NHRC notices to the Delhi Chief Secretary and the Director General of Prisons over the reported sexual assault of a prisoner by the fellow inmates in the Tihar Jail; also decides for an on the spot enquiry by its team

New Delhi, 2nd January, 2023

The National Human Rights Commission, NHRC, India has taken suo motu cognizance of media reports, carried on 30th December, 2022, that a 22 year old prisoner was allegedly sexually assaulted by the fellow inmates in the Tihar Jail of Delhi. Reportedly, the prisoner is under medical treatment.

The Commission has observed that the contents of the media reports, if true, amount to violation of rights related to life and dignity of the victim prisoner. Accordingly, besides deciding to send its own team for an on the spot enquiry in the matter, it has issued notices to the Chief Secretary, Government of NCT of Delhi and the Director General of Prisons, Government of NCT of Delhi calling for a detailed report within 4 weeks.

The reports should include the present health status of the victim prisoner, action taken against the erring officers and the accused fellow inmates as well as the steps taken and proposed to be taken to ensure that such incidents do not recur in the future.

The Commission has further observed that it has issued several guidelines, advisories and recommendations in the past to improve many aspects of prison administration but it appears that there is no perceptible change in the living conditions of the inmates in the Tihar jail since intermittently, incidents of various types of their human rights violations including harassment, torture and sexual abuse are being reported and complained about. The State, being the custodian of the inmates in the jails, is responsible for their safety and security as they are also entitled to human rights including right to dignity guaranteed under the Constitution.

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