PROTECTION OF HUMAN RIGHTS OF WOMEN PRISONERS

N. Brajakanta Singh
Lecturer, L.M.S. Law College ,Imphal.

INTRODUCTION
Prisons serve the same purpose for women as they do for men. The main
purpose of prison is to protect society from criminals who intends to harm innocent
people. The Constitution of India guarantees equality to women and various laws
have been enacted to protect and empower women. While some women have
definitely benefited from these provisions, for the majority of poor and illiterate
women life still remains a struggle in a very traditional, patriarchal and feudal society.
The total number of women prisoners was 16951 and women constituted 4.4% of the
total prison population of the country at the end of 2012. Although women still
constitute a small minority in the prison population, prison environment do not cater
to the special needs of women prisoners. Most of the women inmates had
experienced economic hardship and other adversity in their live; and they were
physically or sexually abused before their admission to prison. Women prisoners are
more vulnerable for gender discrimination, neglect, violence, physical and sexual
abuse. Mental health care and attention to the psychological distress that results
because of imprisonment is almost non-existent. Imprisonment impacted their health
negatively. Women are denied essential medical facilities and treatments, especially
during pregnancy. Women prisoners suffer menstrual disorder, stress and
depression. While some women reel under the pain caused by separation from their
children, others live with deep sense of loss and guilt of keeping them inside prison.
CONSITUTIONAL PROTECTION OF WOMEN PRISONERS
Constitution of India does not provide specific guarantee to the women
prisoners. However, the Constitution gives equal status to the women at par with
men. Constitution of India under Article 14 guarantees equal protection of laws to
women and Article 15 prohibits the discrimination on grounds of sex. It also imposes
obligation on the stare to protect rights and to fulfil the requirements of international
conventions regarding the rights of women. Article 21 of the Constitution guarantees
the fundamental right to live a dignified secured life to all which includes the women
prisoners. In an attempt to promote and protect human rights, Parliament passed the
Protection of Human Rights Act, 1993 and to effectuate this cherished goal, the
National Human Rights Commission was also constituted. The country has also
ratified various International Conventions and Human Rights Instruments relating to

secure equal rights of women. An important convention ratified by India is the

Convention on Elimination of All Forms of Discrimination against Women (CEDAW)
in 1993. Article 12 (2) of the Convention provides that State parties shall ensure to
women appropriate services in connection with pregnancy, confinement and postnatal period, granting free services where necessary, as well as adequate nutrition
during pregnancy and lactation. Article 3 of the Universal Declaration of Human
Rights provides that everyone has the right to life, liberty and security of person and
Article 5 states that no one shall be subjected to torture, inhuman or degrading
treatment or punishment. Article 6(1) of the United Nations Covenant on Civil and
Political Rights provides that every human being has the inherent right to life and
Article 10(1) clearly provides that all persons deprived of their liberty shall be treated
with humanity and with respect for the inherent dignity of the human person.
Standard Minimum Rules for the Treatment of Prisoners adopted by the United
Nations Congress on the Prevention of Crimes and the Treatment of Offenders,
Geneva (1955) provides for separate institution for the female inmates.
Various other laws have been enacted to protect and empower women. While
some women have definitely benefited from these legislations and have occupied
highest official positions but for majority of poor women life still remains a continuous
struggle in a very traditional, patriarchal and feudal society.
HUMAN RIGHTS OF WOMEN PRISONERS
The Supreme Court of India and High Courts have made very clear in many
judgments that prisoners do not lose all human rights. Imprisonment does not reduce
a person into animals and prisoners are entitled to all basic freedoms except those
which are curtailed by reason of imprisonment. The Supreme Court in the case of
Sunil Batra v. Delhi Administration (1980) held that whether inside prison or outside,
a person shall not be deprived of his guaranteed freedom save by methods right,
just and fair. The rights guaranteed to a male prisoner are available to female
prisoner also.
The various types of human rights of women prisoners guaranteed under the
national and international laws are discussed as under:
1. The women prisoners have the right to live separate from male prisoners. In a
prison for both men and women, women prisoners shall be kept in separate
buildings or separate parts of the same building under the authority of a
responsible woman officer who shall have the keys of that part of prison. No
male member of the staff shall be allowed to enter the women cell unless
accompanied by a woman officer. Women prisoners shall be attended and
supervised by women officers only.
2. The prison shall have the basic minimum facilities for child delivery as well as
for all necessary pre-natal and post natal care and treatment for both the
mother and the child. Arrangements shall be made wherever practicable for
children to be born in a hospital outside the prison.

