Chairperson addresses letters to Chief Justices and Chief Ministers of States
The Chairperson of the Commission, Mr. Justice J.S. Verma, addressed separate letters to the Chief Justices and Chief Ministers of all States on 1 January 2000 emphasising the need to make "every effort to improve our human rights record". He said that the acknowledged index of civilisation for each country was its track record of respect for human rights in the country.
In his letter to the Chief Justices, he has asked them to give appropriate instructions to District & Sessions Judges to take necessary steps to resolve the acute problems of over-crowding in prisons and the long pendency of cases. Justice Verma said that, during the last 6 years, the Members of the Commission and its senior officers have visited prisons in various parts of the country and have been appalled by the spectacle of overcrowding, insanitary conditions and mismanagement. The problem is further compounded by lack of sensitivity on the part of the prison staff to the basic human rights of the prisoners. During these visits, the Commission has also been informed that Sessions Judges are not regular in visiting prisons and that the District Committees headed by the Sessions Judge/District Magistrate and including the Senior Superintendent of Police, are not meeting at regular intervals to review the conditions of the prisoners. Indeed, in most of the jails there is a predominance of undertrials. Many of them, who have committed petty offences, are languishing in jails because their cases are not being decided early "for reasons, which are not necessary to reiterate."
"The State Prison Manuals contain provisions for District and Sessions Judges to function as ex-officio visitors to jails within their jurisdiction so as to ensure that prison inmates are not denied certain basic minimum standards of health, hygiene and institutional treatment. The prisoners are in judicial custody and hence it is incumbent upon the Sessions Judges to monitor their living conditions and ensure that humane conditions prevail within the prison walls also. Justice Krishna Iyer has aptly remarked that the prison gates are not an iron curtain between the prisoner and human rights. In addition, the Supreme Court specifically directed that the District and Sessions Judges must visit prisons for this purpose and consider this part of duty and an essential function attached to their office. They should make expeditious inquiries into the grievances of the prisoners and take suitable corrective measures."
The Chairperson has thus recommended that District Judges should look into these matters and ensure proper prison administration and speedy trials. He has observed that these issues have an impact on human rights guaranteed by the Constitution.
In his letter to Chief Ministers, the Chairperson noted that inspite of the Human Rights Cells set up in the various police headquarters on the recommendations of the Commission, there had not been any significant decline in genuine complaints of human rights violations committed by the police. There could be no serious dispute about the need to improve the mind-set of the personnel wielding power and authority.
The Human Rights Cells were set up in the State Police Headquarters in March 1999 with the main objective of providing an in-house machinery in the police organisation itself to supervise the conduct of its police personnel and prevent any violation of human rights of the people by the police force, which is meant to be people-friendly.
The Chairperson also stated that the `Guidelines on Police Arrests’, framed and released by the Commission on 10 December 1999, require strict observance. "This step will prevent human rights violations in a large area, which is a daily police function."
The Chairperson has also written to the Chairpersons of all the 9 existing State Human Rights Commissions to rededicate themselves to the upliftment of the common man and for developing a human rights culture in every sphere of life and in the instruments of governance.
In his letter to the Chief Justices, he has asked them to give appropriate instructions to District & Sessions Judges to take necessary steps to resolve the acute problems of over-crowding in prisons and the long pendency of cases. Justice Verma said that, during the last 6 years, the Members of the Commission and its senior officers have visited prisons in various parts of the country and have been appalled by the spectacle of overcrowding, insanitary conditions and mismanagement. The problem is further compounded by lack of sensitivity on the part of the prison staff to the basic human rights of the prisoners. During these visits, the Commission has also been informed that Sessions Judges are not regular in visiting prisons and that the District Committees headed by the Sessions Judge/District Magistrate and including the Senior Superintendent of Police, are not meeting at regular intervals to review the conditions of the prisoners. Indeed, in most of the jails there is a predominance of undertrials. Many of them, who have committed petty offences, are languishing in jails because their cases are not being decided early "for reasons, which are not necessary to reiterate."
"The State Prison Manuals contain provisions for District and Sessions Judges to function as ex-officio visitors to jails within their jurisdiction so as to ensure that prison inmates are not denied certain basic minimum standards of health, hygiene and institutional treatment. The prisoners are in judicial custody and hence it is incumbent upon the Sessions Judges to monitor their living conditions and ensure that humane conditions prevail within the prison walls also. Justice Krishna Iyer has aptly remarked that the prison gates are not an iron curtain between the prisoner and human rights. In addition, the Supreme Court specifically directed that the District and Sessions Judges must visit prisons for this purpose and consider this part of duty and an essential function attached to their office. They should make expeditious inquiries into the grievances of the prisoners and take suitable corrective measures."
The Chairperson has thus recommended that District Judges should look into these matters and ensure proper prison administration and speedy trials. He has observed that these issues have an impact on human rights guaranteed by the Constitution.
In his letter to Chief Ministers, the Chairperson noted that inspite of the Human Rights Cells set up in the various police headquarters on the recommendations of the Commission, there had not been any significant decline in genuine complaints of human rights violations committed by the police. There could be no serious dispute about the need to improve the mind-set of the personnel wielding power and authority.
The Human Rights Cells were set up in the State Police Headquarters in March 1999 with the main objective of providing an in-house machinery in the police organisation itself to supervise the conduct of its police personnel and prevent any violation of human rights of the people by the police force, which is meant to be people-friendly.
The Chairperson also stated that the `Guidelines on Police Arrests’, framed and released by the Commission on 10 December 1999, require strict observance. "This step will prevent human rights violations in a large area, which is a daily police function."
The Chairperson has also written to the Chairpersons of all the 9 existing State Human Rights Commissions to rededicate themselves to the upliftment of the common man and for developing a human rights culture in every sphere of life and in the instruments of governance.