Black Warrant: A legal lens on Tihar Jail's past and present

The Netflix series Black Warrant, based on Sunetra Choudhury’s book Black Warrant: Confessions of a Tihar Jailer, sheds light on the harrowing realities faced by inmates within Tihar Jail, India’s largest and most infamous prison complex.

The book, co-authored by former Tihar jailer Sunil Gupta, offers an insider’s account of life behind bars, exposing not only the personal struggles of inmates, but also the systemic failings of the Indian prison system. While the stories in the series reflect events from past decades, they serve as a mirror to the present, revealing how little has changed in terms of prison administration, justice delivery and the treatment of incarcerated individuals.

Tihar Jail, often referred to as a microcosm of India’s criminal justice system, has long been a subject of public fascination and concern. The series draws attention to issues such as overcrowding, corruption, neglect of mental health and delays in justice that continue to plague prisons across the country.

These enduring problems highlight the urgent need for systemic reforms, as the narratives in Black Warrant resonate with contemporary reports and data. This article seeks to bridge the gap between the historical and the current, analysing the themes of the series through a legal perspective while presenting updated statistics and insights into India’s prison realities.

Overcrowding and the Constitutional Right to Life

A central issue highlighted in Black Warrant is the overcrowding of Tihar Jail. The problem is far from historical. India’s prison system continues to suffer from significant overcrowding. Recent data from the National Crime Records Bureau (NCRB) indicates that the national average occupancy rate in prisons exceeded 130% in 2022. Specifically, Tihar Jail’s occupancy remains alarmingly high, often housing over 17,000 inmates against its designed capacity of 10,000.

The overcrowding violates the fundamental rights of inmates, as guaranteed under Article 21 of the Constitution, which upholds the right to life and personal liberty. Although judicial pronouncements such as Charles Sobhraj v. Superintendent, Central Jail (1978) affirm that prisoners retain their fundamental rights, poor implementation of the Model Prison Manual, 2016 continues to exacerbate substandard living conditions.

Death row inmates and delayed processes

The anguish of death row inmates, vividly portrayed in Black Warrant, is a harsh reality even in contemporary India. A report published by Project 39A of NLU Delhi (2023) revealed that many individuals on death row spend over a decade awaiting execution. These delays are compounded by procedural inefficiencies in handling mercy petitions and clemency appeals.

The Supreme Court, in Shatrughan Chauhan v. Union of India (2014), ruled that prolonged delays in executing death sentences constitute cruel and degrading treatment, violating Article 21. Nevertheless, systemic bottlenecks persist, with over 50 mercy petitions remaining unresolved as of 2022. The series’ depiction of the psychological toll of these delays underscores the urgent need for reform in clemency procedures under Articles 72 and 161 of the Constitution.

Corruption and exploitation

Instances of corruption and exploitation within Tihar, as highlighted in Black Warrant, remain relevant today. Reports of bribes for access to better living conditions and the exploitation of vulnerable inmates reflect broader issues within India’s prison administration. A 2021 NCRB study reported numerous instances of custodial misconduct, including corruption.

These acts contravene the Prison Act, 1894, which mandates fair treatment and accountability among prison officials. Despite judicial interventions like DK Basu v. State of West Bengal (1997), which emphasised transparency and oversight in custodial practices, these problems persist due to systemic failures and lack of enforcement.

Mental health neglect

The series also highlights the mental health struggles of inmates, particularly those on death row. Unfortunately, mental health care in Indian prisons remains inadequate. A 2021 report by the Ministry of Home Affairs showed that less than 20% of Indian prisons have access to qualified mental health professionals.

In In Re: Inhuman Conditions in 1382 Prisons (2016), the Supreme Court underscored the importance of addressing mental health issues within prisons. However, the absence of structured mental health programs and rehabilitative efforts perpetuates cycles of despair among inmates. Tihar Jail, in particular, continues to struggle with meeting these critical needs.

Access to justice and legal representation

The socio-economic disparities among inmates highlighted in Black Warrant remain a critical issue. A significant portion of prisoners belong to marginalised communities, lacking resources to secure competent legal representation. According to NCRB 2022 data, over 70% of India’s prison population consists of undertrials, many of whom remain incarcerated due to delayed access to legal aid.

The Legal Services Authorities Act, 1987, provides for free legal assistance to economically disadvantaged individuals. Yet, systemic inefficiencies hinder its effective implementation. The principles laid down in Hussainara Khatoon v. State of Bihar (1979), which called for expediting trials to protect fundamental rights, remain unmet for many inmates.

Rehabilitation and redemption

Despite its bleak portrayal, Black Warrant also touches on narratives of redemption and reform, emphasising the potential for rehabilitation within the prison system. In recent years, initiatives such as vocational training and open prisons have attempted to incorporate elements of restorative justice. For instance, Tihar Jail’s vocational programs now engage over 1,500 inmates annually in skill development activities.

However, these efforts are insufficient when juxtaposed with the scale of the problem. A significant portion of the prison population still lacks access to rehabilitative programs, reflecting the need for a more comprehensive approach to restorative justice.

The human element: Lessons from Black Warrant

Drawing comparisons to George Orwell’s essay A Hanging, the series captures the moral and emotional dilemmas faced by jailers and inmates alike. The character of Sunil (played by Zahan Kapoor), a rookie jailer, embodies a sense of reluctant complicity in a flawed system.

Much like Orwell’s narrator, Sunil evolves from an idealistic outsider to a participant grappling with the moral weight of his responsibilities. His interactions with prisoners, including the infamous Charles Sobhraj, reveal the nuances of guilt, redemption and institutional decay.

The show also explores the camaraderie and conflicts among jail officials. Characters like DSP Tomar (Rahul Bhat) and ASP Mangat (Paramvir Singh Cheema) illustrate the complexities of prison administration, where brute force often takes precedence over reformative justice.

These dynamics mirror the challenges faced by the Indian prison system, where systemic inertia hampers meaningful change.

Bridging the past and the present

The systemic issues dramatised in Black Warrant remain disturbingly relevant, as corroborated by recent data and reports. Overcrowding, procedural delays, corruption and neglect of mental health continue to challenge the principles of justice, fairness and dignity enshrined in the Indian Constitution.

Addressing these issues requires a multi-pronged approach, involving judicial vigilance, legislative reforms and civil society engagement. The narratives of Tihar Jail’s inmates, both past and present, serve as a powerful reminder of the need to rethink the role of prisons and the purpose of punishment in a just society.

As Black Warrant illustrates, justice is not merely about retribution but about restoring humanity and dignity to those whom the system has failed.

Prachi Tripathi is a final year student at Faculty of Law, Jamia Millia Islamia.