Sheela Barse vs State Of Maharashtra

Sheela Barse vs State Of Maharashtra on 15 February, 1983

• Writ petition under Article 32 of Indian Constitution, Original Jurisdiction.
• Petitioner- Shella Barse
• Respondent- State of Maharashtra
• Bench/ judges- BHAGWATI, P.N., PATHAK, R.S., SEN, AMARENDRA NATH (J)

• Statues contained- Constitution of India ( Article 102 and Article 103).
• Judgement- petition allowed
• Main work- legal aid to the poor and needy, directions to the Prison Authorities and police for providing legal aid to the poor prisoners.

Introduction

We all have heard of cases beginning it’s course from a simple letter or as we call ‘khat’ in Hindi. This is one such case only.

A pen and paper can be a powerful combination indeed, one recent example can be of Gurmeet Ram Rahim Singh (baba Ram Rahim) who was arrested after a disciple of his complained about sexual abuse through a letter.

Similarly, this case also revolves around sexual abuse but of female prisoners and undertrial, the abuses people face in jail and police lock up and the importance as well as need of free legal Aid in India. Access to justice is one thing, it’s implementation is the main course.

There will be mention of many articles of constitution here, which I’ll simplify as we go with the facts and reading of the case.

FACTS OF CASE

• This writ petition took place after a letter addressed by Sheela Barse, a renowned Journalist.
• She interviewed around 15 women prisoners in the jail, Bombay Central Jail in May 1982.
• And not so surprising but 1/3^rd of the women being interviewed claimed rather informed that they have been assaulted by the police officers in the police lock ups.
• There was main two women prisoners namely Devamma and Pushpa Paeen they were allegedly assaulted and tortured while they were in police lock up.

• The court treated the letter by the journalist as a Writ Petition and issued noticed to the state of Maharashtra, and police officials such as Inspector General of Prisons, Maharashtra and Superintendent, Bombay Central Jail. But on the date no affidavit was filed in reply to the proceedings of the court as to why the petition should not be allowed.
• The court therefore adjourned the hearing as well as directed Dr. (Miss) A.R. Desai, Director of College of Social Work, Nirmala Niketan, Bombay  to visit the named jail and conduct interview with the women prisoners for more accuracy  and clearer view as well as Devamma and Pushpa Paeen as they were the crux of the motion.
• Dr. Desai was directed to interview without any one else being present there at the time of taking interview and was to ascertain whether the allegations were true? Whether they had been subjected to ill-treatment and torture in the lock up by the officials? And submit report to court before August 1982.
• The State Government and the Inspector General of Prisons were directed to provide all facilities to Dr. Desai to conduct the assignment assigned.
• The report submitted by her was highly interesting and a socio-legal document. Report was directed to be read by Inspector General of Prisons, Maharashtra and take further necessary actions towards protection and well being of female prisoners.
• The one matter in which court gave directions was to provide legal assistance not just to women prisoners but also to all prisoners in the jail.
• Our constitution provides us with ARTICLE 39 A, one of the directive principles of state policy namely DPSP which states the provision for free legal aid by state to its citizen to ensure access to justice for all it’s citizen. Not just this ARTICLE 21 provides with Right to life and liberty, ARTICLE 14 with equality before law.
• This incident brought out the need for availability of free legal aid and good legal aid in India, not everyone can afford the hefty fees of well-established lawyers and that should not be the reason for injustice. Justice delayed is justice denied but, in this case, justice is not even being started, prisoners are bound to stuck in jail with oppression on them be it male or female without access to legal help.
• This letter/report although started as a female need point of view but turned gender neutral as well as nation neutral, as report of Dr. Desai brought limelight as to how two foreign national were cheated by an Indian lawyer, who misappropriated their belongings on the contest that he is retaining it for fees. Which is a shame for legal profession. Lawyers are supposed to aid delivery of justice and not make people lose their faith in it.
• First, I would like to highlight the provisos already present in our constitution
• ARTICLE 14- Equality before law
• ARTICLE 21-protection of life and personal liberty
• ARTICLE 20- protection against arrest and detention in certain  cases.       [1]
• ARTICLE 39A- Equal justice and free legal aid.

• Now, the directions issued by the court to the inspector general

1. To send a list of all the under-trial prisoners, with all the relevant information such as the crime committed, date of entry, and separate list of male, female prisoners were directed.

2. List of prisoners arrested on suspicion basis should be provided to District Legal Aid Committee, as soon as their arrest happens as per section 41 of Cr.pc.

3.To provide facilities to lawyers nominated by the legal aid and access to prisoners who need their help, provide lawyers with all the information relevant to them.

4.To also inform the prisoners as to regarding the visit of the lawyers who will be providing free legal aid, assist the meeting of the lawyers and prisoners.

Court also directed the District Legal Aid Committee to nominate a couple of lawyers practising in District courts to visit jails now and then to ascertain as the directions laid down by the apex and high court are being followed and implemented or not. And assist with bail filing, parole, appeals and whatever required by the prisoners and their family members as well, Maharashtra State Board of Legal Aid and Advice  was also therefore directed to pay Rs. 25/- per lawyer for their service for every visit to the jail together with reasonable travelling expenses from the court house to jail and back.

After a constructive and healthy debated from both the sides as to how the lock ups can be made a better place for female prisoners following directions were issued by court:

1. It was directed that male and female prisoners should be kept separately and that female lock ups should be guarded by female constables. Court recommended 4 or 5 lock ups for women to which Maharashtra government intimidated that already 3 were reserved for female prisoners and they would increase the number to 5.
2. Court further directed that interrogation of females should be carried out only in presence of female officers/constables.
3. Information of grounds of arrest should be made known to the person as soon as he/she is arrested as provided in constitution, as well as if he/she is eligible to apply for bail. Court also provided a very beautiful direction which was to print out and put up the legal rights of arrested persons in language English, Hindi, and the local language to be put up in every cell and to be read out as soon as person is brought to the station.
4. Directed police to intimidate the nearest Legal Aid Panel about the arrest of a person. State government to provide necessary funds to the concerned legal aid committee.
5. Lady judge to provide surprise visits to lock up periodically as to check the implementation of these directions.
6. Relative or people the arrested person wants to inform should be informed.
7. Magistrate shall also take care and inquire as to if the person has complaints of torture or maltreatment in police custody and section 54 of crpc should be made understood to them as to be medically examined by a  practitioner.

CONCLUSION

Therefore, it is well highlighted that you don’t need power or money to get justice, they do aid the process but their absence is not denial of justice. Voice can be raised by anyone from anywhere and justice can be brought, democracy can be maintained.

An effort by a female journalist brought good changes to the life of numerous prisoners and it’s aiding today, I personally have interned under State Legal Service Authority, Chandigarh.

The service of today and the service of 1982 varies a lot and in a positive way. No denying that Indian Prison still have a lot to work upon and bring changes but cases and efforts like that bring the idea of perfection together day by day.

Written By: Tanya Setia intern under legal vidhiya

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