Inspiration
May 7, 2021
In response to the spread of COVID-19, the Supreme Court of India took suo motu cognizance to address the severe risk of contagion in overcrowded prisons. In its ongoing proceedings under Suo Motu Writ Petition (C) No.1/2020, the Court issued several directives aimed at safeguarding the health of inmates and jail staff.
Key actions included directing State Governments and Union Territories to establish High-Powered Committees to assess which prisoners could be released on interim bail or parole. The Committees were instructed to prioritize inmates based on the nature of their offenses, sentence duration, and vulnerability to COVID-19. By doing so, the Court sought to decongest prisons, which house over 400,000 inmates across India, many of which exceed optimal capacity.
Recognizing the spike in COVID-19 cases in 2021, the Court reiterated its focus on reducing prison populations and ensuring that adequate sanitation, healthcare, and testing measures are in place. The ruling also urged prison authorities to conduct regular health checks for both inmates and staff and called for transparency by publishing prison occupancy data online.
This intervention highlights the Court's role in balancing criminal justice and the right to health during the pandemic, underscoring the need for ongoing decongestion efforts to protect the most vulnerable populations in prison facilities.