3. When a woman prisoner is found or suspected to be pregnant at the time of

her admission or at any time thereafter, the lady Medical officer shall report
the fact to the superintendent. As soon as possible, arrangement shall be
made to get such prisoner medically examined at the female wing of the
District Government hospital for ascertaining the state of her health,
pregnancy, duration of pregnancy, probable date of delivery and so on. Such
women prisoner may be released on bail for the delivery of the child.
4. Women prisoners shall be allowed to keep their children with them in prison
till they attain the age of six years. There shall be a crche and a nursery
attached to the prison where children of women prisoners will be looked after.
Such a child is entitled to food, shelter, medical care, clothing, education and
recreational facilities as a matter of right.
5. Poor or indigent women prisoners have right to seek free legal aid at the cost
of the state government.
6. Women prisoners have the right to speedy trial.
7. Women prisoners have the right to have interview with their legal counsel,
relatives and friends.
8. Vocational training in useful trades shall be provided to women prisoners.
PROBLEMS OF WOMEN PRISONERS
Traditionally, most of prison inmates are males, and the prison
environment is therefore shaped by the needs of males and do not cater to
the special needs of women prisoners. Although the Constitution of India,
International Instruments as well as other national legislations have
guaranteed a number of rights to women prisoners, the pathetic situations of
women prisoners who are branded as bad women, is not surprising. Women
commit crime as a result of family disturbances, domestic violence, economic
hardships, and other socio-cultural disadvantages. The human rights and
basic needs of women prisoners have not been given due importance.
Women in prisons are very much vulnerable in male-centric model of prison
system especially in common jails when men and women both are lodged.
Women prisoners are facing a number of problems in the prisons.
Most of the women inmates had experienced economic hardship and
family problems in their live; and they were physically or sexually abused
before their admission to prison. Women prisoners are doubly discriminated
when they entered prison. The concept of human rights is totally alien to such
women. Imprisonment impacted their health negatively. Women prisoners
suffer menstrual disorder, stress and depression. While some women reel
under the pain caused by separation from their children, others live with deep
sense of loss and guilt of keeping them inside prison. Women prisoners are
facing the problem of overcrowding in prisons. Overcrowding itself is a root
cause of many problems, such as poor hygienic condition, lack of proper
accommodation and recreation, inadequate medical facilities and exploitation.

Most of the women prisoners are also mothers and their children are staying
with them in the prison which is not a right place for healthy growth of the
children. Prison environment affects the growth, survival and development of
the children of prisoners. Another major problem faced by the women
prisoners is physical or sexual assault. Custodial rape remains one of the
worst forms of torture perpetrated on women by law enforcement agencies
and a number of custodial rapes take place at regular intervals. Another
problem faced by women prisoners is lack of legal services. Poor and illiterate
women prisoners were unable to defend themselves and ignorant of the ways
and means of securing the benefits of free legal aid which is a Constitutional
mandate. Women prisoners are found to suffer from a variety of health
problems and the health facilities available to women in prisons are illequipped and lack sufficient resources to adequately test, diagnose and treat
inmates. Most of the prison do not have permanent gynaecologist. The
treatment facility for psychological distress that occurs because of
imprisonment of women is almost non-existent. Women prisoners, thus, were
subjected to the most humiliating experiences which robbed them of what little
dignity and self respect they reached the prison with.
CONCLUSION
The needs of women prisoners often differ from their male counterparts.
Women need gender-specific facilities for healthcare, to help them in
childbirth, to care for their children in prison, to provide for legal aid, to
maintain contact with their dependents outside the prison and to protect them
from possibility of rape and sexual assault. Medical services provided for
women prisoners should be of the same quality and standard as those
available to the outside community. Women prisoners suffering from mental
disorder, anxiety, drug addiction, HIV/AIDS and sex perversion should get
proper medical treatment and psychotherapy. Prison authorities should initiate
programmes with a view to educate the prisoners about ill-effects of drugs
and HIV and to bring awareness about effective preventive measures. The
children of women prisoners living in prisons shall be given proper education
and recreational facilities. Socio-legal counselling cell or clinic should be set
up in each prison. Vocational training in useful trades and occupation shall be
provided to women prisoners to enhance their ability to earn livelihood after
release. There should be separate prisons for the women prisoners. It is high
time that the state should provide suitable arrangements and action oriented
plans for protection, prevention and promotion of human rights and health
care for marginalised imprisoned women. Adequate planning before release,
safeguard against prison re-entry and treatment continuation after release
should be adopted. Release of women prisoners on probation is also an
important justice delivery mechanism and courts should prefer it than sending

them to prisons. The main goal of imprisonment must be rehabilitation and

reformation instead of punishment.