#undertrial prisoner death
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Yet another undertrial dies in Bonai Sub-Jail
Bonai: Yet another undertrial prisoner died at the Bonai sub-jail in Sundargarh district Thursday. Prison officials said that the deceased, identified as 64-year-old Johan Minj from Mahisichappal village under K Bolang police limits, was reportedly suffering from age-related illnesses and this might be the reason for his death. Bonai police registered an unnatural death case (36/24) and launched…
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[ad_1] GG News Bureau New Delhi, 17th Oct. The Union Home Ministry has directed all states to adopt measures, including the implementation of Section 479 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, to provide relief to undertrial prisoners and address the issue of overcrowding in prisons. The initiative is aimed at expediting the release of eligible undertrial inmates through bail provisions. Overcrowded prisons and the large number of undertrial prisoners have long been a concern for the government. In a communication to the states, the Home Ministry emphasized the need for measures to alleviate the situation and highlighted efforts, including financial support to states and union territories, to facilitate the release of undertrial prisoners. Section 479 of BNSS: Key Provisions for Undertrials The ministry underscored the importance of Section 479 (1) of the BNSS, which came into effect on July 1, 2024. This provision allows undertrial prisoners, who have been detained for a period extending up to half of the maximum imprisonment term for their alleged offense, to be released on bail. However, this relief does not apply in cases where the maximum punishment is life imprisonment or the death sentence. A new addition to the provision specifies that first-time offenders—those who have not been previously convicted—may be released on bond if they have completed one-third of the detention period specified for their offense. Responsibility of Jail Superintendents Section 479 (3) of the BNSS places a responsibility on Superintendents of Prisons to apply for the release on bail of undertrial prisoners who meet the specified criteria. This follows a Supreme Court directive from August 23, 2024, which stipulated that Section 479 of the BNSS applies to all pending cases, regardless of whether they were registered before or after the law’s implementation date. The Court instructed jail authorities nationwide to submit applications to the concerned courts for the release of undertrials who have completed the specified detention period. E-Prisons Portal for Efficient Processing To assist state and union territory prison authorities in identifying eligible prisoners, the Home Ministry has integrated relevant provisions into the national E-Prisons portal. This tool helps jail authorities access data, including the type of offense, maximum sentence, and detention duration, enabling a streamlined process for identifying undertrial inmates eligible for bail applications. The ministry has asked all states and UTs to ensure compliance with the legal mandate and disseminate the information to relevant officials, particularly prison superintendents, to monitor the effective implementation of the new BNSS provisions. The move is part of a broader effort to alleviate the strain on India’s prison system by reducing the population of undertrial inmates. The post Home Ministry Asks States to Implement BNSS for Undertrial Relief, Reduce Prison Overcrowding appeared first on Global Governance News- Asia's First Bilingual News portal for Global News and Updates. [ad_2] Source link
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[ad_1] GG News Bureau New Delhi, 17th Oct. The Union Home Ministry has directed all states to adopt measures, including the implementation of Section 479 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, to provide relief to undertrial prisoners and address the issue of overcrowding in prisons. The initiative is aimed at expediting the release of eligible undertrial inmates through bail provisions. Overcrowded prisons and the large number of undertrial prisoners have long been a concern for the government. In a communication to the states, the Home Ministry emphasized the need for measures to alleviate the situation and highlighted efforts, including financial support to states and union territories, to facilitate the release of undertrial prisoners. Section 479 of BNSS: Key Provisions for Undertrials The ministry underscored the importance of Section 479 (1) of the BNSS, which came into effect on July 1, 2024. This provision allows undertrial prisoners, who have been detained for a period extending up to half of the maximum imprisonment term for their alleged offense, to be released on bail. However, this relief does not apply in cases where the maximum punishment is life imprisonment or the death sentence. A new addition to the provision specifies that first-time offenders—those who have not been previously convicted—may be released on bond if they have completed one-third of the detention period specified for their offense. Responsibility of Jail Superintendents Section 479 (3) of the BNSS places a responsibility on Superintendents of Prisons to apply for the release on bail of undertrial prisoners who meet the specified criteria. This follows a Supreme Court directive from August 23, 2024, which stipulated that Section 479 of the BNSS applies to all pending cases, regardless of whether they were registered before or after the law’s implementation date. The Court instructed jail authorities nationwide to submit applications to the concerned courts for the release of undertrials who have completed the specified detention period. E-Prisons Portal for Efficient Processing To assist state and union territory prison authorities in identifying eligible prisoners, the Home Ministry has integrated relevant provisions into the national E-Prisons portal. This tool helps jail authorities access data, including the type of offense, maximum sentence, and detention duration, enabling a streamlined process for identifying undertrial inmates eligible for bail applications. The ministry has asked all states and UTs to ensure compliance with the legal mandate and disseminate the information to relevant officials, particularly prison superintendents, to monitor the effective implementation of the new BNSS provisions. The move is part of a broader effort to alleviate the strain on India’s prison system by reducing the population of undertrial inmates. The post Home Ministry Asks States to Implement BNSS for Undertrial Relief, Reduce Prison Overcrowding appeared first on Global Governance News- Asia's First Bilingual News portal for Global News and Updates. [ad_2] Source link
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“அமைச்சருக்கு ஒரு நீதி, சாமானியருக்கு வேறு நீதியா?” - திருச்சி விசாரணைக் கைதி மரணத்துக்கு சீமான் கண்டனம் | Seeman condemns death of Trichy undertrial prisoner
சென்னை: “தமிழகத்தில் நடப்பது மக்களாட்சியா? இல்லை மன்னராட்சியா? அமைச்சர் செந்தில் பாலாஜி மீதான அமலாக்கத் துறையின் அத்துமீறிய கைதுக்கு எதிராகக் கொதித்தெழுந்து, அடக்குமுறையை எதிர்த்து சட்டப்போராட்டம் நடத்திய திமுக அரசு, திருச்சி திராவிட மணியின் படுகொலைக்கு என்ன பதில் கூறப்போகிறது? அமைச்சருக்கு ஒரு நீதி? சாமானிய மக்களுக்கு வேறு நீதியா?” என்று நாம் தமிழர் கட்சியின் தலைமை ஒருங்கிணைப்பாளர் சீமான் கேள்வி…
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Supreme Court of India: Bail for first-time offenders applies retrospectively on Section 479 BNSS
🌐 https://niharranjannayak.in
Supreme Court of India bench of Justices Hima Kohli and Sandeep Mehta while hearing a #PIL regarding overcrowding of prisons in the country. The Centre on Friday informed the Supreme Court that Section 479 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which allows courts to #grant_bail to #first_time_offenders who have undergone #detention for a third of the maximum period prescribed, would apply with retrospective effect. Section 479 of the BNSS (which replaced CrPC) has said that if first-time offenders have remained in jail for one-third of the maximum sentence, they can be released on bail. This means the provision will apply to all undertrials in cases registered before July 1, 2024. Section 479 of the #BNSS provides for the release of undertrials who have been behind bars for many years with no end in sight for trial. However, the said section does not extend the benefit to those who are accused of an offence for which the prescribed punishment is death or life imprisonment.
#copyright#trademark#legal#medicolegal#pharma#pharmalegal#trademark copyright patent worldintellectualproperty
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दिल्ली की तिहाड़ जेल में 19 साल पहले हुई थी विचाराधीन कैदी की मौत, CBI ने अब दर्ज किया केस
दिल्ली की तिहाड़ जेल में 19 साल पहले हुई थी विचाराधीन कैदी की मौत, CBI ने अब दर्ज किया केस
केंद्रीय जांच ब्यूरो (सीबीआई) ने दिल्ली की तिहाड़ जेल में एक विचाराधीन कैदी की संदिग्ध मौत के संबंध में 19 साल बाद केस दर्ज किया है। अधिकारियों ने शनिवार को इस बारे में��जानकारी देते… Source link
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#CBI#CBI News#Delhi News#FIR registered#hindi news#Hindustan#News in Hindi#Tihar Jail#undertrial prisoner death#undertrial prisoner Suspicious death#केस दर्ज#तिहाड़ जेल#दिल्ली न्यूज#विचाराधीन कैदी की संदिग्ध मौत#सीबीआई#सीबीआई न्यूज#हिन्दुस्तान
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BATTERY
Battery
The wrong of battery consists in intentional application of torts to another
person without any 1awful justification. Its essential requirements are
1. There should be use of force.
The same should be, without any lawful jjustification.
1. Use of Force
Even though the force used is very trivial and does not cause any harm,
the wrong is still constituted. Physical hurt need not be there. Least touching
of another in anger is a battery. The force may be used even without a bodily
contact with the aggressor. Use of a stick, bullet or any other missile or
throwing of water or spitting in a man's face or making a person fall by
pulling his chair are examples of use of force. Infliction of heat, light, electricity
gas, odour, etc. would be a battery if it can result in physical injury or personal
discomfort.
Mere passive obstruction, however, cannot be considered as the use of
force. In Innes v. Wylie a policeman unlawfully prevented the plaintiff from
entering the club premises. It was held that if the policeman was entirely passive like a door or a wall put to prevent from entering the room, there
was no assault.
ii) Without Lawful Justification
It is essential that the use of force should be intentional and without any
lawful justification. It was stated by Holt, C.J.' that if two or more persons
meet in a narrow passage and without any violence or design of harm, the
one touches the other gently, it will be no battery. But if either of them uses
violence against the other, to force his way in a rude or inordinate manner, it
will be a battery. Harm voluntarily suffered is no battery. The use of force may
also be justified in pullin8 a drowning man out of water, forcibly feeding a
hunger-striking prisoner to save his life, or performance of operation of an
unconscious person by a competent surgeon to save the former's life.
Harm which is unintentional or caused by pure accident is also not
actionable. In Stanley v. Powell," Powell, who was the member of a shooting
party, fired at a pheasant but the pellet from his gun glanced off a tree and
accidentally wounded Stanley, another member of the party. It was held that
Powell was not liable. If the act is wilful or negligent, the defendant would be
liable.
In Pratap Daji v. B.B. & C.I. Ry.,' the plaintiff entered a carriage on the
defendant's railway but by oversight failed to purchase a ticket for his travel.
At an intermediate station, he asked for a ticket but the same was refused. At
another place, he was asked to get out of the carriage since he did not have
a ticket. On his refusal to get out, force was used to make him get out of the
carriage. In an action by him for his forcible removal, it was held that the use
of the force was justified as he, being without a ticket, was a trespasser. The
defendants were, therefore, not liable.
Use of force to oust a trespasser from certain premises is perfectly justified.
However, only reasonable force can be used against a trespasser. It should not
be more force than is necessary to repel the invasion. Use of excessive force
than is necessary, will make a person liable. In Cherubin Gregory v. State of
Bihar it was held that fixing naked live electric wire, without due warning,
across the passage of a latrine to keep the trespassers away from the latrine
and thereby causing the death of a trespasser was actionable.
In P. Kader v. K.A. Alagarswami, the Madras High Court held that
putting handcuffs on an undertrial prisoner and then chaining him like
dangerous animal with a neighbouring window in a hospital during his medical
treatment is an unjustifiable use of force and the police officer responsible for
the same is liable for trespass to the person. It was also observed that in such
a case, there is no need to prove any motive or intention on the part ot the
police officer, because if the officer has exceeded and abused his authority, it
nay be out of arrogance or even because of a temperamental detect which
Delights in cruelty, the act would be malicious and mala fide unless it can
Plausibly De contended, that the circumstances justified the use or he power.
