During the hearing of a Public Interest Litigation (PIL) regarding the reportedly unsanitary drinking water conditions for inmates at the Central Jail in Jabalpur, the Madhya Pradesh High Court instructed the jail Superintendent to conduct tests on the drinking water to assess its potability.

The Court also requested details on how the water is stored and supplied to the inmates.

In a September 23 order, a division bench comprising Justice Sanjeev Sachdeva, who was serving as the Acting Chief Justice at the time, and Justice Vinay Saraf issued a notice regarding the PIL petition.

"The Superintendent, Central Jail Jabalpur shall have the drinking water tested from an approved laboratory for its potability and reports be submitted before the next date of hearing. The Superintendent of Jail shall also file the report as to how the potable drinking water is stored and supplied to the Jail inmates".

The High Court also instructed the concerned District Judge to inspect the jail premises and submit a report. The next hearing of the matter is scheduled for October 23.

The PIL petition, filed by Advocate Amitabha Gupta, addresses concerns related to water storage and distribution systems in the jail, arguing that they violate the inmates' fundamental right to life as guaranteed under Article 21 of the Constitution of India. The petition further emphasizes the risks of waterborne diseases arising from unhygienic storage practices, suggesting that this issue could extend to other prisons throughout Madhya Pradesh.

The petition highlights significant health hazards linked to the existing water delivery arrangements, which depend on pots, buckets, and campers for storage due to the lack of an adequate sanitary system. It argues that these storage methods expose the water to contamination, thereby compromising the health and dignity of the inmates.

The petitioner asserts that information obtained through the Right to Information (RTI) Act reveals that the current methods of storing drinking water for the jail inmates are likely to lead to contamination, suggesting that they are probably not being provided with potable drinking water.

The plea states that the water supplied to the jail is sourced from the Municipal Corporation and stored in separate barracks, as per the information obtained by the petitioner under the Right to Information (RTI) Act. However, the jail lacks tools such as dippers for hygienic water distribution, forcing prisoners to use their own tumblers for security reasons, as noted in the petition.

The petition also highlights a violation of international human rights standards, particularly the United Nations Standard Minimum Rules for the Treatment of Prisoners. Specifically, Rule 22 mandates that prisoners must have continuous access to safe drinking water. The current system in the Central Jail does not meet these standards, thereby infringing upon the basic rights of the inmates.

Case title: Amitabha Gupta Vs The State Of Madhya Pradesh And Others

Case no: WP No. 28117 of 2024