Short Essay on Some Important Prison Reforms !
Undoubtedly, the condition of modem prisons is better than that in the past but still much remains to be done in the direction of prison reforms for humane treatment of prisoners. The treatment of prisoners should be in accordance with the constitutional mandates to secure them the basic rights. Emphasising the need for change in the attitude of jail authorities towards the prison-inmates, the Supreme Court in Mohammad Giassudin v. State of Andhra Pradesh, observed:
“Progressive criminologist across the world will agree that the Gandhian diagnosis of offenders as patients and his conception of prisons as hospitals—mental or moral—is the key to the pathology of delinquency and the therapeutic role of punishment. The whole man is a healthy man and every man is born good. Criminality is a curable deviance. Our prison should be correctional houses, not cruel iron arching the soul”.
ADVERTISEMENTS:
The following modifications in prison administration may be suggested for improving the efficiency of these institutions:
(1) The maintenance of prison establishment is an expensive affair. It is in fact an un-evitable burden on the public exchequer. Therefore, the offenders should be confined to prison for only a minimum period which is absolutely necessary for their custody. The elimination of long term sentences would reduce undue burden on prison expenditure.
It is further suggested that where the term of imprisonment exceeds one year, a remission of one month or so per year be granted to the inmate so as to enable him to go to his home town and meet his near relatives. This will help in his rehabilitation and after his release he can face the outside world courageously casting aside the stigma attached to him on account of Prisonisation. The periodical furlough granted to prisoners in India under the Prison Act and the rules framed there under is intended to achieve this objective.
(2) The women prisoners should be treated more generously and allowed to meet their children frequently. It will keep them mentally fit and respond favourably to the treatment methods. A liberal correctional and educational programme seems necessary in case of women delinquents because they need lesser control and custody due to their feminine temperament.
ADVERTISEMENTS:
Particularly, the women who fall a prey to sex offence should be treated with sympathy and their illegitimate children should be assured an upright life in the society. Women prisoners should also be allowed to meet their sons and daughters more frequently, particularly the attitude in this regard should be more liberal in case of undertrial prisoners.
Women offenders should be handled only by women police or prison officials. The idea of setting up separate women jails exclusively for women prisoners, however, does not seem to be compatible keeping in view the huge expenditure involved in the process.
The Supreme Court in R.D. Upadhyaya v. State of Andhra Pradesh and others, expressed its concern for the children living in jail with their prisoner mother and laid down detailed directives as regards adequate food, shelter, medical care, clothing, education and recreational facilities for such children which are declared to be child’s right. The Court further directed that in case of a child born out of a prisoner mother, his birth place should not be recorded as ‘prison’ in the birth certificate.
A child above the age of 6 years should not be kept with female prisoners. The Court issued directives to the States to amend their jail manuals accordingly. The Court opined that these directives were necessary keeping in view the fact that jail environment is certainly not congenial for the development of the children and for securing children their inherent right to enjoy happy childhood.
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The coordinator of Women’s Action Research & Legal Action for Women (WARLAW) had filed a petition before the Court stating that more than 70% of the women prisoners are married and have children. At the time of arrest of the women prisoners having children, indiscriminate arrest is confined only to women/mother prisoners but such arrest is automatically extended to these children who are of tender age and there is no one to look after them without the mother.
On the basis of various affidavits submitted to the Apex Court, there were 6496 undertrial women with 1053 children and 1873 convicted women with 206 children as on 23rd January, 2002.
The Court finally directed that compliance report stating steps taken by the Union of India, State Governments and Union Territories and Legal Services Authorities shall be filed in four months where after matter shall be listed for further directions.
Consequent to the directives of the Apex Court, twelve States and Delhi (UT) have set up women jails which function exclusively for women prisoners. The intake capacity of each of these women jail is as follows:—
The State of Andhra Pradesh and Tamil Nadu have two women jails in each with intake capacity of 320 and 513 respectively. Other States have one woman jail in each with total capacity of women prisoners at Delhi (400); Maharashtra (262); Rajasthan (200); Punjab (150); West Bengal (100); Bihar (83); Uttar Pradesh (70); Kerala (60); Orissa (55) and Tripura (30).
(3) The undertrials, minors, recidivists and first offenders should be kept separated from each other. Similarly, political offenders who are not guilty of vie -ice should also be kept separate and not be housed in the same premises in which other criminals are lodged. It is inhuman and unreasonable to throw young boys to sex starved prisoners or to run menial jobs for hardened and affluent prisoners. The young prisoners should be separated from adults.