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Seven months after prisoner's death, report shows ' toxins in the body
Seven months after prisoner’s death, report shows ‘ toxins in the body
Muzaffarnagar: Months, after an inmate died in prison due to chest pain, as Jail officials had claimed then, a reinvestigation to understand the cause of his death has been ordered by the jail authority after the undertrial’s viscera report came into public, domain. The jail authority also released a statement doubting the report’s find ings . On December 27 , last year , Mohd Zakir , 48 , an…
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29 Aurangabad Jail Inmates Test Positive For COVID-19, All Asymptomatic
https://liveindiatimes.com/29-aurangabad-jail-inmates-test-positive-for-covid-19-all-asymptomatic/
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The number of COVID-19 cases in Aurangabad reached 1,936. (Representational)
Aurangabad:
A few days after an inmate tested positive for novel coronavirus in the central jail in Harsul in Maharashtra’s Aurangabad, 29 others who were in contact were detected with the infection on Saturday afternoon, said an official.
Collector Uday Choudhari told PTI 25 of those who tested positive are from central jail while four are from a temporary facility created for undertrials.
“All 29 are asymptomatic. A total of 110 swabs of inmates and prison staff have been collected and sent for testing on Saturday,” he added.
“Earlier, an inmate tested positive after being admitted in Government Medical College and Hospital. A total of 48 undertrials who were in contact with this patient were quarantined five days ago. Of them, 29 have now tested positive,” a jail official said, news agency PTI reported.
While the capacity of the jail in Harsul is 539, there are around 1,400 inmates presently, the official added.
Meanwhile, the number of COVID-19 cases in the district reached 1,936 as 90 people tested positive in the last 24 hours.
The number of active cases is 686 as 1,154 have been discharged and 96 have died of the infection, an official said.
World
67,32,297Cases
35,91,419Active
27,46,098Recovered
3,94,780Deaths
Coronavirus has spread to 188 countries. The total confirmed cases worldwide are 67,32,297 and 3,94,780 have died; 35,91,419 are active cases and 27,46,098 have recovered as on June 6, 2020 at 9:10 am.
India
2,36,657 9887Cases
1,15,942 4982Active
1,14,073 4611Recovered
6,642 294Deaths
In India, there are 2,36,657 confirmed cases including 6,642 deaths. The number of active cases is 1,15,942 and 1,14,073 have recovered as on June 6, 2020 at 8:00 am.
State & District Details
State Cases Active Recovered Deaths Maharashtra
DistrictCases
Akola738
Aurangabad1869
Dhule206
Jalgaon952
Mumbai44110
Mumbai Suburban4955
Nagpur680
Nashik1464
Palghar1302
Pune9418
Satara625
Solapur1209
Thane13037
Yavatmal152
Ahmednagar175
Amravati289
Beed52
Bhandara41
Buldhana91
Chandrapur31
Hingoli213
Jalna190
Kolhapur638
Latur137
Nanded174
Nandurbar42
Parbhani78
Raigad1424
Ratnagiri348
Sangli139
Gadchiroli41
gondia69
Osmanabad119
Sindhudurg114
Wardha9
Washim12
80229 2436
42224 822
35156 1475
2849 139
Andhra Pradesh
DistrictCases
Chittoor316
Guntur501
Krishna525
Kurnool782
Sri Potti Sriramulu Nell*296
Anantapur415
East Godavari350
Prakasam101
Srikakulam169
Visakhapatnam83
West Godavari196
Y.S.R.197
Vizianagaram23
4303 80
1654 41
2576 37
73 2
Karnataka
DistrictCases
Bengaluru Rural35
Bengaluru Urban483
Mysuru107
Bagalkote98
Ballari54
Belagavi300
Bidar213
Chikkaballapura148
Dakshina Kannada176
Dharwad58
Gadag43
Kalaburagi628
Mandya347
Tumakuru36
Uttara Kannada91
Vijayapura193
Chamarajanagara0
Chikkamagaluru19
Chitradurga14
Davangere187
Hassan201
Haveri24
Kodagu4
Kolar28
Koppal5
Raichur369
Ramanagara3
Shivamogga55
Udupi1104
Yadgir498
4835 515
3090 437
1688 78
57
Goa
DistrictCases
North Goa52
South Goa63
196 30
131 22
65 8
0
Tamil Nadu
DistrictCases
Chengalpattu1223
Chennai22243
Kanchipuram480
Madurai318
Namakkal80
Ranipet131
Thanjavur122
Thiruvallur717
Thiruvarur61
Tiruppur116
Vellore73
Virudhunagar180
Ariyalur432
Coimbatore185
Cuddalore478
Dharmapuri12
Dindigul161
Erode74
Kallakurichi317
Kanniyakumari101
Karur87
Nagapattinam88
Perambalur118
Pudukkottai45
Ramanathapuram113
Salem255
Sivaganga46
Tenkasi99
The Nilgiris17
Theni130
Tiruchirappalli116
Tirunelveli432
Tirupathur41
Tiruvannamalai454
Tuticorin318
Villupuram508
Krishnagiri43
28694 1438
12700 566
15762 860
232 12
Kerala
DistrictCases
Kannur359
Kottayam68
Alappuzha71
Idukki38
Kasaragod331
Kollam108
Kozhikode85
Malappuram118
Palakkad222
Pathanamthitta88
Thiruvananthapuram99
Thrissur91
Ernakulam60
Wayanad36
1699 111
973 89
712 22
14
Chhattisgarh
DistrictCases
Raipur34
Korba95
Balod41
Baloda Bazar67
Balrampur17
Bastar2
Bemetara20
Bijapur2
Bilaspur97
Dantewada0
Dhamtari6
Durg22
Gariyaband10
Janjgir-Champa51
Jashpur71
Kabirdham23
Kanker19
Kondagaon0
Korea39
Mahasamund52
Mungeli85
Narayanpur0
Raigarh39
Rajnandgaon51
Sukma0
Surajpur9
Surguja9
879 123
633 92
244 31
2
Telangana
DistrictCases
Hyderabad2342
MedchalMalkajgiri64
Ranga Reddy176
Suryapet87
Vikarabad39
Warangal Urban31
Adilabad22
Jagitial76
Jangoan8
Jayashankar Bhupalapally9
Jogulamba Gadwal40
Kamareddy11
Karimnagar13
Khammam26
Kumuram Bheem Asifabad7
Mahabubnagar29
Mancherial43
Medak11
Nalgonda31
Narayanpet3
Nirmal21
Nizamabad76
RajannaSircilla16
Sangareddy24
Bhadradri Kothagudem4
Mahabubabad10
Mulugu3
Nagarkurnool6
Peddapalli5
Siddipet7
Wanaparthy1
Warangal Rural4
YadadriBhuvanagiri37
3290 143
1550 95
1627 40
113 8
Odisha
DistrictCases
Baleshwar187
Bhadrak133
Jajapur315
Dhenkanal34
Kalahandi31
Kendrapara164
Khordha219
Koraput14
Sundargarh84
Anugul26
Balangir124
Bargarh16
Boudh34
Cuttack153
Deogarh33
Gajapati61
Ganjam520
Jagatsinghapur89
Jharsuguda8
Kandhamal28
Kendujhar33
Malkangiri20
Mayurbhanj72
Nabarangpur2
Nayagarh83
Nuapada60
Puri101
Rayagada2
Sambalpur16
Sonepur26
2608 130
996
1604 188
8 1
Madhya Pradesh
DistrictCases
Barwani60
Bhopal1820
Dewas127
Dhar130
East Nimar260
Gwalior188
Indore3804
Jabalpur272
Ujjain784
Agar Malwa14
Alirajpur3
Betul35
Burhanpur318
Chhindwara16
Dindori29
Harda4
Hoshangabad37
Khargone185
Mandsaur110
Morena107
Raisen70
Ratlam43
Sagar217
Shajapur21
Shandol14
Sheopur23
Tikamgarh17
Vidisha37
Anuppur22
Ashoknagar13
Balaghat9
Bhind73
Chhatarpur33
Damoh26
Datia12
Guna5
Jhabua14
Katni3
Mandla15
Narsinghpur17
Neemuch311
Niwari0
Panna20
Rajgarh23
Rewa38
Satna24
Sehore12
Seoni2
Shivpuri15
Sidhi17
Singrauli12
Umaria10
8996 234
2734
5878 241
384 7
Gujarat
DistrictCases
Ahmadabad16482
Anand110
Arvalli131
Banas Kantha143
Bhavnagar143
Gandhinagar409
PanchMahals102
Surat2190
Vadodara1461
Bharuch53
Botad55
Chhotaudepur34
Dang4
Dohad45
GirSomnath45
Jamnagar62
Kachchh90
Kheda97
Mahesana148
Mahisagar124
Narmada26
Naysari32
Patan100
Rajkot125
SabarKantha100
Surendranagar51
Tapi6
Valsad42
Amreli14
DevbhumiDwarka22
Junagadh31
Morbi4
Porbandar12
19094 510
4901 139
13003 336
1190 35
Rajasthan
DistrictCases
Ajmer386
Banswara104
Bharatpur476
Jaipur2156
Jhalawar327
Jodhpur1678
Kota499
Nagaur493
Alwar91
Barmer34
Bhilwara254
Bikaner111
Chittorgarh188
Churu70
Dausa59
Dholpur63
Dungarpur359
Hanumangarh31
Jaisalmer53
Jhunjhunu64
Karauli16
Pali353
Rajsamand133
SawaiMadhopur25
Sikar189
Tonk173
Udaipur720
Baran59
Bundi4
Ganganagar8
Jalore165
Pratapgarh14
Sirohi130
10084 222
2507
7359 255
218 5
Haryana
DistrictCases
Faridabad771
Sonipat355
Ambala85
Bhiwani56
CharkiDadri40
Fatehabad36
Gurugram2561
Hisar88
Jhajjar154
Jind38
Kaithal38
Karnal92
Kurukshetra55
Nuh68
Palwal107
Panchkula36
Panipat73
Rohtak135
Sirsa48
Yamunanagar11
Mahendragarh48
Rewari50
3597 316
1439 316
2134
24
Uttar Pradesh
DistrictCases
Agra927
Aligarh193
Amroha81
Bareilly16
Bijnor146
Bulandshahr153
Firozabad189
Gautam Buddha Nagar1095
Kanpur Nagar284
Lucknow382
Mathura127
Meerut489
Moradabad250
Muzaffarnagar117
Rae Bareli78
Rampur203
Saharanpur297
Sant Kabeer Nagar125
Varanasi224
Auraiya31
Ayodhya120
Azamgarh137
Baghpat60
Bahraich72
Balrampur46
Banda27
Basti215
Bhadohi52
Budaun23
Etah52
Etawah46
Ghaziabad707
Ghazipur157
Gonda55
Gorakhpur156
Hapur202
Hardoi49
Jalaun41
Jaunpur193
Jhansi41
Kannauj68
Kasganj16
Kaushambi6
Mainpuri44
Mau43
Mirzapur23
Pilibhit15
Pratapgarh13
Prayagraj30
Sambhal116
Shamli39
Shravasti23
Sitapur31
Sultanpur97
Unnao37
Ambedkar Nagar92
Amethi202
Ballia58
Barabanki169
Chandauli38
Chitrakoot4
Deoria131
Farrukhabad35
Fatehpur2
Hamirpur3
Hathras39
Kanpur Dehat4
Kheri71
Kushi Nagar56
Lalitpur3
Maharajganj74
Mahoba3
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Sonbhadra10
9733 496
3828 275
5648 209
257 12
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Central4838
East2250
New Delhi3217
North2935
North East1852
North West5119
Shahdara1462
South2092
South East2249
South West2268
West4647
26334 1330
15311 855
10315 417
708 58
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Dhubri22
Goalpara19
Marigaon38
Baksa14
Barpeta10
Biswanath16
Bongaigaon10
Cachar71
Charaideo28
Chirang6
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Dhemaji35
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Jorhat24
Kamrup41
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Majuli2
Nagaon124
Nalbari22
Sivasagar20
Sonitpur26
South SalmaraMancachar4
Tinsukia83
Udalguri28
West KarbiAnglong1
2153 165
1651 109
498 56
4
Sikkim
DistrictCases
East District1
North District0
South District2
West District0
3 1
3 1
0
0
Bihar
DistrictCases
Buxar135
Gaya109
Munger164
Patna267
Rohtas251
Arwal52
Aurangabad74
Banka121
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Madhubani195
Nalanda114
Nawada98
PurbiChamparan139
Purnia87
Saran98
Siwan94
Vaishali82
Araria61
Jamui46
Katihar154
Khagaria155
Kishanganj76
Muzaffarpur91
Pashchim Champaran57
Saharsa71
Samastipur124
Sheikhpura114
Sheohar20
Sitamarhi70
Supaul65
4596 103
2342 88
2225 15
29
West Bengal
DistrictCases
24 Paraganas North960
24 Paraganas South255
Darjeeling86
Howrah1388
Jalpaiguri29
Kalimpong11
Kolkata2673
Maldah217
Medinipur East145
Medinipur West56
Hooghly577
Murshidabad123
Nadia131
Paschim Bardhaman68
Purba Bardhaman127
Alipurduar19
Bankura105
Birbhum202
Coochbehar148
Dinajpur Dakshin48
Dinajpur Uttar211
Jhargram9
Purulia64
7303 427
4025 272
2912 144
366 11
Andaman And Nicobar Islands
DistrictCases
South Andamans33
Nicobars1
North And Middle Andaman1
33
0
33
0
Puducherry
DistrictCases
Pondicherry99
Karaikal2
Mahe4
Yanam0
99 17
63 6
36 11
0
Arunachal Pradesh
DistrictCases
Anjaw0
Changlang30
Dibang Valley0
East Kameng0
East Siang0
Kamle0
KraDaadi0
KurungKumey0
Leparada0
Lohit3
Longding0
Lower Dibang Valley0
Lower Siang0
Lower Subansiri0
Namsai2
PakkeKessang1
Papum Pare7
Shi Yomi0
Siang0
Tawang1
Tirap0
Upper Siang1
Upper Subansiri0
West Kameng0
West Siang1
45 3
44 3
1
0
Nagaland
DistrictCases
