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PRISONS AND HUMAN RIGHTS
INTRODUCTION
This report is based on the proceedings on the workshops on Prisons and Human Rights
organised at Bhopal by the Commonwealth Human Rights Initiative CHRI! in collaboration
with the "adhya Pradesh Human Rights Commission "PHRC!# The workshop$ conducted
on the %&thand %'tho( )pril *++,$ was attended by representatives (rom the -aw Commission
o( India$ the .ational Human Rights Commission o( India .HRC!$ "PHRC$ "adhya
Pradesh /tate Commission (or 0omen$ CHRI$ retired and serving o((icers (rom the prisons
and police departments$ e12 prisoners and their (amily members$ members (rom .34s$
academicins$ bureaucrats$ 5ournalists and lawyers#
The main ob5ective o( the workshop was to sensitise the administration to human rights
issues6 suggest mechanisms to monitor prison conditions e((ectively and ensure
accountability in respect o( violation o( human rights6 discuss the problems o( prison
administration and ways to motivate and develop prison sta((#
Inaugurated by "r# 7ustice "#.# 8enkatachaliah$ Chairperson o( the .ational Human Rights
Commission$ the workshop was divided into (our sessions with two sessions on each day#
The (irst days sessions$ presided over by "r# R#9# 9apoor$ (ormer :irector$ Intelligence
Bureau and "r# 7ustice )wasthy$ "ember "P Human Rights Commission$ covered issues
pertaining to the modernisation o( prison administration and motivation and development o(
prison sta((# The second days sessions$ chaired by 7ustice -eila /eth$ "ember$ -aw
Commission o( India$ discussed the sub5ect o( prisoners rights; the need (or transparency andaccountability6 and monitoring o( prison conditions#
The need (or prison re(orms has come into (ocus during the last (ew decades# The /upreme
Court and the High Courts have commented upon the deplorable conditions prevailing inside
the prisons$ resulting in violation o( prisoners rights# The problem o( prison administration
has been e1amined by numerous e1pert bodies set up by the 3overnment o( India# The most
comprehensive e1amination was done by the )ll India 7ail re(orms Committee o( *+,
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Commission have also$ in their annual reports$ drawn attention to the appalling conditions in
the prisons and urged governments to introduce re(orms#
Prisoners rights have become an important item in the agenda (or prison re(orms# This is due
essentially to the recognition o( two important principles# >irstly$ the prisoner ?is no longer
regarded as an ob5ect$ a ward$ or a slave o( the state$ who the law would leave at the prison
entrance and who would be condemned to civil death#@ *It is increasingly been recognised
that a citiAen does not cease to be a citiAen 5ust because he has become a prisoner# The
/upreme Court has made it very clear in many 5udgements that e1cept (or the (act that the
compulsion to live in a prison entails by its own (orce the deprivation o( certain rights$ like
the right to move (reely or to practice a pro(ession o( ones choice$ a prisoner is otherwise
entitled to the basic (reedoms guaranteed by the Constitution#% /econdly$ the convicted
persons go to prisons as punishment and not (or punishment#=Prison sentence has to be
carried out as per courts orders and no additional punishment can be in(licted by the prison
authorities without sanction# Prison authorities have to be$ there(ore$ accountable (or the
manner in which they e1ercise their custody over persons in their care$ specially as regards
their wide discretionary powers#
It is thus the above two themes2 prison administration and prisoners rights2 are brought
under (ocus in this workshop#
This report summarises the deliberations o( the workshop$ highlighting the important issues
which emerged during the deliberations and the important recommendations which were
made during the sessions# The report does not present the deliberations in the chronological
seuence in which they were held but groups them under di((erent thematic heads#
*:r# 9urt .eudek$ The United Nationsin Imprisonment Today and Tomorrow- International Perspectives onPrisoners Rights and Prison Conditions eds#$ :irk van yl /mit and >rieder :unkel6 9luwer -aw and Ta1ation
Publishers$ :eventer$ .etherlands$ *++*#%Charles /hobra5 vs# /uperintendent$ Tihar 7ail$ )IR *+D,$ /C *&*E=7on 8agg# Prison /ystem2 ) Comparative /tudy o( )ccountability in Fngland$ >rance$ 3ermany and the.etherlands$ Clarenden Press$ 41(ord *++E
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Prisoners Rights
The Constitution o( India con(ers a number o( (undamental rights upon citiAens# The Indian
/tate is also a signatory to various international instruments o( human rights$ like the
Gniversal :eclaration o( Human Rights which states that; ?.o one shall be sub5ect to torture
or cruel$ inhuman or degrading treatment o( punishment@E# )lso important is the Gnited
.ations Covenant on Civil and Political Rights which states in part; ?)ll persons deprived o(
their liberty shall be treated with humanity and with respect (or the inherent dignity o( the
human person@ There(ore$ both under national as well as international human rights law$ the
state is obliged to uphold and ensure observances o( basic human rights#
4ne o( the best tenets o( human rights law is that human rights are inalienable and under no
circumstances can any authority take away a persons basic human rights# The (act that this
tenet is not sometimes made applicable to prisoners is well documented# There are
innumerable 5udgements o( /upreme Court and High Courts$ showing how prisoners rights
are violated# The 5udgement highlighted the highly unsatis(actory conditions prevailing inside
the prisons and the (ailure o( the prison authorities to provide an environment which is
conducive to the maintenance o( prisoners rights$ partly rooted in the belie( that the prisoners
do not deserve all the rights and the protections that the constitution provides to all citiAens#
Besides being morally wrong and legally invalid$ this belie( does not show adeuate
recognition o( some basic (acts about the prison population#
4ut o( the total population o( %$%'$*&, in the country on *#*#*++D# *$'=$
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It is against the above backdrop that some important rights o( the prisoners were discussed in
a paper presented at the workshop by "s# "arion "acgregor o( the Commonwealth Human
