Prisoners can’t be denied education in jail: Madras high court

CHENNAI: Equating the right to education with the right to dignity, Madras high court has said that a prisoner is also entitled to basic human rights and has the right to live with dignity while in jail.

The prisoners' right to education is a human right grounded in the right to dignity. The aims of imprisonment include reformation and rehabilitation, apart from deterrence, the court added.

A division bench of Justice S M Subramaniam and Justice M Jothiraman made the observation on a plea moved by ‘Police’ Fakrudeen, seeking direction to the Puzhal prison authorities to remove him from solitary confinement and to provide basic facilities.

“It is needless to state that the prison officials are responsible for safeguarding the prisoner's rights and to ensure compliance with legal provisions,” the court said.

Section 436A of the CrPC plays a vital role in ensuring the release of undertrial prisoners. In the present case, the petitioner is languishing in prison for about 11 years as the trial is prolonging. The reason for the increase and longevity of criminal cases was also raised before this court, the bench said.

As to the lack of basic facilities in the special court for bomb blast cases at Poonamallee, the court said, “Young members of the Bar also made complaints that they have not been treated with courtesy before the trial courts.” Even they are not permitted to drink water despite the fact that they are waiting in the court hall during the course of taking evidence for more than three to four hours. It is brought to the notice of this court that toilet and drinking water facilities were not provided on the court premises and a Bar room was also not available, the judges said.

“One of the complaints raised is that the special court is not permitting the lawyers to appear through video conference. VC is presently made as a rule by the HC and such a facility cannot be denied by any court,” the bench said. The court then directed the authorities to ensure that the fundamental rights ensured to the prisoners are protected and the facilities admissible under the rules are provided.