Solitary Confinment

 

Important points

1. Confinement of an inmate in a cell for 22hrs a day amounts to quasi solitary confinement
1. and such is violative of his Fundamental Right to life guaranteed under A21 
2. Quasi solitary confinement because inmate is deprived of human company for extended lengths of time and such confinement has been held to be extremely harsh and violative of basic human rights which are entitlement of every prisoner.
2. Balance need to be maintained between security enforcement and protection of fundamental rights of prisoners.
3. 
   
4. Private Maintenance 
1. provision of food, clothing, bedding and other necessaries through private sources, cooking facilities, adequate food and water, adequate clothing and newspaper, magazines and television
5. Arguments for solitary confinement
1. Hardened criminal with 34 cases registered against him, convicted in few.
2. Propensity to create riotous situation.
6. Arguments against solitary confinement
1. Stringent measures cannot be justified even on the grounds of maintenance of discipline and order as personal liberty of a prisoner cannot be curtailed to such an extent that he is reduced to a mere animal existence.

Case Law

1. Sunil Batra (II) Vs Delhi Administrationv1978 4 SCC 494
1. Even a person under death sentence has human rights which are non-negotiable and even dangerous prisoner, standing trail, has basic liberties which cannot be battered away.
2. Sunil Batra (II) Vs Delhi Administrationv1980 3 SCC 488
1. It is evident that the letter of law laid down in the path breaking judgement o