The Supreme Court recently addressed measures to reduce the inmate populations of prisons, correction homes and detention centres amidst the COVID-19 pandemic in a suo motu hearing. The following sections break down the key rulings and implications of this critical hearing.
Setting Up Special Committees For Bail or Parole
Initially, the bench ordered all States and Union Territories to establish special committees dedicated to examining the cases of prisoners. This examination would involve a shortlisting process to identify those who could potentially be granted bail or parole. However, the progression of the pandemic required further clarifications on this directive.
Denial of Release for Covid-19 Positive Prisoners
In these subsequent orders, the Supreme Court ruled against releasing prisoners currently on interim bail or parole who have tested positive for Covid-19. Grounding this decision in public health concerns, it was deemed too risky to release infected individuals and potentially exacerbate the spread of the virus.
Release Conditions for Detainees in Foreigners’ Detention Centres
Particular attention was given to the foreigners’ detention centres in Assam, where the Court ordered the release of detainees who had been held there for two years due to the pandemic. A revision of an earlier order from May 2019 allowed these detainees to provide a bond of Rs. 5,000 instead of the previously stated Rs. 1 lakh. Moreover, the released detainees were also asked to present two Indian citizens as sureties for their release.
Objections and Concerns from Central Government
Despite these orders, the central government voiced objections on the grounds that the released detainees would reintegrate into the local population. Their concerns centered on the potential health risks this could pose, particularly in the context of the ongoing pandemic.
Testing Requirements Before Release
To address such concerns, the Supreme Court ordered that COVID-19 testing should be a prerequisite for the release of all prisoners. This contributes to ensuring public safety by preventing the inadvertent release of infected individuals into the wider community.
Post-release Quarantine Procedures
The orders further dictated that released prisoners who are later found to be suffering from COVID-19 are to be immediately placed in an appropriate quarantine facility by the respective authorities. Hence, even upon release, there are established measures to minimize the spread of infections.
Social Distancing Norms in Prisoner Transportation
Lastly, the Supreme Court underlined the importance of maintaining social distancing norms during prisoner transportation procedures. That is to say, any form of prisoner transfer or release must be in full compliance with the health and safety regulations in response to COVID-19.
The recent rulings by the Supreme Court represent a balancing act between upholding the rights of prisoners and protecting public health amidst a global pandemic. These measures to decongest prisons are necessary steps to control the spread of the virus within confined spaces like prisons while ensuring minimum risk to the public.
