Prison Management: Exploring the brighter avenues of reformation

Introduction:
There are numerous questions which come to my mind when this word prisoner strik
es my head. The questions are, whether the role of law is restricted till the pu
nishment? Does state owe any kind of duty toward prisoner? Does prisoner have a
right to live in the main stream of society after their imprisonment is over? Ca
n state or law guarantee that after the tenure of imprisonment, the criminal inc
lination in prisoner would not develop again?
The only method which is thought to be appropriate and best is imparting educati
on to the prisoner. Education brings about “sublimation of the ant-social instin
ct in a criminal by slowly moulding his knowledge, character and behaviour” . It
helps the offender in his ultimate resettlement in society. This would also res
trict the prisoner from recidivating, secondly education will make them sufficie
nt to earn two squares a meal and would make them strong enough to support their
family and live a dignified life. Commenting on the necessity of education and
training of offender, the report of the West Bengal Jail Code Revision Committee
(1972-73) very pertinently observe: “As reformatory treatment of criminal has b
een accepted as the best means of protecting society we have to bring about this
reformation through a consistently humane process. And what the dark recesses o
f a criminal’s soul and admits into it, perhaps for the first time, the light of
knowledge and reason? Centuries of bitter experience tells the civilised man of
today that society cannot be adequately protected only by inflicting retributor
y and deterrent punishment on an offender against it. It is essential, therefore
, that we should seriously provide the training and education of every criminal
and endeavour seriously to develop in him sense of self-confidence and personal
responsibility.”
Comparing United States, one of the most literate country in the world, “accordi
ng to national adult literacy survey (NALS) approximately one in the three inmat
es perform at the lowest level of literacy and would have difficulty in reading
a short news paper article, completing an employment application, or locating a
piece of information in a document” . “Basic Principles for the Treatment of Pri
soners, a resolution adopted by the United Nations in 1990, which states that pe
ople in prisons retain the human rights and fundamental freedoms set out in the
Universal Declaration of Human Rights, including the “right to take part in cult
ural activities and education aimed at the full development of the human persona
lity .”
Education as an instrument of reformation:
“Education is not to be regarded as an optional extra to the list of activities
for prisoners. Instead it is central to the whole concept of using the period in
prison as an opportunity to help prisoners to re-order their lives in a positiv
e manner” . Primarily it should be focussed on basic needs so that everyone who
is in prison for any certain period of time can be taught to read, write and mak
e basic arithmetical calculations which will help them to survive in the modern
world. Secondly education should reach further than teaching these basic skills.
Education as a whole should be aimed at developing the whole personality of a p
erson, by not excluding account of prisoners’ social, economic and cultural back
ground. It should, therefore, include access to books, classes and cultural acti
vities, such as music, drama and art. This form of activity should not be regard
ed as merely recreational but should be focussed on encouraging the prisoner to
develop as a person. “What is needed is a balanced programme of activities which
include the industrial work and skills training, education and cultural activit
ies and physical education. All elements of this programme should be provided at
some level in all prisons, although the exact balance may vary from one to anot
her depending upon the age, abilities and needs of prisoners” . Some prisoners,
especially the younger ones, may need to have education during the day as if the
y were at school. For others it may be provided in the evening after a normal wo
rking day. In other situations prisoners may spend half of the day working and h
alf on educational activities. This is not unusual when there is not enough work
to keep all prisoners busy for a full day.
The process of education and its implementation must depend on the age of the pr
isoner; there should be a separate department for juvenile. There is a great div
ersity in the intelligence and interest of the criminals, it is necessary, as th
e “All India Jail Manual Committee (1957-50) very rightly felt, to organize diff
erent educational programmes to suit the needs of different inmates groups”. Wh
ile formulating such programmes, however, the prison administrators are required
to pay the due attention to financial constraints.