Dimapur15
Kiphire0
Kohima4
Longleng0
Mokokchung0
Mon8
Peren2
Phek0
Tuensang3
Wokha0
Zunheboto0
94 14
94 14
0
0
Dadra And Nagar Haveli
DistrictCases
Dadra And Nagar Haveli15
14 2
13 2
1
0
Jharkhand
DistrictCases
Ranchi150
Bokaro17
Deoghar5
Dhanbad20
Garhwa80
Giridih19
Hazaribagh106
Jamtara3
Koderma57
Simdega35
Chatra2
Dumka4
East Singhbum149
Godda2
Gumla27
Khunti8
Latehar13
Lohardaga7
Pakur4
Palamu29
Ramgarh56
Sahebganj0
SaraikelaKharsawan19
West Singhbhum16
881 88
464 31
410 56
7 1
Tripura
DistrictCases
Gomati52
North Tripura12
Dhalai195
Khowai17
Sepahijala99
South Tripura30
Unakoti47
West Tripura31
692 48
519 48
173
0
Ladakh
DistrictCases
Kargil76
LehLadakh41
97 7
48 7
48
1
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Anantnag393
Bandipora169
Shopian193
Srinagar289
Baramulla253
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Kathua53
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Kupwara219
Rajouri33
Ramban152
Reasi26
Samba22
Udhampur155
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Doda27
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Poonch33
Pulwama102
3324 182
2202 143
1086 38
36 1
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Chamba26
Hamirpur116
Kangra101
Sirmaur11
Solan32
Una40
Bilaspur22
Kinnaur2
Kullu4
Lahaul And Spiti0
Mandi22
Shimla10
393 10
199
189 10
5
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Jalandhar290
Ludhiana283
Patiala131
Amritsar462
Barnala24
Faridkot69
Firozepur50
Gurdaspur149
Hoshiarpur140
Kapurthala44
Mansa32
Moga63
Pathankot84
S.A.S Nagar133
Sangrur106
Shahid Bhagat Singh Nagar (Nawanshahr)99
Sri Muktsar Sahib71
Tarn Taran162
Bathinda57
Fatehgarh Sahib56
Fazilka52
Rupnagar (Ropar)74
2461 46
344 19
2069 26
48 1
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Nainital298
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1215 62
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Pherzawl3
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Tamenglong2
Tengnoupal9
Thoubal6
Ukhrul4
132 8
91 5
41 3
0
Chandigarh
DistrictCases
Chandigarh304
304 3
77
222 8
5
Meghalaya
DistrictCases
East Khasi Hills22
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North Garo Hills1
Ribhoi0
South Garo Hills0
South West Garo Hills4
South West Khasi Hills0
West Garo Hills5
West Jaintia Hills1
West Khasi Hills1
33
19
13
1
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Aizawl7
Champhai0
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Khawzawl0
Kolasib11
Lawngtlai0
Lunglei2
Mamit1
Saiha0
Saitual1
Serchhip0
22 5
21 5
1
0
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What are the Rights of Prisoners in India?
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Introduction
As we enter a new decade, it can be seen that Crimes in India are at an all-time high! The crime rate in our country is increasing every passing day. From assault to murder to robbery, tragic crime cases are jolting the entire nation at regular intervals. Besides, rape has emerged as one of the most common and heinous crimes in India. Almost without exception, Indians are worried about the increasing trend of crimes in different parts of our country. In the short run, they are right: Crimes have increased these past few years. But what really worries most people is not the short-run trend but their sense that crime rates have been climbing steadily for a long time and that the future will only bring further increases. An Analysis of Crime in India A recent report points out that the crimes in India have seen a rise. Cases of murder, rapes, dowry death and kidnapping have seen a spike. Many other reports point out that India ranks low in terms of safety index. A 2017 report by the Global Peace Index, further tells us that India is the fourth most dangerous country for women travellers. The data highlight the urgent need to ensure proper law and order situation in our country. With the upsurge of media, criminal cases and scams are getting highly sensationalized and are debated at length on new channels hogging prime time. Some of the cases, that rocked our nation, include Nirbhaya Gangrape/Murder (2012), Unnao Rape Case (2017), PNB Scam (2018), Vijay Mallya Fraud Case (2017). Do Prisoners Deserve Human Rights? With such crimes on the rise, one may wonder, do prisoners deserve constitutional rights after having committed such heinous crimes and being the root cause of all suffering of the people involved. The answer to this question is simple. When you are part of a free society, we cannot ignore the undeniable truth that when the rights of one group are weakened all people's rights are weakened. And while we might debate whether these prisoners deserve to have basic human rights, we have to keep in mind the current state of the justice system in India. It is seen that oftentimes no measures are taken to rehabilitate lawbreakers and instead they are thrown away and effectively removed from society, taking away their chances to reform and become a functioning member. By saying no to all offenders having rights, a murderer will be facing the same consequences as someone who may have stolen something. And while stealing is wrong, both criminals facing the same disadvantage might not be fair. And so, keeping this in mind, we do not and should not have the option to selectively choose who is worthy of basic human and constitutional rights and who isn't. Read Also: Human Rights in the Indian Constitution Rights of Prisoners in India Constitution of India does not expressly provide the provisions related to the prisoners' rights but in the case of T.V. Vatheeswaran v. State of Tamil Nadu (1979), it was held that the Articles 14, 19 and 21 are available to the prisoners as well as freemen. Prison walls do not keep out fundamental rights. Article 14 of the Constitution of India says that the State shall not deny to any person equality before the law or the equal protection of laws within the territory of India. Thus, Article 14 contemplated that like should be treated alike i.e. amongst equals the law should be equal and should be equally administered, and also provided the concept of reasonable classification. This article is a useful guide and basis for the prison authorities to determine various categories of prisoners and their classifications with the object of reformation. Article 19 of the Constitution of India guarantees six fundamental freedoms to all citizens of India. Freedom of speech and expression. Freedom to assemble peacefully and without arms. Freedom to form associations or unions. Freedom to move freely throughout the territory of India. Freedom to reside and settle in any part of the territory of India. Freedom to practise any profession, or to carry on any occupation, trade, or business. Among these freedoms, certain freedoms cannot be enjoyed by the prisoners because of the very nature of these freedoms. Article 21 of the Constitution of India says: "No person shall be deprived of his life or personal liberty except according to the procedure established by law". This Article stipulates two concepts i.e., Right to life and Principle of liberty. Article 21 of the Indian Constitution is available not only for free people but also to those people behind the prison. Following are the rights of prisoners which are implicitly provided under Article 21 of the Constitution of India: Right of inmates of protective homes, Right to free legal aid, Right to a speedy trial, Right against cruel and unusual punishment, Right to a fair trial, Right against custodial violence and death in police lock-ups or encounters, Right to live with human dignity. Apart from these rights of prisoners, the Constitution of India also provides the following rights to the prisoners: Right to meet friends and consult lawyer, Rights against solitary confinement, handcuffing & bar fetters and protection from torture, Right to reasonable wages in prison. Rights of Prisoners in India under the Prisons Act, 1894 Prisons Act, of 1894 is the first legislation regarding prison regulation in India. This Act mainly focuses on the reformation of prisoners in connection with the rights of prisoners. Following Sections of the Prisons Act, 1894 are related to the reformation of prisoners: Accommodation and sanitary conditions for prisoners, Provision for the shelter and safe custody of the excess number of prisoners who cannot be safely kept in any prison, Provisions relating to the examination of prisoners by qualified Medical Officer, Provisions relating to separation of prisoners, containing female and male prisoners, civil and criminal prisoners and convicted and under trial prisoners, Provisions relating to the treatment of undertrials, civil prisoners, parole and temporary release of prisoners In the year of 2016, the Parliament has been passed the Prisons (Amendment) Bill, 2016 to amend the Prisons Act, 1894 with a view to providing protection and welfare of the prisoners. Human Rights Violation of Prisoners in India The practice of torture in prison has been widespread and predominant in India since forever. Unchallenged and unrestricted, it has become a sort of 'normal' and 'legitimate' practice all over. In the name of extracting confessions and investigating crimes individuals are being punished by the law enforcement agencies, torture is inflicted not only upon the accused but also on bona fide petitioners, complainants or informants amounting to cruel, inhuman, barbaric and degrading treatment, grossly derogatory to the individual dignity of the human person. Women are also inflicted with torture in the form of custodial rape, molestation and other forms of sexual torture. Troubling conditions of the prison and violation of the basic human rights such as custodial deaths and rape, physical violence, poor quality of food, lack of water supply, unjustified prolonged incarceration and other problems have been observed by the apex court which has led to judicial activism Prison overcrowding, terrible living conditions and even inhuman behaviour by prison staff have repeatedly attracted the attention of critics over the years. Unfortunately, little has changed. There have been no major reforms affecting the basic issues of relevance to prison administration in India. It is important to consider that a conviction for a crime does not reduce a person into a non-person, whose rights are subject to the whim of the prison administration. A prisoner being given his/her basic rights is not only the right thing to do constitutionally; it could also present positive solutions to major political problems existing in our nation. Further, the prison system would be more effective if it were accountable to its constituents.
