HUSSAINARA KHATTON & ORS. vs HOME SECRETARY, STATE OF BIHAR, PATNA

The Supreme Court held that 'protective custody' of women in jails violates their personal liberty under Article 21 of the Constitution, as there is no legal provision for such custody. The Court mandated the establishment of welfare homes for women and children instead of imprisonment. Furthermore, it ruled that under-trial prisoners must be released if charges are not filed within the limitation period under Section 468 of the Code of Criminal Procedure, and that compliance with Section 167(5) regarding the necessity of continued investigation must be ensured. The Court directed the release of all women and children in protective custody and scrutinized the cases of under-trial prisoners for timely release.