Holding

The Supreme Court directed all concerned State Governments and Union Territories to file affidavits, expedite pending approvals, and implement prison‑reform measures in accordance with the Model Prison Manual 2016, thereby ensuring compliance with Article 21.

Summary

The Supreme Court examined the status reports filed by several states on the implementation of its earlier prison‑reform directives, focusing on overcrowding, inadequate infrastructure, and the welfare of women prisoners and children. The Court noted persistent delays, lack of approvals, and insufficient action by the states despite earlier orders. Relying on Article 21 of the Constitution and precedent cases, the Court reiterated that prisoners are entitled to fundamental rights, including basic facilities. It directed each state to file fresh affidavits personally affirmed by the Chief Secretary, to expedite pending approvals, and to adhere to the specifications of the Model Prison Manual 2016 for capacity enhancement, sanitation, kitchens, staff, and other infrastructure. Specific timelines were fixed for construction, land acquisition, and review meetings, and the Court ordered compliance reports to be filed before the next hearing. The petition was not dismissed; instead, the Court issued comprehensive directions to ensure urgent remedial measures across all jails.

Issues considered

Whether the states have complied with the Supreme Court's earlier directions on prison reforms under Article 21.
Whether the states must file affidavits and expedite approvals for capacity enhancement and infrastructure upgrades.
Whether the Model Prison Manual 2016 can be prescribed as a uniform standard for prison facilities.
Whether prisoners' fundamental rights require specific improvements such as sanitation, kitchens, medical facilities, and provisions for women and children.
Whether the Court can impose specific timelines and supervisory directions on state governments for prison reforms.

Legislation cited

Constitution of Indias. Article 21

Subjects

Prison ReformsBasic facilities in prisonsArticle 21 of the Constitution of IndiaFundamental Rights of prisonersProblems in jails in IndiaFacilities lacking in jailsOvercrowding in jailsInmate capacity enhancement/augmentationConstruction of new prisoner cellsWomen prisonersWelfare of women prisoners and children in the prisonPrison ManualModel Prison Manual 2016

Judgment

[2024] 5 S.C.R. 1038 : 2024 INSC 461

In Re-Inhuman Conditions In 1382 Prisons
(Writ Petition (Civil) No. 406 of 2013)
14 May 2024
[Hima Kohli and Ahsanuddin Amanullah, JJ.]

Issue for Consideration
Status reports filed by various States/UTs furnishing information on
the action proposed to be taken within fixed timeline as regards
various facilities lacking in jails and the recommendations made
by the Committee(s) constituted by the Supreme Court.

Headnotes†
Prison Reforms – Recommendations made by the Committee(s)
constituted by Supreme Court – Overcrowding in jails;
capacity enhancement; welfare of women prisoners and
children in prisons etc. – Status reports filed by the States
of Bihar, Punjab, Chhattisgarh, Rajasthan, Jharkhand, Odisha
and Kerala in terms of directions issued vide order dtd.
23.04.2024 – Recommendations made by Amicus Curiae as
regards additional wards; upgradation of other necessary
infrastructure like sanitation facility, kitchen, staff etc. to meet
the additional needs; such infrastructural improvement and
their upgradation; pending approvals:
Held: In terms of recommendations of Amicus Curiae, specific
directions issued to the States/UTs – Additional affidavits personally
affirmed by the Chief Secretary of the State/UT concerned be
filed – Affidavits to address all issues including inmate-capacity
enhancement/augmentation and creation of posts of wardens/cooks/
doctors/various jail staff etc. – Pending approvals for sanction of
projects or identification of suitable land, to be brought to their logical
conclusion within the period as directed – Further, for creating facilities
in prisons, common specifications/parameters may be in terms
prescribed by and under the Model Prison Manual 2016 issued by
the Ministry of Home Affairs, Government of India. [Paras 36-38, 41]

Case Law Cited
Sunil Batra (II) v Delhi Administration [1980] 2 SCR 557 : (1980) 3
SCC 488; Rama Murthy v State of Karnataka (1997) 3 SCC 642;
State of Maharashtra v Prabhakar Pandurang Sangzgir [1966] 1
[2024] 5 S.C.R. 1039

In Re-Inhuman Conditions In 1382 Prisons

SCR 702 : AIR 1966 SC 424; Mohan Patnaik v State of Andhra
Pradesh [1975] 2 SCR 24 : (1975) 3 SCC 185; Re-Inhuman
Conditions In 1382 Prisons vs. Re-Inhuman Conditions In 1382
Prisons [2016] 1 SCR 1090 : (2016) 3 SCC 700; Re- Inhuman
Conditions In 1382 Prisons (Ji) [2016] 7 SCR 1001 : (2016) 10 SCC
17; Re-Inhuman Conditions In 1382 Prisons [2017] 14 SCR 519 :
(2017) 10 SCC 658; Inhuman conditions In 1382 Prisons, In Re
[2018] 12 SCR 78 : (2018) 18 SCC 777 – referred to.