Rights Initiative CHRI!#+ The paper provided an outline o( some important rights o(
prisoners$ like the Right to ,ive with &man 'ignity# Right to Pnishment as Prescri%ed %y
,aw# Right to %e ree o! etters or &andc!!s# Right to Commnication and In!ormation#
Right to Consel# Right to .rit o! &a%eas Corps and the Right to Air $rievances#
Besides discussing the legal sources o( the rights$ the paper made some suggestions which
could prove help(ul in ensuring an element o( transparency and accountability in prison
administration# /ome o( the suggestions made in CHRIs paper will be discussed later in this
report#
Prison Conditions: First Hand
The workshop provided a uniue opportunity to e12prisoners to narrate their e1periences$ and
to the delegates to share and learn (rom them about the conditions prevalent behind the prison
walls# The (amily members o( e12prisoners$ who also spoke at the workshop$ in(ormed the
delegates about the su((erings and hardships (aced by them while coping with the problems o(
detention o( their close relatives in the prisons# This session constituted a very important part
o( the workshop$ as the e12prisoners and their (amily members gave (airly graphic$ vivid and
moving accounts as well as valuable insights into the problems o( those held in custody#
The (irst speaker in this session$ "r#3uddu 9oshti$ had been in and out o( prisons on several
occasions during the last *, years# He mentioned that he was trans(erred (rom prison to
prison throughout the state and once even out o( the state to "aharashtra# This$ he alleged$
was due to his continued protests against the appalling conditions prevailing inside the
prisons and against the abuse o( authority by the prison sta((# He spoke o( the atmosphere o(
repression e1isting in prisons which discourages the prisoners (rom voicing their grievances
and complaints against authority# "r# 9oshti said that the e1treme third degree measures
that he had been sub5ected to during the eighteen long years had le(t him (ar too weak
physically to earn livelihood through labour$ and that his long terms in prisons had not
euipped him with vocational skills that would sustain him as a skilled worker# He also
+Prisoners Rights / Need !or Transparency and Acconta%ility CHRIs paper presented at the 0orkshop
E
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claimed to be a victim o( social stigmatisation which made rehabilitation all the more
di((icult#
"r# 9oshti complained that those with money$ power and clout are privileged with remission
o( sentences$ better (ood$ medical care etc# He alleged that o(ten on payment o( money to
members o( sta(($ prisoners are given special diet or admitted to hospital even though they do
not have access to these (acilities#
"r# 9oshti blamed the "PHRC (or its (ailure to bring about any change in prison conditions
and complained that all his petitions have thus (ar been ignored#
The second e12prisoner$ "r# Patel$ complained o( over crowding as well as o( poor medical
(acilities# He had su((ered due to absence o( adeuate medical care in the prisons$ which
resulted in his losing one eye# He also spoke about the incidence o( lunacy resulting (rom
mental strain in prisons# "r# Patel alleged that it was local bosses in the prisons having
money or muscle power or political clout$ who were invariably given privileged treatment#
The delegates were in(ormed about the compliant system and that prisoners could write to
their relatives or (riends or to relevant authorities about their problems# However$ the letter
were to be given open to the warder at the weekly parade$ thus suggesting a lack o( privacy
which could account (or the loss o( several letters containing complaints o( prisoners#
"r# Patel in(ormed the delegates that the system o( monitoring prison conditions was
e1tremely ine((ective# In his e1perience$ visitors$ o((icial or non o((icial$ hardly ever came
and even i( they did$ their check was merely routine$ while most o( their time was spent
chatting with the prison authorities# He also mentioned that there was hardly any legal aid
available to prisoners and that lawyers rarely visited the prisons to give legal advice to the
prisoners#
The ne1t person who spoke was the younger brother o( "r# Patel# He said that he had visited
his brother (reuently in the 5ail during the eight year period# The main problem (aced by him
was to avail his visiting rights without bribing prison sta((# )lthough bribes were not openly
asked (or$ it was an unspoken rule that the visiting time was in direct proportion to the money
that one secretly paid to the warder# 4ne could meet ones relatives without paying bribes$
but the (reuency would be greatly reduced and the time allowed would be very short# In his
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e1perience$ on payment o( a bigger amount$ one could even go inside and talk to the prisoner
(rom the visitor and provides little privacy# He also alleged that o(ten the (ood or some other
items sent to the prisoner did not reach the person# "uch o( it was either stolen or consumed
by the prison sta((#
The last speaker in this section was "rs# "alati "aurya whose husband was convicted and
sentenced to the li(e imprisonment# "rs# "aurya e1plained her plight as a woman without
(inancial or social support$ while having to support two children and an aging mother2in2law#
/he gave instances when she was not allowed to meet her husband and had to pay bribes to
various members o( the prison sta((# .ot only was she shown little sympathy but was also
humiliated at times by the sta((# "rs# "aurya complained that in spite o( a number o(
petitions on her part to stay the trans(er o( her husband to another prison$ he was moved (ar
away (rom their home town$ making visits all the more di((icult# "rs# "aurya also cited the
instance when her husband was not let out on leave despite his mother being ill and was
(inally only granted leave (or the day when she died#
The Problems
The complaints o( the e12prisoners and their relatives need to be highlighted not as cases o(
individual su((ering but as e1amples o( the general systemic malaise that a((ects the prison
system$ leading to serious human rights violations# The (ollowing are some o( the important
problems o( the prisons and related issues$ having a bearing on prisoners rights$ which were
discussed by the workshop#
0vercrowding
