Prisoners denied condoms in Tihar jail; Parliament, Judiciary & Executive of no help

By ABVA Collective

Prisoners still do not have access to condoms as an anti-AIDS preventive measure at Tihar jail – one of the largest prison complex in South Asia.

 

In 1994 ABVA had filed a writ petition in the Delhi High Court asking for inter alia striking down of Section 377, IPC; supply of condoms to prisoners in Tihar jail, New Delhi. Lawyers repeatedly pleaded with the judges to let condoms be provided to prisoners as an interim measure. But the court refused to pass such orders and merely asked the petitioners to wait till the time the case would come up for final argument (which it did seven years later in 2001). The petition was dismissed then but crucial seven years were wasted as prisoners could not have the preventive measure.

 

Later heavily funded NGOs with their slick lawyers compromised and watered down the prayers to partial repeal of S. 377, IPC. The 2018 Supreme Court judgement on partial relief has not helped the prisoners a wee bit.

 

In the last three decades Parliament has stone-walled efforts to get a debate on the crucial real life issues pertaining to the sexual minorities – to wit the Gay Manifesto documented in ABVA’s report “Less than Gay”. The Executive, too, has been insensitive on the issue. In January 2022 ABVA filed an RTI application (scanned copy reproduced below) with the prison authorities at Tihar jail to enquire if prisoners have access to condoms within the jail premises.

  

A scanned copy of the reply received is reproduced below. The answer is NO.

So nothing has changed at the ground level even after the 2018 judgement. Ashley Tellis had prophesized this scenario right then that nothing will change at the ground level even after this judgement. On 6^th September, 2018 at 5.13 p.m. Ashley had opined:

 “I don’t think there will be any actual change on the ground.”

 He was right on the dot.

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