Details of diet of the prisoners of Tihar jail, its nutritious value, charges, quality & quantity, maintenance of contract for wet canteen etc. was sought - CIC: Authorities to consider certain specific points as complaints & furnish action taken report

FACTS:

2. Prisoner Mr. Sehjad has asked for:

a) The menu and amount of the food provided, from morning to evening to the undertrial prisoners and prisoners at Tihar Jail, Delhi and Rohini Jail.

b) Whether prisoners in Delhi Jail are provided with milk? If yes, full cream/toned? Is it mandatory to provide milk in every Jail in India? Then what quality milk? Same quality in all jails and in Delhi jails? Whether Milk is given to prisoners, volunteers and non CIC/ volunteers in Delhi Jail Serial Numbers 1 to 8/9 and Rohini also. Whether milk is given with or without sugar? Whether in all prisons milk is supplied? If non-volunteers do not get their quota of milk, does that stock of milk go into black market? What is the quantum of milk distributed every day in all jails? Which officer is responsible for deficiency in distribution of milk in central jail number 5 in Tihar?

c) Whether ‘Kheer’ is provided on every Wednesday and Sunday in every Jail? Whether it is made of sugar or jaggery?

d) Whether prisoners suffering from HIV and TB are separated from other healthy prisoners? What are the safety measures?

e) As per the rules and regulations, whether Superintendents, Assistant Superintendents and Senior Superintendents address the prisoners and redress their grievance?

f) Is there a Superintendent’s petition box in the Jail as per the rules and regulations?

There is no petition box from the past few years; does Director General know this?

Then what disciplinary action is taken against the officials as per the Jail manual?

Whenever an officer inspects wards, an entry is made in in the register No. 16A/16.

How many times in the past three years Directing Officer visited Prison Wards?

g) Though in Central Jail Serial No. 5, Tihar, Delhi, there is a 1000 liter water tank, there is serious scarcity of water inside and tractors are transporting water into Jail. Why?

h) What diet is given to the unwell prisoners?

i) Whether wardens or head wardens permitted to consume alcohol on duty? If not explain what action was taken and against how many?

j) How many times in a month or week, a lawyer of Supreme Court visits Central Jail No.5 in Tihar Delhi? How many prisoners at Tihar Jail were provided relief from them.

k) Who is operating ‘wet canteen’ at Central Jail No. 5 Tihar, Delhi? Whether contract is with the prisoners, any outsider or with the officials working inside the Jail? Give details of contract.

l) Smart Card is introduced in Tihar jail and district Jai for purchasing tiffins and other groceries in prison. What amount is being charged to give a new smart card when their card is lost or damaged? If Smart Card does not function though not damaged, will it be replaced without additional fee?

m) Fruits, vegetables, salads, rice, chole kulche, etc are being sold at fixed prices. Though price is reduced in the market, the prisoners are purchasing for high prices only, for instance Rs. 25 is paid for a dozen bananas, even in the month when that cost was reduced in marker outside to Rs 10. Similarly the price of kilo Apples was reduced from Rs 80 to 40 per, but still the prisoners have to purchase at Rs 80 per kilo only. Why? Where does these items or extra money go? Who is benefitted and why prisoners should be deprived of.

n) To increase demand for profitable wet canteen items the quality of food in general (in Langers) is being reduced deliberately. They are made tasteless. When the material used is same for both in wet and other canteens, why should there be huge difference in quality and taste? While the flower of Gobbi is used in special paratha in wet canteen, its waste stems are used for making the morning and evening food in Langer in Jai no. 5. Who is responsible for these deliberate acts meant for forcing the prisoners to use smart card to purchase in wet canteen, to increase profit of wet canteen?

o) Government and NGO used to give funds for oil, soap etc for backward classes among prisoners in Delhi. On second Saturday they used to get halwa and puri. Whether this has been stopped by Delhi jail administration? Complete detail of the contractor for the last 5 years.

3. The PIO (PHQ) sent copies of this RTI to all PIOs in Central Jail Tihar, District Jail Rohini, New Delhi. Based on the information available with him the PIO (PHQ) provided some information which included the diet chart and the rules/regulations concerning the same. Superintendent (PIO) of Central Jail No.2 at Tihar informed that officials visit in wards and interaction with inmates is being followed by the DJM, the medical diet is being decided but the diet committee. He said the Wet Canteen of their jail was not given on any Contract but completely managed by the PWF of CJ02. There are no brokers to obtain Smart Card which is being given after proper inspection and registration. To replace the damaged Smart Cart, Rs 50 is charged. Prices are fixed by the competent authority at Prison Head Quarters. Other information is: 300ml of milk is given to prisoner doing labour. HIV+ is non-communicable disease hence the prisoners are not separated from those with HIV+. If anybody is suffering from communicable diseases, they will be provided separate accommodation. Every inmate is free to meet any official to complain or drop complaint in Superintendent Petition Box available at every ward. The prices of goods are updated as per market rates from time to time and rates are fixed by Jail Welfare Canteen Committee and updated according to market changes. Raw material is purchased separately for Wet Canteen and Langer. NGOs are always welcome to provide any type of items or help. Daily diet sheet includes, bread, Atta, Biscuit, Dal, condiments, salt, mustard oil, vegetables, rice, tea milk, tea leaf, sugar, onion, soya bean, imli, bread potatoes. Officers also gave the quantum and standard weight of the things given to Convicts of simple or rigorous imprisonment and children. Claiming unsatisfied, appellant filed the First appeal. First Appellate Authority concluded that substantial information was given and closed the appeal. Order dated 25.6.2014 mentioned that appellant did not specify the points on which the information was incomplete, wrong and confusing. Hence, FAA held that it cannot be replied. Being unsatisfied, appellant approached the Commission.

