Petition in High Court challenge corporal punishment in prisons

Subject :Polity

Section: Judiciary

Concept :

A public interest litigation has been moved before Delhi High Court challenging various provisions of the Prisons Act, 1894, that relate to corporal punishment of inmates for acts of indiscipline.
The plea argues the provisions are ultra vires of Articles 14, 19(1)(a), 20(2) and 21 of the Constitution of India.
A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad listed the matter for hearing on May 23 along with a similar PIL against the punishment of solitary confinement to prisoners.
The petition submits that corporal punishment of inmates is “degrading, demeaning and sadistically cruel” and thus, is unconstitutional.
It also seeks setting up of a Prison Punishment Tribunal, suitably comprised of officials as may be determined by such government, including at least a sitting judge of the concerned High Court, for adjudicating prison offences and giving punishments.
Note : ‘Prisons’ is a State subject under State List of the Seventh Schedule to the Constitution of India.

Corporal punishment

Corporal punishment is the most widespread form of physical violence.
It is any punishment in which physical force is used and intended to cause some degree of pain or discomfort.
It is a violation of right to human dignity and physical integrity.
Corporal Punishment can be broadly classified into two types, the first one being Physical and the second one being Mental.

Concerns with the Prisons Act, 1894

The Prison Act 1894 deals more with the smooth functioning of prison rather than reformation and rehabilitation of prisoners.
This act has colonial approach which deflects with the contemporary ideology of reformation of prisoners on humanitarian grounds in order to change their heart and mind to become responsible citizens rather than to advocate punitive and disciplinary measures of taming them in prisoners like animals in zoo.
The prisoners should not be just left on its own in prison to just languish and suffer like dead creatures but should be treated with respect of a human being.