- (1.) These three writ petitions come before us on notice to the State of Uttar Pradesh. They seek relief in respect of certain juvenile undertrial prisoners in the Kanpur Central Jail. The allegations in respect of these juvenile undertrial prisoners are that though there is a Children's Home in Kanpur, these juvenile undertrial prisoners who are, according to the allegations in the writ petitions, more than 100 in number are lodged in the Kanpur Central Jail instead of being sent to the Children's Home and they are being sexually exploited by the adult prisoners. These allegations are based on a news report published in the issue of the Indian Express dated 2nd December, 1981 where a reference is made to a visit of Shri Madhu Mehta of the Hindustani Andolan to the Kanpur Central Jail incognito. Shri Madhu Mehta, according to this news report, found that "young boys of 10 to 14 years" were being "supplied to convicts for their delectation" and a boy named Munna whom he met, was in agony because "after the way he was used, he was unable to sit." When these three writ petitions based on the news report came up for admission, it was not possible to state whether these allegations contained in the news report were correct or not. But if they were correct, they disclosed an extremely distressing state of affairs and they were sufficient to shock the conscience of the court. The Court, therefore, issued notice to the State of Uttar Pradesh in each of these three writ petitions. But, it appears that, in the meanwhile, a writ petition bearing number 14645 of 1981 was also filed in the High Court of Allahabad by an organisation called Human Rights Organisation seeking relief in respect of these juvenile undertrial prisoners and on this writ petition, the High Court of Allahabad rightly activated itself and decided to investigate into the matter and with that end in view, made an order dated 18th December, 1981 requesting the senior most Sessions Judge of Kanpur to visit the Kanpur Central Jail and to make a report on the following points: 1. Whether there is any detenu below the age of 16 years who is being detained in the Distt. Jail, Kanpur If 60, the names of such detenus and the offences in connection with which they are being detained be indicated.
(2.) Whether any detenu below the age of 21 years is being kept under fetters or was being kept under fetters
(3.) Whether any such person is being subjected to torture of the nature mentioned in the petition;