P&H HC Declares Limiting Prisoners to Two Hours Outdoors Unconstitutional

P&H HC Declares Limiting Prisoners to Two Hours Outdoors Unconstitutional

The recent decision by the Punjab and Haryana High Court emphasized that restricting prisoners to just two hours of outdoor time constitutes a breach of their constitutional rights.

The High Court, asserting that no prisoner should be denied their fundamental rights solely on the grounds of perceived security threats, has revoked the December 23, 2020 order issued by the ADGP Jail.

The High Court commenced its order by quoting Nelson Mandela's profound words: "No one truly knows a country until he is inside its prisons. A nation should not be judged by how it treats its highest citizens, but by how it treats its lowest citizens."

Joginder Singh, incarcerated in Jalandhar jail, filed a petition challenging the Punjab ADGP Jail's directive. The order restricted notorious prisoners in high-security zones to only two hours of outdoor time per day - one hour in the morning and one in the evening, confining them to the dungeon for the remaining duration.

In its order, the High Court asserted that while the state has the authority to implement robust security measures within the prison system, it cannot justify depriving a prisoner of their fundamental rights under the pretext of ensuring security and preventing untoward incidents.

In the present case, it was highlighted by the court that effective measures to mitigate risks must also adhere to the legal standards of human dignity and the right to life, a requirement that was not adequately met. Prisons and correctional facilities serve as integral components of the criminal justice system, pivotal in the reformation and rehabilitation of offenders.

The basic principle of humanity is that every person deserves to be treated with respect. Prisoners should not be subjected to unnecessarily cruel or degrading treatment. Their basic human rights under Article 21 should be upheld. It is essential to allow prisoners access to adequate outdoor activities, as the absence of such provisions can increase stress. Incidents of violence could increase and pose a risk to prisoners.

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