Conclusion
While conversations around prison reforms and rights of prisoners in India will always be a controversial debate, we have to remember that prisoners are also human beings and to answer in the negative is to convict the nation and the Constitution of dehumanization which will repudiate the world's legal order. The Supreme Court in many cases held that a prisoner is a human being, a natural person and also a legal person. In one of the cases in 1944, it was held that the court can intervene with prison administration when constitutional rights or statutory prescriptions are transgressed to the injury of the prisoner. However, despite these measures, the views and needs of prisoners are often not represented to its full extent in India. Issues such as prison overcrowding and abuse by warders are not treated seriously as political issues and the public generally has little interest in prisoners' well-being. A Prisoner may have committed a wrongful act but they remain a part of our democratic polity, and so, their basic rights must be respected and should be protected at all costs. Read the full article
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Analysis| India’s prison system needs urgent reform - analysis
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Earlier this month, the ministry of home affairs released the Prison Statistics India (PSI) 2018 report. The report revealed that 1,845 inmates died in custody in 2018, the highest in Indian prisons in the last 20 years. Since 2000, the prisoner population across the world went up by 20%, but in India, that number was a staggering 71%. Additionally, since 2000, the rate of increase in the number of women prisoners (111.7%) was twice than that of the world rate. The primary reason was the increase in the number of undertrials. In 2018, the proportion of undertrial prisoners in India was almost 70% of the total number of those imprisoned — their number during the last decade increased by 25.4%. The duration of trials also appears to be going up. The share of undertrails confined for more than three years has increased by 140% since 2000. But those confined for less than one year has decreased by 7.54%. This increasing period of incarceration is likely borne by mostly innocent people.The rise is prison population leads to deplorable prison conditions, resulting in human rights violations. These stand in contravention of the United Nations Standard Minimum Rules for the Treatment of Prisoner (Nelson Mandela Rules) 2015, which calls upon governments to ensure that “the prison regime should seek to minimize any differences between prison life and life at liberty that tend to lessen the responsibility of the prisoners or the respect due to their dignity as human beings.”In 2018, the average occupancy rate of prisons was 117.6%. However, these numbers vary across states and types of prisons. For instance, in Nagaland, the occupancy rate is 30.5%, while in Uttar Pradesh (UP) it is 176.5%. Similarly, while the occupancy of district jails was highest (132.8%), it was 58% for women jails. The living conditions in prisons for vulnerable groups are even worse. In 2018, there were 19,242 women prisoners, 5,168 foreign national prisoners (excluding those confined in detention centres) and 6,623 suffering from mental illness. The information on other vulnerable groups — transgender prisoners and person with disability— is missing too.The prison administration is also overburdened with a 30% staff shortage. The inmate-to-staff ratio is 7:1, which itself might be inaccurate as a large number of staff might be tasked with work that is not directly related to prisoners. The inmate-to-correctional staff ratio stands at 756:1, and the correctional staff which include welfare, law and probation officers is completely absent in 14 states and union territories. The inmate to medical staff ratio remains at 243:1. This shortfall, with the lack of effective health care, might also be a major reason behind the high number of custodial deaths in 2018. Data on prison deaths over the last few years indicate that deaths in prisons are increasing at a higher rate than the increase in the population of prison. The 2018 statistics must spur the criminal justice system to assess, evaluate and take affirmative steps to check this. It is an indication that the safeguards that our constitutional and statutory legislative framework has sought to set in place to prevent unnecessary and prolonged detention of persons have failed. Constructive measures must be taken to address this. Madhurima Dhanuka is the programme head and Siddharth Lamba is a project officer with the Prison Reforms Programme, Commonwealth Human Rights Initiative (CHRI)The views expressed are personal Read the full article
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Languishing Prisons: Pretrial Detention and the Human Rights
Every Individual by the mere birth shall become equipped with the human rights. Multiple violations of human rights in the arena of prison administration is an integral part of the violation of the human rights. The society, in general, considers the prisoner to be the wrong doer and presumes, the mistreatment towards them is considered to be a reasonable in nature. However, the primary purpose of the punishment is to protect the society from the crime and to deter the offender from repeating the crime but not subjecting the offender to the ill treatment. There is a famous quote by Mahatma Gandhi, “Hate the Sin but not the Sinner”. The Prisoner has to be reformed and to be given a chance to lead a dignified life. Ironically, Prisoners were being subjected to inhuman treatment and punishment was in the form of solitary confinement, mutilation, branding, whipping, starving etc.[1] Prisons were considered as a place of terror. Besides, all these Inhuman Treatments, Pretrial Detention (or) languishment of under trials in the prisons had become a major issue in the arena of Human Rights.
An under-trial prisoner is a one who faces trails in the competent court. These prisoners to speak technically, are the ones who face trials and during the thus are kept in the prison. The purpose of imprisonment or confining an under trial within a prison is not to punish, but as a means of keeping the accused of a crime detained until the actual punishment could be carried out and to prevent him from tampering with the evidence or to prevent him from committing the further crime. However, the existence of an disproportionate number of remands, undertrials and other unconvicted inmates in prisons has given rise to increasing public and professional concerns regarding non-compliance with human rights in institutions. This is particularly due to the protracted detention during the pendency of investigation and the trial which take a long time. By taking note of NCRB Annual Prison Statistics Report, one might express their concern about the number of the undertrial and unconvicted prisoners, which had reached alarming and disproportionate dimensions in the recent years[2]. The pathetic situations of the undertrials in the prisons are being revealed through some writ petitions such as the case of Rudul Sah.
The concept of human rights of under-trials was embraced under The Standard Minimum Rules for the Treatment of Prisoners (1955) also known as ‘NELSON MANDELA RULE’ which has been adopted by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held at Geneva in 1955, where some of the important guidelines were laid down relating to the Under trials such as segregation of Under trials from convicted so as to not to get influenced by the attitude of convicts and for the provision of legal aid etc[3].
India being a signatory to the convention made so many efforts and exemplified the human rights for under trials through various Acts, guidelines, manuals and commissions. The National Human Rights Commission has been taking steps to arrange the release of under trials from various prisons in the country, contemplating the problems both from human angle and Prison Management perspective. The NCRB, which submits the Annual Prison Statistics to the government helps the NHRC to assess the Conditions of the under trials in the Prisons. The NALSA and SALSA were also very keen about the conditions of the undertrials in the prisons. Supreme Court in various instances had issued orders to mitigate the problems of the undertrials. It had ordered for the constitution of the “Under trials Review Committee” in 2013 to review the conditions of the Undertrial and to examine how many are eligible for the bail under Sec.436A of Crpc. The State Legal Services Authority has proposed for the fast track courts to dispose the matters relating to the undertrials effectively.[4]
Analyzing the Prison Statistics Report, 2018:
The NCRB, which comes under the auspices of Ministry of Home Affairs, is responsible for providing the annual statistics relating to the prison, which includes various aspects such as Number of Prisons, Number of Prisoners, Categories of Prisoners, Deaths in Prisons and Age and Sex of Prisoners etc. Here, I Just focused on the data relating to the undertrial prisoners.
From the Prison Statistics Report, 2018[5], it evident that there is a steep rise of undertrial prisoners in the prisons from 2016-2018, that is about 10.4% from 2016. The Population of undertrial prisoners in prison by the end of 2016 is 2, 93, 058 and by the end of 2018 is 3, 23, 537, which constitutes 69.4% of the total prison population[6]. Out of 3, 23, 537 undertrials, 51.3% were in District Jails, 35.9% were in central Jails and 10.5% in the sub jails[7]. The UP, Bihar and Maharashtra stands in first 3 consecutive places with highest number of undertrial prisoners[8]. From the above data it can also be inferred that the women undertrials were 12, 663 in number and accompanied by children who stands at 1, 590[9]. The Foreign Undertrials stands at 2, 611.[10]
It is also clear from the above statistics the most of the undertrials are of the age group of 18-30 years and they have come from unprivileged backgrounds with no formal education and belonging to the lower castes[11]. Moreover, there are 5, 104 (1.6%) undertrials who have been languishing in the jails for more than 5 years[12]. There are 1, 822 undertrials, who are eligible for release under Sec.436 but were not released due to the procedural delays[13].
It is pity to mention that there are only 1, 339 jails to accommodate the whole prison population, which constitutes around 3, 96, 223[14]. This depicts the problems of overcrowding in the Indian Prisons. Moreover, the overcrowding, per se, has its own affects. Such as, due to overcrowding all categories of prisoners are clubbed at one place and it may leads to the negative impact on the Juveniles, First time offenders and Petty offenders etc. It also may lead to the violence in prisons and the convicted/ Brutal offenders takes the advantage of the First time (or) petty offenders and name call them with their castes since most of the undertrials belongs to the lower and unprivileged castes and could not afford the legal aid. It also creates the kios in the prison administration. The prison administration instead of being a reformation center just confines itself into a “clerical workshop” by just jording down the names of the prisoners. In the case of Sri Ramamurthy v. State of Karnataka[15], the court has identified the 9 major problems which afflict the prison system and requires the immediate action. “They are: (1) overcrowding; (2) delay in trial; (3) torture and ill- treatment; (4) neglect of health and hygiene; (5) insubstantial food and inadequate clothing; (6) prison vices; (7) deficiency in communication; (8) streamlining of jail visits; and (9) management of open air prisons”.
The 3 major hindrances[16], which are coming in the way of the undertrials, are
(i) Lack of quality legal aid services for undertrial prisoners who cannot afford the services of good lawyers to defend themselves in court. While the state does provide free legal aid services to needy persons through the district legal services authorities, often the quality and consistency of these services are questionable. There are too many complaints against these lawyers about irregular appearances in courts, lack of communication with their clients about the status of their cases.
(ii) Financial system of bail that exists in our country. This means that an accused has to deposit the bail amount in the court till the end of the trial in case of cash bail, or produce a surety who can prove that he can pay the bail amount specified in the bail order in case the accused absconds. This implies that if a person is poor and cannot pay the cash bail or produce a surety, he/she will continue to languish in prison till the trial ends. This, though relaxed with the substitution of Section 436A of Crpc has becoming difficult for the undertrials to get the bail as we can see from the above data.
(iii) Delay in trial process. There are number of factors which are attributed to the delay in the trial process, one of such is the very poor judge–population ratio in India, which stands at 19 judges per million population[17], as compared to between 35 and 50 judges per million population in most advanced countries. There are some other factors which attributes the delay in trial such as Non Appearance of witness, Non Production of Accused in Courts and tactics by the advocates for protracting the case.
Legal Provisions and Judicial Attitude towards Undertrials:-
There is no specific provision in the Constitution which deals with rights of the undertrial prisoners. In order to uphold the Rule of Law and Fairness, the Supreme Court had to interpret Articles 14, 19 and 21 in Part III along with Articles 38, 39, 39A and 42 in Part IV to provide various fundamental rights available to the undertrial prisoners.
Besides the Constitutional guarantees, there are so many legal provisions which guarantee the rights to the undertrial prisoners Such as Section 41, 41A, 41B, 41C, 41D, 436, 436A of the CrPC, Section 7 and 29 of the Indian Police Act, 1861 and Section 376(1) (b) of the Indian Penal Code, 1860.
