Visitors are indispensable for enforcement of fundamental rights of prisoners: Madras High Court issues directions on prison reform

The Madras High Court recently issued a slew of directions to the Tamil Nadu government on prison reforms, reminding it that the very objective of the prison system was reformation of inmates [People's Watch v. The Home Secretary]..In a judgment passed on January 2, a bench of Justices R Mahadevan and J Sathya Narayana Prasad directed State government authorities to constitute a committee to ensure periodic appointment of non-official visitors to the Board of Visitors to Jails in accordance with the 2016 Model Prison Manual."...prison administration and its reforms must be carried out by keeping the objective of the prison system in the first place i.e., reformation of inmates, their rehabilitation and successful reintegration into the society at the end of their incarceration. The prison environment and culture among the inmates instilled by such an environment are significant factors in determining the success of incarceration. Any reform in prison management in order to achieve the said purpose must start with the department of prisons and correctional services," the Court highlighted..The Bench also directed the State to amend the Prisons Act of 1894, and the TN Prison Rules, 1983 in accordance with the 2016 Model Prison Manual and the United Nations Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules).The State was also called upon to take immediate measures to implement correctional measures including: Training prison staff to ensure they understand the concept of reformation;Reducing overcrowding;Installing CCTV cameras within prison premises;Preparing a Prisoners' Rights Handbook with information on prisoners rights, expected behaviour from prisoners and disciplinary action for violations;Making all facilities like medical equipment, drinking water, hygienic food available to prisoners, at all times;Providing an effective grievance redressal system with the provisions of complaint box..The Court was hearing a public interest litigation (PIL) petition filed by a Madurai-based NGO seeking that the State be directed to appoint a trained and skilled non-official visitors to the Board of Visitors to Jails as per Rule 507 of the Tamil Nadu Prison Rules, 1983. This Board is empowered to visit each of the central jails and sub-jails to address the grievances of prisoners and to help the prison administration on the development of correctional administration.The petitioners had argued that while the 1983 Rules made constitution of such Board mandatory, the State authorities were yet to do so. It also cited statistics to show instances of violence and breach of human rights of inmates in prisons across the State.The NGO stated that over the years, prisons have become places of low visibility, where inhuman and cruel conditions of prisoners continue to prevail. It added that the Prisons Act, 1894 provides a mechanism by which people from the outside are appointed by governments to enter prisons and assess the human rights situation prevailing there."Inspection of jail by the visitors and their remarks in the visitor’s minutes books are aimed at improving the condition, toning up the efficiency and management of jails," the plea stated..The State government had earlier filed a counter affidavit through the Additional Director General of Prisons countering the claims made by the petitioner. It argued that the Board was just one of the several mechanisms provided to check for violations of basic human rights of prisoners. It further said that prisons across the State had CCTV cameras and other checks against such violations. The authorities claimed that non-official visitors are periodically appointed by following procedures under the Act and the Rules..The Court, however, found that as per information provided in the annexure to the counter affidavit, the tenure of several non-official visitors had expired and it was not known whether fresh appointments have been made.It agreed with the petitioner that a Board including trained non-official visitors was integral to improving prison conditions. "...we are of the opinion that the visitors who interact with prisoners and observe their conditions in close proximity, are indispensable for the enforcement of fundamental rights of prisoners and therefore, non-official visitors will have to be appointed with immediate effect," the judgment stated..It went on to say that improving the culture among inmates and the environment in prisons through administrative reforms will certainly bring positive changes in the behaviour of and will result in an effective incarceration system with "due regard for prisoner's rights." It also quoted the late Nelson Mandela to say,"No one truly knows a nation until one has been inside its jails. A nation should not be judged by how it treats its highest citizens, but its lowest ones.".The petitioner NGO was represented by its Executive Director, Advocate Henry Tiphagne. Special Government Pleader SP Maharajan and Additional Public Prosecutor T Senthil Kumar appeared for the State government..[Read Judgment]