This concept of prison education has been vividly expressed in the New York Stat
e Correctional law:
“The objective of prison management in broadest sense should be the soci
alization of the inmates through varied impressional and expressional activities
, with emphasis on individual inmate needs. The objective of this program shall
be the return of these inmates to society with more wholesome attitude toward li
ving, with a desire to conduct themselves as good citizen and with the skill and
knowledge which will give them a reasonable chance to maintain themselves and t
heir dependent through honest labour. To this end, each prisoner shall be given
a programme of education which ....seems most likely to further the process of s
ocialization and rehabilitation....”
The soul motive of education should be:
a) Removal of illiteracy
b) Developing the sense of social responsibility.
Quoting Dr. Bhattacharya on prison that “literacy, even elementary education, c
an make a world of difference especially in the lives of long term prisoner. It
is difficult for us to know what life would be like if we were illiterate and im
mured in prison. Even old prisoner show eagerness to be able to read and write a
nd to get information, though some of them may feel that they are too old to lea
rn and many are too shy to admit their ignorance. Books offer best escape outlet
and the prison school is great stabilising factor and its therapeutic value is
considerable”.
Removal of illiteracy is not a very easy task. Official statistics reveals that
while literacy in India increased from 16.6% to 36.2% during 1951-81 the actual
number of illiterate during the corresponding period went up from 30 crores to 4
2.4 crores . In 1971, out of the total number of 3,19,862 male and 11,493 female
prisoners in the jails of 14 State and one union Territory in India, 1,85,158 m
ale and 8,721 female prisoner prisoners were illiterate . In percentage terms, i
t means that 57.89% of male prisoners and 75.88% of female prisoners were illite
rate. The bulk of both men and women prisoners in major state like West Bengal,
for instance, were illiterate even during period 1980-85.
“It is unfortunate that are prison are still operating more as breeding places f
or hardened criminals than correctional institutions. A major factor responsible
for this is that prison administrator has so far ignored, if not failed to even
realise, the therapeutic value of education in correctional process” .
“Even after years of incarceration, many prisoners came out as illiterat
e as they were at time of admission. Modern techniques of teaching adults have n
ot found an entry into the prison and the outmoded frustrating methods fail to a
rouse any enthusiasm among the prisoners. There is great scope of utilizing the
talent of the educated prisoners for the instruction of the illiterate and semil
iterate. Audio-visual methods and the mass-media could also be mobilised for imp
arting formal education in prisons”.
The problem of illiteracy is aggravated by the facts that under the jail code of
many states basic education is not compulsory of illiterate convicts. It would
surely make a difference if every adult offender was compelled to attend a short
literacy course, of three to six month’ duration, comprising teaching of letter
s, simple words: and the ability to write at least one’s name and address.
Another major objective of general education in prison is to develop in every of
fender a sense of social responsibility. The course on social responsibility sho
uld include basics of nature and structure of society, for independence of its d
ifferent parts, social value, necessity of law and order, the meaning and import
ance of democracy as a form of government from village panchayets upwards, and t
he reasons behind punishment.
The detailed nature of the course on social responsibility has obviously to depe
nd on the period of imprisonment, and if this period is rather short, there shou
ld be a selection of the important element and if possible, a summary of the who
le course.
Community service as an alternative sentence to develop sense of social responsi
bility:
Another alternative form of punishment is community service. Community service i
s most often used in misdemeanour cases, or occasionally when the criminal has b
een convicted of a non-violent felony, such as embezzlement. Community service c
an take a variety of forms, including everything from cleaning up roadside parks
to presenting speeches and seminars on the evils of crime. Community service is
sometimes granted when the convict has a high level of visibility to the public
. For example, celebrities such as rock musicians and movie actors may be given
sentences of community service because the court believes that more good can be
done for society through the celebrity s service than through his imprisonment .
