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Report No. 135

2.30. Inspection of jails.-

It is common experience that bare legislative provisions stand the risk of non-implementation unless proper machinery is devised to oversee their enforcement. As a part of such machinery, we recommend the inspection of jails by a judicial officer, preferably a lady officer (where one is available), to be nominated by the Sessions Judge or, where a Lady Judicial Officer is not available, a male Judicial Officer accompanied by a Lady social worker. At places other than the Headquarters of the Court of Session, they will, at least once in every two months, make a surprise visit to jails for inspection, with a view to:

(i) providing the arrested females an opportunity to communicate their grievances;

(ii) ascertaining the conditions in the jails and verifying whether the requisite facilities are being provided and the provisions of the law (relating to female prisoner) being observed;

(iii) bringing to the notice of the Sessions Judge lapses, if any, on the part of the officers in charge of jails in regard to female prisoners.

At the Headquarters of the Court of Session, the Sessions Judge shall carry out similar inspections of the jails. The Sessions Judge shall forward copies of the inspection reports to the Commissioners of Police (or other corresponding officer), the Inspector-General (Prisons) and the State Government, and may make such recommendations as may be required on the facts and in the circumstances of the case. If the authorities fail to carry out the recommendations of the Sessions Judge, the matter shall be brought to the notice of the High Court.

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