Gauhati HC takes suo motu cognisance of ‘grim conditions’ in Assam jails, seeks accountability from state

The Gauhati High Court has taken suo motu cognisance of serious health and prison-administration concerns across Assam’s jails, flagging HIV infections, severe overcrowding, inadequate mental healthcare, suicides and prolonged delays in the processing of remission applications.

A Division Bench comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury has directed the Assam government to submit a detailed affidavit outlining the measures taken and proposed to address the issues. The matter has been listed for further hearing on October 8, 2026.

The suo motu proceedings were initiated following reports about the condition of inmates at the Guwahati Central Jail, particularly the detection of HIV-positive prisoners. According to the reports placed before the court, 38 inmates, including five women, had tested positive for HIV at the Guwahati Central Jail. The court noted that the precise mode of transmission could not be immediately established, although the sharing of infected needles was suspected in some cases. The inmates were receiving antiretroviral therapy (ART) at Gauhati Medical College and Hospital (GMCH).

The court also considered an inspection report submitted by the Member Secretary of the Assam State Legal Services Authority, which highlighted overcrowding in several prisons across the state.

In some jails, the inspection reportedly found as many as 42 to 45 prisoners confined to a single small room with only one toilet. The situation was described as particularly acute in the district jails of Nalbari, Dhubri, Hailakandi and Sribhumi.

The inspection also found concerns over communication facilities for inmates from other states lodged in Sivasagar and Dhubri jails. Some prisoners reportedly complained that they were neither permitted to use mobile phones to contact their families nor provided alternative means of communication.

Mental healthcare and suicides raise concerns

The Bench expressed concern over what it described as a serious lack of mental healthcare facilities in the state’s prisons. The inspection report indicated that psychiatric care was inadequate, with inmates reportedly complaining about irregular visits by psychiatrists.

The court also took note of suicides and other unnatural deaths in Assam’s prisons. Three convicts had reportedly died by suicide in Nalbari District Jail, while similar incidents had also been reported from Udalguri jail.

According to the material considered by the court, 27 cases of unnatural deaths and suicides have been reported in Assam’s jails over the past five years.

1,672 inmates housed in Guwahati Central Jail

A separate inspection by the Chief Judicial Magistrate, Kamrup (Metro), on August 2 highlighted the extent of overcrowding at Guwahati Central Jail.

Against a sanctioned capacity of 1,400 inmates, the jail was found to house 1,672 prisoners, including 77 women.

The inspection report recorded 31 HIV-positive inmates, including two women, one inmate suffering from tuberculosis and 19 prisoners undergoing psychiatric treatment.

While some facilities were found to be functional, the overall condition of the jail was described by the court as a serious matter requiring urgent attention.

Remission applications pending for years

The High Court also raised concerns over delays in the consideration of remission applications filed by life convicts.

According to the court records cited in the reports, some prisoners had complained that their applications had remained pending before the Remission Board for two to three years.

The Bench also referred to the minutes of the State Legal Review Board meeting held on March 19, 2026. The records showed that 32 remission proposals made in 2025 had been returned, while only one of 58 cases involving life imprisonment had been approved.

Court seeks detailed government response

Taking note of the multiple concerns affecting prison administration and inmate welfare, the Bench directed the departments concerned to file a detailed affidavit setting out the remedial measures already undertaken and those proposed.

Additional Advocates General P.N. Goswami and B. Gogoi, representing the departments concerned with prison administration and health, were asked to place the government’s response before the court.

The High Court’s intervention comes against the backdrop of wider concerns over HIV detection in Assam’s prisons. Earlier reports had said that 226 inmates across 31 Assam jails tested positive for HIV between April and July 2026, with officials attributing nearly 95% of the detected cases to injecting-drug-use-related factors rather than establishing transmission inside prisons.