Title: Court On Its Own Motion v. Central Government Through Secretary, Ministry Of Social justice And Empowerment & Ors.
Decided on: 10th October, 2023
W.P.(C) 1481/2015
CORAM: Hon’ble Justices Chief Justice and Sanjeev Narula
Facts of the Case
This Court has registered the current case as a suo moto Public Interest Litigation [“PIL”] in order to protect the welfare of both the under trial inmates’ and convicts’ families. By order dated February 15, 2023, the Government of the National Capital Territory of Delhi (“GNCTD”) and the Union of India (“UoI”) were both required to submit a thorough response to the subject.
Courts analysis and decision
The National Legal Services Authority [“NALSA”] has launched a preventive and strategic program/campaign titled “A Campaign for Legal Assistance to the Family Members of the Prisoners” for the welfare of family members of jail inmates. Mr. Dayan Krishnan, learned Amicus Curiae, has brought this Court’s attention to this initiative. The key components of the aforementioned programme included formal interactions with inmates and family members, follow-up action on the issues raised in the interactions, regardless of the inmate and family’s location, and assistance in obtaining government benefits.
The Court noted, “Prison authorities must prominently display details of welfare initiatives for families of convicts and undertrials. This information should be accesible through various mediums, such as physical notice boards, newsletters, and official websites. Additionally, a system should be established to ensure that this information is communicated to relatives and visitors during their prison visits.”
Upon assessment, the Court discovered that the 2014 Scheme mainly targeted the offspring of convicted criminals while excluding other family members. Additionally, it exclusively served prisoners who had been living in Delhi for the previous five years.
The Court emphasised the necessity for a national programme that would benefit all family members of people who are detained, regardless of the prisoner’s location or where the family resides, while acknowledging these constraints.
It further instructed the prison authorities to investigate creating volunteer groups made up of inmates who have already been convicted and those who are awaiting trial in addition to using the knowledge of the prison personnel. The court ruled that these organisations can be crucial in helping other prisoners take advantage of the various programmes.
The Court further ordered the Delhi Government, Union Government, and prison authorities to investigate the viability of creating a mobile application or a specific web portal to provide “comprehensive information” on welfare schemes, step-by-step application procedures, and to provide digital counselling or assistance towards obtaining benefits under such schemes.
The bench ended the suo motu proceedings it had started in 2015 regarding the welfare of the families of those being tried as well as offenders.
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Written by- Aashi Narayan