List of Acts
Constitution of India.

List of Keywords
Prison Reforms; Basic facilities in prisons; Article 21 of the
Constitution of India; Fundamental Rights of prisoners; Problems
in jails in India; Facilities lacking in jails; Overcrowding in jails;
Inmate capacity enhancement/augmentation; Construction of new
prisoner cells; Women prisoners; Welfare of women prisoners and
children in the prison; Prison Manual; Model Prison Manual 2016.

Case Arising From
CIVIL ORIGINAL JURISDICTION: Writ Petition (Civil) No.406 of 2013
(Under Article 32 of The Constitution of India)
Appearances for Parties
Gaurav Agrawal, Sr. Adv., Amicus Curiae
Ms. Aishwarya Bhati, A.S.G., Amit Anand Tiwari, Ms. Garima Prasad,
Sr. A.A.Gs., B.K. Satija, Mohd Irshad, Shiv Mangal Sharma, A.A.G.,
Harmeet Singh Ruprah, D.A.G., Tapesh Kumar Singh, Sr. Adv./
AAG, R. Bala, Sr Adv., Mahfooz Ahsan Nazki, Polanki Gowtham,
K. V. Girish Chowdary, T. Vijaya Bhaskar Reddy, Ms. Rajeswari
Mukherjee, Meeran Maqbool, Ms. Archita Nigam, Shuvodeep Roy,
Saurabh Tripathi, Sumit Kumar, Abhimanyu Tewari, Ms. Eliza Bar,
Ms. Pragati Neekhra, Ms. Deepanwita Priyanka, Ms. Swati Ghildiyal,
Ms. Devyani Bhatt, Ms. Neha Singh, Surjendu Sankar Das, Anand
Murthi Rao, Samar Vijay Singh, Keshav Mittal, Ms. Sabarni Som,
Fateh Singh, Manish Verma, Parth Awasthi, Pashupathi Nath Razdan,
Ms. Maitreyee Jagat Joshi, Astik Gupta, Ms. Inderdeep Kaur Raina,
Rishi Malhotra, V. N. Raghupathy, Manendra Pal Gupta, Varun
1040 [2024] 5 S.C.R.