The study of the various rights of the prisoners, enunciated in the catena of judgments in the post Maneka Gandhi[18] period can be done under 3 subheadings[19]:
(a) Right to Speedy Trial
The right to speedy criminal trial is one of the most valuable fundamental rights guaranteed to a citizen under the Constitution, which is integral part of right to life and liberty guaranteed under Article 21. In Kartar Singh vs. State of Punjab[20], it was observed: The concept of speedy trial is read into Article 21 as an essential part of the fundamental right to life and liberty guaranteed and preserved under our Constitution. The right to speedy trial begins with the actual restraint imposed by arrest and consequent incarceration and continues at all stages till it consummates into finality.
In the leading case of Hussainara Khatoon v. State of Bihar[21], it was held that where the under-trial prisoners have been in jail for periods longer than the maximum term to which they could have been sentenced if convicted, then their detention in jail is unjustified and violative of Art. 21. It further held that the right to speedy trial is an integral and essential part of the fundamental right to life and liberty enshrined in Art. 21.
(b) Right to Legal Aid
It was also held in Hussainara Khatoon’s Case[22] that “Right to free legal aid as given under Art.39A was implicit in Art. 21 because a procedure which does not make available legal services to an accused person, who owing to his poverty cannot afford a lawyer and who would, therefore, have to go through the trial without legal assistance cannot possibly be treated as just, fair and reasonable procedure and is thus, violative of Art. 21.”
In Khatri v. State of Bihar[23], it was held that the legal aid should not be provided at the commencement of the trial only, but it should be provided when the person is brought before the magistrate for the first time. Lastly; in the chain of these cases ensuring justice to the prisoners, comes the case of Suk Das v. Union Territory of Arunachal Pradesh[24], which held that it was an obligation on the part of the Magistrate or Session Judge to tell the accused of his right to have a lawyer at State’s cost.
(C) Right to Compensation:-
An Undertrial Prisoner can approach the Supreme Court under Art.32 and High Court under Art.226 and claim for compensation for the violation of his rights while in custody of the police. In D.KBasu v. State of West Bengal[25], the court had talked about the right of compensation of the victims and held that “The claim in public law for compensation for unconstitutional deprivation of fundamental right to life and liberty, the protection of which is guaranteed under the Constitution, is a claim based on strict liability and is in addition to the claim available in private law for damages for tortious acts of the public servants. Award of compensation for established infringement of the indefeasible rights guaranteed under Article 21 of the Constitution is a remedy available in public law since the purpose of public law is not only to civilize public power but also to assure the citizens that they live under a legal system wherein their rights and interests shall be protected and preserved. Grant of compensation in proceedings under Article 21 and 226 of the Constitution of India for the established violation of the fundamental rights guaranteed under Article 21, is an exercise of the Courts under the public law jurisdiction for penalizing the wrong doer and fixing the liability for the public wrong on the State which failed in the discharge of its public duty to protect the fundamental rights of the citizen”.
In Rudul Sah v. State of Bihar[26], it was observed that “One of the telling ways in which the violation of that right can reasonably be prevented and due compliance with the mandate of Article 21 secured, is to mulct its violators in the payment of monetary compensation. The right to compensation is some palliative for the unlawful acts of instrumentalities which act in the name of public interest and which present for their protection the powers of the State as a shield. If civilization is not to perish in this country as it has perished in some others too well-known to suffered, it is necessary to educate ourselves into accepting that, respect for the rights of individuals is the true bastion of democracy. Therefore, the State must repair the damage done by its officers to the petitioner’s rights”.
In Bhim Singh v. State of J&K[27], the court while awarding the compensation to the victim Bhim Singh observed that, “Police Officers who are the custodians of law and order should have the greatest respect for the personal liberty of citizens and should not flout the laws by stooping to such bizarre acts of lawlessness. Custodians of law and order should not become depredators of civil liberties. Their duty is to protect and not to abduct”.
Some other Notable Cases:-
In Moti Ram v. State of Madhya Pradesh[28], the court observed that “The consequences of pre-trial detention are grave. Defendants presumed innocent are subjected to the psychological and physical deprivations of jail life, usually under more onerous conditions than are imposed on convicted defendants. The jailed defendant loses his job if he has one and is prevented from contributing to the preparation of his defence. Equally important, the burden of his detention frequently falls heavily on the innocent members of his family.”
In the case of In Re: Inhuman Conditions in 1382 Prisons[29], the Supreme Court had issued directions to setup Undertrial Review Committee in every district which should specifically look into aspects pertaining to effective implementation of Section 436 of the Code of Criminal Procedure and Section 436A of the Code of Criminal Procedure so that undertrial prisoners are released at the earliest and those who cannot furnish bail bonds due to their poverty are not subjected to incarceration only for that reason. The Under Trial Review Committee will also look into issue of implementation of the Probation of Offenders Act, 1958 particularly with regard to first time offenders so that they have a chance of being restored and rehabilitated in society
In the case of Maliyakkal Abdul Azeez v. Assistant Collector, Kerala[30], the court while examining the views of Joint committee on Sec. 428 of the CrPC observed that, “The Committee has noted the distressing fact that in many cases accused persons are kept in prison for very long period as undertrial prisoners and in some cases the sentence of imprisonment ultimately awarded is a fraction of the period spent in jail as undertrial prisoner. Indeed, there may even be cases where such a person is acquitted. No doubt, sometimes courts do take into account the period of detention undergone as undertrial prisoner when passing sentence and occasionally the sentence of imprisonment is restricted to the period already undergone. But this is not always the case so that in many cases the accused person is made to suffer jail life for a period out of all proportion to the gravity of the offence or even to the punishment provided in the statute. The Committee has also noted that a large number of persons in the overcrowded jails of today are undertrial prisoners. The new clause seeks to remedy this unsatisfactory state of affairs. The new clause provides for the setting off of the period of detention as an undertrial prisoner against the sentence of imprisonment imposed on him. The Committee trusts that the provision contained in the new clause would go a long way to mitigate the evil.“
Recommendations of Various Committees on Undertrial Prisoners:-
There have been so many recommendations made by various committees, commissions and International Organizations on the Conditions of Undertrial Prisoners. Here, I’m going to deal with 3 Recommendation Reports. They are 78th Law Commission Report, Mulla Committee on Prison Reforms and Amnesty International Report.
(i) 78th Law Commission of India Recommendations:-
The 78th Law Commission Report on Congestion of Undertrial Prisoners in Jails had made a few suggestions in respect to the mitigating the problems of the undertrials. Some of the Recommendations[31] are:-
(a) To deal with the problem of congestion of undertrials, the prisoners had to be segregated into 3 types:-
(i) Persons being tried for non-bailable offences in respect of whom courts have declined to pass an order for their release on bail.
(ii) Persons being tried for non-bailable offences in respect of whom courts have passed order for bail but who, because of difficulty of finding appropriate surety or because of some other reason, do not furnish the bail bond.
(iii) Persons who are being tried for bailable offences but who, because of the difficulty of finding appropriate surety or some reasons, do not furnish the bail bond
and to implement measures mentioned in 77th Law Commission to reduce delays and arrears in the trial courts.
(b) In order to prevent interested parties from prolonging pendency of cases, a certain amount of strictness is necessary to ensure prompt disposal.
(c) Trial Magistrates should furnish periodical statements of cases in which the accused are in custody and which are not concluded within the prescribed time.
(d) In times of some agitation, numerous persons defy law and court arrest, causing a sudden spurt in the number of undertrial prisoners. Most of them would not offer bail. Such persons should be put up for trial soon after their arrest in order to avoid congestion in jails.
(e) Quite a substantial number of persons who are being proceeded against in security proceedings for keeping peace and for good behavior are detained in jail as undertrial prisoners because of their inability to furnish the requisite bond. The cases against those persons should be heard with due promptness and despatch. Efforts should be made to conclude these proceedings within 3 months.
(f) Inordinate delay in the investigation of cases should be avoided. The diversion of police officials concerned with investigation to other duties relating to law and order should be avoided. It causes delay in investigation, as pointed out in 77th Report.
(g) Where the accused is in jail, adjournments of cases should not be granted unless absolutely necessary.
(h) There should be separate institutions for the detention of undertrial prisoners, the induction of a large population of undertrial prisoners in a building essentially meant for convicts being undesirable. However, the creation of such institution is a matter of long-term planning and of financial implications. Other steps to reduce the number of undertrial prisoners may therefore have to be taken.
(i) The question of providing for bail hostels for persons who, though ordered to be realeased on bail, cannot offer bail, has not been considered in the Report as a part from its financial implications and need for long-term planning, its prospects in the present conditions are rather remote
(ii) Mulla Committee on Jail Reforms:-
Committee on Prison Reforms headed by Justice Anand Narain had submitted a report in which it had made some of the recommendations regarding the undertrial, unconvicted prisoners. Some of the Recommendations are as follows[32]:-
(a) Lodging of under trials in jail should be reduced to bare minimum and they should be kept separate from the convicted prisoners. Since under trials constitute a sizable portion of prison population, their number can be reduced by speedy trials and liberalization of bail provisions.
(b) A Board of Visitors should be appointed in every district to visit regularly all police lockups in the district and report the conditions of the undertrials.
(c) Institutions meant for lodging the undertrial prisoners should be as close to the courts as possible. Undertrial prisoners shall not be taken to the court on foot or roped with each other
(d) Release of Accused person on personal recognizance should be encourage in certain cases.
(e) The time spent by the undertrials in the jails should be put to the benefit of both prisoner and the society. They shall be made to work and to be paid on the basis of work done.
(iii) Amnesty International Recommendations:-
Amnesty International in its report “A Study of Pre Detention Trial in India”, had made some of the Suggestions[33]. They are:-
(a) Standardize the remuneration paid to legal aid lawyers across India, and ensure that lawyers are paid competitive salaries in a timely manner.
(b) Set up a computerized database and tracking system for prisoners in all prisons, which will regularly alert prison authorities on undertrials eligible for release which will be maintained and updated at the state-level.
(c) Appoint more legal aid lawyers according the the needs of the state.
(d) Strengthen the monitoring of legal aid lawyers’ effectiveness to ensure accountability and quality representation.
(e) Ensure that legal aid lawyers at the state, district and taluk levels are required to submit regular reports on the status of their cases, and hold lawyers failing to do so accountable.
(f) Ensure that legal aid lawyers are paid on a monthly basis.
(g) Undertake regular awareness programs in prisons to ensure that all undertrials are informed about their legal rights, including access to legal aid, procedural safeguards and bail.
Other Recommendations and Conclusions:-
I believe that some of my recommendations will also contribute to mitigate the adversities and problems, which are being faced by the undertrials. They are:-
(a) At present NHRC is responsible to deal with the cases of torture in custody but the NCRB should also be included to deal with this cases so as to gather the statistical information and date more precisely.
(b) In order to uphold the justice the court has to adapt to the speedy trails where the under trail prisoners can get quick access to the justice, in which ad hoc courts shall be establishes and Special Public Prosecutors shall be appointed. The registrar of courts shall be bestowed with the duty to oversee the list of cases where the undertrials are being held in prisons for a long time.
(c) The officials who deal with prison administration at ground level comes from the minimal educational backgrounds which brings in the necessity of providing adequate training. Besides the work pressure channelizes the workforce to use inappropriate means of treating the prisoners. So, there has to be given adequate training and the knowledge of law which governs the prison administration.
(d) The cases which are compoundable in nature and the offence which are not grievous in nature should be allowed for the plea bargaining and the duty lies with the Jailer and the court.
(e) There should be prisoner unions which are capable for availing their rights.
(f) There should be real time governance through implementation of the state of art technology.
