Being in prison does not mean that a person loses all constitutional rights. An undertrial prisoner remains entitled to humane treatment and basic necessities, including adequate food, drinking water, sanitation and medical care.

A matter raised by Advocate Ravi Drall before the Sessions Court at Tis Hazari highlighted concerns about the quality of food being served to prisoners. The issue resulted in judicial attention to the conditions in the Tis Hazari Court lock-up and directions concerning improvement in the quality of food.

This article explains the incident, the constitutional protection available to prisoners and the importance of maintaining humane conditions in custody.

Advocate Ravi Drall Raises Concern About Food Served to Prisoners

In the matter reported in the newspaper cutting, Advocate Ravi Drall appeared for an undertrial prisoner in an MCOCA case and brought the condition of food being served in Tihar Jail to the attention of the Sessions Court at Tis Hazari.

The prisoner reportedly brought rotis prepared in the jail to the Tis Hazari Court lock-up and showed them to the court. The newspaper report described the rotis as extremely hard and of poor quality.

The issue was significant because food is a basic requirement of human life. A person may be deprived of liberty pursuant to law, but that deprivation does not permit arbitrary denial of basic necessities or degrading treatment.

Tis Hazari Court Took Notice of the Prison Conditions

After the issue was brought before the court, the judge visited the Tis Hazari Court lock-up to examine the conditions.

According to the newspaper report, the quality of food available in the lock-up was also found to be unsatisfactory. Concerns regarding drinking water were also raised.

The court subsequently directed the Tihar Jail administration to improve the quality of food being provided to prisoners.

This incident demonstrates the importance of judicial oversight where complaints concerning basic prison conditions are brought before the court.

Is Right to Food a Fundamental Right in India?

The right to food should be understood as part of the broader constitutional protection of the right to life and human dignity under Article 21.

Article 21 protects life and personal liberty. Indian constitutional jurisprudence has interpreted the right to life as more than mere physical existence. The Supreme Court has repeatedly recognised that prisoners retain constitutional protections even while their liberty is lawfully restricted.

In Sunil Batra v. Delhi Administration, the Supreme Court recognised that incarceration does not completely strip a prisoner of fundamental rights and that prison authorities remain subject to constitutional limitations.

Therefore, prison administration must balance security and discipline with the basic dignity and rights of persons in custody.

What Basic Rights Do Prisoners Have?

A prisoner does not cease to be a human being after entering jail. Depending on the circumstances and subject to lawful restrictions, prisoners may retain important protections relating to:

• Adequate food and drinking water

• Medical treatment and healthcare

• Sanitary and hygienic living conditions

• Protection against custodial violence and torture

• Access to legal representation

• Humane treatment and dignity

• Fair procedure under law

• Access to judicial remedies

• Protection against arbitrary or excessive restrictions

The Supreme Court's prison-rights jurisprudence makes clear that incarceration cannot be used as a justification for unnecessary or arbitrary deprivation of rights. In Sunil Batra, the Court emphasised the importance of protecting the physical and mental integrity of prisoners and held that deprivations not necessitated by incarceration may raise serious constitutional concerns.

Constitutional Protection of Prisoners' Rights

Article 14: Equality Before Law

Article 14 guarantees equality before law and equal protection of laws. Prison administration must therefore operate within lawful and reasonable standards.

Article 21: Life, Liberty and Human Dignity

Article 21 is particularly important in matters concerning prison conditions. The Supreme Court has treated human dignity as an important component of constitutional protection.

In Prem Shankar Shukla v. Delhi Administration, the Supreme Court stressed that a prisoner remains a person entitled to constitutional protection and that custodial restrictions cannot be imposed arbitrarily.

Article 22: Protection After Arrest

Article 22 provides important safeguards concerning arrest and detention, including procedural protections available to persons accused of offences.

What Does the Prisons Act Say About Prison Conditions?

The Prisons Act, 1894 contains provisions dealing with the administration and management of prisons. Its structure includes specific provisions relating to food, clothing and bedding of civil and unconvicted criminal prisoners, as well as provisions concerning the health of prisoners.

