In a sharp rebuke, the Supreme Court castigated the States of Bihar, Jharkhand, and Kerala for their lack of action on prison overcrowding in its May 14 order.
The highest court in the land has had enough. Fed up with the indifference of State governments and Union Territories toward fixing overcrowded prisons, the Supreme Court laid down the hammer [In Re: Inhuman Conditions in 1382 Prisons].
Justices Hima Kohli and Ahsanuddin Amanullah expressed their dismay at the States’ sluggish response. “We’re forced to note a lack of urgency and a disturbing sense of lethargy. It’s unfortunate that when asked for details, the standard reply from State counsels is a request for more time. Clearly, they’re coming to court unprepared,” they remarked.
The Court emphasized the critical need for action, tying the issue directly to the fundamental right to liberty under Article 21 of the Constitution. “We reiterate, prisoners are entitled to rights under Article 21,” the Bench insisted.
The case, a suo motu plea from 2013, highlights the dire conditions and overcrowding plaguing Indian prisons.
On May 14, the Court didn’t mince words. Bihar was singled out for “slackness” in commencing necessary works. Jharkhand, the Court said, “does not appear serious in taking immediate remedial measures.” For Kerala, the Court observed that there was “nothing concrete” in terms of follow-up actions on identified lapses.
The Court has demanded urgent compliance from these States and others on pending directions, setting the next hearing for July 11.
The matter has Senior Advocate Gaurav Agrawal as Amicus Curiae.