(4) There is need for scientific classification of prisoners based on the nature of the crime committed, age, sex, character and propensities of the
offender including his educational level and likely response to prison treatment.
(5) The prisoners belonging to peasant class should be afforded an opportunity to go to their fields during harvesting season on temporary ‘ticket on leave’ so that they can look after their agriculture. This would enable them to keep in touch with their occupation and provide means of living to the members of their family. Thus the unity of family life can be maintained which would help rehabilitation of the prisoner after his release from jail.
(6) Though the prisoners are allowed to meet their near relatives at fixed intervals yet there is a further need to allow them certain privacy during such meetings. The meetings under the supervision of prison guards are really embarrassing for inmates as well as the visitors and many thoughts on both sides remain unexpressed for want of privacy. The rights of the prisoners to communicate and meet friends, relatives and legal advisers should not be restricted beyond a particular limit.
It must be stated that frequent jail visits by family members go a long way in acceptance of the prisoner by his family and small friendly group after his release from jail finally, as the visit continue the personal relationship during the term of imprisonment which brings about a psychological communication between him and other members of the family.
(7) The present system of limiting the scope of festivals and other ceremonial occasions merely to delicious dishes for inmates needs to be changed. These auspicious days and festivals should be celebrated through rejoicings and other meaningful programmes so that the prisoners can at least momentarily forget that they are leading a fettered life.
(8) The existing rules relating to the restrictions and scrutiny of postal mail of inmates should be liberalised. This shall infuse trust and confidence among inmates for the prison officials.
(9) The prison legislation should make provision for remedy of compensation to prisons who are wrongfully detained or suffer injuries due to callous or negligent acts of the prison personnel. It is gratifying to note that in recent decades the Supreme Court has shown deep concern for prisoner’s right to justice and fair treatment and requires prison officials to initiate measures so that prisoner’s basic rights are not violated and they are not subjected to harassment and inhuman conditions of living.
(10) The education in prisons should be beyond three R’s and there should be greater emphasis on vocational training of inmates. This will provide them honourable means to earn their livelihood after release from jail. The facilities of lessons through correspondence courses should be extended to inmates who are desirous of taking up advanced studies.
Women prisoners should be provided training in tailoring, doll-making, embroidery etc. The prisoners who are well-educated, should not be subjected to rigorous imprisonment instead, they should be engaged in some mental-cum-manual productive work.
Of late, efforts are being made to impart yoga training to the prison inmates which not only keeps them physically fit but also makes them mentally healthy. This is indeed a commendable measure and the scheme should be extended to all the prisons in India. The States of Gujarat and Maharashtra have taken a lead in this direction and appointed competent Yoga teachers for training the prison inmates.
(11) In order to make inmates discipline-conscious, ‘good time laws’ should further be liberalised. A general policy to cut-short inmate’s sentence in case of good behaviour will offer them an early opportunity to join the community and at the same time relieve the burden of the State on their maintenance. The introduction of ‘honour system’ in prisons can also attain a similar goal.
Those who react favourably to prison discipline and display loyalty should be allowed to associate themselves with the prison staff and participate in the prison administration. The premature release of prisoners on national festivals by way of political expediency is generally not favoured by penologists because it goes against the set principles of sentencing.
(12) On completion of the term of sentence, the inmates should be placed under an intensive ‘After care’. The process of ‘After care’ will offer them adequate opportunities to overcome their inferiority complex and save them from being ridiculed as ‘convicts’.
Many non-penal institutions such as Seva-Sadans, Nari-Niketans and Reformation Homes are at work in different places in India to take up the arduous task of ‘After care’ and rehabilitation of criminals. Open Air camps may also serve a similar purpose. Many States have formed Prisoners Aid Societies for initiating steps to provide assistance to the discharged prisoners.
(13) There is dire need to bring about a change in the public attitude towards the prison institutions and their management. This is possible through an intensive publicity programme using the media or press, platform and propaganda. It will certainly create a right climate in society to accept the released prisoners with sympathy and benevolence without any hatred or distrust for them.
The media persons should be allowed to visit the prison institutions frequently so that their misunderstanding about prison administration may be cleared. Greater participation of public in prison administration shall certainly create an atmosphere conducive to reformation of the prisoners.
