'Does Rajasthan govt believe prisoners should live in subhuman conditions?'

Counterview Desk

Top human rights organisation, People’s Union of Civil Liberties (PUCL)*, has said that the Rajasthan government has committed contempt of the Supreme Court of India by grabbing the land of the Open Air Camp (Jail), Sanganer, despite restraining orders.

Stating that the State government has this way initiated the process of killing the institution of the internationally renowned Sampurnanand Open Air Camp (Jail), it demanded restoration of land back to the open camp now.

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The PUCL is shocked at the allotment of 2.2 hectares (21,948 sq metres) of land of the 3.04 hectares (30,400 sq metres) of the Sampurnanand Open Air Camp (Jail) In Sanganer, Jaipur to the Medical and health department for a Satellite Hospital. This act of the Jaipur Development Authority (JDA), which acquired it brazenly and the Government of Rajasthan (GoR) is a scandal. Of the 3.04 hectares, the open camp (jail) has now been reduced to approx 0.84 hectares (8452 sq metres), with more than two thirds of its land being snatched away. This would take away, not only most of the houses, which the inmates have made themselves, but also the school, the anganwadi, the quarters, the office, the hall and other physical resources developed.

It is not the case of the PUCL to stop a public hospital from coming up in Sanganer. We are in full empathy of the trials and tribulations of the people of Sanganer, with a paucity of public health institutions in the area. The point is that the hospital must not be made by snatching the land of the open camp (prison).

On 10 December 2023, the PUCL had done some work in the open camp; there were 423 inmates, 400 males and 23 females. The total number of residents in the open camp (jail) on that day consisted of 633 people, which included the family members. This number changes. For instance, as of today 31st August, 2024 the total number of prisoners are 393, as several are out on parole. More than 200 have families and the total strength with families is 900 approximately presently (sometimes, complete families come and stay, otherwise, only a section comes, many times, the prisoner leads a lonely life with no family. In December, there were many single men and women).

Vulnerability of the open air camp prisoners emboldened the state’s land grab attitude

According to the PUCL, the land which the open air camp (jail) has in its possession for the last six decades, was taken away so easily, because the larger perception perhaps of the GoR is that prisoners don't need so much space, they can be cramped in a small spaces and live in subhuman conditions. Most importantly they knew that the inmates would not raise their voice against the State, as they would not wish to lose their freedom of being in an open camp (jail) and living with their families. The State took advantage of this vulnerability of the prisoners.

Killing India’s best open camp for prisoners

This act of grabbing the land of the open air camp (jail) in possession of the Jail Institution since 1963, is an attempt to kill India’s best open camp (jail) institution for which it has been lauded in the state, nationally and Internationally. Of the total of the 51 open air camps in Rajasthan which has a capacity for housing 1600 prisoners, the occupancy is only 1339 (84% of the total capacity).

Even the SC in the case of Suhas Chakma vs the Union of India and others, had asked the State of Rajasthan to make a presentation of its open camp (jail)s as a best practice case study for the other states to learn from. It was the time to strengthen the infrastructure of the open camp (jail), including housing, water, sanitation, electricity, the school and anganwadi. Reports in the past have, including those of PAARr and the PUCL have highlighted this dimension, instead, the GOR has indulged in an attack on the open air camp (jail) itself. It should be known that the residents, themselves, make houses, invest in its maintenance, pay electricity and water charges. Would the Government compensate for all this?,

Attack on the idea of restorative justice

Essentially the attack on the open air camp (jail) is actually an attack on the idea of restorative justice and correctional spaces. The idea was to provide a community space for the open camp (jail) inmates. Not merely some house structures, which it will get reduced to now. It was also open to outsiders, for instance children from the neighbouring colonies came to play football and other games in the open space of the open camp (jail), naturally integrating the children of the prisoners and the prisoners themselves with the outside children and adults.

Apart from the above various orders of the Supreme court and the Rajasthan High Court, Jaipur Bench, should have restrained them for this brazen act.

GoR commits contempt of the Supreme Court of India order

The Supreme court of India, in the Civil Writ Petition(s) No. 1082/2020 Suhas Chakma Versus Union Of India & Ors. on the 17th of May, 2024, the bench of Hon'ble Mr. Justice B.R. Gavai Hon'ble Mr. Justice Sandeep Mehta, stated in their order clearly in point number “9,..... We are also informed that there is a proposal to reduce the area at Sanganer Open Air Camp at Jaipur. We thus direct that there shall be no attempt of reduction in area of open 4 air camps/institutions/prisons, wherever they are functioning”.

Ignores Rajasthan High Court order

In D.B. Civil Writ Petition No. 2808/2012, Civil Writ Petition No. 5463/2015, D.B. Civil Writ Petition No. 17462/2017, Suo Motu ----Petitioner Versus State Of Raj, the Hon'ble Mr. Justice Inderjeet Singh And Hon'ble Mr. Justice Bhuwan Goyal in their Order dated 23/07/2024 stated in their interim order that “…..Learned Advocate General seeks eight weeks’ time to submit the status report and asked for the matter to be listed on 25.09.2024. Despite the Rajasthan High Court having been seized of the matter and the amicus curiae, having placed the SC order of 17th May, which the AG very well knew off, it is shocking that on the 30th of July, land was allotted by the JDA to the Medical and Health department.

Allotment letter of the JDA to the Medical and Health Department: A clear violation of the SC order

The amended allotment letter dated, 30/07/2024, क्रमांक /ज. वि. प्रा / उपा. /ज़ोन - 4 / 2024 / डी -1385 addressed to Director Public Health, Medical and Health Services, Rajasthan says that “The 194th meeting of the Land and Property Disposal Committee of Jaipur Development Authority held on 22.07.2024, discussed the agenda presented by the Zonal Deputy Commissioner regarding the free allocation of 21,948 square meters of land from a total of 3.04 hectares, covering Khasra numbers 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 68, 69, 70, 71, 72, 73, 74, 75, 76, 78, and 131 in Revenue Village Sanganer to set up a satellite hospital in Sanganer. The land was previously recorded in the name of the Refugee Camp but has now been transferred to the name of Jaipur Development Authority by the Tehsildar, Sanganer.

The committee deliberated on the matter and recommended the free allocation to the State Government as per the Land Allocation Policy 2015 provisions, considering the excess area under JDA's jurisdiction. The committee also resolved that the State Government’s approval and allocation should consider the previous allocations made by the Jaipur Development Authority. Following this, the State Government, through the Urban Development Department's Deputy Secretary, issued a letter with reference number 9274934 dated 26.07.2024, approving the free allocation of 21,948 square meters of land from the specified Khasra numbers in Sanganer, subject to the complete adherence to the provisions of the Land Allocation Policy-2015 at the authority level”.

With this allotment of the open camp land to the Medical and health department the Government of Rajasthan has clearly committed contempt of court. The PUCL and other organisations will either assist the Amicus Curiae or as an intervenor, will challenge this in both in the HC and the Supreme court, but will not let this continue.

The PUCL demands that the land be restored to the open camp now, the hospital be made elsewhere.

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*Kavita Srivastava, President; Bhanwar Meghwanshi, President, Rajasthan and the jail work team members; Pragnya Joshi, National Council member; Suman Devathiya, Jaipur district General Secretary; Advocate Mamta Nair, Jaipur District Treasurer; Advocate Bobby Datta, Jaipur district, member, PUCL

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