CCTV in prisons: A violation of privacy?

Jailed Delhi minister Satyendar Jain's leaked CCTV footage from Tihar Jail may have stirred fresh controversy in political circles - but it also calls for broader discussions on whether it violates privacy which has been deemed a Fundamental Right by the Supreme Court of India.

What has happened so far?

Soon after the video of Satyendar Jain receiving a massage in his jail cell, his legal team filed a contempt plea against the ED alleging that the footage was "leaked." Jain had filed a plea before a court seeking contempt proceedings against the Enforcement Directorate (ED) for allegedly leaking CCTV camera footage from his jail cell to the media and had also urged it to put a stop to it, though he withdrew his complaint on Monday. Meanwhile, deputy chief minister Manish Sisodia called the video a “breach of privacy” of a cabinet minister who was ill, and alleged that the video was leaked to influence voters ahead of the December 4 municipal corporation elections.

On Sunday, the BJP alleged that the videos and information about the AAP minister were being leaked by people of the party who are close to its national convener and Delhi Chief Minister Arvind Kejriwal.

The jailed Delhi minister, who was seen getting massages, meeting visitors, and receiving housekeeping services in his prison cell, has been lodged in Tihar Jail since May 31 in a money laundering case registered by the ED.

Read | BJP fires 'Prison break' jibe against AAP as Satyendar Jain's Tihar videos emerge

The developments bring several issues to the fore, namely, why are CCTV cameras installed in prisons, who is in charge of the footage, and who is to benefit when the same gets leaked.

What does the law say about CCTV in prisons?

In a bid to foster ‘accountability and transparency’ in prison administration and prevent the occurrence of custodial violence, suicides, and human rights abuse in prisons, the Supreme Court of India in 2015 directed all prisons to install CCTV cameras.

The court's direction made it mandatory for prisons to install CCTV cameras inside the barracks and cells where inmates lived - in addition to areas such as the mess, exterior walls, and towers which were already under surveillance earlier.

Read | Satyendar Jain moves court, seeks contempt proceedings against ED for 'leaking' Tihar video

The court had observed that “CCTV cameras will help go a long way in preventing the violation of human rights of those incarcerated in jails. It will also help the authorities in maintaining proper discipline among the inmates and taking corrective measures wherever abuses are noticed.”

The judgment came two years before privacy was recognised as a fundamental right by the apex court.

Privacy, a fundamental right?

In a landmark decision, a nine-judge constitution bench of the apex court had in 2017 held that the Right to Privacy was a Fundamental Right under the Constitution.

The bench headed by then chief justice J S Khehar ruled that the "right to privacy is an intrinsic part of Right to Life and Personal Liberty under Article 21 and entire Part III of the Constitution."

The apex court had favoured overarching guidelines to protect private information in public domain and said there was a need to "maintain the core of privacy" as the notion of privacy was fast becoming irrelevant in an all-pervading technological era.

Has the 2015 ruling been successful in preventing custodial violence, unnatural deaths, and human rights abuse in prisons?

The, National Crime Records Bureau data reveals that even after the Supreme court directed all prisons to install CCTV cameras, unnatural deaths, clashes, and escapes continue to be a recurrent occurrence in correctional facilities in India.

As per data, in the year 2021, 235 prisoners were reported as escaped from judicial custody. Out of 235 prisoners escaped, 82 prisoners escaped from inside prison premises.

A total of 63 clashes/group clashes inside jails were also reported during the year 2021. A total of 70 persons consisting of 66 prisoners and four jail officials got injured in such clashes while four prisoners died in such clashes.

The data also shows that during the year 2021, 10 firing incidents were reported from Punjab (9) and Uttar Pradesh (1), in which, 3 inmates died.

Meanwhile, a total of 2,116 prisoners died while they were in judicial custody during 2021. Out of which, 1,879 were natural deaths, 185 were due to unnatural causes and 52 deaths were reported as causes not known yet (while furnishing the data). Natural deaths accounted for 88.8 per cent (1,879 out of 2,116) and unnatural deaths accounted for 8.7 per cent (185 out of 2,116) of the total deaths.

In Satyendar Jain's case, footage appears to have been released for political gain. On the other end of the spectrum, in some instances, violence, human rights abuse, and custodial deaths in correctional facilities is going largely under the radar as there is no footage to corroborate the same due to malfunctioning of cameras.

The numbers throw light on the need for better prison reforms and the need for transparency and accountability in correctional facilities.

(With agency inputs)