The Ernakulam Additional Sessions Court has ruled that indiscriminate stripping while admitting a person to jail in a routine manner is illegal.
The court made the observation in its order on a petition filed by Roopesh, an accused in custody at the Central Prison at Viyyur, on charges under the Unlawful Activities (Prevention) Act for alleged Maoist activities. He had alleged grave human rights violations in the high-security prison and sought a directive to implement prison rules. It is to be concluded that indiscriminate stripping while admitting to jail in a routine manner, cellular confinement during the entire day except on a few occasions, and the installation of CCTV camera even to cover the toilet in the cell are illegal, said the order dated June 30 issued by P. Krishna Kumar, Additional Sessions Judge.
The court pointed out that indiscriminate stripping of prisoners, whether or not there is any cause of suspicion, was against the spirit and safeguards provided under Section 30 (2) of the Kerala Prisons and Correctional Services (Management) Act.
On the issue of CCTVs covering the toilet area, the jail authorities had informed that masking facility was made available in the CCTV system, and hence the observers were not able to see what happened inside the toilet. The court said a mere system of graphical masking, that too not for the entire area of the toilet, could not be considered as sufficient safeguard of the privacy of inmates.
The petition was disposed of as the accused had already been transferred to the Central Prison at Viyyur following an interim order issued by the court.