In Prabha Dutta v. Union of India, the petitioner, a newspaper correspondent filed a petition to interview two condemned prisoners Ranga and Billa for which permission was refused to her by Tihar Jail authorities. The Supreme Court allowed the interview upholding right of press to have access to prison inmates.
(14) Last but not the least, the existing Prisons Act, 1894 which is more than a century old, needs to be thoroughly revised and even re-stated in view of the changed socio-economic and political conditions of India over the years. Many of the provisions of this Act have now become obsolete and redundant. The National Human Rights Commission has also endorsed this view.
The Supreme Court, ii its landmark decision in Ramamurthy v. State of Karnataka, identified nine major problems which needed immediate attention for implementing prison reforms. The Court observed that the present prison system is confronted with the major problems of (1) overcrowding (2) delay in trial (3) torture and ill-treatment (4) neglect of health and hygiene (5) insufficient food and inadequate clothing (6) Prison vices (7) deficiency in communication (8) streamlining of jail visits and (9) management of open prisons.
This decision of the Supreme Court has its origin in a letter written by one Ramamurthy a prisoner in Central Jail, Bangalore, and addressed to the Ноn’blе Chief Justice of India. The petitioner’s grievance was stated as denial of rightful wages to the prisoners despite their hard working, non-eatable food and mental and physical torture in jail.
The Supreme Court thereupon passed an order dated 26th November, 1992 directing the District Judge, Bangalore to visit the Central Jail and find out the pattern of payment of wages and the general conditions of the prisoners such as accommodation; sanitation, food, medicine etc.
The District Judge submitted his voluminous report of more than 300 pages on 28th April, 1993 which stated that general condition of prisoners, the quality and quantity of food supplied to them, pattern of payment of wages and accommodation etc. was satisfactory but sanitary conditions, medical facilities and sending prisoners to hospitals outside the jail was not satisfactory.
Also the visits of prisoners to their homes were not proper and regular as per rules due to shortage of police escorts. The place and procedure followed for interviews between the prisoners and their kith and kin, friends, visitors etc. was far from satisfactory. The District Judge in his report also made some recommendations for consideration and implementation.
Appreciating the admirable work done by the District Judge, the Supreme Court ordered follow-up action by all the 1155 prisons of India in order to ensure prison justice.
The Apex Court, in this case, ruled that though overcrowding in jail is not constitutionally impermissible but the same adversely affects health and hygiene and therefore, must be taken care of. As regards delay in trial, the earlier directions of the Supreme Court regarding entrusting the duty of producing undertrial prisoners on remand to the prison staff, instead of the police, should be followed.
The person authorised should inspect the standard of food and clothing and there should be a complaint book in all the jails. The Court also emphasised the need for setting up open jails in District headquarters of the country.
The shockingly poor and miserable conditions prevailing in Indian jails have been described by a team of journalists in the following words:—
“…Many jails in this country continue to be a byword for human degradation on the one hand and dens of corruption, callousness and cruelty on the other. Numerous and repeated attempts at reforms have failed even to make a dent in the harsh and dehumanising situation, leave alone bringing out a thorough reform of the prison system So much so that an experienced observer of the prison scene has been constrained to mark that a jail sub-culture has grown in India which sanctifies barbaric treatment of inmates, including torture, forced labour, sexual perversion, starvation diet and large scale aggrandisement and exploitation by petty jail officials protected by power mentors.”
A noted social activist and journalist Kusum Chadha, has also expressed concern at the pathetic picture of Tihar Central Jail which is the Central Jail in the capital city of Delhi. To quote her own words:—
“Like all big jails in poor and overpopulated countries, Tihar too bears the distressing marks of repression, avarice, lust and age-old attitude of men to his fellow humans. The convicts and the undertrials both share the common denominators of wilfully insufficient and inedible food, hard labour, corrupt warders and contaminated water. Added to that are overcrowded cells and infected hospital, sugarless tea and flexible rules….
The concern for reformation of prisoners and improvement of prison conditions has been once again judicially recognised in the Supreme Court’s decision in State of Maharashtra & others v. Asha Arun Gawali. In this case, the norms relating to entry of persons to jail and maintenance of record of visitors by jail authorities had been blatantly flouted.
