Uttarakhand HC: Shifting Prisoners away from families to Different Jails Unfair

Uttarakhand High Court Shifting Jails prisoners Article 21 Constitution

Shivani Gadhavi-

Published On: November 18, 2021 at 19:35 IST

On 17th November 2021, the Uttarakhand High Court perceived that the shifting of prisoners from jails that are easily accessible to their families to jails far away from that region is unfair to both, the families and the member of the family who is in jail and is a violation of Article 21 of the Indian Constitution.

A High Court Bench of Justices Raghvendra Singh Chauhan and Alok Kumar Verma was hearing on an Affidavit filed by Secretary (Home) and Inspector General of Prisons, during which it stated that due to Overcrowding of Jails the government has been transferring Prisoners to jails located in plain districts from mountainous areas.

The Bench remarked, “Generally, the prisoners should not be transferred far away from their family. For, it is imperative that the familial relationship should continue be between the prisoner and his family despite the fact that the prisoner is incarcerated. The family relationship is essential not only for the emotional support of the prisoner, but also as a means to reform the prisoner, and to motivate him or her to reform him or herself to the extent that he or she can be brought back into the society as a law-abiding citizen.”

The High Court Bench noted that although it is true that overcrowding of jails is a valid reason, it seems no solution coming from the government’s side for this issue.

The Court ordered the Inspector General of Prisons to pay a visit to every prison in the State of Uttarakhand and submit a detailed report stating the current condition of the jails and his opinions for improvement and reformation of the jails.

Click Here to Read/Download the Order

Also Read: Supreme Court expresses concern over “Sorry State of affairs” in Tihar Jail

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