Strictly implement rules on use of tobacco products in prisons: HC

Madurai: Madras high court has directed the prison authorities to strictly implement rules pertaining to the ban on the use of tobacco products in prisons.A division bench of justice G Jayachandran and justice K K Ramakrishnan passed the order while disposing of a public interest litigation filed by A Syed Ali of Tirunelveli district.The petitioner stated that he was arrested in connection with a criminal case and was lodged at the Palayamkottai Central Prison in 2024. He stated that, being a heart patient, he was forced to endure beedi smoke from other inmates. As per the rules, beedi, cigarettes, tobacco, and all intoxicating substances are completely prohibited inside prisons. Contrary to these rules, beedi is illegally permitted inside prisons.Due to the failure to regulate smoking and the illegal circulation of beedi inside prisons, non-smoking prisoners are forcibly turned into passive smokers, which directly violates their fundamental right to life and health guaranteed under Article 21 of the Constitution.He stated that the Tamil Nadu Prison Rules, 2024, was notified to regulate prison discipline, health, and prohibited articles. Under the said Rules, tobacco products, including beedis, are expressly treated as prohibited and hazardous substances. As per the Rules, possession of a beedi by a prisoner constitutes a prison offence, attracting disciplinary consequences such as forfeiture of remission and loss of good conduct marks.The petitioner stated that he submitted a representation to the authorities seeking strict enforcement of the ban on tobacco products in prisons. However, the same was not considered. Hence, the petitioner moved court seeking a direction to the authorities to take necessary action for strict implementation of the blanket prohibition on the use, possession, and circulation of beedi and tobacco products in all Madurai, Palayamkottai, and Trichy Central Prisons and district jails in southern districts.