Mahatma Gandhi on Prison Reforms

MAHATMA GANDHI

ON PRISON REFORMS

DR. P. PRATHAPAN

Copyright © 2015 by Dr. P. Prathapan.

ISBN:      Hardcover      978-1-4828-4021-6

               Softcover        978-1-4828-4022-3

               eBook             978-1-4828-4020-9

All rights reserved. No part of this book may be used or reproduced by any means, graphic, electronic, or mechanical, including photocopying, recording, taping or by any information storage retrieval system without the written permission of the publisher except in the case of brief quotations embodied in critical articles and reviews.

Because of the dynamic nature of the Internet, any web addresses or links contained in this book may have changed since publication and may no longer be valid. The views expressed in this work are solely those of the author and do not necessarily reflect the views of the publisher, and the publisher hereby disclaims any responsibility for them.

Partridge India

000 800 10062 62

www.partridgepublishing.com/india

Contents

Chapter 1   Introduction

Chapter 2   Prison Life -100 years ago

Chapter 3   Classification of Prisoners

Chapter 4   Prison Diet

Chapter 5   Duties of Prisoners

Chapter 6   Rights of the Prisoners

Chapter 7   Human Rights Issues in Prison

Chapter 8   On Reforming Another Person

Chapter 9   Case Studies by Gandhi

Chapter 10   Relevance of Gandhiyan Approach to Correction

Chapter 11   Summary of Suggestions

Appendix 1   United Nations Standard Minimum Rules

for the Treatment of Prisoners

GANDHIGRAM RURAL INSTITUTE –

DEEMED UNIVERSITY

(Estd.u/s. 3 of the UGC Act. 1956 vide Notification No. F.9-1/76-U.3/3.81976 of Gol.)

Re-Accredited with A Grade by NAAC

DEPARTMENT OF GANDHIAN THOUGHT AND PEACE SCIENCE

Ph. 0451-2452371 (Off), 9443457098, Fax: 0451-2454466, E.mail: willkaran@yahoo.co.in, willbas@rediffmail.com

Date: 13-06.2014

Message

Indian prisons are becoming overcrowded and the rate of recidivism and crime is soaring up day by day despite the measures to control it. Though prisons were created in ancient times mainly to punish the offenders, the democratic world changed its objective of creating prisons to correct and reform the offenders and transform them to lead the normal life as in the case of other citizens in the society. However, it’s another purpose is to defend and protect the law abiding citizens from doing crime and criminals.

But most of the prisons in India were constructed during pre-independence period with an intention to punish the political opponents and they failed to differentiate the political prisoners from criminals. Thus isolation, elimination, punishment, brandishing and victimizing were the core activities of prisons which nullified all the correctional activities. This approach was considered as barbaric and inhuman by social thinkers and reformists.

Mahatma Gandhi who was a prisoner in South Africa and in India during his fight for justice and freedom observed the violation of human rights and the deplorable conditions of prison wrote about prison reforms and the correctional work that are to be undertaken radically. He was of the opinion that crime is a disease of the mind which is curable just like any other disease in the body. Thus he made so many recommendations from his experiences and observations to implement correctional approaches instead of punitive actions and punishments.

The United Nations also created Standard Minimum rule for the treatment of prisoners and stipulated the basic amenities and measures for the welfare of prisoners of all Nations.

In India, the present Prison Manual stipulates categorically the rules with regard to the duties and responsibilities of personnel in prisons, the procedures with regard to classification of prisoners, daily routines to be followed, offences and punishments, remission system, dietary, cloths and bedding, convict labour, jail industry, leave, transfer, release, escapes, prison offences, structural and procedural security, medical examination, sanitation, water supply, undertrial prisoners, female prisoners, young offenders, lunatics, lepers, Welfare Officer, aftercare service, advisory board, etc. for protecting prisoners and promoting reform activities.

It is interesting to find that Mahatma Gandhi wrote on the above issues about a hundred years ago but one cannot claim that his suggestions were adopted completely to reform the prisons though they are innovative and relevant. Some of the Gandhian thinkers and activists have adopted his principles in their training to transform the prisoners to lead normal and principled life in the society. However more research works are needed in this field.

