How often do we understand the difference between the people sent to custody on remand, under trials and those convicted? For us, any one sent to the four walls of judicial custody is a convict. “A person until found guilty is deemed to be innocent”, goes an old adage but……
Even those who are convicted are humans and animal like treatment given to them is not warranted for.
I had an encounter with the way prisoners are treated in court cells, colloquially called “Hazat” of Jamshedpur Lower Court, Jharkhand. The sight certainly was not a pleasant one.
I was standing on the rear gate of the Lower Court when three blue vans happened to pass by me. Subsequent to my query I was told they were brought from Ghagidi Central Jail to the Court Hazat for presenting them before the Magistrate, a usual norm practiced after every 15 days. I was told they were brought at 9 am and were kept till 5 pm. After seeking prior approval I paid a visit to the Hazat. One van at a time was allowed to enter inside, when the prisoners got down the van and were queued and frisked thoroughly. No one was asked whether they were yet guilty.
The Hazat is the most pathetic place that one can visit. It had three rooms, two adjacent to each other and one opposite them. It was just a walled cemented floor with no trace of furniture to provide sitting arrangement to the prisoners. Beetle stains were there all over the walls and not even a single electric bulb was there. In short it was deprived of all the essentials. A “lavatory” was inside the cell which had not been cleaned since years. For water there was bucket filled with water from a dripping tap outside and a mug was provided. And no provision for food was made. People were pushed inside the cells until it could accommodate no more.
The Government spends a huge sum of money for the maintenance of the Hazat but the same is not put to use. It only fills the pockets of the constables and the prisoners have no one to approach to. Spending hours in animal like situation displays the lack of interest the custodians of law have for the prisoners. Mr. Tewari was the officer in charge for the same, and what he had to say to my questions put me in utter dismay.
Another anecdote on the same day which surprised me more was the fact that every such person was handcuffed and presented to the Magistrate. I asked Mr. Tewari if he maintains the Daily Record Diary that he is supposed to and enters the details why such person is handcuffed. He showed me a register which displayed the time of arrival and departure of the prisoners but no such reason was mentioned. “They are thieves, murderers, if we do not handcuff them they will flee”, was Mr. Tewari’s reply.
As a police officer is vested with power to restrain a person by handcuffing him, there is simultaneous restraint by the law on the police officer as to the exercise of the power. The handcuffs should not be used in routine manner. The minimum freedom of movement which even an under trial prisoner is entitled to under Article 19 of the Constitution, cannot be cut down cruelly by application of handcuffs or other hoops.
[Sunil Batra v. Delhi Administration -AIR 1978 SC 1675].
Involvement of the prisoner in a score of criminal cases is no ground for handcuffing. Nor can a person be handcuffed only because he is charged with a grave offence. It cannot be used only for the convenience of the escort party. The rules, regulations and manuals of various states authorising the police to use handcuffs have been struck down as violative of Article 14 of the Constitution of India.
[Prem Shankar Shukla v. Delhi Administration -AIR 1980 SC 1535].
Only under the garb of security one cannot tamper with the fundamental rights of an individual under Article 19 20 and 21.
The above mentioned incidents showcases how ignorant and irresponsible the custodians are. I have dropped an RTI seeking the relevant information and shall update when I get a reply. It is time we pay attention to this part of the society who remains in the darkest penumbra where most of the people are barred without any flaw. It is time we do all we can to help those in distress and change our mind sets and differentiate between people guilty and not. It is time we rise above corruption and ignorance. See the plight of people present in the dim cells of India.
It is time India rises.
Note: The image is used only for representational purpose.
