Chairperson visits Tihar Central Jail

The NHRC Chairperson, Mr. Justice J.S. Verma visited the Tihar Central Jail, New Delhi on 29 August 2000. This was the first-ever visit by any chairperson of NHRC to this prison, which incidentally, is the largest in Asia. The Chairperson went around the jail premises and got a first hand account of the prevalent conditions and the state of the prisoners lodged there. During his three-hour visit, the Chairperson interacted with the prisoners and heard their complaints. He visited the NGO run drug de-addiction centre, the computer cell, the jail hospital and other areas. Mr. Sudarshan Agarwal, Member and Shri Chaman Lal, Special Rapporteur of the Commission accompanied him.

Based on the report of the visit, the Commission has forwarded the following recommendations/decisions to the jail authorities as well as the Government of NCT of Delhi.

Over-Crowding: It was mentioned in the report that undertrials constitute 84.4% of the total population of the Jail. Construction work of three additional prisons in Tihar complex and a District jail at Rohini was in progress. Delhi Administration has proposed to construct nine additional prisons and one Open Jail to find a permanent solution to the problem of overcrowding. The Commission has recommended to the Government of NCT that staff sanctioned for the new jails under construction be recruited and properly trained, well before these jails are commissioned so as to avoid any delay in shifting the inmates.

Organisational Problems: A cadre review of the staff of the Central Jail, Tihar may be undertaken by the Government of NCT to provide adequate promotional avenues to the permanent staff posted therein to prevent stagnation and to keep their morale high.

Vocational Training: The Commission has noted with satisfaction the scope and diversity of the vocational training being imparted to the inmates and the professional manner in which the jail industries are being run. However, it feels that the actual number of convicts (14%) associated with these activities is very low. It is hoped thatthe commitment made by the ADG (Prisons) that the number of persons engaged in these trades would be raised from 250 to 700 within the current year will be fulfilled. The Commission has also recommend the linking of the Jail Factory Wages to the Minimum Wage Rates in force in the NCT.

Payment of wages for all types of labour: It was observed that the convicts employed on prison duties such as gardening, cleaning of toilet and maintenance of campus and office work were not being paid any wages, although wages for physical work are admissible to cooking and factory jobs. The inmates assisting the jail administration in the other works should also be paid nominal wages as per the current rates.

Parole: The report mentioned that the powers of granting parole to the convicts in emergencies like death, serious illness in the family are highly centralised. The Commission has recommended that these powers may be delegated to the DIG/IG (Prison) and even the Superintendent of the Jail in cases of emergency, as is being practiced in most of the other jails.

Management of drug addicts: Under the NDPS Act, treatment is given only to those who are convicted whereas the number of undertrials outnumber the convicts. The facilities for treatment developed under the provisions of the Act should be extended for treatment to all accused persons. Suitable NGOs may be identified for adoption of affected prisoners while they are in jail itself so that their treatment can be continued even after they are released from jail and they can be suitably rehabilitated. The Government of NCT has been requested to draw a suitable programme in this regard.

Board of Visitors: The Board of Visitors constituted under Rule 12 of the Delhi Prison (Visitors) Rules, 1988 is an important institutional arrangement involving the civil society in keeping a watch on the jail administration. It comprises of both official and non-official members. No non-official visitor has been appointed after 30 September 1996, nor have the Board of Visitors visited the jail. The Commission has recommended immediate constitution of the Board of Visitors and enforcement of this statutory provision.

Undertrials: A number of undertrials are languishing in jails for unduly long period, although they have been granted bail as were unable to furnish the surety as prescribed by the court. It has been recommended by the Commission that all cases of undertrials should be examined individually by the jail administration in the light of the directions issued by the Supreme Court in the `Common cause’ case to identify those who are entitled to be released on personal bond and the concerned courts should be moved accordingly. The observations stated on the court lock ups may be forwarded to the Registrar of Delhi High Court with the request that they may be brought to the notice of the Chief Justice for appropriate action.

Women Prisoners: It was decided that the State Commission for Women may be requested to visit the jail and hear the grievances of women inmates individually and take appropriate action to redress their grievances.

Repair and Maintenance of Buildings: Regarding the suggestion for allotment of 10% of the total budget to the Prison Administration for undertaking minor repairs, it was decided that the Jail administration may directly take up the matter with the Government of NCT for their consideration.

Over Detention of Prisoners: The Commission felt distressed on learning about over-detention of prisoners because of allegedly deliberate discrepancies in the release warrants issued by the Courts. It was informed that the matter had been taken up formally by the Jail administration with the Session Judge. It hoped that the unscrupulous personnel of court’s jail administration involved in the mal-practices would be identified and dealt with suitably to put an end to this mal-practice. The Commission desired that the matter may be brought to the notice of the Registrar of the Delhi High Court with the request that it may be brought to the notice of the Chief Justice.