Towards achieving the goal of prisoner’s emancipation and transformation, Dr. P. Prathapan has collected and classified the writings of Mahatma Gandhi on Prison reforms and edited and chapterised them in this book for the betterment of humankind. This work of him will be much useful and serve as a guidebook for the people who are involved in correctional endeavour.

M.William Baskaran

Chapter 1

INTRODUCTION

Correction of an individual who had committed a crime and send him back to the very same society is one of the prime objectives of the Prison institutions, which is part of the Criminal Justice System of every country. Even after long 67 years of Independence the prisons and correctional system in India have not transformed much to achieve the said objective. Mainly because there is not much substantial amendments to the prime legislations in the field of imprisonment like the Prisons Act 1894 and Prisoners Act 1900. Similar is the case with Probation of Offenders Act 1958, which deals with non-institutional correction of offenders. There are daily reports from newspapers regarding the human rights violations in various prisons in India. Gandhiji suggested enactment of a new Prisons Act in order to suit the objective of correction and converting the penal institutions into Reformatories. He also stated that till then the prison officers will be helpless to change the atmosphere within the Prisons, as they have to work according to existing law. Prisons needs change in order to prevent thousands of simple offenders becoming hardens due to the treatment received within the prisons. Here the observations and suggestions of Gandhiji on prison conditions and prison reforms becomes relevant as it gives us an insight on what is happening within the prison walls and the need and ways of change in a positive way; and in the larger interest of the society as each individual has got a dignified existence. These insights and first-hand reporting on prison conditions by none other than the Father of the Nation is thought provoking.

It is interesting to find that Mahatma Gandhi fought earnestly by giving petitions, fasting within and out of prisons, whenever violations of human rights had come to his notice relating to him or to other prisoners in the prisons of South Africa or in India.

Mahatma Gandhi was convicted three times and regarded as a dangerous criminal and imprisoned in six jails in South Africa with actual imprisonment of 249 days. As a political prisoner, he was imprisoned in various prisons in India, with actual imprisonment of 2089 days in the Jails in India.¹"

He had opportunity to read widely and wrote profusely while in prisons. He had actually personally undertaken reformation of some of his fellow prisoners and convict warders who were posted to help him. Further he had expressed opinions and suggestions for ameliorating the conditions of prisoners on several occasions. Many of this observations and opinions though short are deep and to the point. His concern for the rights of the prisoners and to improve the conditions in prisons with regard to sanitation, food, recreation, medical treatment and against solitary confinement, even when he was outside the prisons are shown through various representations and letters he had written to the Prison Authorities as well as to the Press. Several pathetic conditions prevailed within prisons in those days come to light of the day because of his writings in the press, representation to prison authorities. Thousands of his fellow men were in prison as political prisoners in various parts of India and he used to collect information regarding the prevailing situations in those Prisons.

Gandhi had discussions with four Superintendents of the Central Prison, Yeravda where he was a Prisoner and with a Prison Director during the period of his imprisonment in 1922, on various issues relating to Prison Reforms. But the written representations, if any, in this regard could not be traced out except a small write up regarding suggestions on prison reforms. But his prison experiences, Prison dairy notes to the Press and correspondence with Satyagrahi prisoners from different corners of India, give ample material evidence to show that he was very much concerned with Prison Reforms and to convert the existing prisons into ‘Reformatories’ where the individuals can be treated humanely.

The ideas of ‘Truth and Non Violence’ are as old as Hills was a comment made by Gandhi and it is a pointer that Gandhian values have its roots in the Indian Cultural tradition. ‘Correction’ of a deviant person is to be made effective by choosing a suitable re-socialisation pathway in incongruence with ones socio-cultural background.

Here is a humble attempt to find out the ‘correction’, in other words, the ‘reformation and rehabilitation’ of a deviant person who had committed an offence through the application of ‘Gandhian values’. Today in India, Prison and Probation are the two methods in which an Offender is legally handled with a view to reintegrate the offender into the very same society in which he belongs. Recidivism is higher in the case of ‘prison treatment’ (which is termed as institutional) than ‘Probation’ (which is termed as non-institutional).

