Sheela Base vs Union of India
JT 1986 136
Case Summary
[Article 21]
Facts:
Sheela Barse, a journalist, filed a petition regarding custodial violence against women and inhumane conditions for children detained in prisons. Her plea emphasized the violation of fundamental rights under Articles 21 and 39(f) of the Constitution.
Issues:
1. Are women's and children's rights being violated in custodial institutions?
2. How can the state ensure humane treatment and better conditions for such detainees?
Relevant Legal Provisions:
Article 21 of the Constitution: Right to life, encompassing dignity and humane conditions.
Article 39(f) of the Constitution: Requires the state to ensure that children grow in a healthy and secure environment.
Mental Health Act, 1987: Protects rights and conditions of mentally ill persons.
Explanation of Provisions:
- Article 21 extends beyond mere survival to include dignity and protection against state excesses.
- Article 39(f) obligates the state to ensure children's well-being.
- The Mental Health Act addresses humane treatment for mentally ill detainees.
Judgment:
The Court issued directives to improve conditions in jails and ensure children's rehabilitation. It also permitted Sheela Barse to monitor conditions in institutions. The Court emphasized that the state has a paramount duty to uphold the rights of vulnerable groups.
Rishita Vanjani
2nd year
Amity University Rajasthan
Коментарі