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Varma, Ms. Mythili S, Md. Apzal Ansari, C. K. Sasi, Ms. Meena K
Poulose, Ms. Anupriya, Ms. Mrinal Gopal Elker, Saurabh Singh,
Manish Yadav, Aaditya Aniruddha Pande, Siddharth Dharmadhikari,
Bharat Bagla, Sourav Singh, Aditya Krishna, Preet S. Phanse,
Adarsh Dubey, Pukhrambam Ramesh Kumar, Karun Sharma, Ms.
Anupama Ngangom, Ms. Rajkumari Divyasana, R.Rajaselvan, Avijit
Mani Tripathi, Upendra Mishra, P.S. Negi, T.K. Nayak, Kynpham V.
Kharlyngdoh, Ms. Marbiang Khongwir, Siddhesh Shirish Kotwal,
Ms. K. Enatoli Sema, Ms. Limayinla Jamir, Amit Kumar Singh, Ms.
Chubalemla Chang, Prang Newmai, Ms. Anindita Pujari, Shaileshwar
Yadav, Ms. Radhika Mohapatra, Ms. Bhumika Chouksey, Karan
Sharma, Saurabh Rajpal, Ms. Nidhi Jaswal, Ms. Shalini Singh,
Amogh Bansal, Sandeep Kumar Jha, Raghvendra Kumar, Anand
Kumar Dubey, Simanta Kumar, Jainendra Kumar, Maneesh Pathak,
Sabarish Subramanian, Ms. Devyani Gupta, Vishnu Unnikrishnan,
Naman Dwivedi, C Kranthi Kumar, Ms. Tanvi Anand, Danish Saifi,
Chandra Bhushan Tiwari, Siddharth Sangal, Pradeep Misra, Daleep
Dhyani, Suraj Singh, Manoj Kumar Sharma, Srisatya Mohanty, Ms.
Astha Sharma, Shreyas Awasthi, Ms. Muskan Surana, K.M. Natraj,
Mukesh Kumar Maroria, Mrs. Suhasini Sen, Ishaan Sharma, Mrs.
Indira Bhakar, Mrs. Mrinal Elkar Mazumdar, Harish Pandey, Mrs.
Shagun Thakur, Kamlendra Mishra, Rajesh Singh Chauhan, Piyush
Beriwal, Kanu Agrawal, Varun Chugh, Bhuvan Kapoor, Krishna
Kant Dubey, Shashwat Parihar, Vineet Singh, M.K. Maroria, Arvind
Kumar Sharma, Ms. Pallavi Langar, Ms. Ruchika Gupta, Ms. Henny
Khanna, Ms. Namita Choudhary, Ashutosh Kumar Sharma, Ms.
Srishti Choudhary, Samir Ali Khan, Pranjal Sharma, Md Kashif Irshad
Khan Faridi, Abhimanyu Jhamba, Abhishek Pandey, Prashant Kumar
Umrao, Ms. Rashmi Nandakumar, Yashmita Pandey, Rajendra Sahu,
Ms. Hema Sahu, Ms. Kamlesh Jain, Gaurav Agrawal, Gurmeet Singh
Makker, Ms. Suhashini Sen, Sarthak Karol, Ms. Ameyvikrama Thanvi,
Ashok Panigrahi, B. K. Satija, Kartikay Agrawal, Abhishek Kumar
Pandey, Chitvan Singhal, Raman Yadav, Mukesh Kumar Singh,
Mrs. Ameya Vikrama Thanvi, Anando Mukherjee, Ms. Ekta Bharati,
Shwetank Singh, Chandra Prakash, Shantanu Sagar, Prabhat Ranjan
Raj, Anil Kumar, Gunjesh Ranjan, Salvador Santosh Rebello, Raghav
Sharma, Prateek Tanmay, Jaskirat Pal Singh, Deepanshu Raj, Ms.
Pooja Gill, Ajay Verma, Vaishnav Kirti Singh, Durgesh Ramchandra
Gupta, Advs. for the Respondents.
[2024] 5 S.C.R. 1041

In Re-Inhuman Conditions In 1382 Prisons

Judgment / Order of the Supreme Court

Order
(I) CONTEXT
1. Pursuant to our order dated 23rd April, 2024, Mr. Gaurav Agrawal,
learned Amicus Curiae1 has filed a Note summarising details of
information2 received from the States of Bihar, Punjab, Chhattisgarh,
Rajasthan, Jharkhand, Odisha, and Kerala.
2. The AC submits that the State of Uttar Pradesh has also filed a
report which runs into more than 300 pages; likewise stands the
position for the States of Andhra Pradesh, West Bengal and Madhya
Pradesh – all their reports/responses are voluminous. Mr. Agrawal
submits that these three States (supra) may file additional affidavits
in terms of the order dated 23rd April, 2024, for which purpose some
time be granted.
3. It is also submitted that further affidavits have been received from the
States of Telangana, Assam, Gujarat, Tamil Nadu and Maharashtra.
He requests for time to file a comprehensive report after going
through the said affidavits.
(II) STATEWISE STUTUS REPORTS
(A) STATE OF BIHAR
4. Onto what engages us today, the AC draws the attention of this
Court to the State of Bihar, where overcrowding in jails has been
flagged, especially concerning the (a) District Jails at (i) Aurangabad,
(ii) Darbhanga, (iii) Gopalganj, (iv) Khagaria, (v) Lakhisarai, (vi)
Madhepura, (vii) Biharsharif, (viii) Navadah, (ix) Saharsa, (x) Chapra,
(xi) Sitamarhi, (xii) Siwan, (xiii) Supaul, (xiv) Hajipur; (b) Adarsh
Central Jail, Beur, and (c) Central Jail, Purnea.
5. The Note indicates a measure of slackness pertaining to approvals
being granted for works to commence. In some jails, the capacity
enhancement is likely to be completed by the end of the present
Financial Year i.e. by/before March, 2025, whereas in other jails,
suitable land is still being identified.

1 hereinafter referred to as the ‘AC’
2 hereinafter referred to as the ‘Note’
1042 [2024] 5 S.C.R.

