The Bombay high court has issued notice to the Maharashtra government while hearing a suo motu petition which highlights the issue of the rights of under-trial prisoners, especially women, their children, and those who are mentally disabled.
The Bombay high court has issued notice to the Maharashtra government while hearing a suo motu petition which highlights the issue of the rights of under-trial prisoners, especially women, their children, and those who are mentally disabled.
A division bench of justices PV Hardas and Shalini Phansalkar-Joshi issued the notice last week seeking government's stand within four weeks. The bench had earlier appointed counsel Ashok Mundargi as amicus curiae (friend of court), to monitor the condition of these under-trials.
The judges took cognizance of the issue after a Supreme Court order in December last year directing all high courts in 24 states to examine the 'rights of prisoners especially females and children with them'. A certain RD Upadhyay had filed a Special Leave Petition in the apex court to highlight the plight of people 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 needed 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 provided 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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