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LATEST NEWS UPDATES | Systemic neglect ensures that prisons act as warehouses for the marginalised -Maja Daruwala and Vijay Raghavan

Systemic neglect ensures that prisons act as warehouses for the marginalised -Maja Daruwala and Vijay Raghavan

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published Published on Dec 28, 2020   modified Modified on Dec 28, 2020

-The Indian Express

Prolongation of these so-called criminal cases is unconscionable, as is forcing vulnerable people into remaining in hotspots of increased infection and fatal risk.

Two recent incidents of Stan Swamy and Gautam Navlakha show up the state of our prisons today. Both are undertrial prisoners in the Bhima-Koregaon case. Both had to move the courts for the simplest of necessities. One, to get a sipper cup and a straw because he is an 80-year-old man with Parkinson’s and the other to wrest a pair of glasses to replace a broken pair. It led to the Bombay High Court into making an observation that workshops should be conducted for the prison staff to sensitise them.

Why did these matters have to go to the courts? It is, perhaps, an indication of the fact that there is little space for ground-level staff to make operational decisions. Officials do not want to get into trouble, especially in cases of political prisoners arrested under national security laws.

The law on provision of basic facilities to prisoners is clear — it lies squarely with custodial authorities. The Nelson Mandela Rules 2015 issued by the UN and the Model Prison Manual 2016 by the Bureau of Police Research and Development, Ministry of Home Affairs, have elaborate provisions regarding the care, treatment and rehabilitation of prisoners. A plethora of Supreme Court and high court judgments reiterate that prisoners are human beings with basic rights. In essence, the law emphasises that as far as under trial prisoners are concerned, they enjoy all other rights, save those restricted by virtue of their being incarcerated.

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The Indian Express, 28 December, 2020, https://indianexpress.com/article/opinion/columns/bhima-koregaon-case-national-security-laws-political-prisoners-nsa-7122512/


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