Professional Documents
Culture Documents
Prison
populations
have
remained
at
the
margins
of
welfare
and
overview of the past and current prison reforms in India and some
suggestions for the improvement of prison conditions in India.
vocational.
2.
Such
training
should
be
lawfully
carried
out
in
homogenous
buildings.
4.
5.
Continuing
responsibility
of
society
should
be
maintained
for
The U.N. Declaration on Protection from Torture, 1975 (United Nations, 1975)
laid down guidelines for member nations to ensure protection from torture:
However,
the
number
of
prisons
has
not
increased
post-
conditions in prisons.
home-cooked
food
and
bring
books
inside
and
subscribe
to
Convicted
prisoners,
who
have
been
sentenced
to
rigorous
imprisonment, are not allowed to work for more than nine hours a day. The
type of work to be assigned to a prisoner is to be decided by the M.O. based
on the physical examination of the prisoner every fifteen days.
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force, foul language, etc. The punishments include hard labour, separate
confinement, reduction of diet, etc., but no two punishments can be
combined, which may have adverse effect on the health of the prisoner.
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Rules on release on parole and furlough (short leave) are also specified
In the case of Patnaik (AIR 1974 SC 2092), Justice Chandrachud held that
Convicts are not, be mere reason of the conviction, denuded of all the
fundamental rights which they otherwise possess. A compulsion under the
authority of law, following upon a conviction, to live in a prison-house entails
by its own force the deprivation of fundamental freedoms like the right to
move freely throughout the territory of India or the right to practice a
profession.... But the Constitution guarantees other freedoms like the right to
acquire, hold and dispose off property for the exercise of which incarceration
can be no impediment.
In Writ Petition No. 1822 of 1985 of the A.P. High Court, while considering the
question of wages for work done by prisoners, said that In the general realm
of reason too, one can find no support for the view that the State can deny
payment to the prisoners work or that the State is under no obligation to
provide any work to the prisoner. Idleness, particularly forced idleness, is
sure to destroy a mans life and personal liberty.
In Hussainara Khatoon (1979 Cr.L.J. 1045) and earlier in Hoskot (AIR 1978 SC
1548), the Supreme Court declared that the right to free legal services is an
essential ingredient of reasonable, fair and just procedure implicit in the right
to personal liberty under Article 21.
In the Francis Coralie case (AIR 1981 SC 746), it was observed that the right
to life for prisoners includes the right to live with human dignity and includes
adequate nutrition, clothing, shelter, facilities for reading, writing and
expressing oneself in diverse forms, freely moving about and mixing with
fellow human beings.
(2)
(i)
Right to bail: In Babu Singhs case [(1978) 2 SCR 777j, the Supreme
Court laid down that the rejection of bail without any reason, amounts to
unreasonable deprivation of an individuals liberty.
(ii)
1548), the Supreme Court laid down two ingredients of fair procedure:
(a) A convict should be provided with a copy of the judgment within a
reasonable period so that he may exercise his right to appeal, and
(a) Free legal aid should be provided to the person if he is not able to arrange
the same owing to disability or poverty.
(iii)
In the Hussainara Khatoon case (AIR 1979 SC 1360), the Court stated that a
speedy trial is implicit in the broad sweep and content of Article 21, as
interpreted in the Maneka Gandhi case (AIR 1978 SC 597).
(3)
Political Rights
(i)
Press interviews: In the Prabha Dutt case, the Supreme Court (AIR 1982
SC 6), ruled that a prisoner is entitled to give a press interview, if the press is
willing to take his interview. A death sentence prisoner, who is willing to write
something which is of great scientific, historical or educational value may be
given enough opportunity and time to complete his work by suspending
execution of death penalty for a reasonable period of time.
(iii)
document
which
needs
implementation.
Some
of
the
health,
support,
counselling and guidance and rehabilitation. It also lays down the need for
the creation of a Committee at the State level for this purpose and giving
financial and non-financial support to NGOs interested to work in this field.
Another landmark report in this connection is the report of the National
Expert Committee on Women Prisoners headed by Justice Krishna Iyer
(Government of India, 1987). This Committee was set up by the Department
of
Women
and
Child
Development,
Government
of
India
to
make
professionalise prison staff (Vol. I, Para 359, p. 242). This has been also dealt
with in Chapter XXIV of the Report of the All India Committee on Jail Reforms,
1983.
9 Gender Sensitization of Prison Staff: The Committee has given a strong
recommendation to orient custodial officers to adopt a progressive approach
to correctional work, especially as it affects women inmates.
reaching out to the prisoner to effectively deal with the anxieties of inmates,
particularly undertrials, with respect to their families and children. To assist
the
prisoners more usefully, and especially to serve as a liaison between the
prisoner anjJ her family, it is necessary to have trained social workers whose
specific duties would not be custody and security, but to work towards the
social integration of the prisoners. Such social workers could also arrange
activities for undertrial inmates to help them to spend their time
meaningfully, without compulsion. Such social workers would be useful as a
tool to prison management to understand social and group dynamics and to
use it to the advantage of the prisoner as well as the custodial staff. The
social workers counselling input should encompass the custodial staff as well
as the inmates.
Separate Volume on Women Prisoners in Prison Manuals: In order to address
the special needs of women prisoners and to increase the visibility of such a
document, the Committee has recommended developing a separate volume
in the prison manuals for the custody and treatment of women prisoners. A
draft separate volume has been prepared by the Committee. Association of
Para-legal and Social Workers: To increase legal literacy and assist in social
and emotional mainstreaming of women prisoners, the Committee has
recommended the induction of para-legal and social workers to help solve
personal, family and legal problems of prisoners. It has also recommended
activating the system of prison visitors, setting up socio-legal counselling
services, organizing legal camps and offering functional and legal literacy to
prisoners .
Non-official Visitors: The Committee has recommended the appointment of
women social workers in the districts as non-official visitors. The panels
terms
of
reference
should
include
monitoring
of
prison
conditions,
Socio-legal
Counselling
Cell:
For
improved
legal
and
social
long-term accommodation.
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Follow-up of cases.
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A recent initiative in the series of such exercises is the Model Prison Manual
(Government of India, 2003). The report has separate chapters related to
education, vocational training and work programs, welfare, aftercare and
rehabilitation of prisoners. Some of the recommendations from the Model
Prison Manual are:
Education: The report states that the policy should aim at making
Department
could
be
deputed
for
this
purpose.
Open
counselling,
psychotherapy
and
guidance
of
prisoners.
It
makes
both junior and senior levels, strengthening the legal aid system towards
access to justice for marginalized sections, restructuring of the educational,
library facilities and vocational programs in prisons, providing financial and
infrastructure support to voluntary organizations working on the rights,
welfare
and
rehabilitation
of
custodialised
populations,
and
creating