This statutory framework reinforces the need for proper administration of prisons and appropriate care of persons in custody.

Important Supreme Court Decisions on Prisoners' Rights

Indian courts have developed important principles concerning the treatment and rights of prisoners.

Sunil Batra v. Delhi Administration

The Supreme Court recognised that imprisonment does not completely remove constitutional rights. Prison restrictions must have a lawful basis and cannot unnecessarily interfere with the dignity and personhood of prisoners.

Sunil Batra v. Delhi Administration

Prem Shankar Shukla v. Delhi Administration

The Supreme Court dealt with the use of handcuffs and emphasised that custodial restrictions must be reasonable and consistent with constitutional protections.

Prem Shankar Shukla v. Delhi Administration

Hussainara Khatoon v. State of Bihar

The Supreme Court highlighted serious concerns regarding prolonged detention of undertrial prisoners and the human consequences of keeping accused persons in custody for excessive periods without trial.

Hussainara Khatoon v. State of Bihar

These decisions collectively demonstrate that prison justice is not separate from constitutional justice.

Why Adequate Food and Water Matter in Custody

Food and drinking water are basic necessities. When a person is in prison, the responsibility for providing these necessities largely rests with the prison administration because the prisoner cannot independently arrange normal living conditions.

Therefore, concerns regarding:

• Poor-quality or inadequate food

• Insufficient drinking water

• Unhygienic surroundings

• Lack of medical attention

• Unsafe living conditions

can become matters of legal and constitutional importance, particularly where the conditions affect health, dignity or life.

The newspaper report concerning the Tis Hazari lock-up illustrates how a complaint about a basic necessity can receive judicial attention when it is properly brought before the court.

Role of a Criminal Lawyer in Protecting Prisoners' Rights

A criminal defence lawyer's role does not necessarily end after an accused is sent to custody.

Where an undertrial prisoner faces issues concerning unlawful treatment, inadequate basic facilities or other custodial concerns, a lawyer may examine the available legal remedies and place the relevant facts before the appropriate court.

At Ravi Drall and Associates, Advocate Ravi Drall handles criminal matters involving bail, criminal defence, appeals, revisions and other proceedings concerning persons accused of criminal offences.

If you are looking for a criminal lawyer in Tis Hazari Court, legal advice should be based on the facts of the individual case, the stage of proceedings and the nature of the issue involved.

What Can a Prisoner Do If Basic Facilities Are Not Being Provided?

If an undertrial prisoner is facing serious problems concerning food, drinking water, medical treatment or other basic facilities, the issue should be properly documented and brought to the attention of the appropriate authority or court through the available legal process.

Depending on the circumstances, relevant material may include:

• Details of the prison or lock-up

• Date and nature of the complaint

• Medical records, where relevant

• Applications or representations already submitted

• Statements of persons who witnessed the condition

• Photographs or other legally obtained evidence, where permissible

• Copies of previous court orders

• Relevant prison records, where obtainable through lawful procedure

The appropriate remedy depends on the facts and the nature of the violation.

A Prisoner's Liberty May Be Restricted, But Dignity Remains

The central principle is simple: lawful imprisonment restricts liberty, but it does not make a person less human.

The Supreme Court's decisions on prisoners' rights reinforce the constitutional importance of dignity, fairness and humane treatment in custody.

The Tis Hazari matter reported in the newspaper is relevant because it shows how concerns about the quality of food and basic facilities for prisoners were brought before the court and resulted in judicial attention.

Need Legal Assistance in a Prison or Criminal Matter?

If you or a family member is facing a criminal case, arrest, custody-related issue or other criminal proceeding, obtaining timely legal advice can help in understanding the available legal remedies.

Ravi Drall and Associates provides legal assistance in criminal matters, including bail, criminal defence, appeals, revisions and other proceedings.

For legal consultation, contact Ravi Drall and Associates.

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• Best Criminal Lawyer in Tis Hazari: Connects readers seeking criminal legal assistance with the firm's services.