ENSURING PRISONERS’ DIGNITY AND ACCESS TO JUSTICE

by | Nov 1, 2024

ASPECTS DETAILS
Case Title Suhas Chakma vs. Union of India & Ors.
Introduction This case highlights prisoners’ rights under Article 21 of the Indian Constitution, focusing on prison conditions and free legal aid.
Factual Background The petitioner filed a writ for preventing cruel treatment in jails, citing overcrowded and unsanitary conditions that affect prisoners’ dignity. He sought a permanent mechanism for jail decongestion and legal aid provisions.
Legal Issues
  1. Does overcrowding infringe on prisoners’ Article 21 rights?
  2. Is the state obligated to provide legal aid under Article 39A?
Applicable Law
  • Articles 21, 32, and 39A of the Indian Constitution;
  • Legal Services Authorities Act, 1987;
  • Bhartiya Nagarik Suraksha Sanhita, 2023;
  • Notable cases like Hussainara Khatoon v. State of Bihar, Khatri v. State of Bihar.
Analysis The court observed the fundamental right to dignity, emphasizing legal aid accessibility as an aspect of fair treatment. Citing past judgments, the court stressed the state’s duty to provide for undertrial and convicted prisoners’ rights.
Conclusion The court mandated state authorities to enforce legal aid measures and improve jail conditions. Directions included systematic reviews, improved prisoner communication, and infrastructure for legal support.
Current Scenario NALSA and state authorities actively ensure legal aid through prison clinics and counsel systems, expanding support structures to address procedural delays and improve legal access in prisons.

CASE SUMMARY In this case, the petitioner filed a writ under Article 32 seeking the Supreme Court’s intervention to ensure humane treatment of prisoners, particularly regarding prison overcrowding and unhygienic conditions. The court appointed amici curiae and involved NALSA to aid prisoners, emphasizing rights to dignity and free legal assistance. This decision reinforces Article 39A, calling for systemic support, including legal aid clinics and periodic prison visits by legal aid lawyers. The ruling also sets directives for state authorities to implement preventive mechanisms and provide extensive support to underserved prisoners.

“Legal aid to the poor should not be poor legal aid.”SUPREME COURT OF INDIA

 

SOURCE – SUPREME COURT OF INDIA

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Written By Nancy Sharma

I am Nancy Mahavir Sharma, a passionate legal writer and , a judicial service aspirant who is interested in legal researching and writing. I have completed Latin Legum Magister degree. I have been writing from past few years and I am excited to share my legal thoughts and opinions here. I believe that everyone has the potential to make a difference.

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