Prisoners not getting costly food doesn't violate fundamental rights: Supreme Court
The top court called prisons correctional institutions and not extensions of civil society's comforts.The non-supply of non-essential or indulgent items does not amount to a constitutional or human rights violation unless it results in demonstrable harm to health or dignity, it added."Prisons are often regarded as the 'tail-end' of the criminal justice system – historically designed for rigid discipline, harsh conditions, and minimal liberties. While modern pioneological principles advocate rehabilitation over retribution, the current prison infrastructure and operational systems in India remain grossly inadequate – especially when it comes to meeting the needs of prisoners with disabilities," the verdict said.The apex court's observations came on an appeal filed by advocate L Muruganantham, suffering from Becker muscular dystrophy, against an order of the Madras High Court which ordered him Rupees 5 lakh compensation.The imprisonment was the result of a land dispute his family was embroiled in with another person.He claimed to have not received medical and adequate protein-rich food, such as eggs, chicken and nuts, on a daily basis during incarceration.The apex court said in the present case, though the deficiencies in prison facilities may not be directly attributable to the respondent authorities, they highlight the urgent need for prison reforms, particularly the implementation of disability-sensitive infrastructure and protocols.The court was conscious of the systemic neglect in prison infrastructure, especially in relation to the needs of prisoners with disabilities."Persons with disabilities must be provided healthcare equivalent to that available in the general community. This includes access to physiotherapy, speech therapy, psychiatric care, and assistive devices, such as wheelchairs, hearing aids, or crutches. Prison authorities are under a duty to coordinate with public healthcare systems to ensure uninterrupted care. Logistical or financial limitations cannot be cited to justify a withdrawal of this obligation," it said.The top court found most state prison manuals to be "outdated" besides being "uninformed" by developments in disability law and rights-based discourse.advertisement"They frequently conflate sensory or physical disabilities with mental illness or cognitive decline, thereby eroding the distinct legal right to reasonable accommodation. This conflation promotes harmful stereotypes and obstructs disabled inmates from claiming their lawful entitlements," it said.The apex court said the state had a constitutional and moral obligation to uphold the rights of prisoners with disabilities and this includes not only ensuring non-discriminatory treatment but also enabling their effective rehabilitation and reintegration into society.- EndsTune InMust Watch
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New Delhi, The Supreme Court has been informed that the Sharda University in Greater Noida, where a girl student allegedly committed suicide, did not register the FIR in the incident but her parents did and that security guards brought down her body hanging from the ceiling fan of her hostel. Sharda University didn't file FIR on student's suicide, SC informed The information was given in a status report filed by senior advocate Aparna Bhatt, who has been appointed amicus curiae in the matter by the apex court to assist it. A bench headed by Justice J B Pardiwala is likely to hear the case on Monday. In her 30-page report, Bhatt said that in the incident related to Sharda University, the FIR was registered by the parents and not by the university, and two persons named in the suicide note have been arrested. The report also said that postmortem revealed death by asphyxiation, and the investigation is ongoing and would be completed soon. In the detailed report, the amicus curiae gave a sequence of events and different versions of information available of the incident and pointed out that the immediate cause of concern was a complaint by faculty member Dr Mahinder Singh Chauhan that the deceased had forged the signatures of her teachers in the manual that documents the practical work and is monitored by the teachers with regard to progress made. "Upon further questioning, the university officials admitted that the warden did not call anyone – neither university authorities, nor the police or the hospital for an ambulance. The body was brought down by the security guards and carried out on a bedsheet by four hostel staff members. The warden eventually called the parents to tell them their daughter was in a serious condition in the emergency room ; it is assumed that other students had already informed the parents. "No call to the PCR was body was taken to a government hospital in Noida for PMR and later taken by the family for last rites. The family has not been in touch with the university or the police since then," the report said. The status report also gave the police version in which they claimed that a series of protocols to be followed in such cases were violated by the university staff. "The body has to be moved by the police, but the university staff took it upon themselves to do that. The scene was thus compromised because the warden entered and multiple people left fingerprints in the room. Secondly, the university hospital issued the medico-legal certificate to the police, which is also against protocol. However, the officers clarified, the MLC only mentioned that she had no pulse and so on, but no internal examination of the body was conducted by the university hospital," the report said. Similarly, Bhatt also gave the status of investigation in IIT-Kharagpur case where a fourth year mechanical engineering student allegedly committed suicide. The report said the FIR was registered by the university in which no one named as accused, postmortem contents are not known and investigation status is also not known as the police did not respond. The report said according to the information shared by the registrar, the deceased student had a good CGP and there was a slight dip in his grade in the last semester of third year but the same was not significant. Bhatt said despite repeated attempts, the police officer could not be contacted and hence the status of the investigation cannot be reported. "The Amicus is informed by the Registrar of IIT Kharagpur that a post mortem was conducted but they are not aware of the findings," the report said. On July 21, the top court took suo motu cognisance of the students' deaths in both these institutes and asked the amicus curiae to submit a status report with regard to the incidents. It had noted that a fourth year mechanical engineering student of the IIT, Kharagpur allegedly committed suicide three days after he returned to the institute after two-month summer break and was pursuing a five-year dual degree programme. The bench had also noted that it is the fourth unnatural death at the institute in the past seven months. Similarly, the top court had noted that in Sharda University a 21-year-old bachelor of dental surgery second-year student allegedly committed suicide leaving behind a suicide note. The bench said, "We would like to know how promptly the FIRs were registered in both the cases. We would also like to know who registered the FIRs. We would also like to know how promptly the management of the IIT, Kharagpur and Sharda University acted no sooner they learnt about the suicides. We would also like to know what has the preliminary investigation undertaken so far revealed in both the cases." The top court has taken serious note of students' suicide in institutions of higher learning, and in March set up a national task force to address the mental health concerns of students and prevent such incidents. On July 14, it had asked for a status report from the police in three states on the investigation over the suicides by students of IIT-Delhi, IIT-Kharagpur and a NEET aspirant in Kota, Rajasthan. The top court in its March 24 verdict appointed former apex court judge Justice S Ravindra Bhat as the chairperson of the NTF and said secretaries of a state's higher education department, social justice and empowerment and legal affairs apart from the ministry of women and child development would be its ex-officio members. This article was generated from an automated news agency feed without modifications to text.
