Delhi HC seeks Centre’s response on plea against solitary confinement of jail inmates

A plea had challenged several provisions of the Indian Penal Code and the Prisons Act relating to solitary confinement saying that they were in violation of the Constitution

The Delhi High Court on Tuesday asked the Centre to respond to a petition against solitary confinement of prison inmates.

A Bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad granted six weeks’ time to the Centre’s counsel to seek instructions on the public interest litigation (PIL) petition filed by lawyer Harsh Vibhore Singhal.

Mr. Singhal, in his plea, had challenged several provisions of the Indian Penal Code (IPC) and the Prisons Act relating to solitary confinement of prisoners saying that they were in violation of the Constitution.

He said solitary confinement was a “measure of extreme brutality and depravity”, “dehumanising” and destroys any hope of reformation and rehabilitation.

The petition claimed that although solitary confinement could be given in the rarest of rare cases and with a prior judicial approval, jail authorities “routinely use” it to “extract acquiescence and obeisance, without judicial oversight and for ingratiating their corrupt needs, taking advantage of inmates”.

“Solitary confinement that completely cuts off a prisoner from society of others is barbaric, exacerbates his psychological makeup and worsens his health instead of ameliorating,” the petition stated.

The petition sought for directions to authorities to ensure that each State constitutes an independent Prison Punishment Board to give recommendations for solitary segregation of inmates. The High Court posted the case for further hearing on May 23.