Events & Issues
New
Delhi, 15 September 2014
State of
Prisons
OVERHAUL
LAWS, ADMINISTRATION
By Dhurjati
Mukherjee
The Supreme Court’s recent order
seeking release of undertrials who have served half their maximum term without
trial, should be seen as a blessing in disguise for prison administrators. It
is no secret that in India,
jails are inadequately
administered owing to overcrowding and under staffing. This apart, these are
plagued with extortion, drug and sexual abuse of the prisoners, by both inmates
and jail officials.
The problem of overcrowding is
concentrated in a few but densely populated States like Uttar Pradesh, Madhya
Pradesh, Chhattisgarh and Delhi.
As per Home Ministry’s data, in UP overcrowding is close to 32,000 prisoners
when cumulative overcrowding across the country stands at over 42,000. The 65
jails of the State having capacity of a little over 47,000 have crammed over
80,000 prisoners.
Similarly, Chhattisgarh is another
laggard State with its prisons overcrowded by over 9000 inmates against a
capacity of around 6000. The well-known Tihar jail of Delhi, where many VIPs end up with five-star
facilities, has almost twice the number of inmates against its capacity.
However, there has been some improvement
in Bihar, Tamil Nadu and Odisha. Most of the
changes came in the past one decade when the UPA government launched a seven-year
scheme of Rs 1800 crores for modernization of prisons across the country.
Moreover, between 2002 and 2012, the number of jails increased to 1394 with the
capacity improving to over 343,000. But this is not enough. According to
available figures, by end-2012, there were around 385,000 inmates in these
jails but the figure presently would be around 420,000.
It is a fact that laws passed over a
century ago continue to govern the administration of prisons. As is known,
legislation on prisons is included in the State list and the governments have
the power to control and regulate these. As a result, prisons across the
country vary in their rules and models. And all State laws can be traced to
three main laws that govern the administration of prisons in the country – the
Prisons Act of 1894, the Prisoners Act of 1900 and the Minimum Rules for the
Treatment of Prisoners, 1977.
Experts believe and quite rightly
that there is an imperative need to overhaul the laws governing prison
administration. The Commonwealth Human Rights Initiative (CHRI) and many such
organizations have been working in Third World
countries to implement the recommendations of the All India Jail Reforms
Committee of 1980-83.
The committee, headed by Justice AN
Mullah, studied the treatment of prisoners and observed: “if prisoners are
treated humanely according to set rules and are provided with incentives for
showing good conduct and discipline, the need for enforcing prison discipline
through prison punishments will reduce”. It also drafted a model prison Bill
based on the standards recommended by the Standard Minimum Rules for Treatment
of Prisoners, 1955. However, not much
headway has been made yet in carrying out its recommendations and transforming
prisons.
The new concept of prisons the world
over is to make them centres of reform, whereby the convict undergoes a change
and eventually becomes a responsible member of society. Though there has been
some changes here and there in some prisons across the country and
rehabilitation programmes introduced, including counselling, vocational
training etc. much remains to be done.
Only when leading political
personalities are arrested, their stay is made comfortable and all facilities,
which are not in tune with established rules of prisons, provided. This is not
done for low level political prisoners and other undertrials. And for most
others, the state of some prisons is indeed horrible, to say the least.
In 1987 the Government appointed the
Justice Krishna Iyer Committee to undertake a study of the situation of women
prisoners in the country and accordingly the first women jail was established
at Yarwada, Maharashtra followed by a few
others. But though some of its recommendations were adhered to, there have been
reports of women being subjected to sexual abuse and molestation while in
custody by jail officials. However, these women don’t speak out for fear of
being penalized.
Under the Juvenile Justice Act, 2000,
fortunately the States of Gujarat, Maharashtra
and Tamil Nadu have done some good work in encouraging borstal system through a
well-planned strategy where homes have been set up to reform young criminals.
This was in keeping with the UN Standard Minimum Rule, which made it mandatory
for providing separate residence for young and child prisoners so they could be
treated better.
The increase in crimes has obviously
resulted in prisons being overcrowded and, as a result, proper facilities are
amiss. Moreover, the Central government has never considered providing adequate
funds to transform State prisons to model prisons. Most of the State
governments have been suffering from severe resource crunch and do not consider
it important to invest in prisons.
The recent controversy regarding
rights for all classes and categories of political prisoners has triggered off
a debate as those arrested for ultra-left activities were not given proper
status and facilities. A Committee for the Release of Political Prisoners
(CRPP) was formed in 2008 to make the Government realize the urgency of
bringing out legislation on recognizing the category of such prisoners as per
internationally recognized practices and norms in accordance with UN Covenant
on Prisoners.
It further pointed out that
prisoners from the Muslim community or Kashmiri Muslim prisoners, the
Kamtapuris, the people of Manipur, Assam, Tamil nationalists, the Maoists, the
Nagas, Bodos etc, have been facing the worst kinds of humiliation and torture
in prisons and needed immediate rectification. The Committee made a detailed
charter of demands, most of which need to be considered seriously.
The jail manuals and the laws
governing administration of prisons should be strictly implemented and
reformed, wherever necessary, keeping in view the changes occurring in society.
Prisoners need to be treated more humanely and given a chance to transform
themselves by engaging them in various productive activities other than imparting
teaching on moral and ethical values.
Efforts also have to be made for
structural changes in prison administration so that better facilities are
provided, specially related to living conditions, health, hygiene and
recreation. More so as health facilities are rather poor. Around 1400 inmates
died in 2010 alone and the main cause were diseases like malaria, RB and
typhoid, all of which are curable. The per capita cost for each prisoner must be
re-worked and in tune with market costs and funds arranged accordingly.
There is also a need to formulate a
self employment plan which they could pursue. Meaningful work after being
released would discourage them from anti-social activities. If vocational
training is imparted during the sentence period, they could continue doing the
same on release with funds, made available by the State and loans from banks. The
primary objective of the State has to be geared towards reforming the mindset
and behaviour of the under trials and prisoners so that they can join the
mainstream of society as responsible citizens.
There is an imperative need to
reform prisons as also their administration and functioning for which necessary
funds need to be allotted. Perhaps, even private-public partnership could be
contemplated in running the prisons to bring in more efficiency in the system. A
fresh policy in place could thus be followed judiciously by the States. ---INFA
(Copyright,
India News and Feature Alliance)
|