Granted bail but still behind bars: 19 undertrials catch attention of Goa rights body

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The GHRC visited Modern Central Jail, Colvale, on October 13 to assess the living conditions, infrastructure and welfare measures provided to inmates and interact with them to understand their concerns. (File/Representational)Flagging the continued detention of undertrial prisoners in Goa’s Colvale jail despite being granted bail, the Goa Human Rights Commission (GHRC) has observed that poverty should not become an obstacle to the liberty of undertrials released on bail.The GHRC visited Modern Central Jail, Colvale, on October 13 to assess the living conditions, infrastructure and welfare measures provided to inmates and interact with them to understand their concerns. In a report dated October 23, the Commission said that “it demands a sympathetic administrative and judicial approach to ensure that no individual remains unjustly confined simply due to a lack of financial means”.The Commission said that during its visit to the legal aid authority block at Central Jail, Colvale, it found that 19 undertrial prisoners were reportedly continuing to remain in judicial custody despite having been granted bail by the competent courts. “It was brought to the Commission’s attention that the continued detention was attributed to different reasons. However, from the records provided by the authorities, it was noticed that the most significant reason for such continued detention was incapacity of the prisoners to arrange the surety amount,” the report said.The Commission said it would write to the principal district and sessions judges of both North and South Goa, requesting them to look into such cases with sympathy and compassion.In the inspection report, the Commission noted overcrowding in certain cells where undertrial prisoners had been lodged. “It was noticed that some cells, which were designed to accommodate only two prisoners, were being used to accommodate three prisoners. This raised concerns regarding the adequacy of accommodation and the living conditions available to undertrial prisoners,” the report said.The Commission said accommodating prisoners beyond a cell’s intended capacity could place additional pressure on sleeping arrangements, ventilation, sanitation, personal space and other essential facilities. It recommended that “adequate accommodation be provided to the undertrial inmates, ensuring that cells are not overcrowded and that every inmate has sufficient space for sleeping, proper ventilation, sanitation and other essential facilities to maintain humane and dignified living conditions to the undertrial inmates.”The Commission noted that mosquito nets in the cells were either damaged or unavailable, adding that inmates lodged in various cells had raised the same grievance. “The absence of functional mosquito nets causes considerable discomfort to inmates and disturbs their sleep and rest. Further, exposure to mosquito bites poses a risk of mosquito-borne diseases, including dengue and malaria, thereby raising concerns regarding the health, hygiene, sleep-related disorders and overall well-being of the inmate,” it said.Story continues below this adFlagging the case of an undertrial prisoner who was not provided prescribed medicines for 45 days after visiting Asilo Hospital for medical treatment, the Commission said all undertrial prisoners must receive timely medical care and prescribed medication to safeguard their health and well-being.Pavneet Singh Chadha is the Goa Correspondent of The Indian Express. His reporting focuses intensely... Read More Tags:Goa