The Conditions of the undertrials are so pathetic in India. Though, this problem is not unique to India, but it must focus on finding the solutions to the problems of undertrials. With the effective implementation of the above recommendations from the committees, commissions and some of my suggestions, I believe we can reduce the problems of the undertrials.
[1] Merville Rodrigues, “Prison System in India-Reforms and Challenges”, in Parag Agrawal (ed.), Criminal Law and Justice 1779 ( Jus Dicere and Co., 2019)
[2] Justice Anand Narain Mulla, “Report of the All India Committee on Jail Reforms” 170 (1983)
[3] Aditi Palit, “An Insight into the Psychology and Legal Facet of under trial prisoners”, 10 Pen Acclaims 2(2020)
[4] Ibid.
[5] National Crime Records Bureau, “Prison Statistics India, 2018”(2019)
[6] Ibid. at xi.
[7] Ibid. at xii.
[8] Ibid.
[9] Ibid at 95.
[10] Ibid. at 117.
[11] Ibid at 94.
[12] Ibid. at 162.
[13] Ibid. at 173.
[14]Ibid. at ix.
[15] (1997) 2 SCC 642.
[16] Vijay Raghavan, “Undertrial Prisoners in India-Long wait for Justice”, 4 Economic and Political Weekly 17-18 (2016).
[17] PTI New Delhi, “India has 19 Judges per 10 Lakh People: Data”, Business Line, 2018, available at < https://ift.tt/33UrWy7 > (last visited on 08-07-2020)
[18] Maneka Gandhi v. Union of India, AIR 1978 SC 597
[19] Saket Singh, “Role of Supreme Court towards a New Prison Jurisprudence”, 6 Student Advocate 60-61 (1994)
[20] 1994 SCC (3) 569
[21] AIR 1979 SC 1369
[22] Ibid.
[23] AIR 1981 SC 928
[24] AIR 1986 SC 991
[25] AIR 1997 SC 610
[26] AIR 1983 SC 1086
[27] AIR 1986 SC 494
[28] AIR 1978 SC 1594
[29] AIR 2016 SC 993
[30] AIR 2003 SC 928
[31] Law Commission of India, “78th Report on Congestion of Undertrial Prisoners in Jails” 26-28 (1979)
[32] Supra note 2 at 174-175.
[33] Amnesty International, “Justice under Trial: A Study of Pretrial Detention in India” 23 (2017).
The post Languishing Prisons: Pretrial Detention and the Human Rights appeared first on Legal Desire.
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Coronavirus Outbreak Updates: ICMR expands list of private labs from 8 to 13 for real-time RT-PCR tests for COVID-19 in Delhi
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Coronavirus in Karnataka Latest Updates
12 more COVID-19 cases reported in Karnataka
12 more coronavirus cases were reported in Karnataka in the last 24 hours. Total number of cases in the state is at 705, including 366 discharged and 30 deaths, the state health department said.
17:46 (IST)
Coronavirus in Chandigarh Latest Updates
15 new COVID-19 cases reported in Chandigarh
The Chandigarh health department said that 15 new coronavirus cases have been reported in the union territory in last 24 hours; taking the total number of positive cases to 135.
17:35 (IST)
Coronavirus in Assam Latest Updates
Assam govt declares summer vacation from 1 to 31 May
The Assam government has decided to declare summer vacation for schools and colleges from 1 May to 31 May, said state minister Himanta Biswa Sarma.
17:26 (IST)
Coronavirus in Madhya Pradesh Latest Updates
75 DTC buses ferry migrants to MP
News18 reported that 75 buses of the Delhi Transport Corporation (DTC) are taking migrants from shelter homes back home to Madhya Pradesh. A special train to Madhya Pradesh will leave at 8 pm on Thursday.
17:18 (IST)
Coronavirus in Assam Latest Updates
Assam govt says people returning from red zone will be under institutional quarantine
Assam minister Himanta Biswa Sarma said that on Thursday, the state government has issued a notification that any person returning from a red zone district in any state will be put in institutional quarantine even if he is asymptomatic.
Coronavirus Outbreak LATEST Updates: Maharashtra health minister Rajesh Tope said that 1,362 new coronavirus cases were reported in the state on Thursday, taking the total number of cases in the state to 18,120.
Maharashtra jail authorities said that 72 inmates and seven staff members have tested positive for COVID-19 in Mumbai's Arthur Road prison.
All infected inmates will be shifted to GT Hospital and St George Hospital in guarded vehicles on Friday morning while staff members will be shifted separately, the statement said.
The ITBP said that 37 personnel posted in Delhi have tested positive for coronavirus in the last 24 hours. The total number of infected personnel in ITBP is now at 90.
The Tamil Nadu health department on Thursday said that 580 more COVID-19 positive cases and two deaths were reported in the state on Thursday. The total number of cases in the state is at 5,409, including 37 deaths. A large number of today's cases are linked to the Koyambedu market (Chennai).
The Border Security Force, in a statement on Thursday said that two of its personnel had succumbed to the coronavirus infection.
"Grief stricken with deaths of two BSF personnel during this pandemic. A critically ill patient died who had contracted infection of #COVID19 while visiting super speciality clinics for his treatment.
"Other borderman died on Monday, 4 May in Safdarjung hospital, where he was admitted on 3 May. From normal ward he was shifted to ICU on 4 May. After his death, prior to postmortem, COVID19 test was done and result came positive by late night of 6 May, Wednesday.
Reports on Thursday said that the Karnataka government has decided to restart the operation of special trains for stranded migrants to return to their native states, after the BS Yediyurappa government faced criticism over its refusal to allow migrants to leave the state.
The state government wrote to nodal officers of various states, asking for consent to operate trains to their states, as per the MHA guideline.
354 Indians stranded in the UAE will be brought back on Thursday, News18 reported, in accordance to the Centre's plan to repatriate them amid the coronavirus lockdown.
The group reportedly includes 11 pregnant women and a pair of twins, and will travel in the first two flights from the UAE to Kerala "as India begins its biggest ever repatriation exercise to bring back its citizens stranded abroad amidst the international travel lockdown over the coronavirus pandemic."
Vizianagaram district in Andhra Pradesh reported its first three cases of the novel coronavirus after almost two months since the first positive case was reported in the State, The Hindu reported.
It was the only green zone district in the State until now as declared by the Centre.
To assess the COVID-19 situation in Mumbai, Lav Agarwal, an IAS officer in the Ministry of Health and Welfare, is expected to reach the financial capital on Thursday, News18 reported.
The Central government sent a review team led by the joint secretary, including eight doctors.
Mumbai remained the worst COVID-affected city along with Pune and Thane in Maharashtra, amid rising number of confirmed cases and deaths. Apart from these, Delhi, Ahmedabad and Surat in Gujarat also some of the worst-affected cities across the country.
With 56 more people testing positive for the novel coronavirus in Andhra Pradesh in the past 24 hours, the total confirmed cases in the state climbed to 1,833 on Thursday. While, 39 COVID-19 patients have succumbed to the viral infection in the state so far.
"As many as 51 people have been discharged in the past 24 hours, the total discharged are 780 till date," ANI quoted the state health department as saying. Therefore, the recovery rate was at 43 percent.
An undertrial and two prison guards have tested positive for COVID-19 at Mumbai Central Prison, triggering fears of a possible infection hotspot.
As many as 150 others, including over 15 staffers and senior prison officials who came in close proximity with the three, have undergone tests, with results expected on Thursday, Inspector General (Prisons) Deepak Pandey was quoted as saying by Indian Express.
With Indians stranded in the Middle East to be evacuated from Thursday, elaborate safety measures have been put in place at Cochin International Airport Limited (CIAL), where the first flight from Abu Dhabi is expected to land at 9.40 pm on Thursday.
Odisha on Thursday reported the "highest number of COVID-19 cases" in a day as 20 people, who recently returned from Surat, tested positive for COVID-19, an official said.
With these new cases, the total number of people afflicted with the disease has climbed to 205, he said.
Maharashtra chief minister Uddhav Thackeray has called a COVID-19 review meeting with all party members and Opposition leaders on Thursday at 2 pm, The Times of India reported.
The chief minister is likely to discuss the mitigation and exit plan for COVID-19 pandemic situation.
According to the Maharashtra Health Department, of the 34 new fatalities reported in the state on Wednesday, 26 COVID-19 patients succumbed to the infection in Mumbai alone. This takes the toll in the city to 412.
Three deaths were reported from Pune. The cumulative fatalities in the district have risen to 122.
The total number of cases of the novel coronavirus in Rajasthan climbed to 3,355 after 38 more people tested positive for COVID-19 on Thursday. The viral infection claimed two more lives, taking the toll in the state to 95, said the health department.
Otavio Rego Barros, spokesman for Brazilian President Jair Bolsonaro, has tested positive for the novel coronavirus on Thursday.
The 59-year-old former army general "is home following all recommended protocols" after his positive test result was confirmed on Tuesday, the president's office says.
The Koyambedu market has been linked to more than 500 cases in several districts of Tamil Nadu state and adjacent Kerala state. Over 7,000 people with connections to the market are being traced and quarantined, says J Radhakrishnan, the leader of Chennai's response to the coronavirus.
The total number of COVID-19 cases in India climbed to 52,952 while, 1,783 patients succumbed to the infectious disease. Of the total confirmed cases, there are 35,902 active cases.
The recovery rate stood at 29 percent after 15,266 COVID-19 patients were discharged, according to the latest data released by Health Ministry.
The number of active COVID-19 cases are growing faster at 6.6 percent now, leading to a shorter doubling time of 11 days, as compared to 15 days on 2 May when the growth rate for such cases was 4.8 percent, according to the data analysis by economist Shamika Ravi, earlier part of the Prime Minister’s Economic Advisory Council.
The West Bengal government has identified over 92,000 cases of influenza-like illness and 870 people with severe acute respiratory illness across the state, findings that serve as "early warning signals" in the fight against COVID-19, Chief Minister Mamata Banerjee said.
Mamata said the results were the outcome of her government's extensive door-to-door surveillance over a month in April, covering over 5.5 crore households, and the exercise will continue "till the virus is defeated".
India's tally of confirmed coronavirus cases neared the 50,000-mark on Wednesday with a large number of healthcare professionals and security personnel testing positive amid the worsening spread of the virus.
Meanwhile, authorities flagged high fatality rates in states like West Bengal, Gujarat, and Maharashtra.
While the Kerala government said that no new infection was reported on Wednesday, Maharashtra reported a record single-day increase of more than 1,200 in its number of cases.
The evacuation exercise to bring back Indians stranded abroad is set to begin on Thursday, with five Air India flights scheduled to bring nationals back from Saudi Arabia.
Fuel, liquor prices increase as govts deal with damage to economy
The economic cost of the pandemic also began to hit the people with a sharp increase in fuel prices. Looking to shore up their dwindling resources, more states announced higher taxes on liquor sales, while Punjab pegged its overall revenue loss for the month of April at 88 percent due to all its tax revenues having dried up and only 1.5 percent the industry being operational.
Industry sources in various parts of the country told PTI that they were wary of opening their plants and offices due to concerns over the movement of their staff, suppliers, transporters and vendors till the nationwide lockdown, which has been been extended till 17 May, gets completely lifted.
While announcing the third phase of the lockdown, the government had provided relaxations in restrictions in a bid to get the industrial and agricultural activities restarted, but not much has changed on the ground because only a few companies, especially in the manufacturing sector, resuming their operations in a limited way.
The country's largest carmaker Maruti Suzuki India on Wednesday said it would resume operations at its Manesar plant in Haryana from 12 May.
