Do Prisoners Retain Their Right to Human Dignity?

Activist Umar Khalid Chronicles Harsh Conditions at Tihar Jail Amid Heat Wave

Newsreel Asia Insight #261
June 24, 2024

Political activist Umar Khalid, incarcerated in Delhi’s Tihar Jail under the Unlawful Activities (Prevention) Act (UAPA) since 2020 due to allegations of involvement in the Delhi riots, offers a harrowing description of the living conditions during North India’s intense heat wave. Khalid’s account sheds light on the widespread suffering of numerous prisoners, particularly undertrials such as himself, who are legally presumed innocent until proven guilty.

In a report by Article14, Khalid describes the relentless heat worsened by the jail’s architecture, with cells that are open at the front, allowing waves of scorching wind to penetrate continuously. Attempts by prisoners to mitigate the heat by hanging sheets over the bars remain insufficient.

India has been experiencing an intense and prolonged heat wave since the beginning of May 2024. In Delhi, temperatures soared to almost 53 °C (127 °F), marking it as the hottest summer the country has faced in 120 years.

“You expect the heat in daytime, but at night, when the weather doesn’t change even after sundown, it almost feels like a betrayal,” Khalid is quoted as saying to his friend during visiting hours. Moreover, he points out the inefficacy of ceiling fans that, due to their height, fail to provide any relief from the heat, contributing to a rise in heat-related illnesses and even a death among the inmates.

The dire situation in Tihar Jail—and potentially worse conditions in other prisons—stands in contrast to the rights afforded to prisoners under the Indian Constitution and prevailing jurisprudence.

Article 21 of the Constitution, which guarantees the right to life and personal liberty, asserts that every person, including inmates, is entitled to a life of dignity. This right is interpreted to include humane treatment, including proper living conditions, medical care and safety from severe weather effects, which are allegedly compromised in the current circumstances.

The philosophical foundation of the Indian penal system is rooted in reformation and rehabilitation, rather than mere retribution. The objective is to transform offenders into law-abiding citizens through corrective experiences and opportunities for personal development within the prison environment. The Model Prison Manual 2016 is based on these principles.

The Manual has been criticised for not sufficiently addressing the broader needs for reformation and rehabilitation; however, it does establish several key measures.

For example, it states: “India shares a universally held view that sentence of imprisonment would be justifiable only if it ultimately leads to the protection of society against crime. Such a goal could be achieved only if incarceration motivates and prepares the offender for a law-abiding and self-supporting life after his release. It further accepts that, as imprisonment deprives the offender of his liberty and self-determination, the prison system should not be allowed to aggravate the suffering already inherent in the process of incarceration.”

However, the reality, as described by Khalid, shows a critical disconnect between these constitutional and legal provisions and their implementation.

This disparity is particularly distressing given that more than 75% of prisoners in India are under trials, as per Prison Statistics India 2022 and as reported by LiveLaw.

Further, according to the data, the occupancy rate in Indian prisons was 131.4%. Further, there were 1,537 women prisoners with 1,764 children as on Dec. 31, 2022. Furthermore, in 2022, there were 159 unnatural deaths among inmates, with suicides accounting for 119 of these cases. In addition, four inmates were murdered by their peers, 10 died in accidents, and one was killed due to assault by external elements. Meanwhile, the causes of 63 other inmate deaths remained undetermined.

The overcrowded conditions contribute to a range of further complications, including corruption, insufficient staffing, inadequate training and a lack of necessary health care and legal aid. These factors not only undermine the reformation objectives but also contravene the basic rights guaranteed by the Constitution.

The situation calls for urgent reforms, as suggested by multiple committees over the years, including the Justice Amitava Roy Committee and the Law Commission of India. These reforms aim at enhancing prison conditions, expediting trials and ensuring a fair legal process for all detainees.