Case Title: Gautam Navlakha v. National Investigation AgencyGautam Navlakha, a defendant in the Bhima Koregaon case, was testifying in court about the conditions in Taloja Central Prison, where he is now being held.
The Supreme Court noted on Thursday that sodomy and forced homosexuality are widespread in India's overcrowded prisons.
According to a bench of Justices KM Joseph and Hrishikesh Roy, jail prisoners emerge as even more resolute offenders motivated by retribution as a result of the problems they endure within.
"I have visited jails for some programs. Jails have so many prisoners…sodomy to forced homosexuality. Then it is like you are more of a criminal when you come out, filled with revenge," Justice Joseph said.
Gautam Navlakha, a defendant in the Bhima Koregaon case, was testifying in court about the conditions in Taloja Central Prison, where he is now being held. The activist had asked to be transferred outside of the jail and put under home arrest.
"We are suggesting a concept which is there in the USA. There are private jails. Thus we need a kind of fund so that such private jails are made," the Court said.
The Court stated that one method to improve jail conditions is to ensure private engagement in their management, something that is common in the United States of America.
Justice Joseph also recommended using corporate social responsibility monies to upgrade jail facilities rather than taxing the State coffers.
"Also, there is corporate social responsibility here...where it can be used to make such setups instead of burdening exchequers. We are just suggesting. You can look into it," the Court said to Solicitor General Tushar Mehta.
In response to Navlakha's request, the court ordered the jail staff to transport him to the hospital today for a checkup.
"We are of the view that noting petitioner is an undertrial and what is far more important which is right to life. The right of the undertrial to receive medical attention would be a fundamental right. This petitioner be taken immediately for thorough medical checkup," the Court remarked.
The petitioner has to obtain medical care and treatment, thus the court ordered the superintendent of Taloja Central Prison to transfer Navlakha right away to Jaslok hospital or any other hospital of Navlakha's choosing. The Court also gave Navlakha's sister and partner permission to go see him in the hospital.
“We make it clear Navlakha will be in police custody while in hospital. We also clarify that Sister Mridula Kothari and partner Sahba Hussain will be allowed to meet the petitioner in hospital as per the hospital rules," the Court said.
Navlakha informed the Court that he has colon cancer and needs a colonoscopy as well as testing for skin allergies and dental problems before the order was made.
In a petition asking to be placed under home arrest rather than in jail, Navlakha made the argument that he needed medical attention.
Navlakha petitioned the Supreme Court after his appeal was denied by the Bombay High Court on April 26. Former People's Union for Democratic Rights Secretary Navlakha was detained in August 2018, however, he was first put under house arrest. Following a Supreme Court directive, he was later sent to Taloja Central Prison in Maharashtra in April 2020.