UTPs at Arthur Road jail instructed to refrain from strip-searching.

On 1st April 2023, a special court ordered the Arthur Road jail superintendent and guards to refrain from strip-searching undertrial prisoners (UTPs) as it violates their fundamental right to privacy and is also considered to be a humiliating practice.

The court instructed the authorities to search the prisoners only using electronic scanners and gadgets.

The decision was made in response to a court filing by Ahmed Kamal Shaikh, an accused in the third phase of the trial being held in the 1993 Bombay blasts case, who claimed that after being brought back from court hearings, he was forced to stand naked at the jail’s entrance gate. Several other accused also raised similar complaints, leading the court to intervene.

The court pointed out that strip-searching UTPs is not only a violation of their fundamental right to privacy, but it is also a humiliating practice that can cause psychological trauma to the prisoners. The court observed that even using unparliamentary language or filthy language against an accused is also humiliating and a violation of their rights. Therefore, the court directed the superintendent and the concerned searching guards to refrain from such practices.

Ahmed claimed in his motion, which was submitted and argued by attorney Farhana Shah, that when he objected to the strip search, the guards cursed at him, misbehaved, humiliated, and threatened him in front of other prisoners. He sought appropriate directions from the court to prevent such practices.

The jail superintendent, in his reply submitted to the court, denied the allegations and claimed that no such humiliating treatment was given to the accused. He further alleged that the plea was made with the intention of putting pressure on the jail authorities.

However, the court found some substance in Ahmed’s submissions, and after receiving similar complaints from other UTPs, the judge instructed the authorities to ensure that they do not misbehave, humiliate or use unparliamentary language against the prisoners. The court also instructed them not to make the UTPs stand nude or use filthy language while conducting the search.

The court further directed that if electronic scanners or gadgets are not available, and a personal search of UTP is required to be conducted physically, the guards should conduct themselves with utmost professionalism and respect for the prisoners’ dignity. The court warned that any deviation from the directive would be considered a violation of the prisoners’ fundamental rights and could lead to disciplinary action against the responsible officials.

The ruling has been hailed as a significant step towards protecting the rights of UTPs in India, who have long been subjected to humiliating and degrading treatment by the authorities. Strip-searching, in particular, has been a contentious issue, with many arguing that it is an invasive practice that can traumatize prisoners and violate their human dignity.

This ruling by the special court is in line with international human rights standards, which recognize that all prisoners, including UTPs, have the right to be treated with dignity and respect. The United Nations Standard Minimum Rules for the Treatment of Prisoners, also known as the Mandela Rules, state that “correctional institutions shall ensure that prisoners are subjected to minimum levels of intrusive searches consistent with maintaining security and good order in the institution.”

Furthermore, the ruling is a reminder to the authorities that they must comply with their legal obligations to respect and protect the human rights of all prisoners, regardless of their status. The Indian Constitution guarantees fundamental rights to all citizens, including prisoners, and it is the responsibility of the state to ensure that these rights are respected and protected.