In a landmark judgment, the Madras High Court condemned the alleged mistreatment of prisoners within the Central Prison, Vellore. The court ruled that prisoners must not be treated as slaves, emphasizing that “any kind of torture to any fellow human being should be shunned.” The decision was delivered by a division bench comprising Justice S.M. Subramaniam and Justice V. Sivagnanam in the case of S. Kalavathi vs. State (W.P. No. 19668 of 2024).
Background of the Case
The writ petition was filed by S. Kalavathi, the mother of Mr. Sivakumar, a life convict in Central Prison, Vellore. The petition, represented by advocate Mr. P. Pugalenthi, sought a directive for urgent medical treatment for Sivakumar, citing alleged assault and solitary confinement inflicted by prison officials. Sivakumar was sentenced to life imprisonment in S.C. No. 123 of 2014, confirmed by the High Court.
Kalavathi claimed that her son was assaulted by prison wardens following accusations of theft from the Deputy Inspector General (DIG) of Prisons’ residence. She alleged that her son, among other convicts, was forced to perform domestic work at the DIG’s residence, contrary to prison rules. The petitioner highlighted that repeated requests for medical assistance and visitation were denied.
Key Legal Issues
The case revolved around several critical legal issues, including:
1. Misuse of Prisoners for Personal Work: The court examined whether prison officials could employ convicts for personal chores, particularly outside prison walls.
2. Violation of Prisoners’ Rights: Allegations of solitary confinement and torture raised questions about fundamental rights, human rights, and violations of the Tamil Nadu Prison Rules, 1983.
3. Accountability of Prison Authorities: The court assessed whether sufficient oversight mechanisms were in place to prevent abuse of power within prisons.
Court’s Observations and Findings
The court’s observations were anchored in the principles of human rights and justice for prisoners. It stated:
– “Prisoners are not slaves, nor should they be tortured in inhumane ways… Such brutal torture is against the essence of the right to life of any individual.”
– The judges underscored that prisons should facilitate reform, not perpetuate subjugation or mental trauma, emphasizing that “the object of jails is reformation, not subjugation.”
The court also stressed that the responsibility of prison authorities is not only to secure inmates but also to ensure their basic rights and welfare. The court described the mistreatment of prisoners as an “abuse of power” that contradicts the core principles of the criminal justice system.
Directions Issued by the Court
In its final ruling, the court ordered the following:
1. Investigation by CBCID: The Crime Branch-Crime Investigation Department (CBCID) was instructed to conduct a thorough investigation into the allegations of torture and misuse of convicts for domestic work. A criminal case was registered under FIR No. 1 of 2024.
2. Disciplinary Proceedings: The Director General of Prisons was directed to initiate departmental disciplinary proceedings against implicated officers, ensuring swift action in line with the law.
3. Regular Inspections: The court mandated frequent inspections to prevent the use of prisoners for personal chores in officials’ residences, with immediate action on complaints.
