Solitary Confinement

By prof priya tiwari

• Introduction
• Solitary Confinement is one of the coercive and deterrent
punishments which forbids the prisoners from having any contact
with the other inmates of the cell and are generally confined in small
non – ventilated cells where they spend more than 22 hours a day.
Solitary Confinement is usually awarded as a punishment to convicts
with extreme behavior causing problems to other inmates and as a
disciplinary measure in case of violation of any rules in prison.
Generally, there is a fixed period for solitary Confinement, but prison
officials often misuse it by extending the stay of convicts for an
indefinite period.
Origins of Solitary Confinement as a medium of “Punishment.”

The Origins of Solitary Confinement began as an experiment in the

eastern state penitentiary in Philadelphia. The main idea behind this
was a Quaker belief, which essentially assumed that an individual
isolated in stone cells with a Bible would repent and realize their
mistake. This experiment massively failed as the inmates went crazy in
isolation, and some even attempted suicide. Ultimately, isolating the
prisoners was slowly abandoned in forthcoming years.
Laws Related to Solitary Confinement in India
The term “Solitary Confinement” is not defined in any code or legislation, but the provisions
related to it can be located in the Indian Penal Code 1860 and the Prisoners Act 1894.
Section 73 of the IPC states that – The Court has the power to impose solitary Confinement
as a part of rigorous punishment but should not exceed three months as a whole. This
section further segregates the sentence related to solitary Confinement based on the
imprisonment period –
If the sentence is less than six months in jail, the time spent in solitary confinement cannot
exceed one month.
The amount of time spent in solitary Confinement can be at most two months if the
sentence is more than six months but not more than a year.
If the sentence is more than a year in jail, the time spent in solitary confinement cannot
exceed three months.
Section 74 of the Indian Penal Code limits solitary Confinement by restricting time intervals
between solitary Confinement. This section states that the period of solitary Confinement
should be at most 14 days as a whole and breaks between the two Confinement not be less
than the prescribed period. Similarly, in the imprisonment of more than three months, the
solitary Confinement should be at most seven days a month, and the intervals between the
two Confinement will be at least the prescribed period.
• Solitary confinement consists in keeping an inmate alone in a cell
for over 22 hours a day. Because of the harmful effect on the
person's physical and mental well-being, solitary confinement
should only be used in exceptional circumstances. It should be
strictly supervised and used only for a limited period of time.

• Solitary confinement is legal under Sections 73 and 74 of the IPC,

but it is subject to specific restrictions due to its severe character,
which affects the prisoner both Physically and Mentally. It has a
negative impact on mental health and can also exacerbate pre-
existing mental health issues.
• Case law
• Sunil Batra v. Delhi Administration is one landmark judgment regarding
solitary Confinement for death row inmates. In this case rights of the
prisoners were upheld, and it held that prisoners are dehumanized in
isolation. Restricting the prisoner's right to move freely violates Article 21
of the Indian Constitution.

• In Kishor Singh Ravinder Dev Etc vs. State Of Rajasthan, the apex court
held that confining the prisoners for a more extended period in solitary
Confinement is a clear violation of Article 21 of the constitution. The
applicability of this section should be made only in the “rarest of the rare
case” and not on some feeble grounds. This decision was further upheld
and followed in Union of India v. Dharam Pal, where the prisoner was held
for nearly 18 years in solitary confinement out of the more than 25 years
he spent in jail. The Supreme Court, in this case, held that such
Confinement amounts to additional punishment and is not approved by
the law.
• Conclusion
• The Practice of Solitary Confinement is one of the inhumane and brutal
punishment imposed on a prisoner. Section 73 and 74 of IPC even though puts
some restrictions on its applicability but at the same time it indirectly grants
legality to solitary confinement. Similarly, the centuries old colonial legislation
Prisoners Act,1894 further adds fuel to the fire by confining the rights of death
row inmates. Despite these arbitrary rules and regulations related to solitary
confinement the judiciary played a pivotal role in upholding the fundamental
rights of the prisoners with their Judgments.
• These Judgments offers the way forward in ensuring that basic human rights of
the prisoners remain intact. The main purpose of the prison system is to ensure
the reformation of the prisoners and reduce recidivism. Solitary Confinement
neither ensures reformation nor reduces recidivism it only acts as a “Punishment
beyond Punishment” which doesn’t serve any purpose towards welfare of
prisoners. Therefore, Solitary confinement in prisons need to exercised only in
the exceptional circumstances as a last resort and not as a tool of suppression
for rights of the prisoners.