Solitary Confinement as Torture: A Constitutional and Human Rights Perspective in India

Solitary confinement, a prison practice involving the isolation of inmates from human interaction for an extended period of time, has been a subject of debate regarding its status as a psychological form of torture. In the Indian context, solitary confinement has a direct bearing on the constitutional provision of Article 21 and the United Nations Nelson Mandela Rules on human rights.

History of Solitary Confinement

The history of solitary confinement dates back to the 18th century in the United States. This has its roots in the Quakers’ principle, which stated that solitary contemplation and prayer would lead to moral reform. This was a humane form of punishment in place of corporal punishment, as it emphasized the mental and spiritual rehabilitation of the prisoner. It was assumed that the prisoner would go through a process of reflection, repentance, and eventually rehabilitation.

It was soon realized that this process was doing more harm than good. The prisoners were going through extreme psychological trauma due to the isolation, which led to mental breakdowns, hallucinations, depression, panic attacks, anxiety, delusions, and even suicide. In 1890, the U.S. Supreme Court came close to declaring solitary confinement unconstitutional, and in the same year, it became a regular practice.

Legal Bases in India

The legal basis for solitary confinement in India is largely based on colonial legislation. Sections 73 and 74 of the Indian Penal Code, 1860 (as replicated in the Bharatiya Nyaya Sanhita, 2023) provide for its imposition as a measure of rigorous imprisonment. Section 73 provides for a maximum of three months in total, with no period of solitary confinement to exceed fourteen days, while Section 74 provides for a maximum of one-fourth of the term of imprisonment or three months, whichever is less, with no period to exceed seven days in every fortnight. The Prisons Act of 1894 requires solitary cells to provide for communication with prison officials and medical inspection daily after the first twenty-four hours of solitary confinement.

Section 74. Limit of solitary confinement

“In executing a sentence of solitary confinement, such confinement shall in no case exceed fourteen days at a time, with intervals between the periods of solitary confinement of not less duration than such periods; and when the imprisonment awarded shall exceed three months, the solitary confinement shall not exceed seven days in any one month of the whole imprisonment awarded.”

One of the most significant judgments regarding the isolation of convicts on death rows is the case of Sunil Batra vs. Delhi Administration. The rights of convicts were upheld in this case, and it was held that being locked up in a cell is dehumanizing for convicts. The Indian Constitution’s Article 21 is violated when the freedom of movement of a convict is curbed. Even in applying Section 30(2) to convicts on death row, there should be a wait until they have exhausted all legal avenues open to them to challenge their death sentence in court. This case has established a very important precedent in dealing with future cases related to solitary confinement.

Constitutional Scrutiny

Article 21 of the Constitution: “No person shall be deprived of his life or personal liberty except according to procedure established by law” provides vast safeguards to prisoners, interpreting “life” very broadly to encompass dignity and mental health. The Supreme Court has repeatedly held that arbitrary solitary confinement violates this right.

The landmark case Sunil Batra v. Delhi Administration (1978) was significant, in which Justice Krishna Iyer called solitary confinement “banishment” and “psychic torture,” terming it a “grave inquest of soul.” The Court held that it was unconstitutional without judicial sanction, prohibiting prison superintendents from unilaterally subjecting prisoners to solitary confinement.

This was an extension of Charles Sobraj v. Superintendent, Central Jail (1978), in which solitary confinement was restricted to instances of threats to prison security.

In the case of Kishore Singh Ravinder Dev v. State of Rajasthan (1981), the Supreme Court again asserted that solitary confinement violates Articles 14 (equality), 19 (freedoms), and 21, which are permissible only in the “rarest of rare” situations with procedural justice. More recently, in 2023, the Punjab and Haryana High Court struck down solitary confinement for Umar Khalid and others, holding that less than ten minutes of outdoor time per day constitutes de facto isolation, violating dignity.

Human Rights Violations

Globally, solitary confinement is examined through the UN Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules, 2015), where Rule 44 describes it as “confinement for 22+ hours a day without meaningful human contact,” considering more than 15 days of its use as torture or cruel treatment. Rule 43 bans it for vulnerable sections such as juveniles, women, or mentally ill prisoners, which are often neglected in India.

India, despite not being a signatory to the UN Convention Against Torture (CAT), is still obligated by customary international law and its own human rights obligations. The UN Special Rapporteurs have denounced the use of solitary confinement, such as in G.N. Saibaba’s case in 2019, as “torturous” given his disability. Psychological effects such as hallucinations, anxiety, depression, and self-inflicted injuries are well-documented, with the Istanbul Protocol identifying them as indicators of torture.

Indian Historical Cases About Solitary Confinement

In the case of Unni Krishnan & Ors. v. State of Andhra Pradesh & Ors., the Supreme Court held that “one of the rights which finds its basis in Article 21 of the Constitution, which provides for the right to life, is the ‘right to escape solitary confinement.’

In this case, the Supreme Court holds that the right to life provided by Article 21 of the Indian Constitution includes the privilege against isolation.

In the case of Sunil Batra v. Delhi Administration, the Supreme Court made it very clear that the humanitarian petitions presented before the President of India had been dismissed on the grounds that they resembled other cases due to the unique cell repression that was unlawful.

Tamil Nadu State v. T.V. Vatheeswaran…

Deplorable Living Conditions Inside the Solitary Cells

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Conclusion

No one truly knows a nation until one has been inside its jails. A nation should not be judged by how it treats its highest citizens, but its lowest ones.”   -Nelson Mandela

Although the process of imprisoning an individual involves the cutting of some of the liberty so that the idea of punishment and deterrence is included in the interest of justice for the public and the victims of the crime, some of the principles of humanity can never be ignored under any circumstances. The life of the prisoner inside the prison would not even come close to the life outside the prison, but even then, the personhood of the prisoner cannot be ignored. The law would always strive towards achieving the balance between the interest of the prisoner and the interest of the public. While the idea of giving too much liberty to the prisoner in the name of human rights can never be justified, but some restrictions need to be imposed on the quantum of punishment.

The solitary confinement casts a dark shadow on humanity and hence, under no circumstances must it be allowed. Instead, a measure that complies with the human rights must be adopted in order for the civilization to remain intact and not degenerate into a state of barbarism.

Written by-
Hansika Bakshi, BA LLB (HONS)
University Institute of Legal Studies, Himachal Pradesh