In India, there is a provision in the Code of Criminal Procedure for Probation o
f the criminal and also the legislature has enacted a law called as Probation of
offender Act, on account of these two points, it is well settled that the objec
t of the punishment which is given to the criminal is not to harm him or make hi
m life as miserable as we can make, but is to reform his life. Now that is the r
eason that magistrates are given discretion to award a criminal with an opportun
ity under probation period rather than directly to send him to the prison.
The procedure so provided some times works but unfortunately in most of the case
s the criminals are sent to jails because of the grave nature of the offence whi
ch they have committed. Now this process of reform is tried to b e achieved ther
e as well through various means such as sending the prisoners for community serv
ice etc.
Through community service etc. after completion of the sentence, a criminal can
easily enter into his society and can be well accepted there and his life can re
sume all the comforts which he used to enjoy earlier. The kind of work under thi
s programs which they are generally provided are of such nature that even if the
criminal has not overcome his criminal personality, but still he will not be ab
le to commit any personal harm and his qualities to fit into the social life can
be judged upon very efficiently. The work which they are given might include ma
intenance of public roads, afforestation, environmental conservation, water cons
ervation and repair of public schools, hospitals and other institutions. "It cou
ld also include delivering services at orphanages, cleaning and manual work as w
ell as specialist or professional services for the benefit of the community”
The community service program allows inmate an opportunity to give back to the c
ommunity while at the same time supporting the Department’s restorative justice
initiative of making a contribution to society. The program alleviates boredom a
nd tension in prison, resulting in a safer environment for both staff and inmate
s. Safer prisons help establish a sense of security within communities and give
offenders a sense of pride and accomplishment as they provide needed services to
various organizations throughout the state.
Therefore it becomes a very settled proposition that the community services are
always beneficiary for prisoners. “Community service is a flexible, personalized
, and humane sanction, a way for the offender to repay or restore the community.
It is practical, cost-effective, and fair–a "win-win" proposition for everyone
involved” .
Constructive Activities and Social Reintegration: Reformation beyond the prison
premises
If a person is being deprived from his liberty then it is considered to be very
severe punishment. Of itself imprisonment is a severe deprivation of rights and
thus it is only to be imposed by a judicial authority in clearly defined circums
tances and when there is no other reasonable alternative. The prison authorities
should not seek to increase the punishment of the court by treating prisoners i
nhumanely or with unjustified severity. On the contrary, they should do all that
they can to prevent the physical and mental deterioration of those in their car
e. It is not sufficient for prison authorities merely to treat prisoners with hu
manity and decency. “They must also provide the prisoners in their care with opp
ortunities to change and develop. This requires considerable skill and commitmen
t. Most prisons are filled with people from the margins of society. Many of them
come from extreme poverty, and disrupted families; a high proportion will have
been unemployed; levels of education are likely to be low; some will have lived
on the streets and will have no legitimate social network. Changing the prospect
s in life of people with such disadvantages is no easy task ”. Prisons should be
treated as place where there is a full opportunity for constructive activities
which will help prisoners to improve their condition and learn to lead a dignifi
ed life. At the very least the experience of prison should not leave prisoners i
n a worse condition than when they started the sentence but should help them to
maintain and improve their health and intellectual and social functioning.
International Covenant on Civil and Political Rights, Article 10 (3) says:
The penitentiary system shall comprise treatment of prisoners the essential aim
of which shall be their reformation and social rehabilitation.
Standard Minimum Rules for the Treatment of Prisoners, Rules 65–66:
65 “The treatment of persons sentenced to imprisonment or a similar measure
shall have as its purpose, so far as the length of the sentence permits, to est
ablish in them the will to lead law abiding and self-supporting lives after thei
r release and to fit them to do so. The treatment shall be such as will encourag
e their self-respect and develop their sense of responsibility.
66 (1) To these ends, all appropriate means shall be used, including religious
care in the countries where this is possible, education, vocational guidance and
training, social casework, employment counselling, physical development and str
engthening of moral character, in accordance with the individual needs of each p
risoner, taking account of his social and criminal history, his physical and men
tal capacities and aptitudes, his personal temperament, the length of his senten
ce and his prospects after release.
