The letter also stated that 32 children of the undertrial prisoners are also forced to stay in the prison along with their mothers
The Delhi High court has directed the DG (Prisons), city government and the police to implement a system which would let one know about the records of the undertrials lodged in the jail.
"We direct the District Judge (Headquarters), DG (Prisons) and Delhi police to make suggestions and implement a system where there is immediate transmission of information," the court said.
The court's direction comes while hearing a PIL which was initiated pursuant by a letter written by a Supreme Court Judge Justice Kurian Joseph. Dated June 18, 2015, the letter enclosed therewith a Memorandum received from the women prisoners lodged in Central Jail No.6, Tihar, New Delhi stating that out of the 614 women prisoners detained, 412 are undertrial prisoners and many of them are languishing in jail without trial for a long period.
The letter also stated that 32 children of the undertrial prisoners are also forced to stay in the prison along with their mothers. The Memorandum, which was enclosed with the letter, highlights the lack of basic amenities in the prison, the gender discrimination to which the women prisoners are subjected to, and particularly, the grievances of some undertrial prisoners who remained in jail for more than six months even in respect of simple offences.
A bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar gave a detailed order after a report was submitted by a committee constituted in Delhi to look into the matter.
"In order to enable effective communication and ensure that the spirit of section 436 (A) of CrPc, immediate steps to connect the prison management system with the court should be taken," the court said.The court had constituted a committee comprising of Professor Mrinal Sathish and Prof Amrita Chandra to look into the working of section 436 (A) of the CrPC . The committee examined the suggestions and gave a consolidated report on December 11. The report suggested guidelines for preparation and updation of the record of the undertrial prisoners. The court said that such directions when implemented "will go a long way to ensure the rights of the prionsers".
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