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6. This Court is not satisfied with the steps taken by the concerned
authorities of the State of Bihar to indicate their seriousness
towards addressing issues which are urgent in nature and cannot
be casually dealt with. For instance, apropos improvement in living
conditions for the prisoners in Central Jail, Gaya, it transpires that
that approval has been given for making adequate availability of
drainage facility, construction of additional toilets, construction of
kitchen, in the current Financial Year followed by construction over
the next two years.
7. For the Sub-Jail, Sherghati, approval has been given for construction
of 15 additional toilets and the work is being done by the Building
Construction Department.
8. The AC has submitted that in terms of the recommendations made by
the Committee constituted by this Court, in 13 Central/District Jails,
insofar as women prisoners are concerned, the State Government
has indicated various steps taken in the District Jails at Aurangabad,
Ara, Katihar, Lakhisarai, and the Central Jail at Gaya.
9. Again, we would note that though some recommendations
made by the Committee have been accepted/processed, the
State Government is yet in the process of granting approvals for
construction of kitchen, increasing the height of the parameter wall as
also for construction/maintenance of clean toilets, separate women
prisoners’ hospital, expansion of women prison-wards and barracks
and construction of new prisoner cells. We find no valid reason
for the delays in the approvals. Needless to state, the approval,
being the starting point for any project/development to proceed,
it must be dealt with on priority. The Note and the record make it
clear that for various jails, approvals for the works are expected
to be given in the present Financial Year 2024-25 i.e. in the next
10 months, upto March, 2025.
10. In the above background, the AC has prayed for issuance of directions
as under:
‘a) Approval for additional wards in District Jail
Aurangabad, District Jail Lakhisarai and District Jail
Nawadah, and the 5 women jails mentioned above
may be expedited by the State Government so that
process for construction can begin at the earliest. The
[2024] 5 S.C.R. 1043

In Re-Inhuman Conditions In 1382 Prisons

Government has stated that the financial approval
would be given in this financial year. The Government
may consider giving approval in 3 months’ time and
take further steps thereafter.
b) It is important that with the increase in the capacity,
the State Government may also be directed to ensure
that other necessary infrastructure like sanitation
facility, kitchen, staff etc is also upgraded to meet
the additional needs.
c) Construction is going on in District Jail Darbhanga,
Central Jail Purnea, District Jail Saharsa and District
Jail Chhapra. Affidavit of the State Government
states that most of the works would be completed
by next year i.e. 2025. The Chief Secretary, State
of Bihar may take a review meeting of the ongoing
construction in 6 months’ time to ensure that there
is no delay in the said construction.
d) Land identification process is underway interalia
in Gopalganj, Khagaria, Biharsharif and few other
districts. It is humbly prayed that the Chief Secretary
may review the matter in 4 months. He may impress
upon the District Magistrates of the urgency, so that
land is identified at the earliest. The progress in this
regard may be informed to this Hon’ble Court.
e) It appears that land has been selected for construction
of new jail in Madhepura. Madhepura has huge
overcrowding in as much as sanctioned capacity
is 182 and existing capacity is 517 i.e. 2.5 times
the sanctioned capacity. It is prayed that the State
Government may be directed to complete the land
acquisition process within 6 months.
f) A new jail is proposed in Supaul for which estimate has
been received from Building Construction Department
and process of approval is underway. The State
Government may be directed to expedite approval
process so that construction process can begin.’
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11. The AC has also highlighted additional issues:
‘… The undersigned has gone through the summary of
the report and respectful submits that the following may
need the attention of the State Government:-

Sr. Name of jail Report of the Committee
No.

1 District Jail Facilities for children lodged with their
Begusarai mothers in jail:- There is women’s cell
of 10 capacity located in the prison
currently have 37 women prisons
with one child are living. A temporary
crèche facility is available in the
women’s sections. District Education
Officer/ District Programme Officer
Begusarai have been requested to
open an Anganwari Center in the
women’s wing of the jail for the
primary education of the children
of 0-6 years confined with female
prisoners.
There is lack of space inside the
jail for construction of addition male
cell. As the number of prisoners
increases, a situation of public unrest
arise. Keeping in mind the density of
prisoners, there seems to be a need
for construction of a sub-jail inside
the district.
The Committee unanimously
decided to recommend for
construction of a sub-jail inside
the District between Manjhaul
Sub-Division and Bakhri Sub-Division.

2 Central Jail Construction of toilet cum bathroom
Bhagalpur/ with 10 commodes is required in
Women District Mahila Mandal Jail, Bhagalpur for the
Jail Bhagalpur purpose of female prisoners.
[2024] 5 S.C.R. 1045

In Re-Inhuman Conditions In 1382 Prisons

There is a need to construct double
washing closets (toilets, urinals)
inside the wards in Mahila Mandal
Jail, Bhagalpur as per Model Jail
Manual, 2016, which is not available
in the jail.
At present, the provision of flush toilet
is not available in Mahila Mandal Jail,
Bhagalpur. According to the Model
Jail Manual, 2016, all the previously
constructed toilets are required to
be converted into flush toilets and
the previously non-functional toilets
in the jail are required to be repaired
and renovated.
At present, there is a provision
of one washroom for every 10
prisoners in Mahila Mandal Jail,
Bhagalpur, but it needs repair/
renovation.
Presently, modern kitchen is not
installed in Mahila Mandal Jail,
Bhagalpur. As a result, as per Model
Jail Manual, 2016, additional modern
kitchen is expected to be installed as
per the prison capacity.