Total cases near 50,000-mark
There are widespread fears that the virus spread may get worse with easing of the lockdown measures, as the number of cases have been rising continuously across most of the major urban centres of the country.
While the Health Ministry stopped giving an evening update of the COVID-19 tally from Wednesday, its morning update showed the deaths rising to 1,694 and the number of cases climbing to 49,391, registering an increase of 126 deaths and 2,958 cases since Tuesday morning.
It also showed more than 15,000 people having recovered, giving a recovery rate of nearly 29 percent.
However, a PTI tally of figures reported by different states and union territories till 9 pm put the total number of confirmed cases at 51,435 and the toll at 1,694.
While Maharashtra has reported the maximum number of cases and fatalities, Gujarat, Madhya Pradesh, West Bengal, Rajasthan Delhi, Uttar Pradesh, Andhra Pradesh, Tamil Nadu, Telangana, Karnataka and Punjab are among other major states affected badly by the virus.
Kerala also has reported more than 500 confirmed cases so far, but it did not report a single new case on Wednesday and the state government officials said the number of active patients is now only 30 as a big majority of COVID-19 patients have recovered.
Health minister Harsh Vardhan also expressed concern over the high fatality rate among COVID-19 patients in some districts of Maharashtra and Gujarat and asked the states to focus on early surveillance, aggressive contact tracing and early diagnosis to reduce the number of deaths in the areas.
Maharashtra reports highest single-day jump in COVID-19 cases
Maharashtra reported 1,233 new COVID-19 cases on Wednesday, taking its tally to 16,758, while 34 more deaths raised the toll to 651, a health department official said. Mumbai alone has more than 10,500 cases now.
Gujarat reported 380 new cases and 28 more deaths during the day, taking its total case count to 6,625 and the number of fatalities to 396.
This included 291 new cases and 25 more deaths in Ahmedabad alone, where the civic authorities have ordered closure of all shops except those selling milk and medicines for a week.
Separately, the MHA also wrote to the West Bengal government that the COVID-19 response in the state was "characterised by a very low rate of testing and a very high rate of mortality of 13.2 percent", which it said was by far the highest for any state.
The ministry also flagged instances of overcrowding in markets, free movement of people in large numbers without masks, bathing of people in rivers, people playing cricket and football, serious laxity in enforcing lockdown measures in containment zones, plying of rickshaws without any restriction, saying these were grave violation of lockdown instructions and social distancing norms.
West Bengal chief minister Mamata Banerjee said her government has identified over 92,000 cases of influenza-like illness and 870 people with severe acute respiratory illness across the state, findings that serve as "early warning signals" in the fight against COVID-19.
Banerjee said the results were the outcome of her government's extensive door-to-door surveillance over the last one month, covering over 5.5 crore households, and the exercise will continue "till the virus is defeated".
Meanwhile, the Karnataka Congress slammed the state government for cancelling the special trains to transport stranded migrant workers back to their native states.
548 medical staff members have tested positive for COVID-19 so far, says Centre
Official sources said around 548 doctors, nurses and paramedics across the country have been found to be positive for the infection so far. This includes 69 doctors in the National Capital.
However, this figure does not include field workers, ward boys, sanitation workers, security guards, lab attendants, peons, laundry and kitchen staff among others and the figures may be much higher after taking these people into account.
Also, at least 154 personnel of the Border Security Force (BSF) have tested positive for coronavirus, including 85 cases that were detected on Wednesday.
These include more than 60 deployed for law and order duties in the Jamia and Chandni Mahal area of the National Capital, and six from the escort team of the inter-ministerial central team (IMCT) that toured West Bengal to check COVID-19 containment measures in the state.
At least 37 infected personnel are from the Tripura frontier of the force.
In the meantime, the Delhi government ordered the release of 4,000 Tablighi members who have completed their required quarantine period in centres, PTI reported.
A huge congregation of 'Tablighi Jamaat' in Delhi's Nizamuddin area earlier in March was seen as a major hotspot for the virus spread, after which there were also several cases of Muslims getting targeted and blamed by some for the pandemic.
Thousands of the Jamaat members were subsequently traced in various parts of the country and quarantined, including around 4,000 in Delhi itself.
While nearly 900 of those being released from quarantine are from Delhi itself, the rest are from other states and would be sent back to their home states. A majority of them hail from Tamil Nadu and Telangana.
Trump says US' COVID-19 team not dismantling
One day after saying that the White House COVID-19 task force would be winding down, President Donald Trump said Wednesday it would continue indefinitely but focus more on rebooting the economy.
Trump’s reversal comes as deaths and infection rates outside of New York, the epicenter of the coronavirus, are rising even as states move to lift their lockdowns.
Trump tweeted that the special task force’s focus now would be on “SAFETY & OPENING UP OUR COUNTRY AGAIN.”
A White House official acknowledged on Wednesday that signaling that the task force was preparing to shut down had sent the wrong message and created a media maelstrom.
On Tuesday, Trump had praised the task force for doing a great job, but said “we’re now looking at a little bit of a different form, and that form is safety and opening. And we’ll... we’ll have a different group probably set up for that.”
With inputs from agencies
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Charged with anti-terror law, pregnant woman sent to jail
Safoora Zargar, a research scholar from Jamia Millia Islamia (JMI) university, spent her first day of Ramadan in the high-security Tihar jail in the Indian capital, New Delhi. The 27-year old, in the second trimester of her first pregnancy, was arrested on April 10 and subsequently charged under the stringent anti-terror law, the Unlawful Activities Prevention Act, 2019 (UAPA), by the Delhi police. Zargar was associated with the Jamia Coordination Committee (JCC), which organised weeks of peaceful protests in the capital against a citizenship law passed last December. Activists say the Citizen Amendment Act (CAA) discriminates against the country's 180 million Muslim minority and runs against the country's secular constitution. Police accuse Zargar of being a key "conspirator" in the February violence that erupted in northeast Delhi after supporters of the Hindu nationalist government attacked peaceful sit-ins. At least 53 people were killed, mostly Muslims, in the worst violence in the capital since the 1984 anti-Sikh riots. "She was the strongest women voice in the JCC but, she wasn't there to just be in the spotlight unlike some others", said Kausar Jan, an art student, who along with others had painted protest art on the walls of the university. Speaking to a media team, one of Zargar's teachers described her as "outspoken and hard working". "I really hope that the judiciary will consider her academic record and her medical condition and release her soon," she said, requesting to remain anonymous. A member of the JCC, who also wished to remain anonymous, said the arrests amid the coronavirus pandemic were to ensure that the anti-CAA movement died a slow death, even after the lockdown is lifted. On February 10, Zargar had fainted after being caught in a scuffle between the police and students, and had to be hospitalised briefly. "Since then, with her advancing pregnancy a concern, she had gradually restricted her physical movement. And after the outbreak of COVID-19 she had virtually stopped stepping out of the house except for essential work. She was mostly working from home," her husband, who requested his name not be used, told a media team. The Tihar prison complex in New Delhi is one of India's most overcrowded prisons with nearly double the number of inmates than it can accommodate. The COVID-19 outbreak has led to Indian courts ordering the release of those who have not been to trial but Zargar, charged with as many as 18 crimes including rioting, possession of arms, attempt to murder, incitement of violence, sedition, murder, and promoting enmity between different groups on grounds of religion, is not eligible for an early release. "In fact, we had secured bail in the Jaffrabad case where she had been accused of leading women and children to protest and disrupt traffic," her lawyer, who also withheld his name, said. But, before she could be released, police arrested her in another case. They refused to disclose what the exact charges were against her, or even the material which formed the basis for her arrest. It was after the court ordered that charges and material be disclosed that the police invoked UAPA against Zargar. "Incarcerating her despite her pregnancy on the basis of vague charges is a grave miscarriage of justice," her lawyer said. A media team called Delhi Police PRO MS Randhawa, who referred to a statement issued by the police last week. On April 20, the police tweeted that all arrests in relation to the Delhi riots were in compliance with the law and based on scientific evidence, warning that "it will not be deterred by false propaganda and rumours…".
Justice in time of pandemic
Concerns are being raised about limited access to justice during the coronavirus pandemic. Visits to prisons by lawyers and families have been banned. After several days, the court allowed Zargar's lawyer to speak to her over the phone. "I am aghast to learn that in the name of quarantine, Safoora is being kept in solitary confinement! Can you imagine the psychological toll this will take on her? She told me that she had made five applications to speak telephonically to her husband but was denied each time by citing COVID-19 protocols," the lawyer said. The lawyer is worried that Zargar is suffering from medical and dietary negligence. UAPA is often characterised by activists as 'the process which is the punishment'. It allows police up to six months to file charges against the accused - as against three months under regular criminal law. Using it against an ordinary student such as Zargar has raised serious concerns about the Delhi police's impartiality. "This case shows that diminished access to justice during the lockdown is being used to implicate and imprison student activists who led the peaceful anti-CAA protests," said Vrinda Grover, a Supreme Court advocate. "Given her pregnant condition she is at high risk and having been sent to jail by a court order, the court is fully responsible that as an undertrial, her health is in no way harmed in judicial custody," Grover said. Zargar's family marked the first day of Ramadan with sadness and anxiety. "It would have been a very joyful occasion given that we are expecting our first child. All we did was pray for her safety and quick release. In her condition she needs care, not jail," her husband told to a media team. Read the full article
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Murder convict killed by undertrial prisoner in UP jail over use of toilet
Murder convict killed by undertrial prisoner in UP jail over use of toilet
Muzaffarnagar (UP), Mar 4 (PTI) A man, serving a life term after being convicted of killing his wife, has allegedly been beaten to death by an undertrial prisoner after a spat over the use of toilet in Saharanpur district jail, officials said Monday.
Mohd Azam, who was serving the life sentence in his wife’s murder case, was killed Sunday, Saharanpur District Jail Superintendent Viresh Raj…
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Delhi Court Grants Bail To Undertrial, Asks To Install Aarogya Setu App
http://www.liveindiatimes.com/delhi-court-grants-bail-to-undertrial-asks-to-install-aarogya-setu-app/
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The court also directed the accused not to tamper with the evidence. (Representational)
New Delhi:
A Delhi court has granted interim bail to an undertrial prisoner arrested in a murder case, while directing him to install the ”Aarogya Setu” app on his phone.
Additional Sessions Judge Naveen Kumar Kashyap on Saturday granted relief to accused Ravi Dhika on his plea that he had to take care of his ailing wife who was undergoing treatment as there was no one else to take care of her.
The court’s order came after the investigating officer confirmed that the contention made by the accused about his wife’s treatment was true.
Besides directing him to install the “Aarogya Setu” app on his mobile phone, the court also asked him to keep the GPS location and Bluetooth of his mobile phone on at all times during the period of release.
The court also directed Ravi Dhika not to tamper with the evidence, influence the witnesses or flee from justice. It also directed the accused to appear before the SHO concerned every Monday by sharing his mobile location.
The court further directed him to surrender before the jail superintendent after the period of interim bail is over.
“Applicant is further directed to install “Aarogya Setu” app on his mobile phone and will keep location, GPS as well as Bluetooth on all the time during the period of such interim bail,” the court said.
The interim bail was conditional on the accused furnishing a personal bond and surety of Rs 20,000 each.
The accused was in custody in connection with an FIR for the commission of offences punishable under sections pertaining to murder and criminal conspiracy of Indian Penal Code (IPC).
World
46,65,797Cases
26,44,817Active
17,08,638Recovered
3,12,342Deaths
Coronavirus has spread to 188 countries. The total confirmed cases worldwide are 46,65,797 and 3,12,342 have died; 26,44,817 are active cases and 17,08,638 have recovered as on May 17, 2020 at 10:06 pm.