(2) For every prisoner with a sentence of suitable length, the direc
tor shall receive, as soon as possible after his admission, full reports on all
the matters referred to in the foregoing paragraph. Such reports shall always in
clude a report by a medical officer, wherever possible qualified in psychiatry,
on the physical and mental condition of the prisoner.
(3) The reports and other relevant documents shall be placed in an i
ndividual file. This file shall be kept up to date and classified in such a way
that it can be consulted by the responsible personnel whenever the need arises”
.
A rehabilitated prisoner is not one who learns to survive well in prison but one
who succeeds in the world outside prison on release. If prison authorities are
to give priority within their programme of activities to what the International
Covenant on Civil and Political Rights describes as the “reformation and social
rehabilitation” of prisoners, they will need to base the activities in the priso
n on giving prisoners the resources and skills they need to live well outside pr
ison. This means, for example, linking the work that prisoners do in prison to t
he work possibilities outside. Prisoners should be helped to get the skills and
capacity to earn a living and support a family, bearing in mind the discriminati
on that exprisoners are likely to face when trying to find work. During the time
that men and women are in prison, arrangements should be set in place to help t
hem find somewhere to settle after they are released and to create some form of
social structure which will help them to be re-accepted into society.
Each person who comes to prison has had previous life experiences and almost all
prisoners will one day be released. If a person is to benefit from his or her t
ime in prison the experience should be linked to what is likely to come after re
lease. The best way to do this is to prepare a plan as to how the prisoner can m
ake use of the various facilities which are available within the prison system.
Prisoners need to be given things to do which ensure that they are not idle and
which also have a purpose. All the activities, whether they are agricultural, pr
isoners becoming literate, or being involved in cultural and artistic programmes
should be organised so as to contribute to an atmosphere where prisoners do not
deteriorate but rather develop new aptitudes that will help them when they are
released. For prisoners who are serving short sentences there may be little time
to embark on useful activities. In their case the main emphasis will be on pres
erving the links with the family and the outside world.

Conclusion:
Education is the very base of the modern correction process. It not only brings
about sublimation of the anti-social instinct in a criminal but also helps him i
n his ultimate resettlement in society. An ideal scheme of prison education shou
ld include diversified programmes for both general and vocational educational wi
th emphasis on the needs of different inmates groups. Elementary education apart
, the general educational programmes in a prison should include moral and spirit
ual education, cultural and creative activities. Correction and change in the pr
isoner’s mentality can be brought about if certain other facilities are extended
to the deserving inmates, such as supply of books, periodicals and newspapers a
nd facilities for continuation of studies during incarceration. In view of pract
ical difficulties for ex-offenders to secure stable and secure jobs after releas
e, the prisoner should be given such vocational training as would enable them to
establish themselves through self-employment. These calls for fresh look at jai
l authorities which are still largely confined to those established by the colon
ial British rulers and hardly have any bearing on present day needs of rehabilit
ation. To ensure that development of prison work programmes and vocational train
ing does not suffer for lack of funds and subject of prisons needs to be include
d in the mainstream of our developmental plans. The services of voluntary organi
zation may also be meaningfully utilized for organizing various educational and
work programmes in prisons. The attempt like inculcating education as a medium t
o prepare prisoners for life after their jail terms in Beur Jail at Patna , The
Indira Gandhi National Open University (IGNOU) is working on an ambitious plan t
o provide free education to prisoners lodged in jails across the country. Under
the varsity s project, all course offered by it will be available free of cost t
o all prisoners . And reforms made by Kiran Bedi on detoxification programs, imp
roved nutrition and sanitation, literacy and language classes taught by prisoner
s, yoga, prayer, meditation, legal advocacy by prisoners who were lawyers, tree-
planting inside the prison and acting upon prisoner complaints should be encour
aged and recognised by the government and by the people.