Court Rejects Plea Seeking To Repeal Laws On Solitary Confinement In Jails

The Supreme Court on Monday refused to entertain a PIL seeking directions to Parliament to repeal the penal law provisions enabling the jail authorities to keep prisoners in solitary confinement.

"How can we direct Parliament to repeal a provision?" a bench comprising Chief Justice D Y Chandrachud and justices JB Pardiwala and Manoj Misra wondered.

The bench said a petition can question alleged discrimination and violations of fundamental rights of prisoners but lawmakers cannot be directed to repeal laws.

"We also set aside laws. But it has to be based on pleadings," the bench said and advised the petitioner to file a better plea on the issue.

Solitary confinement is a form of punishment for violating jail rules or directions where a prisoner is kept in isolation from any human contact except for jail staff.

Sections 73 (solitary confinement) and 74 (limit of solitary confinement) of the IPC along with section 29 of the Prisons Act deal with the rules regarding such punishment, which is contingent upon the quantum of sentence, not exceeding three months on the whole and over 14 days at a stretch.

The PIL was filed by 'Legal Attorneys and Barristers Law Firm.'