed out by learned amicus curiae that there is a great discrepancy between the expenses that are incurred on inmates, particularly for the year 2015-2016. For example, in the State of Bihar, the average expenditure per inmate is Rs. 83,691 per annum while in the State of Rajasthan, it is about Rs. 3,000/- per annum. Similarly, in Nagaland, it is in the region of about Rs. 65,468/- while in Punjab, it is about Rs. 16,669/-. There is a huge discrepancy in this regard which needs to be looked into. It may also perhaps be necessary to have the accounts audited to ascertain whether the money is being spent wisely and whether it is being utilized for the benefit of the prisoners or not. The Ministry of Home Affairs will come out with a scheme for auditing these accounts with the assistance of the Comptroller and Auditor General at the earliest and, if possible, by 31st March, 2017. ;


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