The Bombay high court on Wednesday took suo motu cognisance of the issue of the rights of undertrial prisoners, especially women, their children and those who are mentally disabled. A division bench of Justices PV Hardas and Shalini Phansalkar-Joshi appointed counsel Ashok Mundargi as amicus curie (friend of court), to monitor the condition of these undertrials.
The Bombay high court on Wednesday took suo motu cognisance of the issue of the rights of undertrial prisoners, especially women, their children and those who are mentally disabled. A division bench of Justices PV Hardas and Shalini Phansalkar-Joshi appointed counsel Ashok Mundargi as amicus curie (friend of court), to monitor the condition of these undertrials.
The judges took cognisance of the issue after a Supreme Court order in December last year, which directed all high courts in 24 states in the country to examine the 'rights of prisoners especially females and children with them.' An individual called RD Upadhyay had filed a Special Leave Petition in the SC to highlight the plight of under trial prisoners languishing in jails without trial for long periods.
The SC order, passed by a full bench of three judges, stated, "While examining the issue touching the rights of under trial prisoners especially females and the children with them, the high courts may also examine the question relating to rights of mentally challenged undertrials and convicts, and issue appropriate directions."
"The high court may, while examining the rights of unfortunate members of society who suffer from any mental disability, also examine whether any directions are required to be issued in relation to people who suffer from such illness but are not involved in any crime and yet suffer harassment, neglect or deprivation at the hands of their family, or are seen roaming about in public places without anyone taking responsibility for their care, protection or maintenance," said the bench of Justices TS Thakur, Adarsh Kumar Goel and R Bhanumathi.
Taking a sympathetic view of the children who had to stay behind bars with their mothers facing trial, the SC had said that special care needs to be taken of such children.
The SC had said that continuous monitoring was required to ensure effective implementation of its directions, which is to 'ensure that under trial prisoners languishing in jails do not suffer in sub-human conditions and are provide basic amenities, especially children of such prisoners, who because of their tender age, are at times forced to stay with their respective mothers till the trial concludes or the sentence is complete."
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