The Court expressed surprise that the detenu Arun Gawali was holding ‘darbar’ inside jail and throwing lavish parties and hatching conspiracies with undesirable persons who came to visit him in jail without any record of their entry in the jail register. The Court said that such activities could not be possible without active co-operation of jail officials.
The Bombay High Court directed to launch criminal prosecution against the erring jail superintendents and other jail officials. Sharply reacting to the dismal affairs in the jail and total indifference of the concerned authorities, the High Court felt that there was need for imposition of exemplary costs on the erring officials.
The High Court took a serious view of the unwarranted casualness and indifference on the part of I.G. Prisons and Chief Secretary in the matter and directed them to pay exemplary costs of Rs. 25,000/- each while the Superintendents of Jail were ordered to pay exemplary costs of Rs. 15,000/- each. The Court further directed that the State of Maharashtra shall deposit the entire exemplary costs payable by these officers within 10 days and the same may thereafter be recovered from the respective officers.
On appeal, the Supreme Court maintained the order of the High Court and issued directions that:—
(1) The State Government shall cause enquiry into the matter and inform about the findings within 6 months;
(2) The exemplary costs imposed on erring officials shall remain unaltered;
(3) Judicial officials shall undertake inspection of jails periodically;
(4) The Government may consider the appointment of a Commission headed by former Judge of the Supreme Court assisted by a former I. G. Prisons to probe into the nature of lapses and explore possible remedies.
Consequent to the aforesaid judgment of the Supreme Court, the condition of Indian prisons has considerably improved and efforts are now being made to humanise the conditions inside jails by not only providing them basic amenities but also initiating correctional measures for their rehabilitation and reformation.
Despite modem techniques of treating the offenders through a process of individualised method in prison, there are certain problems which still remain unsolved. The foremost difficulty arises in treating recidivists or habitual offenders who do not respond favourably to any of the reformative methods of treatment.
They accept prisonisation as a normal way of life and criminality as a regular profession. When recidivists are placed in a correctional institution, they treat it as a place of leisure and comfort. Thus, the treatment methods hardly serve any useful purpose in case of recidivists. Therefore, such criminals have got to be confined to four walls of the prison and made to live a strictly regulated life.
It need not be stated that hardened criminals and recidivists are an unnecessary burden on the State but they have to be tolerated at any rate for the sake of respect for human life and social security. Commenting on the policy to be followed in case of recidivists, Sir Lionel Fox observed, “certain people are worthless from social standpoint and are in fact physically, mentally and morally a burden on society and there exists no rational reason to provide care for them”.
Yet another problem about prisons in India is the ever increasing population of prisoners. This increase in the number of inmates adds to the cost of prison service while the results still remain far from satisfactory from the point of view of the protection of society as also the rehabilitation of offenders.
May be, this is just a pessimistic assumption raised in an anxiety to combat crime and visualise a crimeless society. But it cannot be forgotten that crimes are essentially conditioned by social, economic and political situations of a particular place. The advancement of knowledge, technology and civilisation has brought about radical changes in social structure, economy, political strategy and thinking.
Consequently, many new crimes which were hitherto unknown have sprung up, for example, the offences of fraud, embezzlement, forgery, theft of automobiles, gang-style crime, terrorist activities, bomb blasts, tax evasion, infringement of copyright, trade-marks and patents and many other corrupt practices are relatively of a recent origin.
That apart, many old crimes are now repeated with new techniques and methods and with minimal chances of detection. The problem of increase in population, economic depression and criminalisation of politics have also contributed to stimulate crime rate. Under the circumstances, it is erroneous to think that rise in criminality is exclusively due to the failure of our penal policies.
Far from being so, it is in fact an indication that we have yet to enlarge the scope of our penal programme to suit the changing needs of modern times. The general policy which seems expedient in the present context is the institutionalised treatment with provision of minimum security for adults and greater security for juveniles and young delinquents.
The sole contention behind the entire scheme should be to preserve respect for human life at any cost. The ultimate object of prison institution should be to reform the offender rather than to torture and antagonise him. As pointed out by Dr. Sethna, “prisons should be ‘moral hospitals’ or places of re-education but they should not be so comfortable as to be attractive”.
Inmates should be put to intensive manual labour which must be productive for the State and useful to the prisoner after his release. An ideal prison must provide for adequate work, vocational training, and basic educational, medical and recreational facilities for inmates. The prison management should be made functional, effective and goal oriented so as to prove itself as an efficient agency of the criminal justice system.