From the Gandhian point of view the personal and socio-cultural values are also to be considered and applied to make the ‘correction’ really holistic and sustainable. But there seems to be no concerted effort in this regard, so far in India, so that Prisons and Probation services remain by and large the same for more than a hundred years, like ‘correctional islands’. The United Nations report on the Origin and spread of Probation and related measures are published in the year 1951 compiling the non institutional corrections in several countries of the world including India.

Traditional Views

The traditional Indian view with regard to crime and offenders are different and some are enumerated below:

The rules and regulations in the ancient days, ‘dharma’ are of different types like, the rules and regulations of a particular country (Desa- dharma), caste (jati - dharma), family (Kula - dharma) and specific duties of an individual (Swa - dharma). At the same time certain moral duties like nonviolence, prescribed to all common man.²

The ‘dharmas’ existed in the ancient days had the social value equivalent to that of a Legislations of today. A person who obeys the ‘dharma’ can enjoy his social life, and if the people obey the ‘dharma’ there will be no crimes, that neither punishment nor punisher was needed. Generally a person obeys the dharma even today, which is the basis of harmonious social life. But always a minority of people violate the ‘dharmas’.

According to Sukraniti (4.53-35) at the time of ‘Krta-yuga’, the ‘Dharma’ was fully practiced and men behaved in the morally right manner. But during the following era i.e., ‘Treta-yuga’, dharma lost one of its four feet and because man’s behaviour was no longer perfect, punishments were introduced. During the following eras, ‘Dvapara’ and ‘Kali’ even punishment as a disciplinary institution and deterrent action has been gradually losing ground.³

This situation occurred when individuals violated to observe his rules of conduct, and disregarded his duties to himself, his family, to his caste and to the State. Some of these lapses like theft, vandalism, had become a social problem.

According to ‘Charka Samhita’ (5-9) worldly action (pravrtti-karma) is motivated by delusion (moha), desire (iccha) and dislike (dvesa). It is root of all sin (agha). Some of the worst sins are killing, drinking of wine, theft, having sexual intercourse with his ‘gurus’ spouse and association with such sinners. Another list of sins includes the seven rules (maryada). Such acts are not to be done in society like, stealing (steya) sexual intercourse with a women not one’s own (talparohana), killing of a Brahmin (brahmahatya), abortion (bhrunahatya) drinking of wine (surapana), doing wicket acts (duskrta) and speaking untruth (anarta) ⁴.

In Ancient India theft was the commonest crime. Further, at least the following sins were considered as crimes: Kidnapping, cut-pursing, pick pocketing, highway robbery, forgery, use of false balance, fabrication of weights and measures, adulteration of daily commodities, gambling, adultery, abuse, assault, crime of violence, murder, commoners indulgence of royal sports, speaking against the king, stealing of royal wealth, violation of royal commands, creating dissatisfaction among people, bribery, corruption, perjury, defiling temples or idols and spoiling or misusing of water tanks.

Chanakya, another prominent ancient lawgiver, in his Chanakyasutra, states that criminals are considered to be equal to the soldiers of an enemy country. People belonging to the four castes and four stages of life are protected and checked from any deviation by royal punishment… ‘Santhiparva’ (59.77) states, ‘punishment is the protector (raksana-karika) of the people thanks to its twofold role of suppressing (nigraha) and rewarding (anugraha) or giving reward to be person who assists in catching a criminal or informs about the crime. Thus punishment means protection: it helps to protect the existing social order"⁵.

Gandhi redefined the concept of ‘Dharma’

The seeds of Gandhian thought can be observed in his book ‘Hind Swaraj’. Gandhi wrote it during the short period from 13th to 22nd November 1909, while on his return trip from England to South Africa on a ship ‘Kildonan Castle’. He had gone to England to give memorandums to ameliorate the plight of Indian in South Africa, representing them but returned as disillusioned with politicians and other leaders of England. The aim of the book was to show the need to educate and reshape the existing social order to an innovative future, which suits the circumstances, and needs of Indian society. It is blue print for his plan of action and gives more importance to the welfare of all and reaching happiness to individual citizen.