4vercrowding in Indian prisons is seen as the root problem that gives birth to a number o(
other problems relating to health care$ (ood$ clothing and poor living conditions# "r# 7ustice
8enkatachliah$ while inaugurating the workshop$ re(erred to this problem# He said that the
prison population o( about %$%E$
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7ustice 8enkatachaliah$ the problem o( overcrowding was so acute that inmates o(ten had to
sleep in shi(ts o( =2E hours due to lack o( space#
4vercrowding has also begun to a((ect the attempts o( the prison administration to empower
prisoners with skills that would involve them in gain(ul employment a(ter release# These
attempts come in (orm o( workshops where prisoners are taught carpentry$ printing$ binding$
doll2making$ typing etc# however$ due to the pressing need (or space$ more and more
workshops are being used to house prisoners# In "adhya Pradesh$ currently only *' out o(
*%< prisons can a((ord the lu1ury o( maintaining workshops and these are also increasingly
coming under threat due to the increasing problem o( overcrowding#
)ccording to :r# Hira /ingh$ Consultant$ .HRC$ optimum population capacity o( prisons
needs to be assessed and provisions made accordingly# Thus$ no central 5ail should hold more
than D&< prisoners and no district 5ail$ more than E
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overcrowding is to decriminalise certain o((ences and (ind alternatives to imprisonment$
particularly in petty o((ences and make minor o((ences compoundable#
:elay in completing cases is responsible (or overcrowding in 5ails# )n important (actor
responsible (or delaying trials is the (ailure o( the agencies to provide security escort to the
undertrials to the courts on the dates o( trial hearings# The prison department blames the
police (or (ailing to provide adeuate escort when reuired# The police$ however$ have their
own problems and cite law and order reuirements and security duties (or 8IPs as having
overriding priority in deciding deployment o( manpower# The only solution tot he problem is
(or the /tate 3overnment to provide trained manpower e1clusively (or prison departments
reuirement o( escorting prisoners# It was suggested that the armed police sanctioned (or this
purpose should always be kept at the disposal o( the prison department#
Prisons are also being used as multipurpose institutions$ to house not only those convicted o(
crimes but also those who do not need incarceration but medical and psychiatric treatment#
)lthough there are many 5udgements o( the higher courts denouncing the use o( prisons as
homes (or the mentally ill$ the practice continues to e1ist at some places#
Undertrials and ,egal Aid
/ome important issues about providing legal aid to the needy and poor were discussed in a
paper presented by "r# .#9# 7ain$ "ember /ecretary$ /tate -egal /ervice$ "adhya Pradesh#
"r# 7ain mentioned that legal aid was a (undamental right o( an indigent person in the G/)
and in G9# In India also$ the /tate is obliged to provide legal aid to the poor$ as the Indian
Constitution makes it one o( the :irective Principles o( the /tate Policy to do so# However$ as
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witnesses has begun$ it should be continued on day to day basis till completion o( the case$
this does not happen# "r# 7ain suggested that an amendment should be made in the Cr#P#C# to
make it possible (or an undertrial prisoner to plead guilty at any stage o( the trial# It was
(urther suggested that the -ok )dalats should deal not only with compoundable cases but also
with cases where the accused pleads guilty# He advocated strongly (or the introduction o( the
system o( plea bargaining by making necessary amendments in laws# It was$ however (elt by
some delegates that some sa(eguards would have to be instituted to minimise the scope (or
misuse o( the plea bargaining system# 4ne could always plea bargain (alsely 5ust to avoid
being kept in prison as an undertrial#
Pro(essor B# B# Pande o( the >aculty o( -aw$ Gniversity o( :elhi$ in(ormed the workshop
about the work that was done by him and his students in Tihar 7ail in the (ield o( legal aid#
-egal )id consists o( (our essential components# The (irst step is to impart legal literacy with
the aim o( spreading awareness amongst prisoners about their rights and obligations and
sensitising the prison administration# legal aid must help the prison system in reducing
re(orms# The ne1t step is that o( litigation$ where the legal aid workers take up cases o(
prisoners in courts and see that 5ustice is done# It would also be necessary to keep identi(ying
those who need and deserve legal aid# To make legal aid e((icient and easily available$
Pro(essor Pande stressed to need (or para2legal sta(( to work in prisons with both convicts and
undertrials# It was (urther suggested that there should be greater involvement o( -ok )dalats
in criminal cases$ which at present is limited# -astly$ constant monitoring o( the prison
conditions to identi(y inadeuacies and shortcomings o( the prison administration and suggest
changes in law to bring about the desired re(orms was discussed as essential to the entire
system o( legal aid#
)s observed by the "ulla Committee$ most prison inmates belong to the economically
backwards classes and this could be 2JattributeK2 to their inability to arrange (or the bail
bond# -egal aid workers need to help such persons in getting them released either on bail or
on personal recognisance# Bail provisions must be interpreted liberally in case o( women
prisoners with children$ as children su((er the worst kind o( neglect when the mother is in
prison#
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-imiting the powers o( the police to arrest$ applying the principle o( bail not 5ail in ma5ority
o( cases and releasing persons on personal recognisance and adding to the list o(
compoundable o((ences would help in reducing overcrowding in 5ails#
&ealth Care and 3edical acilities
The problems relating to the health o( prisoners and lack o( adeuate medical (acilities in
Indian prisons received considerable attention in the workshop# 7ustice 8enkatachaliah
re(erred to a recent study o( custodial deaths in 5udicial custody done by the .ational Human
Rights Commission$ which revealed that a high percentage o( deaths were attributable to the
incidence o( tuberculosis amongst prisoners# In recent times$ there has also been a disturbing