India
90,927 4987Cases
53,946 911Active
34,109 3956Recovered
2,872 120Deaths
In India, there are 90,927 confirmed cases including 2,872 deaths. The number of active cases is 53,946 and 34,109 have recovered as on May 17, 2020 at 8:00 am.
State & District Details
State Cases Active Recovered Deaths Maharashtra
DistrictCases
Mumbai3029
Pune660
Thane465
Nashik96
Nagpur76
Mumbai Sub Ur67
Yavatmal32
Aurangabad30
Sangli27
Ahmednagar27
Sholapur21
Buldhana21
Palaghar17
Akola17
Raigad17
Satara14
Kolhapur8
Latur8
Ratnagiri7
Amravati6
Jalgaon3
Osmanabad3
Sindhudurg (kudal)2
Chandrapur2
Dhule2
Beed1
Washim1
Parbhani1
Jalna1
Nandurbar1
Gondia1
Hingoli1
Details Awaited*26042
30706 1606
22483 1015
7088 524
1135 67
Gujarat
DistrictCases
Ahmedabad1298
Surat338
Vadodara188
Rajkot40
Bhavnagar32
Anand28
Bharuch23
Gandhi Nagar17
Patan15
Narmada12
Panchmahal11
Banaskantha10
Arvalli8
Chhota Udepur7
Kutch6
Mehsana6
Botad5
Porbandar3
Mahisagar3
Kheda3
Gir Somnath3
Dahod3
Sabarkantha2
Valsad2
Morbi1
Jamnagar1
Tapi1
Details Awaited*8922
10988 1057
6055 765
4308 273
625 19
Tamil Nadu
DistrictCases
Chennai303
Coimbatore133
Tiruppur109
Dindigul76
Erode70
Tirunelveli62
Chengalpattu53
Tiruchirapalli50
Namakkal50
Thiruvallur48
Thanjavur46
Madurai46
Nagapattinam44
Theni43
Karur42
Ranipet39
Villupuram36
Thoothukudi27
Thiruvarur27
Cuddalore26
Tenkasi26
Salem24
Vellore22
Virudhunagar19
Tirupattur17
Nagerkoil (kanyakumari)16
Sivagangai12
Tiruvannamalai12
Ramanathapuram11
Udagamandalam9
Kancheepuram9
Perambalur5
Ariyalur4
Kalllakurichi3
Pudukottai1
Details Awaited*9065
10585 477
6973
3538 939
74 3
Delhi
DistrictCases
Tj From Quaritine1080
Central Delhi184
South East130
West Delhi122
South Delhi70
North Delhi60
Shahadara48
South West Delhi42
East Delhi38
New Delhi37
North West Delhi32
North East Delhi25
Details Awaited*7465
9333 438
5278 24
3926 408
129 6
Rajasthan
DistrictCases
Jaipur537
Jodhpur228
Bharatpur102
Kota99
Tonk95
Banswara60
Iran Evacuees60
Nagaur58
Jhunjhunu37
Bikaner35
Jaisalmer32
Bhilwara28
Ajmer23
Jhalawar20
Churu14
Dausa13
Alwar7
Dungarpur5
Sawai Madhopur5
Udaipur4
Hanumangarh3
Karauli3
Pali2
Pratapgarh2
Sikar2
Dholpur1
Barmer1
Details Awaited*3484
4960 233
1995 70
2839 162
126 1
Madhya Pradesh
DistrictCases
Indore915
Bhopal277
Khargon41
Dhaar41
Khandwa (east Nimar)32
Ujjain29
Raisen29
Hoshangabad25
Jabalpur25
Barwani24
Dewas18
Vidisha13
Ratlam13
Morena13
Mandsaur9
Agar8
Shajapur6
Sheopur-kalan4
Alirajpur3
Gwalior3
Sagar2
Shivpuri2
Chindwara2
Betul2
Rajgarh1
Dindori1
Tikamgarh1
Details Awaited*3250
4789 194
2231 158
2315 32
243 4
Uttar Pradesh
DistrictCases
Agra241
Lucknow167
Gautam Budha Nagar98
Meerut75
Saharanpur72
Kanpur59
Firozabad58
Moradabad58
Ghaziabad41
Shamli26
Bijnor26
Basti19
Bulandshahar18
Sitapur17
Hapur17
Amroha17
Baghpat15
Rampur15
Varanasi14
Budaun13
Azamgarh7
Auraiya7
Sambhal7
Mathura6
Maharajganj6
Ghazipur6
Kannauj6
Pratapgarh6
Bareilly6
Muzaffar Nagar5
Jaunpur5
Lakhimpur Kheri4
Mainpuri4
Hathras4
Kanshi Ram Nagar (kasganj)3
Mirzapur3
Etah3
Etawah3
Kaushambi2
Banda2
Pilibhit2
Hardoi2
Rae-bareilly2
Unnao1
Sultanpur1
Bara-banki1
Sant Kabir Nagar1
Shahjahanpur1
Sant Ravi Das Nagar (bhadoi)1
Mau1
Gonda1
Allahabad1
Details Awaited*3082
4258 201
1713
2441 276
104 9
West Bengal
DistrictCases
Kolkata184
Howrah79
North 24 Parganas46
Purba Mednipur21
Hooghly12
South 24 Parganas9
Kalimpomg7
Paschim Burdwan7
Nadia6
Jalpaiguri5
Darjeeling4
Paschim Mednipur4
Diamond Harbour-hd3
Murshidabad2
Basirhat-hd1
Purba Burdwan1
Nandigram-hd1
Details Awaited*2184
2576 115
1472 65
872 43
232 7
Andhra Pradesh
DistrictCases
Kurnool158
Guntur128
Krishna76
Nellore67
Prakasam44
Kadapa37
West Godavari35
Anantapur29
Chittoor28
East Godavari24
Visakhapatnam20
Details Awaited*1709
2355 48
953
1353 101
49 1
Punjab
DistrictCases
Sasnagar61
Jalandhar48
Patiala26
Pathankot24
Nawanshahr (sbs Nagar)19
Ludhiana16
Amritsar11
Mansa11
Hoshiarpur7
Moga4
Rupnagar3
Sangrur3
Faridkot3
Kapurthala2
Barnala2
Fatehgarh Sahib (sarhind)2
Muktsar1
Gurdaspur1
Firozepur1
Details Awaited*1701
1946 11
657
1257 952
32
Telangana
DistrictCases
Hyderabad472
Suryapet75
Nizamabad56
Vikarabad36
Hyderabad Rural (ranga Reddy)35
Gadwal (jogulamba)32
Medchal30
Warangal25
Adilabad19
Karimnagar19
Nirmal18
Yadadri15
Nalgonda15
Mahaboobnagar12
Kamareddy11
Sangareddy8
Khammam7
Medak6
Asifabad (komarambhim)5
Kothagudem (badadri)4
Jagityal3
Siricilla (rajanna)3
Bhupalpally (jayashanker)3
Nagarkurnool2
Peddapally2
Mulugu2
Janagoan2
Siddipet1
Mahabubabad1
Details Awaited*590
1509 55
504 43
971 12
34
Bihar
DistrictCases
Siwan29
Nalanda28
Munger20
Begusarai9
Patna7
Gaya5
Buxar4
Gopalganj3
Nawada3
Bhagalpur1
Bhojpur1
Lakhisarai1
Saran1
Vaishali1
Details Awaited*1066
1179 161
719 146
453 15
7
Jammu And Kashmir
DistrictCases
Bandipora81
Srinagar79
Baramulla43
Kupwara31
Jammu27
Shopian22
Udhampur20
Ganderbal14
Badgam13
Kulgam6
Rajouri4
Samba4
Anantnag3
Pulwama3
Details Awaited*771
1121 108
567 78
542 29
12 1
Karnataka
DistrictCases
Mysuru84
Bbmp66
Belagavi42
Vijayapura32
Kalburgi27
Bengaluru (u)23
Bagalkote21
Chikkaballapur16
Bidar15
Dakshin Kannada14
Ballari13
Mandya12
Bengaluru (r)12
Uttara Kannada11
Dharwad7
Gadag4
Udupi3
Tumakuru2
Davanagere2
Kodagu1
Chitradurga1
Details Awaited*684
1092 36
560 20
496 16
36
Haryana
DistrictCases
Nuh57
Faridabad42
Gurgaon38
Palwal34
Panchkula18
Ambala12
Sonepat7
Karnal6
Panipat5
Sirsa4
Yamunanagar3
Bhiwani3
Kurukshetra2
Kaithal2
Jind2
Hissar2
Rohtak1
Fatehabad1
Charkhi Dadri1
Details Awaited*647
887 69
360
514 75
13 2
Odisha
DistrictCases
Khurda (bhuvaneshwar)46
Bhadrak8
Balasore3
Jajpur2
Kalahandi2
Kendrapara2
Sundargarh2
Cuttack1
Dhenkanal1
Puri1
Details Awaited*669
737 65
538 35
196 30
3
Kerala
DistrictCases
Kasaragode170
Cannanore(kannur)92
Ernakulam24
Kozhicode (calicut)20
Malappuram20
Pathanamthitta17
Thiruvananthapuram14
Thrissur13
Idukki10
Kollam9
Palakkad8
Alappuzha5
Kottayam3
Wyanad3
Details Awaited*179
587 11
88 8
495 3
4
Jharkhand
DistrictCases
Ranchi25
Bokaro10
Hazaribagh3
Dhanbad2
Simdega2
Deoghar1
Giridh1
Koderma1
Details Awaited*172
217 14
101
113 26
3
Chandigarh
DistrictCases
Chandigarh26
Details Awaited*165
191
137
51 14
3
Tripura
DistrictCases
Gomati1
North Tripura1
Details Awaited*165
167 11
103
64 22
0
Assam
DistrictCases
Golaghat9
Marigaon6
Dhubri4
Goalpara4
Nalbari4
Kamrup Metro2
Cachar1
Hailakandi1
Kamrup1
Karimganj1
Lakhimpur1
S Mancachar1
Details Awaited*57
92 2
49 2
41
2
Uttarakhand
DistrictCases
Dehradun24
Nainital9
Haridwar7
Udhamsingh Nagar4
Almora1
Pauri Garhwal1
Details Awaited*42
88 6
36 6
51
1
Himachal Pradesh
DistrictCases
Una16
Solan9
Chamba6
Kangra5
Hamirpur2
Sirmaur1
Details Awaited*39
78 2
32
43 4
3
Chhattisgarh
DistrictCases
Korba28
Raipur5
Bilaspur1
Durg1
Rajnandgaon1
Details Awaited*31
67 1
11 1
56
0
Ladakh
DistrictCases
Leh (ladakh)14
Details Awaited*29
43
21
22
0
Andaman And Nicobar Islands
DistrictCases
South Andaman16
Details Awaited*17
33
0
33
0
Goa
DistrictCases
North Goa6
South Goa1
Details Awaited*10
17 2
10 2
7
0
Puducherry
DistrictCases
Puducherry6
Details Awaited*7
13
3
9
1
Meghalaya
DistrictCases
East Khasi Hills11
Details Awaited*2
13
1
11
1
Manipur
DistrictCases
Imphal West1
Thoubal1
Details Awaited*5
7 4
5 4
2
0
Mizoram
DistrictCases
Aizwal West1
1
0
1
0
Arunachal Pradesh
1
0
1
0
Dadar And Nagar Haveli
DistrictCases
Details Awaited*1
1
1
0
0
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