Advocate Moves NHRC for Detainee Safeguards in Delhi Agitation
Advocate Virendra Vashist moves NHRC to ensure food, water, and medical care for people detained during the ongoing Delhi agitation.
In a significant move to protect fundamental rights during civil unrest, Advocate Virendra Vashist has approached the National Human Rights Commission (NHRC) to demand essential safeguards for individuals detained during the ongoing agitation in Delhi. The plea focuses on ensuring that anyone held in connection with the protests is provided with basic necessities such as food, water, and medical care.
Protecting Human Dignity and Article 21
Vashist, a member of the Supreme Court Bar Association, has submitted a representation emphasizing that detention does not strip an individual of their right to human dignity. Invoking Article 21 of the Constitution—which guarantees the right to life and personal liberty—the advocate argued that the denial of essential survival requirements is unjustifiable, even during lawful questioning or verification processes.
Notably, the plea is preventive. It does not allege specific instances of deprivation at current facilities but seeks to establish a protocol before future detentions occur in relation to the agitation. The goal is to ensure that no person is left without basic necessities while awaiting transportation, verification, or other legal procedures.
Proposed Guidelines for Detention Facilities
The representation urges the NHRC to recommend a formal written protocol for all detention centers and police custody facilities that may be utilized during the agitation. The proposed guidelines include:
- Nutrition and Hydration: Providing nutritionally adequate meals at regular intervals and ensuring continuous access to safe drinking water.
- Medical Assistance: Prompt medical attention for emergencies involving dehydration, weakness, fainting, or malnutrition.
- Sanitation: Maintaining clean sanitation facilities and hygienic storage and distribution of food and water.
- Vulnerable Groups: Specialized care for children, the elderly, pregnant women, and persons with disabilities.
Demanding Accountability and Monitoring
To ensure these safeguards are not merely on paper, the advocate has called for strict accountability mechanisms. This includes the maintenance of detailed records regarding the provision of meals, water, and medical assistance. Furthermore, the plea suggests that responsible officers should be designated to monitor compliance and conduct inspections of detention facilities.
The representation asks the NHRC to take cognizance of the matter under the Protection of Human Rights Act, 1993. It requests the commission to communicate the urgency of these safeguards to the Delhi Police Commissioner and other relevant authorities, and to seek a status report on the preventive measures being implemented.
In supporting the necessity of these requirements, Vashist cited standards from the World Health Organization (WHO) regarding healthy diets and the National Academies of Sciences, Engineering, and Medicine regarding essential water intake, noting that nutritional needs vary based on age, environment, and physical activity.