rise in the percentage o( HI8 positive inmates# /pecial and urgent care is reuired to look
a(ter such cases#
:ue to overcrowding$ inmates have to live in e1tremely unhygienic conditions$ with little
concern (or health or privacy# 4(ten cells built to house one or two persons now
accommodate twice or three times the number# "ost toilets are open$ denying the prisoner his
basic right to privacy and human dignity$ and are also dirty# 0ater shortage being the rule
than the e1ception the toilets prove to be the ideal breeding grounds (or health haAards and
epidemics#
7ustice -eila /eth gave a (irst hand account o( the health (acilities available to prisoners$
based on her e1perience as the chairperson o( the enuiry committee set up to investigate the
death o( Ra5an Pillai in Tihar 7ail# Health care o( the prisoner should be treated as a special
responsibility o( the prison administration as the prisoner$ in (act$ is handicapped by the
inability to choose the kind o( medical treatment reuired# There is o(ten little provision (or
support and succour (rom (amily or (riends and the prisoner is solely dependent on his
custodians to provide him adeuate medical (acilities# Luite o(ten the prison authorities do
not take this responsibility as seriously as they should# "edical checks are routine and
complaints o( ill2health are not attended to urgently#
4nce again the systemic problems come to sur(ace# >or e1ample$ the sanctioned strength o(
doctors and para2medical sta(( in many prisons is much less than what is reuired# )s "r#
3#9# )garwal$ )dditional Inspector 3eneral Prisons!$ "adhya Pradesh$ in(ormed$ the
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7abalpur 7ail in "#P# was sanctioned a strength o( three doctors way back in *+&' when the
number o( inmates in that prison was only &&< to '
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:rug addiction is on the increase in prisons and in many cases leads to other diseases$ such as
)I:/ and Tuberculosis# The ne1us between drugs and crime is getting stronger day by day#
"r# /ankar /en$ :irector 3eneral Investigations!$ .ational Human Rights Commission$ said
that there was evidence that large drug gangs recruited inmates (rom prisons to increase the
use o( drugs# There e1ist$ according to :r# Hira /ingh$ =
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getting the bene(it o( proviso to /ection E=D Cr#P#C$ according to which they can be released
on bail even in non2bailable cases# The Commission has now insisted on the prison
authorities to take up the cases o( women undertrials with courts so that they can be released
on bail#
-ittle has been done to attend to the special needs o( women inside the prisons# To give one
e1ample$ the "ulla Committee report o( *+,= had recommended that ?at every prison where
there is a su((iciently large number o( women prisoners$ say$ %& or above!$ a (ull time lady
o((icer should be appointed# )t other prisons arrangement should be made (or part time lady
medical o((icers#@*%There are *%< prisons in "adhya Pradesh and none o( them has provided
(or a lady doctor (or women prisoners$ leave alone providing e1tra medical (acilities to
pregnant women#*=7ustice /eth suggested that women should be allowed to return to their
(amilies (or delivery$ as that time they need special support and care which they cannot get in
prisons#
Then there is the problem o( rehabilitation# 0omen su((er (rom a low social and economic
status within their own (amilies and (ind it harder to get back into society upon release than
men# It was suggested that such destitute women should be euipped with vocational skills
and protective homes to be established to provide shelter to them a(ter release#
"r# 7#"# Bhagat mentioned in his paper*Ethat a ma5ority o( women detained in sa(e custody
are not the standard criminal o((enders but those who have escaped (rom a repressive
environment o( their homes$ brothels or criminal gangs# He suggested that (emale prisoners
should be imparted prison education and training programmes$ irrespective o( their status as
convicts or undertrials$ to enable them to (ace the world a(ter release#
Classi!ication o! Prisoners
The rationale behind the e1isting system o( classi(ication o( prisoners came up (or discussion
in the workshop# It was considered essential to prevent undertrials$ (irst timers and casual
prisoners (rom being in(luenced$ bullied and abused by the (ew but dominant hard core
criminals in prison# It was observed that 5uveniles or young o((enders$ who are housed with
*%Report o! the All India "ail Committee# )*+2-+4*=/ource; The Prison :epartment$ "adhya Pradesh*EPrisoners Rights# inclding .omens Rights ) paper presented in the workshop
*=
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other hardened criminals$ o(ten come out o( prison only to commit (ar more serious crimes
than they had done earlier#
)t present$ prisoners in Indian 5ails are classi(ied into di((erent classes not on the basis to
their criminal record but according to their social$ economic and educational background#
This$ in (act$ is a legacy o( our colonial past which we have not shed# It is in this connection
that a re(erence was made in the workshop to the report o( 7ustice /antosh :uggal Committee
appointed by the -t# 3overnor o( :elhi# This Committee was appointed on the orders o( the
/upreme Court in a civil writ petition in which the e1isting system o( classi(ication was
challenged#
The Committee$ in its report$ mentioned that the e1isting system o( classi(ication$ based on
criteria$ like social status$ education$ habit$ mode o( living etc# was repugnant to the concept
o( euality propounded by )rticle *E o( the Constitution o( India and should be abolished#
The broad criteria (or segregation o( prisoners$ according to the Committee$ should include
Convicts$ Gndertrials$ )ge$ .ature o( Crime$ Previous History whether habitual or casual!$
Prison Term$ 9ind o( /entences$ .ationality$ Civil Prisoners$ :etenues$ /ecurity
Reuirements$ :isciplinary or )dministrative reuirements$ Correctional Fducational or
"edical .eeds# The recommendations made by the Committee about classi(ication o(
prisoners have been accepted by the :elhi )dministration# The workshop (elt that these
recommendations merited implementation by prison administrators across the country# The
/tate 3overnments should be persuaded to implement the recommendations# The
Commonwealth Human Rights Initiative has already circulated the recommendation to all
