Supreme Court pulls up states for failing to address prison overcrowding

The Supreme Court recently took exception to the lackadaisical attitude of State governments and Union Territories in complying with directions to address overcrowding in jails [In Re: Inhuman Conditions in 1382 Prisons]..A Bench of Justices Hima Kohli and Ahsanuddin Amanullah lamented the lack of urgency shown by States. "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," it observed.The Court, therefore, urged all stakeholders to rise to the occasion in discharging their duties expeditiously since the issue was one involving right to liberty under Article 21 of the Constitution."We may reiterate that prisoners are covered under Article 21 of the Constitution of India," the Bench added..The Court was hearing a suo motu plea from 2013 regarding overcrowding and inhumane conditions in Indian prisons and jail complexes.In its order on May 14, the Court slammed the States of Bihar, Jharkhand and Kerala."The [Amicus'] Note indicates a measure of slackness pertaining to approvals being granted for works to commence ... 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", it said.For Jharkhand, it observed that the State 'does not appear serious in taking immediate remedial measures'.As regards Kerala, the Court observed that 'nothing concrete is forthcoming' as to follow-up actions on lapses which were detected.It asked the three States as well as others to comply with pending directions and measures on a priority basis..The case will be taken up next on July 11.Senior Advocate Gaurav Agrawal is the Amicus Curiae in the matter..[Read order]