Isabella Mariam

The High Court of Rajasthan Single Bench of Justice Anoop Kumar Dhand, while considering a petition on sanitation and basic hygiene for jail inmates, issued interim directions after noting that prisoners in several jails were not receiving adequate drinking and washing water and related facilities. The Court directed Sessions Judges, Chief Metropolitan/Chief Judicial Magistrates and District Legal Services Authority secretaries across the State to conduct surprise inspections within three weeks, privately interact with inmates, and report back. It further directed the State authorities to constitute a district-level Grievance Redressal Committee comprising District Magistrates and District Judges, Chief Judicial Magistrates, District Social Welfare Officers, Jail Superintendents and DLSA Secretaries to examine and address prisoners’ complaints, with notices to be displayed in every prison.

The writ petition was instituted seeking directions to the State authorities to ensure adequate provision of basic hygiene-related facilities for prisoners lodged in District and Central Jails across the State of Rajasthan. The petitioner contended that prisoners were being supplied inadequate quantities of washing materials, insufficient drinking water, and inadequate water for washing clothes, thereby affecting personal hygiene and dignity. Reliance was placed on the Rajasthan Prison Rules, 1951, particularly provisions relating to bathing arrangements, washing of clothes, and supply of washing materials.

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It was asserted that under the existing rules, prisoners were required to wash clothes once a week and were provided limited quantities of washing soda, which was stated to be insufficient, especially considering climatic conditions. The petition further alleged that despite statutory provisions and reform-oriented frameworks, prisoners continued to face practical difficulties inside jails.

On behalf of the State, it was submitted that facilities and washing materials were being provided in accordance with the prevailing rules and that no interference was warranted. The Court examined the pleadings, the relevant prison rules, subsequent amendments under the Rajasthan Prison Rules, 2022, and various reform reports and standards placed on record, including those concerning water supply, sanitation, and hygiene inside prisons.

The Court recorded that “the notion that prisoners are also human beings, entitled to a life of dignity is a cornerstone of modern Indian Constitution Laws” and noted that post-independence legal frameworks have shifted from a purely punitive approach to a reformative and rehabilitative model.

It observed that “prisoners are entitled to adequate food, clean drinking and washing water and medical care” and that Indian law prohibits practices that dehumanise inmates. While referring to statutory and policy developments, the Court stated that “while the legal and constitutional powers in India strongly guarantees a dignified life for prisoners, the practical application faces significant systematic changes.”

The Court recorded concern that “in spite of having so many reforms for the prisoners still they are facing great difficulties, while remaining in Jails, for example not getting proper drinking and washing water and facing several practical difficulties.” It further observed that the right to personal hygiene and sanitation constitutes a primary human right of prisoners, but that “those facilities can roughly be accessed by prisoners in India.”

The Court noted systemic issues such as administrative neglect, lack of funding, and inadequate infrastructure, recording that “the denial of the right to sanitation to imprisoned populations is not only a form of punishment, torture, and abuse, but it also occurs because there are inadequate and unhygienic sanitation facilities.”

With reference to existing arrangements, the Court stated that “the arrangements made by the State for the inmates… are not sufficient enough and such approach of the State-authorities is not appreciable.” It further recorded that “it is beyond imagination as to how a prisoner, be a male or female, can be allowed to wash clothes once in a week, more particularly looking to the harsh weather conditions of the State of Rajasthan.”

The Court observed that despite amendments introduced under the Rajasthan Prison Rules, 2022, “the ground reality is altogether different” and that prisoners continued to be deprived of adequate facilities. It recorded that prisoners’ grievances often remain unheard as “they are viewed as criminals and have no choice.”

The Court further observed the necessity of direct institutional oversight to understand the magnitude of the problem and recorded the need for inspection, grievance redressal mechanisms, and monitoring to address deficiencies relating to water supply, hygiene, and sanitation inside prisons.

The Court directed that “all the Sessions Judges, Chief Metropolitan/Judicial Magistrate of the State, Secretaries of all the District Legal Services Authority (for short ‘DLSAs’) are directed to make sudden inspection of these jails on any day within three weeks and privately interview as many as prisoners as possible as they may consider necessary and submit their report to this Court.”

The respondents “to constitute a ‘Grievance Redressal Committee’ consisting of District Magistrates & District Judges, Chief Judicial Magistrates, District Social Welfare Officers, Superintendent of Jail, Secretary DLSA of all the districts of Rajasthan to examine the grievances of each and every prisoners and try to make all possible endeavors to redress their grievance in accordance with law.”

“An intimation/notice be affixed in every prison regarding constitution of the above committee be afforded with a specific note that all the prisoners can submit their complaints, in writing, to the above committee for redressal of their grievances and problem faced by them.”

“Jail authorities will display notices in all the jails informing prisoners of their right to submit complaints of their practical grievances to the above committee. The Member Secretary, RSLSA to look into the matter and monitor the effective implementation of this order and submit a report to this Court on or before the next date.”

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Before passing final orders, the Court issued interim directions to the State respondents “to come out with a mechanism/policy providing adequate water, i.e., water for drinking and washing to the inmates lodged in various District and Central Jails in the State of Rajasthan and adequate steps be taken by the reform authorities with regard to maintaining personal hygiene and health, etc. of such inmates.”

“Heard in part. List this case on 12.02.2026 at 02:00 PM before this Court to check/see the steps taken by the authorities concerned to redress the grievances of the prisoners and the practical difficulties faced by them.”

“Office is directed to implead the Ministry of Home Affairs, New Delhi in the cause-title of this petition and place the cause-title at the appropriate place in the file. A copy of this order be sent to all the respondents, all the District Judges, all the Chief Metropolitan Magistrates/Chief Judicial Magistrates and all the Secretaries of DLSAs. Acopy of this order be also sent to the Member Secretary, RSLSA; Advocate General; and Additional Solicitor General. A copy of this order be further sent to all the Superintendents of Central Jails, District Jails and Sub-Jails situated in the State of Rajasthan.”

Advocates Representing the Parties

For the Respondents: Ms. Suman Shekhawat, Deputy Government Counsel

Case Title: Peoples Watch Rajasthan v State of Rajasthan & Others
Case Number: S.B. Civil Writ Petition No. 11417/2008
Bench: Justice Anoop Kumar Dhand