In the past dharma was tied to a hierarchical system of duties and obligations and to the preservation of status. Gandhi felts that the time had come to redefine the scope of dharma to include notions of Citizenship, Equality, Liberty, Fraternity, and Mutual assistance.⁶

Personality Development

Gandhi advocated the development of each individual leading to the social development and world peace. "Self realization is not just a vague religious concept for Gandhi but it is the highest development of man. It is a process as natural as a seed growing into a full tree. It is natural for humans to aspire for higher things. This aspiration is the motor, which drives man

towards the realization of his potential in body, mind and spirit."⁷

Gandhi had put forth a clear model for prison or Corrections in India. He had suggested that the Administrators of free India to enact suitable laws so as to enable the Prison Officers to work humanely suitable with the changed circumstances; and positive approach. He suggested that the approach of Prison officers should be as the approach of doctors or nurses towards a patient who had come for treatment, in a hospital. And he equated hospitals with prison because ‘crime’ is a disease of the mind, which is to be treated and cured. A browse through the Gandhian literature helps us to arrive at a picture on the views of Gandhi on the reformation and rehabilitation of a person convicted in a criminal case.

‘Hind Swaraj’ as blue print for Nation building

Mahatma Gandhi expressed views relating almost all issues relating to prisons are astonishing and comprehensive than many of the Jail review Committee reports.

Mahatma Gandhi observed in Hind Swaraj that the pathetic conditions of the poor people of India are due to ignorance, and consequent injustices suffered on various counts. He considered Indian civilization above all other existing civilizations. He loved his fellow being and envisioned their resurrection through self realization. The very purpose of Hind Swaraj is to save India from the evils of modern civilization and it outlines the ideal Indian Society that he sincerely and honestly, envisioned, about 100 years ago. The sincerity and honesty of the author can easily be observed from the simple, logical and effective language used to convey the message to the concerned persons.

Gandhi, at the age of 24 years, reached Durban in 1893 for a short period in order to assist in a lawsuit involving ₤ 40,000/- of Dada Abdullah and Company, for a fee of ₤ 105 and I Class return fare. But the circumstances forced him to continue the stay upto 1914 except few brief visits to India. It was during his stay in South Africa; Gandhi developed his philosophy of life and invented a new technique called ‘Satyagraha’, to fight against oppression and other injustices.

After his one year assignment the farewell party for Gandhi organized by Abdullah Seth was incidentally converted into an Action Committee meeting, and Gandhi was asked to stay for one more month to advice and assist in preparing petitions against a newly introduced De-franchise Bill against all Indians. This farewell Committee turned into Natal Indian Congress in August 1894 when Gandhi was just 25 years.

Gandhi himself experienced the bitterness of racism on various occasions, when, he was asked by the judge to take off the Gujarathi turban which he was wearing while appearing before the Court, he was thrown out of the I class railway compartment when the train reached Pietermaritzburg railway station in June 1893, he was refused accommodation in a European hotel at Johannesburg and he was assaulted by white mob and had to escape in disguise with police escort. And Gandhi observed that similar injustices were meted out to the Indians settled in South Africa, but they had reconciled to it out of fear. In Hind Swaraj Mahatma Gandhi Wrote:

India is being ground down not under the English heels but under that of modern civilization. It is groaning under that monster’s terrible weight.⁸

Gandhi observed that the people were immersed in the vicious circle of various problems relating to bondage, poverty, ignorance, and superstition; and under the evil influence of modern Civilisation. He considered that running away from those problems is cowardice and hence he had decided to fight, whenever an injustice had come to his notice. He wrote Suffering can be used creatively for the emancipation of people other than oneself from the bonds of fear. According to Gandhi the modern civilisation represents, oppression, corruption, exploitation and hence violent in nature. Submitting petitions, signature campaigns and Satyagraha were the weapons adopted by him to fight against them.

Important fights lead by Gandhi is South Africa.