DECISION:

4. The appellant is not present. The Public Authority made their submissions. All the jails have given their diet sheets and diet charts along with details of food items. They have presented the written submissions dated 1152015 stating that the RTI application was transferred to all the PIOs of Central Jail, Tihar for supplying information to the appellant and they in turn sent the replies directly to the appellant. The appellant was in jail when he filed this RTI application, but now he is out of jail. Respondent authority said that appellant was a habitual offender committing thefts, and breach of Arms Act etc, and was undergoing several jail terms since 2004. His question also concerned the facility of smart cards which were provided to the inmates. In fact, detailed and repeated information was provided to the appellant.

5. The Commission heard the submissions and perused the record. The appellant was critical about the system of diet supply and introduction of wet canteens. He asked about huge details of diet given to the prisoners, its nutritious value, charges, quality and quantity of the diet, maintenance of contract for wet canteen etc. The prisoner’s questions reflect the malfunctioning of diet supply mechanism in the prison. Though indirectly he made serious allegations that wet canteens in jails are being promoted where the prisoners have to purchase through smart cards given to prisoners, while diluting quality of food generally supplied free of cost, with malicious intention to secure profits to wet canteens. One substantial part of his RTI request is about complaints of quality of diet even this RTI application appears to be a complaint.

6. The Commission appreciates the officers for responding to important points but directs the respondent authority, to furnish information on the following points, which were not answered earlier:

a) What is the quantum of milk distributed every day in all jails? If non-volunteers do not get their quota of milk, does that stock of milk go into black market? Which officer is responsible for deficiency in distribution of milk in central jail number 5 in Tihar?

b) As per the rules and regulations, whether Superintendents, Assistant Superintendents and Senior Superintendents address the prisoners and redress their grievances?

c) Is there a Superintendent’s petition box in the Jail? There is no petition box from the past few years; does Director General know this? Then what disciplinary action is taken against the officials as per the Jail manual? Whenever an officer inspects wards, an entry is made in the register No. 16A/16. How many times in the past three years Directing Officer visited Prison Wards?

d) Though in Central Jail Serial No. 5, Tihar, Delhi, there is a 1000 liter water tank. Still there is serious scarcity of water inside and tractors are transporting water into Jail. Why?

e) Whether wardens or head wardens permitted to consume alcohol on duty? If not explain what action was taken and against how many?

f) How many times in a month or week, a lawyer of Supreme Court visits Central Jail No. 5 in Tihar Delhi? How many prisoners at Tihar Jail were provided relief from them.

g) Fruits, vegetables, salads, rice, chole kulche, etc are being sold at fixed prices. Though price is reduced in the market, the prisoners are purchasing for high prices only, for instance Rs. 25 is paid for a dozen bananas, even in the month when that cost was reduced in marker outside to Rs 10. Similarly the price of kilo Apples was reduced from Rs 80 to 40 per, but still the prisoners have to purchase at Rs 80 per kilo only. Why? Where does these items or extra money go? Who is benefitted and why prisoners should be deprived of.

h) To increase demand for profitable wet canteen items the quality of food in general (in Langers) is being reduced deliberately. They are made tasteless. When the material used is same for both in wet and other canteens, why should there be huge difference in quality and taste? While the flower of Gobbi is used in special paratha in wet canteen, its waste stems are used for making the morning and evening food in Langer in Jai no. 5. Who is responsible for these deliberate acts meant for forcing the prisoners to use smart card to purchase in wet canteen, to increase profit of wet canteen?

The Commission direct the respondent authorities to consider the above points as the complaints and furnish action taken report on the above issues and on the differential quality of food supplied to prisoners within one month from the date of receipt of this order and also to place on internet and on notice board under voluntary disclosure provisions, the diet chart, standards of food for inmates suffering simple and rigorous imprisonment and children, besides medical services, redressal grievances available at respective prisons.

7. The information on the above points shall be furnished to the Commission within one month from the date of receipt of this order, with a copy to the appellant. With these directions the appeal is disposed of.

(M Sridhar Acharyulu)

Information Commissioner

Citation: Sehjad vs. Tihar Jail in Case No. CIC/SA/A/2014/001282