A plea filed by the ‘Legal Attorneys and Barristers Law Firm’ urging the Supreme Court to direct Parliament to repeal penal law provisions allowing jail authorities to impose solitary confinement on prisoners was turned down on Monday. The bench, comprising Chief Justice D Y Chandrachud and Justices JB Pardiwala and Manoj Misra, expressed skepticism about the possibility of directing Parliament to repeal a specific provision.
“How can we direct Parliament to repeal a provision?” the bench questioned, highlighting the limitations of the court in issuing directives to lawmakers. While acknowledging that petitions can challenge alleged discrimination and violations of prisoners’ fundamental rights, the bench emphasized that the power to repeal laws rests with the legislature.
The bench suggested that while the court does have the authority to set aside laws, such decisions must be based on proper legal arguments and pleadings. Advising the petitioner to submit a more robust plea addressing the issue, the bench indicated that challenging the laws regarding solitary confinement could be pursued through appropriate legal channels.
Solitary confinement, a punitive measure for violating jail regulations, involves isolating prisoners from all human contact except for interactions with jail staff. Sections 73 and 74 of the Indian Penal Code (IPC), along with section 29 of the Prisons Act, govern the rules regarding solitary confinement. These provisions stipulate the conditions under which solitary confinement can be imposed, limiting the duration to not exceeding three months overall and not more than 14 days continuously.
The PIL filed by the ‘Legal Attorneys and Barristers Law Firm’ sought to address concerns related to solitary confinement laws, prompting a judicial examination of the matter. However, the Supreme Court’s decision underscores the need for a more comprehensive legal approach to challenge and address issues concerning prisoners’ rights and punitive measures within the criminal justice system.
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