Strip-searching undertrial prisoner violates right to privacy: Court

Conducting a search of an undertrial prisoner by stripping them nude amounts to a "violation of [their] fundamental right to privacy", observed a special court in Mumbai and ordered authorities of a Mumbai prison to use scanners and gadgets instead of strip searches.

Special judge under Maharashtra Control of Organised Crime Act (MCOCA) B.D. Shelke passed the order on April 10 on a complaint by Ahmed Kamal Shaikh, an accused in the 1993 blasts case. The detailed order became available recently.

Shaikh claimed that whenever he is taken back to the prison after court proceedings, the guards at the entrance search him after stripping him naked before other prisoners and staff members. The practice is humiliating and also a violation of his right to privacy, the application said.

The plea also said that the guards subject Shaikh to "filthy and unparliamentary language" if he opposed the strip search.

Authorities from the Mumbai jail, where the accused is lodged, denied the allegations, claiming that no such incident took place. Shaikh's plea is aimed at pressuring the authorities, they said.

After hearing both sides, the court said, "There is some substance in the contention of the applicant (Shaikh). Apart from this, this accused, other UTPs (undertrial prisoners) who were brought before this court also made such complaints against the searching guards."

The court observed, "Certainly, taking a search by making the UTP nude is a violation of his fundamental right to privacy, it is also humiliating. Not only this but using unparliamentary or filthy language against the accused is also humiliating to the UTP."

The judge then directed the superintendent of the central prison, Mumbai, and guards to use only scanners or gadgets to search undertrial prisoners.

The court added that if scanners or electronic gadgets are not available and a personal search of an undertrial prisoner is required to be conducted physically, the authorities should not "misbehave" or "humiliate" the undertrial.

"The authorities should not strip, use filthy or unparliamentary language against the UTPs," the court added.