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TMI Blog2018 (10) TMI 75X X X X Extracts X X X X X X X X Extracts X X X X ..... ments and Union Territory Administrations leading to rampant illegalities5. The failure of the State to take remedial steps to fill in the gap when there is no operative law6, except that enshrined in the Constitution, more particularly Article 21 has resulted in public interest litigation and at least two cases where a treaty obligation ought to be fulfilled7. 3. In recent times, usually and regrettably, the State has chosen to challenge the idea of public interest litigation or denigrate it by chanting the mantra of 'judicial activism' or 'separation of powers'. In most cases, these mantras are nothing but a fig leaf to cover the failure of the State to recognise the existence of the rule of law and the need for providing social justice to the people of the country, as stated in the Preamble to our Constitution. There must be a realization that public interest litigation has given a voice to millions of marginalized sections of society, women and children. Public interest litigation is one of the more important contributions of India to jurisprudence. In fact, the Indian experience has encouraged some other countries to introduce public interest litigation in their jurisprudence ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... These questions are valid even today and continue to demand an answer. 8. In 1987, the Justice V. R. Krishna Iyer Committee on Women Prisoners, submitted its report, which dealt with issues concerning women prisoners as a marginalised group and gave several significant recommendations. The Law Commission of India also dealt with the rights of prisoners in its 78th Report particularly dealing with congestion of undertrial prisoners in jails. The Bureau of Police Research and Development (BPR&D) also gave a report in 2007 under the Chairmanship of its Director General. Amongst other things, a National Policy on Prison Reforms and Correctional Administration was also framed. 9. Apart from the above, there have been some private and individual efforts, including a Report on Prison Visiting System in India by the Commonwealth Human Rights Initiative in 2005. The responsibilities of Visitors appointed for prisons was the subject matter of a decision of a Division Bench of the Madhya Pradesh High Court in Ranchod v. State of M.P. and Anr.( MANU/MP/0313/1987) The Centre on the Death Penalty of the National Law University, Delhi, submitted a two-volume report in 2016 which dealt with, int ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for Prison Officers 2017' and 'Training Manual of Basic Course for Prison Warders 2017' and forwarded to States and UTs. 4. Review the recommendations made in the report of the Ministry of Women and Child Development in collaboration with the National Commission for Women and the National Law University Delhi on 'Women in Prisons'. 5. Review the recommendations made in the report of the National Commission for Women on 'Inspection of Prisons/Jails/ Custodial Homes housing Women'. 6. Review the implementation by States and UTs of the Guidelines contained in 'Living conditions in Institutions for Children in Conflict with Law' prepared by the Ministry of Women and Child Development (MWCD) and the Model Rules and Procedures prepared by the MWCD under the Juvenile Justice (Care & Protection of Children) Act, 2015 and Juvenile Justice (Care and Protection of Children) Model Rules, 2016. 7. Review the status of the implementation of the guidelines and advisories issued by MHA to the States and UTs. 8. The Committee may give its consolidated recommendations based on the above and suggest measures to improve the implementation of the aforementioned guidelines and advisories, subject ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs of Terms & Conditions Accepted A) Chairperson i) Residential Accommodation Payment of HRA @30% of pay, as a special case. ii) LTC As admissible to highest grade of Government official under LTC Rules in terms of OM dated 08.10.1987 (as revised). iii) Staff Car Staff car may be provided, if the same can be spared by MHA. If staff car cannot be provided, the Chairman may be provided with Chauffeur driven hired conveyance with limit of 600 litres of petrol per quarter. iv) Travelling Allowance Traveling allowance on appointment by air for self and dependent family members from home town to New Delhi for joining the Committee. One additional fare for the the Chairman, both onwards and return if the family members are left behind. v) Medical facility Through CGHS, unless already entitled to medical facilities. vi) Telephone One Residential Telephone/Mobile/Internet facility may be allowed to the Chairman with ceiling for reimbursement as applicable to the Secretary to GOI in terms of MOF's OM dated 14.11.2006 & subsequent OM dated 11.05.2012 (as revised), unless already possessing such facilities. vii) Newspaper & Magazines Supply of Newspaper/Magazines m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... if felt necessary. 6. The Government of India will make the services of an Additional Solicitor General of India, as and when required by the Committee for any assistance. 7. As and when a copy of the final report is submitted, the matter to be listed for further orders. 15. The writ petition may be revived and listed as and when required by the learned Amicus Curiae. We record our appreciation of the efforts put in by the learned Amicus who has devoted considerable time in assisting us and has made valuable suggestions from time to time, in a positive manner, and with a view to take forward the recognition and implementation of the human rights of prisoners. ---------- 1 Suo Motu Writ Petitions: In Re: Outrage As Parents End Life After Child's Dengue Death, (2016) 10 SCC 709, In Re: Death of 25 Chained Inmates in Asylum Fire in Tamil Nadu v. Union of India, (2002) 3 SCC 31, In Re: Indian Woman says gang-raped on orders of Village Court published in Business and Financial News, (2014) 2 SCC 786 2 Writ Petitions filed: MC Mehta v. Union of India [Oleum Gas Leak], (1986) 2 SCC 176, Pt. Parmanand Katara v. Union of India, (1989) 4 SCC 286, Bachpan Bachao Andolan v. Union of In ..... X X X X Extracts X X X X X X X X Extracts X X X X
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