3 Central Jail On the point of welfare of women
Buxar prisoners and facilities for children
lodged with their mother in jails,
the Jail Superintendent stated that
construction of canteen, crèche,
toilets and bathrooms, advanced
kitchen of women is required.

4 District Patna Patna has Adarsh Central Beur,
District Jail Phulwarisharif and 4 sub
jails. However, there is no report
regarding the requirements of the
said jails.
1046 [2024] 5 S.C.R.

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5 District Jail One female ward is needed for the
Rohtas women inmates during the meeting,
(Sasaram) Jail Superintendent submitted that
place is available for enhancing the
[As against
capacity of existing jail.
capacity of
30 women
prisoners,
there are
82 women
prisoners
lodged in jail].

6 District Jail For the treatment of women inmates
Samastipur service of one Gynaecologist (sic)
is required at least once in a week.
Hence, Jail Superintendent is
directed to communicate the matter
to Civil Surgeon, Samastipur for the
arrangement of one Gynaecologist
(sic). It is also recommended by the
Committee that any child between
age 4-6 years, who is living with his/
her mother, he/she will be enrolled
to the nearest school for proper
education.

…’
12. From the aforesaid, it transpires that no specific report regarding
requirements for the Adarsh Central Jail, Beur, Phulwarisharif and
4 Sub-jails of the said jails, has been furnished.
13. Ergo, on the recommendation of the AC, a direction is hereby
issued to the State of Bihar not only to implement on priority
basis, the recommendations supra but further, to ensure that
the exercise contemplated is undertaken on an urgent basis for
all the jails in its jurisdiction. Milestones be fixed for expeditious
implementation/completion thereof. The State will also endeavour
to shorten the timelines presently projected for various works.
Fresh affidavit of compliance shall be filed by the State of Bihar
before the next date.
[2024] 5 S.C.R. 1047

In Re-Inhuman Conditions In 1382 Prisons

(B) STATE OF PUNJAB
14. The AC’s Note highlights overcrowding in jails and points out some
timelines for infrastructural improvement in jails and their upgradation.
Four five-year phases have been indicated viz. from (a) 2024-2025
to 2028-2029, (b) 2029-2030 to 2033-2034, (c) 2034-2035 to 2038-
2039, and (d) 2039-2040 to 2043-2044. For the first phase comprising
the Financial Years 2024-2025 to 2028-2029, the Central Jails at
Patiala, Ludhiana, Amritsar, Kapurthala, Faridkot; District Jails at
Nabha, Sangrur, Roopnagar, Mansa, Barnala and Sub-Jail, Fazilka
have been included detailing works qua repair, other constructions
including sewage systems, new barracks, repair of hospital cells,
bathrooms, creation of female barracks, creche etc.
15. For the State of Punjab, the AC seeks the following directions:
‘i) It is humbly submitted that the Chief Secretary,
Government of Punjab has merely mentioned that
summary is submitted. It is hoped that the Government
has decided the recommendations. It is imperative that
actual decisions are taken by the State Government
in this regard and atleast (sic) the works that can be
approved in this financial year 2024-25 are approved
in 3 months’ time. The Government must try and
approve as many projects/ works as possible.
ii) Construction of additional capacity should also be
matched with other infrastructure like construction of
toilets, enhancement of staff etc. This aspect should
also be examined by the State.
iii) On the last date, this Hon’ble Court had indicated about
need for de-addiction center in atleast (sic) major
jails in the State of Punjab. Only recommendation
is given qua Central Jail Faridkot that there is a
requirement for de-addiction center. It is important
that the State of Punjab examines the availability of
medical facilities which are required in all Central
Jails atleast (sic) for purposes of de-addiction center.
iv) With regard to women prisoners: The State Government
has mentioned in its affidavit that the Department of
Jail will establish sanitary pad dispensing and disposal
1048 [2024] 5 S.C.R.

