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Synopsis

Justice SM Subramaniam of the Madras High Court recently conducted a surprise inspection of Central Prison, Puzhal. Following the inspection, a review meeting was convened in which several issues were raised and resolutions were passed regarding prison reforms. 

Through a resolution, a request has been made to the State government of Tamil Nadu to consider implementation of the scheme for extending 'conjugal rights' to the prisoners, which is effectively in force in the States of Punjab and Haryana.

The issue of lack of visiting space and toilets was also discussed. A resolution was passed that at the Puzhal jail, an additional hall is to be provided or the existing hall is to be expanded to keep a conducive atmosphere for the visitors and lawyers to meet prisoners.

Since during the inspection, the judge had found no toilet facilities for women visitors and women lawyers nearby the visitors' hall and unclean men's toilets, therefore, a resolution was passed that an adequate number of toilets are to be provided for women visitors and women lawyers and all the existing toilets are to be properly cleaned and maintained by the prison authorities.

The prison authorities have also been asked to fix mosquito nets in windows and doors of kitchen halls in all the prisons.

It was also decided that the existing quality of preparation of food in prisons is to be improvised. "Health being a fundamental right of a citizen, is available to the prisoners also," the meeting minute stated. 

Children residing along with their mothers inside the prison have also been asked to be provided with play schools, toys, entertainment areas, etc., in order to protect their mental health and well-being.

Apart from that, the Secretary to Government, Department of Health and Family Welfare (Tamil Nadu) and the Director of Medical and Rural Health Services, Government of Tamil Nadu have also been directed to ensure supply of medicines to the prisoners without any delay or interruptions.

In the meeting, it was also held that usage of excess force inside the prison is impermissible under the law therefore it is to be avoided. 

"Necessary actions in consonance with the Prison Manual alone is to permitted and indiscriminate beating up, imposing excess punishments or harassing the prisoners are offences under law. The Prison Authorities are parens patriae of the prisoners, who are in their custody for 24x7. Thus, a parental approach is required, while treating and punishing them," the meeting minutes read. 

During the inspection, the judge had also found that there were 38 prisoners languishing in prison for whom bail had been granted. 

"As per the judgment of the Apex Court of India, those persons are to be released on furnishing own bond. Necessary steps are to be taken immediately to file modification petitions before the Court concerned for securing necessary orders. Such an action is to be taken through the Legal Services Authority in co-ordination with the Prison Authorities," as per the resolution passed in the meeting. 

Moreover, it was placed on record that the prison authorities / the Director General of Prisons and Correctional Services had agreed to provide one nodal officer for each Central Prison in the State of Tamil Nadu for effective coordination with the Legal Services Authority and other concerned departments officials etc., for the purpose of redressing the grievances of the prisoners and to ensure that their rights to defend their cases before the court of law are protected.

More importantly, since the high court video conferencing rules are in force, the Registrar General, High Court of Madras has also been requested to instruct the judges of the District Judiciary to utilise the video conferencing facilities effectively in respect of prisoners lodged in prisons.