Undertrials must be released on bail after charge sheet: NHRC chief

November 14, 2014 09:26 am | Updated 09:26 am IST - NEW DELHI:

National Human Rights Commission chairperson Justice K.G. Balakrishnan on Thursday said that undertrial prisoners should be released on bail after the charge sheet against them is filed in the courts. This would significantly reduce overcrowding in jail, which had emerged as a serious problem, he said.

Overcrowding of prisons could lead to violation of various basic human rights of inmates, said Justice Balakrishnan, adding that jails were “for convicts and not for undertrials”. The former Chief Justice of India made the remarks while inaugurating a two-day national seminar on prison reforms organised by the NHRC here.

Justice Balakrishnan said both prison reforms and improvement in the criminal justice system were serious points of concern for the NHRC. While the State Governments should spend more to improve the conditions of prisons, the High Courts could also give directions on prisoners’ complaints in matters such as lack of infrastructure facilities, food, hygiene and health.

NHRC member Justice Cyriac Joseph in his introductory remarks said the Supreme Court had identified nine problem areas which were required to be addressed for reforming prisons. Even after 18 years, these issues had not been addressed, he said.

The issues relating to jails identified by the apex court were overcrowding, delay in trials, torture and ill-treatment, neglect of health and hygiene, food and clothing, management of open air prisons, deficiency in communication system and streamlining of jail visits.

Stakeholders from across the country attending the two-day conference will review the action taken reports of the State Governments on the NHRC’s recommendations towards prison reforms.

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