1. Signature campaign against De-Franchising Bill

2. Campaign in 1894 against the tax of ₤ 25 on indentured labourers

3. Mobilised public opinion against the laws against Indian Traders and restrictions on Indian Immigration Act.

4. Sathyagraha in 1906 against the Registration Act.

5. Sathyagraha in 1913 against the Marriage Recognition Act.

The result of all the above was Indian Relief Bill 1914 which is considered as an evidence for the successful culmination of various fights lead by Gandhi over the years in South Africa.

Not only the fights against Government but at the same time Gandhi had organized social service activities like the formation of Ambulance Corps consisting of 1100 persons, mainly of indentured labourers; and served the wounded during the Boer War (October 1899) and Zulu rebellion (1906). Such services were recognized by the British Government which awarded War medals to Gandhi for the meritorious service.

Later in 1909 Gandhi lead a delegation of leaders from South Africa to England in order to convince the Members of Parliaments, Press and Authorities, regarding the real grievances of the people of South Africa. The petition contained three demands only for the amelioration of the conditions and dignified life to the Indian in South Africa, but was not agreed upon. Gandhi was disillusioned after the visit to England and wrote: The Satyagraha is the only alternative left to us. And while returning to South Africa on board of the ship named as S.S. Kildenon Castle he wrote the ‘Hind Swaraj or Indian Home Rule’.

Gandhi viewed that Hind Swaraj or Peoples Swaraj had various dimensions, like political, social, economic and moral. Gandhi envisaged a decentralized democratic Government with equality and non discrimination based on religion or caste. He wanted the removal poverty, destitution and to provide basic education for all. Good values are to be adopted in private and public life of individuals whereas the modern civilization is centralized, organized, with fast life, devoid of human touch and sets no limit to our indulgence, Gandhi wrote: it does not add not an atom of our happiness.

Gandhi analyses the causes of the present state of affairs of the then Indian society. Through these writings he had educated the general public on the true self of India in a historic perspective and kindled the positive self-concept that caused the development of personal dignity, which is present in each individual.

In chapter IV of Hind Swaraj by Mahatma Gandhi or the Editor asks on what you will do in the event of the English leaving India. And the Reader replies that the question cannot be answered at this stage. The discussion quoted below from Hind Swaraj reveals that the true freedom is to be evolved.

Editor:   Supposing we get Self-Government similar to what the Canadians and the South Africans have, will it be good enough?

Reader:   The question also is useless. We may get it when we have the same powers.

Editor:   In effect it means this that we want English rule without English man. You want the tiger’s nature, but not the tiger; that is to say you would make India English, it will be called not Hindustan but Englishtan… It is difficult for me to understand the true nature of Swaraj… There is need for patience."⁹

There is no mention of the word prison in Hind Swaraj. At the same time Hind Swaraj is considered as the general guiding principle for the things to come on every aspect of life including prison reforms considering the changed circumstances. Hind Swaraj is considered as a ‘blue print’ for achieving true Swaraj. And it does not describe the functioning of the Government but mentions about decentralized form of Government. So modifications are necessary by preparing detailed action plans imbibing the spirit of Hind Swaraj in various ways. Gandhi himself developed it through his later writings. Thus it applies to the institutional and non-institutional corrections of offenders in free India. It is meant for the all-round development of individuals, all members of the society and for the protection and preservation of the environment for the future generations to come.

Gandhi wrote about prison reforms and correction of prisoners through his later writings, because he had come across several injustices and discriminations in the prisons of South Africa and India. He undertook the correction of a few prisoners while he himself was a prisoner, and wrote even case studies of the correctional work undertaken by him within Prisons

The effect of imprisonment on prisoners

Gandhi aptly wrote on the aftermath of sending a person to prison are producing negative results only due to the attitude of prison officers and other prevailing circumstances in prisons, that:

Imprisonment often makes them hardened criminals. The animal treatment commences upon arrest. The accused are in theory assumed to be innocent unless they are found guilty. In practice, the demeanour of those in charge of them is one of haughtiness and contempt. A convicted man is lost to society. The atmosphere in the prison inures him to the position of inferiority¹⁰.

This is the same as the modern criminologists and psychologists would say. Majority of prisoners in India are remand prisoners. They are for a shorter period so no correctional activities are proposed to them. But imprisonment even if it is for a shorter period it gives a lasting negative impact