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machine at Central Jail Ferozepur as recommended
by the District Committee. It is humbly submitted that
the State Government may examine whether similar
such facility is required and can be made available
in other Central Jails also.’
16. The State of Punjab through its authorities concerned is directed
to do the needful in the above terms and file a fresh affidavit well
before the next date of hearing.
(C) STATE OF CHHATTISGARH
17. The Note, as per the Statement of the Director General, Prisons,
indicates that the total capacity of the 33 jails in the State is 14483,
whereas currently 18343 prisoners are lodged. The Statement informs
that construction work of 78 prisoner barracks is being undertaken
to increase the capacity to 4450. 26 works would be completed by
December, 2024; 40 works by June 2025, and the remaining works
by December, 2025. It is stated that for ensuring that there is no
overcrowding in jails for the next 10 years, action will be taken on a
proposal of ₹ 22.8 crores for construction of 19 additional prisoner
barracks, which would further boost the capacity by 1900. Provision
thereof would be made in the Budget of the next Financial Year and
the work would be completed by December, 2026.
18. With regard to the welfare of women prisoners and children in the
prison, the Note sets out that the State’s position is that overcrowding
would be solved by completion of the already-sanctioned barracks
as also barracks to be sanctioned in the coming Financial Year.
It is said that free sanitary pads are being provided to the women
prisoners and an incinerator machine has also been installed for their
disposal. It is informed that adequate arrangements for toilets and
bathrooms in the women’s cells and for night toilets in the barracks
has been made, to handle cleanliness and hygiene. The State submits
that adequate water facilities are in place. For children living with
female prisoners, who are detained in jail, it is stated that nutritious
food, clothes and medical facilities as per the relevant jail rules are
being provided. Babies are provided clothes, food and milk on the
advice of the doctor. Baby-kit clothes, soap, oil, powder, mosquito
net, rexine, etc., are being given for new-born baby/ies. A crèche
has been arranged in the jails for children. Children above the age
of six years, who do not have any guardian, are kept in a Children’s
[2024] 5 S.C.R. 1049

In Re-Inhuman Conditions In 1382 Prisons

Home, with permission from the concerned District Magistrate. It is
informed that the Children’s Home is equipped for the intellectual
and physical development of the children.
19. The AC has submitted that construction in the existing barracks
would ease the overcrowding to some extent, but the affidavit of the
Chief Secretary/Note of the Director General, Prisons does not deal
with the recommendations of the Committee regarding each of the
16 Central and District Jails. The AC points out that administrative
approval in many cases is pending such as construction of a special
jail with capacity of 4000 prisoners in Raipur District, acquisition of
land in Village Deori, approval for new jails in Balrampur etc.
20. The AC seeks following directions:
‘a) The Government may examine the specific
recommendations qua 16 central/ district jails as
highlighted in the note of the undersigned and
examine whether the additional construction of
barracks would ease of overcrowding in that jail. The
problem of overcrowding must be seen at jail level
and not for the entire State as a whole.
b) The additional capacity should be matched with other
infrastructure like toilets and enhancement of staff.
This aspect should also be examined by the State.
c) It has been mentioned that 19 additional prison
barracks of 100 each would be approved in this
financial year. It is prayed that the State Government
may be directed to approve the said proposals within
a period of 3 months so that construction could began.
d) The report of the Committee constituted by this
Hon’ble Court qua women prisoners and children
is not available. It is submitted that the said report
may be made available to the undersigned so
that the problems can be highlighted and the
recommendations can be brought to the notice of
this Hon’ble Court.’
21. Directions are issued to the State of Chhattisgarh on the above
terms and compliance report be filed on an affidavit before the next
date of hearing.
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(D) STATE OF RAJASTHAN
22. The Note by the AC states that 30 works relating to construction of
jails are on-going, including construction of District Jail Dungarpur,
which is likely to be completed by 31st August, 2024, construction of
prison barracks in Sub-Jail Kishangarh, District Jail Barmer, Central
Jail Sriganganagar, District Jail Nagaur, District Jail Churu, Central
Jail Kota and District Jail Jhunjhunu. Similarly, reconstruction of open
jail quarters in various jails including Central Jail Kota and District
Jail Barmer, most of the works are scheduled to be completed either
in the present calendar year or at the latest, by March, 2025.
23. As far as the reports of the Committee constituted by this Court are
concerned, para 8 of the Chief Secretary’s affidavit reads as under:
‘The recommendations of the Committee formed under
the chairmanship of the Hon’ble District and Sessions
Judges were examined and the following land has been
allotted for prisons-
1. Sub Jail Bari (Dholpur)
2. Sub Jail Hindaun City
3. District Jail Bhilwara
4. Sub Jail Phalodi
5. Sub Jail Choti Sadri
6. District Jail Rajsamand
7. Sub Jail Bheem
8. Sub Jail Ramganjmand
9. Sub Jail Nainwa
10. Sub Jail Bhawanimandi’
24. The State Government has stated that various requests for sanction
of money and identification of suitable land for expansion would be
done in the coming months.
25. The AC, in praesenti, does not seek any positive directions to the
authorities concerned. However, the AC submits that the timelines
be adhered to, both for works in progress as also for analysing new
proposals. The State is directed to take note of the afore-stated and
proceed accordingly.
[2024] 5 S.C.R. 1051

