S P ANAND Vs. STATE OF M P

JUDGEMENT

(1.) This is a Public Interest Litigation filed by the petitioner complaining of violation of the fundamental rights of the prisoners lodged in the jails of Madhya Pradesh.

(2.) The petitioner has alleged in the writ petition that as against the capacity of the jails in Madhya Pradesh to accommodate 15,000 prisoners, there are more than 33,000 prisoners in the jails of Madhya Pradesh and this amounts to violation of fundamental rights of the prisoners and in particular their right to personal liberty and life under Article 21 of the Constitution. The petitioner has also alleged in the writ petition that convicts who have been lodged in the jail have to put in labour but they are being paid a sum of Rs. 1.00 per day which is much less than the minimum wages fixed under the Minimum Wages Act and this is being done in violation of Article 23 of the Constitution which prohibits beggar and other similar forms of forced labour. The petitioner has prayed that the respondents be directed to build up additional number of jails to accommodate the prisoners in the next ten years and to pay wages as prescribed under the Minimum Wages Act to the convicts.

(3.) A return has been filed on behalf of the respondents in which the respondents have admitted that there is overcrowding in jails in the State of Madhya Pradesh, but have stated that the State Government has initiated action for construction of new jails. In particular, the respondents have stated that sub-jails have been constructed in Indore /Ujjain circles at Khachrod, Sailana, Neemuch, Susner, Shujalpur, Agar, Bagli, Sonkutch, Dharampuri. Barawaha, Manawar, Maheshwar, Badhnaward, Kasrawal, Mhow, Depalpur, Sanwer and Jawad. In the return, the respondents have also stated that many more sub-jails have been constructed in other circles in the State. The respondents have also stated that the District Jail. Ujjain has been converted into a Central Jail and about 515 prisoners who were earlier lodged in the Central Jail, Indore have been shifted to the Central Jail, Ujjain. The respondents have also stated in the return that a Central Jail has also been constructed at Bhopal for accommodating 3000 prisoners with all facilities. Regarding wages paid to the prisoners, the respondents have stated in the return that the Supreme Court delivered a judgment reported in State of Gujarat and another v. Hon'ble High Court of Gujarat, AIR 1998 SC 3164 in which guidelines were laid down for determining the wages of prisoners and the State Government constituted a Committee which determined in accordance with the guidelines laid down by the Supreme Court the wages to be paid to the prisoners as Rs. 8/- per half day for every unskilled prisoner and Rs. 10/- per half day for every skilled prisoner after deducting the amounts spent on the prisoners on food, clothes etc. and after deducting some amount for victims of the offences.