The Delhi High Court has taken significant steps to address concerns over the living conditions in Tihar Jail, one of India's largest and most prominent correctional facilities. In response to a Public Interest Litigation (PIL) filed by the Delhi High Court Legal Services Committee (DHCLSC), a division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula has ordered the creation of a "fact-finding committee" to assess and report on the status of drinking water, sanitation, hygiene, and maintenance of washrooms/toilets within the jail complex.
The committee, composed of Advocates Dr. Amit George, Santosh Kumar Tripathi, Nandita Rao, and Tushar Sannu, has been authorized to independently evaluate the present conditions within Tihar Jail and provide a comprehensive report to the court. The bench emphasized the need for an impartial assessment due to the pressing nature of the issue. The court further directed the Director General of Tihar Jail to facilitate the committee's work by providing necessary resources and support for a thorough examination of the premises.
The PIL filed by the DHCLSC highlighted concerns about the availability of clean drinking water and hygienic-sanitary conditions within Tihar Jail. The court noted that a "concerning report" had been generated based on an inspection conducted by a panel counsel of the DHCLSC. The report pointed to deficiencies in providing inmates with drinking water, unsatisfactory sanitary conditions, and broken washrooms/toilets that compromised inmates' personal hygiene and privacy.
In response to the PIL, the Delhi High Court asserted that the rights of prisoners, including access to safe drinking water and functional toilets, remain inviolable under Article 21 of the Constitution of India. The court cited a 2000 judgment by the Supreme Court in 'State of Andhra Pradesh v. Challa Ramakrishna Reddy and Others,' which stated that the "Right to Life" stands paramount among human rights, regardless of an individual's incarcerated status.
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