New Delhi (Agency): In a significant move, the Delhi High Court has stated that a prisoner’s basic constitutional rights continue to be valid even when they are behind bars. The court has formed a four-member committee to carefully inspect the living conditions in Tihar Jail. This includes evaluating the status of drinking water, sanitation, overall hygiene, and the state of washrooms in the prison complex.
This decision came while the court was examining a Public Interest Litigation (PIL) filed by the Delhi High Court Legal Services Committee (DHCLSC). The PIL focused on the urgent need for clean drinking water and hygienic conditions in Tihar Jail, which is the largest prison complex in South Asia. The petitioner pointed out that there was a “worrying deficiency” in the supply of drinking water for inmates. It also highlighted that many washrooms and toilets are in poor condition, affecting the inmates’ ability to maintain personal hygiene.
In an order passed on August 23, the bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula said, “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 court also noted that a representative from the Delhi government had previously stated that efforts to improve basic facilities in Tihar Jail were ongoing. However, the petitioner’s lawyer provided evidence, including photographs, showing that there has been no noticeable improvement in living conditions.
Referring to Rule No. 425 of the Delhi Prison Rules, 2018, the bench emphasized that every inmate should have uninterrupted access to fresh drinking water. It cited a Supreme Court judgment stating that the right to life is the most important of human rights. “As enshrined in Article 21 of the Constitution of India, this right (to life) remains inviolable, irrespective of an individual’s incarcerated status,” the high court added.
Furthermore, the high court instructed the Director General (Prisons) of Tihar Jail to assist the committee’s work by offering all required resources and support. The committee and the Delhi government have been directed to file a detailed status report before October 18, the next hearing date.