In Re-Inhuman Conditions In 1382 Prisons

(E) STATE OF JHARKHAND
26. Various recommendations made by the Committee for the 14
Jails (Central/District) have been indicated. It has been stated that
pursuant to the recommendations of the Committee, the Government
has written to all the Prison Superintendents to seek preparation of
estimates from the Jharkhand Police Housing Corporation Limited3
for the works recommended. The State Government has sought
information wherever new prisons have been recommended for
establishment.
27. The AC has sought directions as under:
‘i) There is urgent need for construction of new jail in
Deogarh for which part of the land is also acquired
and another part of the land has been earmarked.
The Chief Secretary of the State should ensure
that necessary steps are taken for process of the
construction of new Jail at Deogarh and submit a
status report to this Hon’ble Court.
ii) As regards other jails are concerned, the State has
directed the Superintendent of all jails to get estimates
for construction of new wards and/or renovation. It
may be (sic) admissible if this process is completed
as soon as possible so that the requirement in each
of the jails is ascertained as soon as possible and
those works which can be started this year can
commence at the earliest.
iii) The Superintendent of women jails/wards in the State
can also examine specific issues dealing with hygiene,
sanitation and medical checkup of women and also
the facility required for children and communicate
the same as soon as possible to the Headquarter
for doing the needful.’
28. At this stage, the Court would indicate that the State does not appear
serious in taking immediate remedial measures in the matter inasmuch
as it has left it to the Prison Superintendents to prepare/obtain

3 hereinafter referred to as ‘JPHCL’
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estimates for the works recommended with the aid of JPHCL. The
Prison Superintendent, being the junior-most officer in the hierarchy,
cannot be expected to have much of a say, real or persuasive, to
get things done at the higher/highest level. With this in mind, this
Court had earlier indicated that the Chief Secretaries of the States/
Union Territories would be filing affidavits, with the idea so that all
the recommendations could be scrutinised at the highest level, and
consequently, whatever action would be required, could be taken by
the State Government, eliminating any processual delays.
29. The State shall act in terms of the directions sought by the AC, being
mindful of what we have penned above.
(F) STATE OF ODISHA
30. The AC’s Note indicates that the affidavit filed by the Chief Secretary
is not clear on one aspect - the Chief Secretary has forwarded
minutes of meetings of the Committees of 13 Districts, whereas
there are 30 Districts in the State of Odisha. It is not clear if the
remaining Districts (17) have held their meetings, and if yes,
what report/recommendation(s) have been made. To address the
problem of overcrowding in 8 jails, inter alia, additional wards
have been constructed in 29 selected jails enhancing the total
capacity of inmates by 2240 during the years 2020-2021, 2021-
2022 and 2022-2023. It is stated that additional wards are also
under construction in 23 jails, which would enhance the inmate
capacity by 1625.
31. For five districts, namely, Nabarangpur, Kandhamal Phulbani,
Doegarh, Gajapati and Sundergarh, for which recommendations
have been made by the Committee concerned, there is nothing to
indicate as to what action has been taken on the same.
32. The State is directed to proceed with all possible expedition to ramp
up the capacity and file a fresh affidavit before the next date.
(G) STATE OF KERALA
33. The affidavit by the Chief Secretary indicates overcrowding issues
in 13 prisons.4 Recommendations have also been made by the

