The Supreme Court on Tuesday urged prison authorities to take a proactive approach in identifying women undertrials who have become eligible for release under the law [In Re: Inhuman Conditions in 1382 Prisons]..A Bench of Justices Hrishikesh Roy and SVN Bhatti asked the concerned jail superintendents to take special attention of women undertrials who have become eligible under Section 479(1) of Bharatiya Nyaya Suraksha Sanhita, 2023 (BNSS), which provides for the release of undertrial prisoners suffering prolonged incarceration."Although the provisions of Section 479 of the BNSS are gender neutral, it is also necessary for this Court to say that special efforts should be made to identify women prisoners who are entitled to release under the beneficial provision. The concerned Jail Superintendents where the women prisoners are lodged should therefore pay personal attention to the female prisoners, who might have become eligible for the release benefits, under Section 479 of the BNSS. When such a beneficial provision for release of those are incarcerated for long period in jails is made available by the legislature, all stake holders must bear in mind that justice must extend to the last person, who might be standing unheard and unseen within the four walls of jails," the Court observed..The Court noted that while 27 states and union territories had filed responses in the matter, no response has been filed by the States of Uttar Pradesh, Bihar, Tripura and Goa.It urged those states who have not replied on the issue in the relevant format to do so within two weeks..The Court was hearing a suo motu plea from 2013 regarding overcrowding and inhumane conditions in Indian prisons and jail complexes. Section 479 says that first-time offenders, who have not been convicted of any offence in the past, shall be released on bond if they have undergone detention for a period up to one-third of the maximum period of imprisonment. In the context of release of first-time offenders from jail, the Court orally remarked,"It is about that solitary case also where liberty is denied. See what is the case about women. We have visited jails and we have seen women with children in the jail itself. They are growing up in jail. An undertrial who may be initially considered an accused in a heinous crime such as one with life imprisonment can have charges framed later for lesser offences.".During the hearing on Tuesday, the Court had said that ensuring the release of all eligible undertrial prisoners is a critical step towards addressing overcrowding in jails.It also pulled up the Uttar Pradesh for not submitting a compliance report in the matter..The case will be next heard on December 10. Senior Advocate Gaurav Agrawal is the Amicus Curiae in the matter..In May, it had taken exception to the lackadaisical attitude of state governments and union territories in complying with its directions.It had urged all stakeholders to discharge their duties expeditiously since the issue was one involving the fundamental right to liberty under Article 21 of the Constitution. .Section 479 BNSS on bail for first-time offenders applies retrospectively: Centre to Supreme Court.[Read Order]
