Sheela Barse vs. State of Maharashtra||Case Summary|| AIR 1983 SC 378 || Custodial Violence

Custodial Violence

FACTS

Sheela Barse, a journalist, wrote to the Supreme Court in 1982, alleging custodial violence against women prisoners in Bombay Central Jail. She interviewed 15 women, five of whom reported assault and torture by police in lock-ups. The Court treated her letter as a writ petition under Article 32. The Director of the College of Social Work, Nirmala Niketan, was directed to investigate. The report confirmed the allegations, highlighting abuse and lack of legal aid for prisoners.

ISSUES

Does the mistreatment of female prisoners violate their fundamental rights under Article 21?

Are state authorities obligated to provide legal aid to indigent prisoners?

RELEVANT LAWS

Article 21 of the Indian Constitution: Guarantees the right to life and personal liberty, including the right to live with dignity.

Article 39A of the Indian Constitution: Mandates the state to provide free legal aid to ensure access to justice for all.

Article 14 of the Indian Constitution: Ensures equality before the law, applicable even to prisoners.

JUDGEMENT

The Supreme Court in Sheela Barse vs. State of Maharashtra ruled that the mistreatment of female prisoners violated their right to life and dignity under Article 21. The Court held that legal aid is a constitutional imperative under Articles 14, 21, and 39A for indigent prisoners. It issued guidelines: separate lock-ups for female suspects guarded by female constables, interrogation of women only by female officers, and mandatory legal aid access through district committees, ensuring protection and justice for prisoners.

Vinita Pathak