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Synopsis

The Delhi High Court has constituted a four-member independent fact-finding committee to inspect the condition of drinking water, sanitation, overall hygiene, and the maintenance of washrooms/toilets within the Tihar jail complex.

Recognizing the pressing nature of this issue, the bench said that it was necessary to authorize an independent committee for a meticulous inspection of Tihar Jail.

The division bench of CJ Satish Chandra Sharma and Justice Sanjeev Narula said, “We establish a Fact-Finding Committee consisting of Dr. Amit George, Mr. Santosh Kumar Tripathi, Ms. Nandita Rao, and Mr. Tushar Sannu. Their mandate is to impartially evaluate the present conditions and update us on the status of drinking water, sanitation, overall hygiene, and the maintenance of washrooms/toilets within the complex”.

“The Director General (Prison) of Tihar Jail is directed to facilitate the Committee's work, providing all requisite resources and support to enable a thorough examination of the jail premises”, the court stated in its order dated August 23.

The court further sought a detailed status report from both the committee and the Delhi government before the next date of hearing i.e. October 18, 2023.

The court was hearing a Public Interest Litigation (PIL) filed by the Delhi High Court Legal Services Committee (DHCLSC), wherein it addressed the pressing issue of supply of clean drinking water and maintaining hygienic-sanitary conditions within the Tihar Jail Complex.

The DHCLSC apprised the court to a concerning report, stemming from an inspection conducted by a Panel counsel. The investigation underscored a worrying deficiency in providing inmates with drinking water in the jail complex.

“Additionally, the sanitary conditions are described as less than satisfactory. The state of washrooms/toilets is particularly concerning – many are in disrepair, and even the basic privacy of inmates is compromised due to broken doors, hampering their ability to maintain personal hygiene in private”, the report stated.

On April 17, 2023, a representative for the Government of NCT of Delhi updated the Court that initiatives to enhance basic amenities in Tihar Jail were underway.

However, the DHCLSC said that they have been inundated with complaints from Tihar jail inmates, who claim an alarming scarcity of basic necessities. The court was told that there had been no discernible improvement in the living conditions within Tihar jail.

On examining the report and accompanying pictures, the court said that it clearly revealed that inmates were bereft of essential amenities, including safe drinking water and functional toilets.

“Rule No. 425 of the Delhi Prison Rules, 2018, mandates that every inmate should have uninterrupted access to fresh drinking water at all times. These rules emphasize the importance of not only providing inmates with clean water but also ensuring a well-maintained sanitation system and washroom facilities”, it observed.

The court added, “The Supreme Court, in the case of State of Andhra Pradesh v. Challa Ramkrishna Reddy and Others [(2000) 5 SCC 712], has poignantly remarked that the Right to Life stands paramount among human rights. As enshrined in Article 21 of the Constitution of India, this right remains inviolable, irrespective of an individual's incarcerated status. A prisoner's basic constitutional rights persist, even behind bars. Therefore, any measures restricting an individual's freedom must not infringe upon their inherent dignity and rights”.

Case Title: Delhi High Court Legal Services Committee v. Government of NCT of Delhi