According to the Bar and Bench, the Supreme Court on Thursday said sodomy and forced homosexuality are rampant in prisons across India.
A Bench of Justices KM Joseph and Hrishikesh Roy, while hearing a petition filed by Bhima Koregaon accused Gautam Navlakha, highlighted the conditions in Taloja Central Jail, where he is presently lodged, said: “Due to the issues that the jail inmates When confronted, they also come out. More hardened criminals full of revenge.”
The activist had requested that he be shifted out of jail and instead put under house arrest. Court ordered that Navlakha be shifted to KEM Hospital in Mumbai for colonoscopy and dermatological health concerns, Live Law reported.
The bench further said that it initiated the discussion only because senior advocate Kapil Sibal pointed out the issue of overcrowding in jails. “I have visited jails for some programmes. There are so many prisoners in prisons… Sodomy for forced homosexuality. Then it seems that you are more criminal when you come out full of vengeance,” remarked Justice Joseph, the Bar and Bench pointed out.
As per the rules of the prison, undertrials should not be kept with the convicts, the court said. “We cannot dehumanize their lives,” Justice Joseph said, Live Law reported.
Referring to USA’s provision to allow private participation in running prisons, the bench said such a move can help in improving the condition of prisons. “We are suggesting a concept which is in the USA. There are private prisons. Thus, we need some kind of fund so that such private prisons can be built,” the top court said.
Justice Joseph also suggested that the Corporate Social Responsibility Fund could be used for improving the prison infrastructure instead of burdening the exchequer. “There is also Corporate Social Responsibility… where it can be used to set up such instead of burdening the treasury. We are just suggesting. You can look into it,” the court told the Solicitor General. Tushar Mehta said.
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