/tates and Gnion Territories#
Prison Administration
The workshop acknowledged that protection and promotion o( human rights in prisons was
linked to the service and working conditions o( the prison sta(($ though it was also stressed
that the poor working conditions could not be regarded as an e1cuse (or violation o(
prisoners rights#
Prison Sta!!-.or5ing and Service Conditions
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Central to the prison administration is the problem o( demoralisation and lack o( motivation
o( the prison sta(( that was reiterated by most participants in the workshop$ particularly those
belonging to the prison department# It was pointed out that the conditions in which the lower
echelons o( the prison sta(( lived were in some cases worse than those o( the prisoners# This
was seen as an important (actor contributing to the poor (unctioning o( the prisons$ apathy o(
the prison sta(( towards the plight o( the prisoners$ corruption and the over all deprivation o(
the prisoners o( their basic amenities# /uch substandard conditions o( service produce a
culture o( (rustration and dehumanisation in the service which o(ten spills over and gets
translated into aggression on prisoners# )s e1pressed by members o( the prison sta(( and
acknowledged by other delegates$ the conditions o( work create an environment that
discourages initiative$ leadership ualities and enlightened rights based approach#
"r# )ivalli$ )dditional :3 Prisons o( 7ammu and 9ashmir pointed out *& that the prison
administration has basically three levels the management level :3MI3M:I3 etc#!6 the
supervisory level the /uperintendentsM:eputy or )sst /uperintendentM 7ailers etc#!6 and the
grassroots level Head 0ardenM0ardens etc#!# The o((icers at management level$ ma5ority o(
whom are on deputation (rom the police service$ consider this as a punishment posting and
are generally too demoralised to contribute signi(icantly to the building up o( the department#
"ost o( them are merely time servers# The supervisory level$ consisting o( sta(( belonging to
the prison service$ too is demoralised because o( poor service conditions$ lack o( career
opportunities and low public esteem# )t the grassroots level$ the department has people who
remain inside the prison walls$ interacting with prisoners most o( the time# This (actor$
combined with their pathetic service conditions$ has the e((ect o( dehumanising them# /ome
o( them develop vested interests and 5oin hands with criminals# "r# )ivalli suggested drastic
changes in the organisational structure$ control and service conditions o( the prison
department# The package suggested by him would reuire a! having a common cadre (or
prison and (ire services at grassroots level$ with rotational cycle o( postings to be e((ected
a(ter putting them through re(resher courses6 b! providing a pro(essional and better
supervisory level by prescribing higher uali(ications with better emoluments and status6 and
c! having a 5udicious and humane management level by having 5udicial o((icers at the helm
o( a((airs and placing the administrative control o( the prison department with the /tate High
Courts# It was (elt that the suggestions at a! and c! would not be acceptable#
*&Prison Administration ) paper presented by "r# 8eeranna )ivalli$ )dditional :3P$ Prisons and >ire/ervices$ 3overnment o( 7N9 in the workshop
*&
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"r# )garwal was o( the opinion that the prison administration was not able to recruit and
retain competent people due to its unattractive service conditions and lack o( recognition by
the government and the public o( the needs o( the department# It was suggested by him that
the recommendation to set up an )ll India Prisons /ervice made earlier by :r# 0#C#
Reckless$ an G. e1pert$ who was invited by the 3overnment o( India to study prison
problems in the country *+&*2&%! and other recommendations contained in the reports o( the
)ll India 7ail "anual Committee *+&D2&,!$ the 0orking 3roup on Prisons *+D*2D%!$ the
"ulla Committee *+,
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Issues o( remuneration and promotion opportunities o( the prison sta(( were discussed# The
prison services$ especially in the lower ranks$ are mostly poorly paid and least glamorous o(
all state public services# 8ery (ew come into the prison services voluntarily and (ewer still
would recommend it to others# The (eeling in the ranks was that the government as well as
the public at large was totally apathetic towards them# Prison o((icers complained that the
only attention they received (rom the public was negative and their per(ormance was hardly
ever appreciated or encouraged#
The deplorable service conditions are made worse by the near complete absence o( vertical
mobility in the department$ especially (or the lower or middle order ranks# 7ail o((icials are
known to occupy the same post (or twenty (ive to thirty years which is o(ten the cause (or
lack o( motivation# In a paper*Dcirculated in the workshop$ 7ustice )wasthy$ "ember$ "#P#
Human Rights Commission made a strong plea (or improvement in the remuneration and
promotion prospects (or di((erent ranks in the prison department# It was suggested that the
pay2scales o( 5ail2employees should be similar to those sanctioned (or euivalent ranks in the
police department# This recommendation had been made earlier by the 9apoor Committee
too#
The posts o( .aib2Tahsildars$ /ub2Inspectors o( Co2operative /ocietiesMF1cise :epartment
and )ssistant 7ailers are kept at par (or selection by the "#P# Public /ervice Commission#
Though the academic uali(ications prescribed (or the e1amination are the same and selection
is done through a common e1amination$ yet the 3overnment in the very beginning
downgrades the posts o( the prison department by prescribing lower scales o( pay (or the
posts o( )ssistant 7ailer# 0hile the pay2scale (or other posts is Rs# *E
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time$ his basic remuneration increases to Rs# %
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which is such an important (unction$ is placed in charge o( those who have neither the
reuired aptitude nor the competence (or the 5ob thrust on them# )ll this needs to be changed
and training o( prison sta(( needs to be assigned to those who have the reuired vision and
understanding o( the prison problems#
