KOCHI: The High Court on Thursday directed the state government to file an affidavit in response to a suo motu public interest litigation initiated by it with regard to the right of prisoners. The proceedings were started following the guidelines issued by the Supreme Court on prison reforms.The High Court in the proceedings will take an effort to identify the next of kin of the prisoners who have died an unnatural death as revealed by the National Crime Records Bureau (NCRB) between 2012 and 2015, and to award suitable compensation in case it has not been paid to them. The SC had issued the directive on the basis of a letter by former Chief Justice of India R C Lahoti. In his letter, he had stressed the need to eliminate custodial deaths and violence.
The state governments were also directed to appoint counsellors and support persons for counselling prisoners, particularly first-time offenders and those prisoners who might be facing some crisis or have violent or suicidal tendencies. In this regard, the services of recognised NGOs can be taken and encouraged, the bench said. The court had also directed the High Courts to monitor the study being conducted by the Kerala Legal Services Authority on the conditions of the prisoners in the state and facilities available to them and also the impact of the various schemes framed by the National Legal Services Authority for the prisoners.
The Apex Court had also directed the governments to encourage establishments of open jails or open prisons. The governments were also directed to formulate a procedure for tabulating the number of children who died an unnatural death in child care institutions. It also asked to ensure facilities for the family members of the prisoner to visit the prison and to extend the time or frequency of meetings and to explore the possibility of using phones and video conferencing for communication not only between a prisoner and family members, but also between a prisoner and the lawyer.
It also directs the state government to ensure availability of medical assistance to prisoners and take remedial steps wherever necessary. The guidelines also state the formulation of procedure for tabulating the number of children, if any, who suffer an unnatural death in child care institutions.
Court also considering several other aspects
Videographing of post-mortem in respect of deaths in jail where the preliminary inquest by the magistrate had raised suspicion of foul play
Provision of newspaper, periodicals or special institutional publications to prisoners
Safekeeping of tools and equipment that could be used to commit suicide
*Right of prisoners to free legal representation or legal aid
Concern of Apex Court to ultimately reduce, if not eliminate, the number of unnatural deaths in prison and improve the conditions of prisoners all over the country