A Mumbai court has recently observed that conducting a search of an undertrial prisoner by making him nude amounts to violation of his fundamental right to privacy.
“… it is violation of his fundamental right of privacy, it is also humiliating. Not only this, but using unparliamentary language or filthy language against the accused is also humiliating to the undertrial prisoner,” the court order read.
Special Judge BD Shelke was hearing an application filed by a 1993 bomb blast accused Ahmad Kamal Shaikh who alleged that after being produced in court and then returning to jail, he was subjected to a body check-up by the guard at the entrance.
The advocate appearing for Ahmad submitted that during the check-up, the guard forced him to strip naked in front of other prisoners and staff members, which was both humiliating and a violation of his right to privacy. When Ahmad objected, the guard used vulgar and unparliamentary language towards him, behaved inappropriately, and made threats against him.
Therefore, he sought direction to be issued to the jail authorities to prevent further mistreatment. He also sought that his personal search be conducted using electronic scanners or other devices.
The jail superintendent submitted that no filthy language was used against Ahmad and the application was only filed to pressure the prison authorities.
The court in its order noted that there was substance in the contentions of Ahmad and said other undertrial prisoners had made similar complaints.
Therefore, the court issued directions to the superintendent and jail authorities asking them to use electronic gadgets and scanner for conducting personal searches.
The court said if such gadgets are not available, then there should be no humiliation of such persons during the personal search.
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