The workshop suggested that the /tate 3overnments should be persuaded to establish training
institutions e1clusively (or the basic as well as in2service training o( the prison sta((# It was
(elt that human rights needed to be central to all training programmes# The .HRC and the
/tate Human Rights Commission should ensure that the human rights component is made
central to all prison training modules adopted and implemented by the prison training
institutions#
Acconta%ility
)s we have seen in the earlier sections$ the deplorable service conditions o( the prison sta((
and their lack o( motivation and sel( esteem seem to logically e1tend into a culture that
encourages corruption and malpractices# It was recognised in the workshop that the problem
o( corruption in the prison administration was ine1tricably linked to the violations o( human
rights o( prisoners#
Besides improving the service and working conditions o( the prison sta(($ what is needed is
the introduction o( mechanisms that would ensure an element o( transparency and
accountability in the prison administration# The need (or accountability was e1pressed by
several delegates at the workshop# "r# 9apoor suggested that giving access to media and
civil society via the involvement o( non2governmental organisations would be one way o(
ensuring higher level o( accountability and transparency ion the prison system# "r# )ivalli
(elt that the international and national attention (ocused on human rights conditions in 7ammu
and 9ashmir worked as a catalyst to introduce re(orms in the state prison conditions#
The paper presented by CHRI places stress on the need to educate prisoners about their
rights#*,8iolations in many cases occur because o( lack o( awareness on the part o( prisoners
about what they are entitled to# Fducating them about their rights would have the e((ect o(
*,Prisoners Rights: Need !or Transparency and Acconta%ility ) Paper presented in the workshop by "s#"arion "acgregor o( the CHRI
*+
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empowering them# It was suggested that a "anual$ e1plaining to the prisoners their rights and
obligations$ procedure (or lodging complaints$ the conduct that is e1pected o( 5ail
administration etc# should be prepared in simple language (or prisoners bene(it# In (act$ such
a "anual would bene(it the 5ail administration also by providing them clear guidelines in
important areas o( their work# The "anual should be supplemented by the e((orts o( the
.34s to do legal literacy work amongst prisoners#
The system o( prison visitors could provide an e((ective mechanism to monitor prison
conditions provided it worked viably# There was a general consensus in the workshop that the
system was not (unctioning e((ectively in most places# Fither the Boards o( 8isitors have not
been constituted and at places where they e1ist$ they seldom visit prisoners# The e12o((icio
visitors also do not take their responsibility o( visiting prisons$ ascertaining prisoners
grievances and providing redress seriously# It was suggested that the visitors should be
chosen (rom amongst those who have an interest in prisons and knowledge o( how they
should be chosen (rom amongst those who have an interest in prisons and knowledge o( how
they should be run# These could be members o( the media$ social workers$ 5urists$ retired
public servants etc#
)nother pre2reuisite to ensuring accountability is to establish an e((ective complaint system
that would encourage prisoners to complain against systemic and other (ailures within the
prison system without (ear o( retribution# 4nce a complaint is made$ there should be a uick
and impartial enuiry (ollowed by providing redress i( the complaint is (ound to be true# .o
attempt should be made to suppress wrongdoing and anyone (ound guilty o( abusing his
authority must be suitably dealt with# I( appropriate disciplinary action is taken$ not only does
the prisoner (eel that his or her rights have been upheld but it also sends a warning to other
sta(( that poor conduct will not be tolerated#
The workshop (elt that an e((ective accountability mechanism would bene(it not only the
prisoners but also the prison administration# )n open system would help the public target
their anger or disappointment at the root o( the problem# It would bring the problems out in
the open and the public may realise that in many cases the prison sta(( may not be responsible
(or what ails the prison department# 7ustice 8enkatachaliah e1pressed the view that opening
the prisons to civil society would be o( great help in ensuring transparency and accountability
in the prison administration#
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Implementation
It was (elt in the workshop that though prison problems had been e1amined by many e1pert
Committees and that the /upreme Court and High Courts had on many occasions passed
5udgements$ indicating inadeuacies and de(iciencies in di((erent areas o( prison work and
administration$ a comprehensive programme o( re(orms was yet to start# The
recommendations contained in the reports and 5udgements had remained mostly
unimplemented#
)n important (actor responsible (or lack o( (ollow2up action has been the absence o( political
will$ leading (inally to bureaucratic apathy towards the reuirements o( prison administration#
This apathy is re(lected in the scarcity o( (unds spared by the 3overnments out o( their annual
budgets (or prison administration# )s was shown in CHRIs paper presented by "s# "arian$
the percentage o( (unds allocated (or prison administration out o( the budgets o( the Gnion
and /tate 3overnments has shown a consistently declining trend$ even though there has been
some increase in absolute e1penditure on prisons# )n opinion was e1pressed in the workshop
that this lack o( political will was due to the (act that the prisoners did not constitute an
important constituency (or the politicians$ as they have no right to vote# The workshop$
there(ore$ recommended that the e1isting laws and arrangements should be reviewed so that
the prisoners could e1ercise the right to vote$ like any other citiAen#
The need to evolve a mechanism to ensure (ollow2up action on the recommendations o( the
committees$ con(erences and workshops and on 5udgements o( courts was also discussed in
the workshop# This would reuire monitoring and it was (elt that the .ational and /tate
Human Rights Commissions could play an active and prominent role in monitoring prison
