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Summary
“In addition, the reports also point out the lack of appropriate equipment/instruments and other toiletries and that some washrooms/toilets are not in proper condition and need to be renovated,” the court emphasized.
The Delhi High Court recently directed the Works Department to conduct a thorough inspection of all washrooms and toilets in the prison and submit proposals for any required repair or renovation work within two more weeks.
The bank of Acting Chief Justice Manmohan And Judge Tushar Rao Gedela held, “The Civil Works Department (GNCTD) is directed to conduct a thorough inspection of all the prison complexes in Delhi within two weeks regarding the condition of washrooms/toilets. In case any repair/renovation work is required, appropriate suggestions will be submitted within another two weeks.”
The court made these observations after considering the report of ‘Inspection of judges of all sixteen prison complexes“The court found that no manual faecal disposal activities were reported and that drinking water supply was adequate in all prison complexes. However, the condition of washrooms and toilets in most of the prison complexes was found to be unsatisfactory. The reports also revealed that cleaning of these facilities was done voluntarily by the inmates with some receiving inadequate remuneration. Moreover, there was a lack of proper cleaning equipment and some washrooms/toilets needed renovation.
In response, the court issued the following instructions:
“(a) The GNCTD is directed to engage sufficient staff/manpower for cleaning the washrooms/toilets in each of the prison complexes. The GNCTD may even consider taking assistance from NGOs or engaging persons on a contractual basis for this purpose.
(b) In all prison complexes where the prison inmates undertake cleaning work voluntarily, they should be paid as per the minimum wage fixed by the Government for unskilled labour or the wages fixed/prescribed in the Prison Manual. In addition, the Director General (Prisons) and the concerned Prison Superintendent should ensure that the inmates undertaking cleaning work voluntarily in washrooms/toilets are provided with appropriate cleaning equipment including gloves, masks, boots and other toiletries. It should be ensured that manual cleaning is not imposed on the inmates.
(c) …The renovation work shall be carried out in a phased manner to ensure that the washrooms/toilets are available to the inmates at all times. The entire renovation process shall be completed within four months from the date of this order.
(d) Septic tanks shall be constructed without delay, if necessary. If, in view of the number of inmates, the number of washrooms/toilets has to be increased, it shall be done without delay.“.
Accordingly, the Court dismissed the application and ordered the Government to submit a report on the measures taken within eight weeks.
Case Title: Anuj Malhotra v. Government of NCT
