State of Jharkhand vs Vikash Tiwary @ Bikash Tiwary @ Bikash Nath 2025 INSC 79 - Art. 21 Constitution - Prison Reforms
Constitution of India - Article 21 - The prison administration needs to be reformed for creating a better environment and prison culture to ensure the prisoners enjoy their right to dignified life under Article 21. It is essential to continuously monitor the physical conditions prevailing in the prison, compliance with basic and fundamental rights of the prisoners, etc. The State recognizes that a prisoner loses his right to liberty but still maintains his right to be treated as a human being and as person. His human dignity shall be maintained and all basic amenities should be made available to him. Discipline and order shall be maintained with firmness, but with no more restriction than is necessary for safe custody and well-ordered community life, with due regard to the maintenance of the rights of prisoners. Thus, the objective of reforms and rehabilitation of the prisoners has to be pursued diligently- The State of Jharkhand shall, if not already done, formulate or expedite the formulation of a Jail Manual incorporating the applicable provisions of the 2016 Model Prison Manual, for effective prison administration and ensure its strict compliance by the prison authorities. (Para 17-18)
Prisoners Act, 1900 - Inspector General of Prisons, has discretion to transfer a prisoner from one prison to another or from one class to another. The only caution, we may add, is that such discretion cannot be exercised arbitrarily- transfer of prisoners from one jail to another is not a matter of routine and must be approached with circumspection-The transfer of convict prisoner from one prison to another is purely an administrative decision and hence, the same cannot be interfered with by the court unless it is arbitrary and contrary to law. (Para 11-16)
Prisons - Prisons are considered as the ‘tailend’ of the criminal justice system. They have existed since ancient times, where anti-social elements were kept in, for deterrence and retribution. But, in modern days, a prison connotes a correctional mechanism, thereby emphasizing the reform of inmates. Prison life necessitates certain constraints on the freedom of inmates. Therefore, it is imperative on the part of the prison authorities to rehabilitate the prisoners into law abiding citizen, besides maintaining security and rule of law in the prison. (Para 3)
Prison Manual 2016 and Model Prisons and Correctional Services Act, 2023 - if the situation necessitates transfer of the prisoner from one jail to another, it can be done by the authority concerned. (Para 14)