conditions and ensuring action by the concerned authorities to introduce re(orms#
The New Prisons Bill
The new Prisons Bill dra(ted by the .HRC called the Prisons )dministration and Treatment
o( Prisoners! Bill$ *++, was brought up (or discussion in a paper presented by "s# Catherine
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Pierce o( CHRI#*+The Bill was prepared by the .HRC earlier this year in response to calls
(or penal re(orm (rom various committees and more recently (rom the /upreme Court#
The e1isting legislation$ the Prison )ct o( *,+E$ was (ormulated when the country was under
the colonial rule# It has been criticised as being an outdated piece o( legislation$ which was
not in keeping with the modern view o( prisons as places o( rehabilitation rather than
retribution# In the recent caseRamamrthy v( State o! 6arnata5a *++D! % /CC 'E%$ the
/upreme Court stated that ?Othe century old Indian Prison )ct$ *,+E needs a thorough look
and is reuired to be replaced by a new enactment which would take care o( the thinking o(
Independent India and our constitutional mores and mandate#@
The paper (ocused on certain key issues$ like the e((icacy o( the supervisory mechanisms$
which the Bill proposes to establish as a means o( sa(eguarding prisoners rights# )n
important monitoring mechanism is the system o( prison visitors# 8arious courts as well as
the .HRC have severely criticised the working o( this system# The new Bill lacks provisions
which would strengthen the system o( visitors# Gnlike the *,+E )ct$ the new Bill does not set
out the duties and mandate o( prison visitors# I( the system is to be e((ective$ the visitors
should be mandated to e1amine all aspects o( prison li(e and not be restricted to a number o(
de(ined issues$ as the new Bill does#
The non2o((icial visitors$ according to the Bill$ are to be appointed by the Inspector 3eneral
o( Prisons# )(ter visiting the prisons$ they are then reuired to report back to the Inspector
3eneral# This provision thus marks a retrograde step in terms o( ensuring the impartiality and
independence o( visitors# There is no scope (or e1ternal oversight o( the prison
administration# It was (elt that the .ational and /tate Human Rights Commissions should be
given the mandate to appoint visitors who should then report back to the commissions and
also make their report public through the active and e((ective use o( the media#
:elegates at the workshop$ including "r# /ankar /en and "r# )ivalli$ (elt that opening the
prisons to civil society organisations would lead to greater transparency and accountability in
the prison administration# The new Bill must incorporate some provisions to institutionalise
such arrangements#
*+:iscussion Paper on the Prisons )dministration and Treatment o( Prisoners! Bill$ *++, by "s# CatherinePierce$ Researcher$ CHRI
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The new Bill establishes in Chapter I8 the right o( the prisoner to appeal to the prison
authorities (or any lapse in the provision o( basic amenities and (acilities$ arbitrary
punishment or any other matter considered legitimate# The Bill (ails to provide (or an
impartial body independent o( the prison administration to hear prisoners complaints#
/ome delegates$ particularly those (rom the prison department$ (elt that the .HRC should
invite representatives o( prison departments (rom the states to discuss their needs and
concerns# This would help in widening the debate on prison re(orms$ besides making the new
law re(lect the accumulated practical wisdom o( persons working in the (ield#
Reommendations
The workshop made several recommendations which have been stated at di((erent places in
the report# To avoid repetition$ we have not reproduced the recommendations (rom the above
te1t# However$ to provide a birds eye view o( the ground covered by the workshop$ a
summary o( the recommendations in a capsule (orm is provided under di((erent heads;
0vercrowding
4ptimum capacity o( prisons needs to be assessed# Central 7ails should not house
more than D&< inmates and district 5ails not mare than E
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)n )mendment should be made in the Cr#P#C# to enable an undertrial prisoner to
plead guilty at any stage o( the trial#
-ok )dalats should deal not only with compoundable cases but also with cases where
the accused pleads guilty# The scope o( work o( -ok )dalats in criminal cases shouldbe increased#
The plea bargaining system may be considered (or introduction a(ter adopting
necessary sa(eguards#
-egal aid workers should make greater use o( the 5udgement o( the /upreme Court in
Common Case v( Union o! India*++'! E /CC == and approach the courts to get
more persons released (rom 5ails#
-egal literacy drives should be launched with the aim not only o( sensitising the
prison administration but also o( spreading awareness amongst prisoners about their
rights and obligations#
It is necessary to keep identi(ying those who need and deserve legal aid# -egal aid
workers must identi(y such prisoners and educate them about their right to legal aid#
-egal aid workers must help in getting the undertrials released on bail and on personal
recognisance#
Para legal sta(( should be utilised to work in prisons and provide the reuired legal aid
to prisoners#
-egal aid workers must constantly monitor prison conditions and suggest changes in
law to bring about the desired re(orms#
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&ealth Care and 3edical acilities
It is necessary to review the strength o( doctors sanctioned (or prisons and ensure the
availability o( adeuate medical (acilities (or prisoners and prison sta((# )rrangements must be made to look a(ter the special reuirements o( women
prisoners# )t least one woman medical o((icer must be available at times to attend to
women prisoners#
The (irst medical e1amination o( the prisoner$ done at the time o( his entry into the
prison$ must be thorough# :etailed in(ormation about various aliments$ including past
medical history$ must be collected and (aith(ully recorded#
)deuate in(rastructural health care (acilities$ like well euipped ambulances$
stretchers$ dispensaries$ hospital beds etc# should be made available to the prison
administration#
/uitable arrangements should be made to provide psychiatric counselling to those
su((ering (rom chronic depression$ particularly to women prisoners#
