The Supreme Court Tuesday constituted a three-member committee, to be headed by former apex court judge Amitava Roy, to look into the aspect of jail reforms across the country and make recommendations on several aspects, including overcrowding in prisons.
A bench headed by Justice Madan B Lokur said the committee would also comprise Inspector General of Police of Bureau of Police Research and Development and Director General (Prisons) of Delhi's Tihar Jail.
The bench, also comprising justices S Abdul Nazeer and Deepak Gupta, asked the Ministry of Home Affairs to forthwith issue a notification constituting the 'Supreme Court Committee on Prison Reforms'.
The bench passed the order while hearing a matter relating to inhuman conditions in 1,382 prisons across India.
It said the committee would review implementation of the guidelines contained in the Model Prison Manual 2016 by states and union territories (UTs) and also recommendations made by the Parliamentary Committee on Empowerment of Women in its report tabled in the Parliament titled 'Women in Detention and Access to Justice'.
The bench said the committee would "examine the extent of overcrowding in prisons and correctional homes and recommend remedial measures, including an examination of the functioning of under trial review committees, availability of legal aid and advice, grant of remission, parole and furlough".
An undertrial review committee, set up in every district, deliberates and recommends the release of under trial prisoners and convicts who have undergone their sentence or are entitled to be released from jail due to bail or remission granted to them.
The court also said the committee would examine the aspect of "violence in prisons and correctional homes" and recommend measures to prevent unnatural deaths, assess availability of medical facilities there and make recommendations in this regard.
It said the panel would also assess the availability and inadequacy of staff in prisons and correctional homes, recommend remedial measures and suggest training and educational modules for them.
The bench said the committee would also assess the feasibility and possibility of and potential for establishing open prisons in different parts of the country and give effect to the recommendations.
Semi-open prisons or open prisons allow convicts to work outside the jail premises during the day and earn a livelihood and return in the evening. The concept was brought in to assimilate the convicts with the society and reduce their psychological pressure as they faced lack of confidence in leading normal lives outside.
In its judgement, the bench said the committee would also recommend steps for the psycho-social well-being of minor children of women prisoners, including their education and health.
The apex court said the committee would "review the recommendations made in the report of the Ministry of Women and Child Development in collaboration with the National Commission for Women and the National Law University Delhi on 'Women in Prisons'."
It also asked the committee to review the implementation by states and UTs of the guidelines contained in 'Living conditions in Institutions for Children in Conflict with Law' prepared by the Ministry of Women and Child Development and the model rules and procedures prepared by the ministry under the Juvenile Justice Act, 2015.
The committee would examine and recommend measures for the health, education, development of skills, rehabilitation and social reintegration of children in observation homes, places of safety and special homes set up under the provisions of the Juvenile Justice Act, it said.
The bench directed that the chairman of the committee would be entitled to financial benefits as available to a judge of the Supreme Court.
It said the committee would have its office in the National Capital Territory of Delhi and it would indicate to the Centre about its requirements of infrastructure support, including personnel necessary to carry out the work.
"The necessary infrastructure, including manpower will be provided by Ministry of Home Affairs, Government of India," it said, adding, "All payments indicated above shall be made by the Union of India."
"We request the committee to complete the collection of data and information and make appropriate recommendations and submit the same to this court preferably within a period of 12 months," the bench said.
The court also appreciated the efforts put in by advocate Gaurav Agrawal, assisting the court as an amicus curiae in the jail reforms matter, in making valuable suggestions.
It had earlier taken strong exception to overcrowding of jails across the country and said prisoners also have human rights and cannot be kept like "animals".
The court had earlier passed a slew of directions over unnatural deaths in jails and on prison reforms across India.
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