4 For reference, the State of Kerala has 56 prisons.
[2024] 5 S.C.R. 1053

In Re-Inhuman Conditions In 1382 Prisons

Committees. Yet, nothing concrete is forthcoming as to what follow-
up action, if any, has been taken by the State Government. As such,
the AC has prayed for issuance of these directions:
‘a) In some of the Districts in the State of Kerala, the
1st meeting was adjourned awaiting reports from the
Superintendent of Prisons. It is therefore, humbly
prayed that in such cases, a 2nd meeting may be held
and recommendations to improve the conditions in
the prison may be made.
b) The State of Kerala may be directed to examine the
recommendations made by the Committees in all the
districts and take appropriate decisions prioritizing the
cases which are urgent and which need immediate
action and compliance affidavits may be filed before
the next date of hearing.’
34. The State is directed to act in terms of the AC’s prayers extracted
above and file a compliance affidavit before the next date.
(III) WAY FORWARD
35. Upon careful consideration of the stands taken by the States supra
as also the oral submissions of various other States made through
their respective learned counsel, we are constrained to observe that
the State Governments/Union Territory Administrations have not
fully woken up to the dire situation. Bereft of a sense of urgency,
we sense a certain lethargy. It is most unfortunate that upon queries
put by the Court to the learned counsel appearing for the States, the
standard response received is that further time be given to come up
with details. Obviously, learned counsel cannot address the Court
without instructions.
36. There has been a detailed dialogue between the Court, the AC and
the learned counsel, during the hearing. Many aspects and factors
have been clarified to learned counsel appearing for the parties. We
presume that learned counsel, having taken note of the same, would
impress upon their respective clients i.e. the respective States or Union
Territories (hereinafter referred to as ‘UT’) to act with diligence. Ex
consequenti, we direct that appropriate response(s) shall be filed by
way of additional affidavits personally affirmed by the Chief Secretary
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of the State/UT concerned, at least a week before the next date of
hearing, of course, with advance copies to the AC.
37. In addition to specific directions issued to certain States, it is
categorically indicated that pending approval(s), be it for sanction
of projects or identification of suitable land, the same be proceeded
with and brought to their logical conclusion by the States/UTs within
a period of ten weeks, reckoned from today.
38. Few learned counsel have requested that the Court may specify
some common/ uniform parameters for States/UTs to create facilities
in prisons. This suggestion is merited. To begin with, specifications/
parameters for jails may be in terms prescribed by and under the
Model Prison Manual 2016 (hereinafter referred to as the ‘MPM’)
issued by the Government of India, Ministry of Home Affairs.
39. Learned Senior counsel for the State of Uttar Pradesh has submitted
that as per the parameters in its latest Jail Manual,5 the average
area per prisoner is more than what is provided for in the MPM. It is
canvassed that if the MPM specification is applied, then the capacity
of prisons in Uttar Pradesh would increase substantially, with the
current infrastructure alone.
40. We may note that perhaps mere existence of a large campus area
would not per se mean that the capacity has been enhanced or
augmented. What is required to be seen is that whether the requisite
facilities for each individual prisoner are adequate in terms of sleeping
area, mobility within the prison, kitchen/food, health facilities, other
matters etc.
41. Thus, States/UTs, in their proposed affidavits, should address
all issues holistically, including inmate-capacity enhancement/
augmentation. Other logistics such as creation of posts of wardens/
cooks/doctors/various jail staff etc. should also be factored in.
42. Before concluding, we may reiterate that prisoners are covered under
Article 21 of the Constitution of India. In Sunil Batra (II) v Delhi
Administration,6 this Court had pointedly answered that prisoners
are persons who are entitled to Fundamental Rights even while in

5 We take it that the reference is to the Uttar Pradesh Jail Manual, 2022.
6 [1980] 2 SCR 557 : (1980) 3 SCC 488
[2024] 5 S.C.R. 1055

In Re-Inhuman Conditions In 1382 Prisons

custody. Rama Murthy v State of Karnataka,7 was a case where this
Court had identified some problems plaguing jails in India, some of
which continue to linger till today. Even before these cases, the view
of this Court in respect of prisoners and undertrials was exposited
in State of Maharashtra v Prabhakar Pandurang Sangzgiri 8 and
Mohan Patnaik v State of Andhra Pradesh.9 These are merely
illustrative but sufficient to demonstrate the intent of this Court to
secure basic facilities for those housed in prisons and were noticed
in Orders/Judgment passed in this writ petition reported as (2016) 3
SCC 700,10 (2016) 10 SCC 17,11 (2017) 10 SCC 658,12 and (2018)
18 SCC 777.13 We expect all stakeholders to rise to the occasion and
discharge the obligation cast on them as expeditiously as is possible.
43. The matter be next listed on 11th July, 2024 at the top of the Board.

Result of the case: Directions issued.

†
Headnotes prepared by: Divya Pandey

7 (1997) 3 SCC 642
8 [1966] 1 SCR 702 : AIR 1966 SC 424
9 [1975] 2 SCR 24 : (1975) 3 SCC 185
10 Order dated 05.02.2016.
11 Order dated 03.10.2016.
12 Judgment dated 15.09.2017.
13 Order dated 25.09.2018.