There should be a clearly de(ined system o( responsibilities o( the prison sta(( in case
o( a medical emergency$ which should be made known to prisoners through a chart or
pamphlet#
.34s help should be enlisted in dealing with drug addicts and in establishing drug
de2addiction centres#
.omen Prisoners
Programmes should be implemented to sensitise the prison administration on gender
issues and the special needs o( women prisoners#
Besides special (acilities (or pregnant women$ arrangements should be made to allow
women to go back to their (amilies (or post natal care#
It is necessary to take special care to rehabilitate women prisoners$ as it is harder (or
them to (ind acceptance in civil society upon release than men# Thus women should
be specially euipped with vocational skills to empower them on their return to
society#
)rrangements should be made (or women to reside in special homes i( they (ind it
di((icult to get accepted in society a(ter release#
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Classi!ication o! Prisoners
Classi(ication o( prisoners on the lines o( education$ income ta1 status or socio2
economic background should be abolished and it should be done on the lines
suggested in the 7ustice /antosh :uggal Committee Report#
Implementation
) mechanism should be evolved to monitor and ensure the implementation o( various
recommendations made by di((erent e1pert committees$ courts and workshops (rom
time to time# The .HRC and the /tate Human Rights Commissions could take up this
work and ensure that (ollow2up action is taken to implement the recommendations#
F1isting laws and arrangements should be reviewed so that prisoners could e1ercise
their right to vote#
Prison Sta!!
The recommendations made earlier by many e1pert groups that there should be an )ll
India Prison and Correctional /ervice should be considered by the Central
3overnment#
"ost prisons su((er (rom shortage o( manpower# The /tate 3overnments should
periodically review the reuirements o( di((erent types o( sta(( reuired$ including
medical$ and take steps to remove the shortage#
There is considerable stagnation amongst di((erent ranks in the prison department due
to lack o( promotion opportunities# The governments should carry out a cadre review
and create additional opportunities (or promotion (or di((erent ranks based on a work
study#
The posts o( convict warders should be abolished and an euivalent number o( regular
number o( regular posts should be created to meet the reuirements o( manpower#
) conscious policy towards the induction o( more women in the prison administration
is necessary to bring about gender balance and sensitivity within the system#
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The pay2scales o( lower ranks in the prison department need to be reviewed# The /tate
3overnments should not downgrade the posts o( the prison department by prescribing
lower pay scales (or them as compared to the posts o( the other departments$
particularly when the recruitment to these posts is done by the /tate Public /erviceCommission on the basis o( a combined recruitment test#
The /tate 3overnment may consider establishing parity in the pay scales o( lower
ranks in the prison department with those in the police department a(ter doing an
analysis o( 5ob responsibilities o( the selected ranks in the two departments#
Training
It is necessary to organise periodic training programmes and re(resher courses (or all
levels in the prison administration#
)ll /tate 3overnments should establish training institutions e1clusively (or the basic
as well as in2service training o( the prison sta((#
The .HRC and the /tate Human Rights Commissions should ensure that the human
rights component is made central to all training modules adopted and implemented by
the prison training institutions#
The training o( prison sta(( must be made the responsibility o( those who are
pro(essionally competent and who have the reuired aptitude to bring about re(orms#
Acconta%ility
) "anual$ e1plaining to the prisoners their rights and obligations$ procedure (or
lodging complaints$ the conduct that is e1pected o( 5ail administration etc#$ should be
prepared in simple language (or prisoners bene(it# The "anual should be
supplemented by the e((orts o( the .34s to do legal literacy work amongst prisoners#
The system o( visitors should be made viable to (unction as an e((ective monitoring
mechanism# The visitors should be chosen (rom amongst those who have an interest
in prisons and knowledge o( how they should be run#
)ppointment o( visitors should be done on the advice o( the /tate Human Rights
Commission# The criteria (or selection should be made known to the public#
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)n e((ective complaint system should be established which would encourage the
prisoners to lodge complaints without (ear o( retribution# The complaints should be
enuired into (ully and impartially and strict action should be taken against the
persons (ound guilty# .o attempt should be made to suppress wrong doing by anymember o( the prison sta((#
Prisons should be opened to civil society organisations as this would help in ensuring
transparency and accountability in the prison administration#
New Prisons 7ill
The new Prisons Bill dra(ted by the .HRC must incorporate e((ective sa(eguardsagainst violations o( prisoners rights and establish mechanisms to ensure
accountability o( the prison sta(( (or violations#
The new Bill does not set out the duties and mandate o( the prison visitors# The visitors
should be mandated to e1amine all aspects o( prison li(e and not restricted to some
de(ined issues$ as the new Bill does#
The .ational and /tate Human Rights Commissions should be given the mandate to
appoint prison visitors who should then report back to the Commissions$ heads o( theprison department and make their report public through e((ective use o( mass media#
The Bills (ails to provide (or an impartial body independent o( the prison
administration to hear prisoners complaints# This lacuna should be removed and the
new law must institutionalise arrangements (or outside oversight o( investigations into
prisoners complaints#
The .HRC should invite a wider public debate on the Bill and also call representatives
(rom the /tate Prison :epartments to give their views so that the new law re(lects thepractical wisdom o( persons working in the (ield#
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