Is there a need for Prison reforms? Let us see what two of the greatest of men had to say about prisons:
“It is said that no one truly knows a nation until one has
been inside the jail. A nation should not be judged by how
it treats its highest citizens, but its lowest ones.”
– Nelson Mandela
“As an old and experienced prisoner, however, I believe that
Government have to begin the Reform. (One will have to)
first undo the mischief done in prisons where the environment
hardens the criminal tendencies, and in the case of innocent
persons, they learn how to commit crimes without being
detected. I hold that humanitarian effort cannot cope with
the evil wrought in the Jail.”
– Mahatma Gandhi
Our prison systems were designed by an alien ruler who considered Indians as below them, as sub-human. It is unfortunate that we in free India have not given due consideration to reforms in our prison system. India has a large prison population of 4,11,992 (as on 31.12.2013). This means, for every 1,00,000 of our population, 34 persons are in prison, which comes to 0.034 percent of the population. In the words of Supreme Court of India, jails cannot be turned into anthropoid zoos. The conditions in our prisons are pathetic.
Some hard facts
Let’s examine some realities of our prison system:
- Total prison population is 4,41,992, while total capacity is 3,47,859. Thus, overcrowding is a serious problem.
- Health services are in shambles: Prison life is very harsh, inhospitable and depressing. This by itself gives rise to many diseases, especially skin allergies, which is further aggravated by overcrowding.
- Work and wages: All prison services are run by prisoners exclusively, except security. In the matter of security too, a large number of convict prisoners play a significant role. Yet, they are paid ridiculously low wages.
- Remissions: Remission is the relief that is granted for good conduct, industry and such other positive behaviour. However, there is a tendency to exclude certain laws like the NDPS Act, from remission.
- Paroles: During currency of detention, a prisoner is allowed to go home for certain purposes. This is variously termed as parole. There is a tendency to deny even this.
- Life imprisonment: The worst case is of lifers. They are at the mercy of all and sundry in the power structure of the criminal justice system. If they are pleased, he/she may be released after 14 years; otherwise, the prisoner languishes in jail for 30-40 years.
- Old persons: Geriatrics are especially sensitive to harsh prison life. A year in jail takes unduly heavy toll on the physical and psychological health of an old person. Yet, no care is being taken in this regard.
- Women: Prison life is especially harsh and severe on women. Many women have their children with them while entering the jail. Our system does not make any allowance for these young innocent inmates. In the year 2013, our prisons held 1,925 children captive for no fault except that they happened to be the children of those unfortunate mothers.
History of Indian prisons
Prisons have existed since time immemorial. But upto the first millennium, imprisonment was generally reserved for political prisoners. Imprisonment as a punishment was not used. On account of this, systematic prisons were not designed. People were confined in forts and castles.
Even England continued with cruel and uncivilized punishments like whipping of men and women, dragging them through the streets in a cart’s trail, public hanging of thieves and other felons, etc. Towards the end of the 18th and beginning of the 19th century, change of sentiment occurred in England, which had its echoes in India too. Around 1790, the punishment of mutilation was forbidden by law in India and in its place, imprisonment as punishment was prescribed. This required establishment of more jails and more modern notions regarding the treatment of criminals began to prevail.
In 1834, a regulation was passed for the improvement of prison discipline and a measure of prison reforms was initiated at the instigation of Lord Macaulay. Thus came the first Prison Commission in 1838, which inter alia suggested that:
- Convicts be put to labour in large central prisons.
- Adequate arrangement be made for classification and discipline.
- Labour be enforced by “machines which render the working at them a dull, wearisome and disgustful exertion.”
- One or more prison inspector be appointed for each province.
But when Sir John Lawrence reviewed the system in 1864, not much progress had been made. Thus came the second Prison Commission. Their report was on the lines of the first commission, but it laid down a systematic prison system which is broadly in force even today. Separate Acts were passed for the regulation of prisons in Madras, Bombay and Bengal, and these resulted in considerable difference in practices being followed. In 1876, Lord Lytton appointed a third Commission, but not much was done by way of follow-up. Lord Dufferim appointed two officers of experience and their report submitted in 1889 dealt with prison discipline and management in all its aspects. In a follow-up, a general Prisons Act for the whole of British India was passed as Prison Act 1894 (Act IX of 1894). Regulations were issued under it by the Governor General-in-Council and local governments.
Jails were and are even today classified as: 1.Central Prisons 2.District Jails 3.Subsidary Jails 4.Special Jails. Central Jails are used to confine convicted persons of a certain term and higher, these days varying from 7 to 10 years in states. Other convicts and under-trails are kept at district jails. Subsidiary jails are extensions of district jails in the interiors of the country.
The infamous “Kaala Pani” merits mention in jail history in some detail. Transportation as punishment was prescribed by Bengal Regulation 1797. In 1838, Singapore, Penang, Malacca, Tenasserim and Mauritius were being used as transport destinations. This was approved by the Prison Commission of 1838 on the ground of “terror inspired by a distant and unknown land”. By 1903, Port Blair in the Andaman Islands was only a penal settlement. It was first used in 1858 for the prisoners of first war of Indian Independence. In 1863, it was opened to general convicts. According to the Imperial Gazetter of India 1907, in 1902-03, the average convict population was 1,12,182 men and 740 women. It derived its name of “Kaala Pani” because of the deep sea that was traversed to reach this largely un-inhabited island.
Five stages in the life of male convicts
- The first 6 months were spent in the Cellular Jail.
- The next 18 months in association in an ordinary mainland jail.
- The next three years as convict of the third class kept to hard labour by day, and confined in barracks by night.
- Having thus completed five years, the convict was promoted to the second class where he was eligible for various posts in the barrack and jails, and for employment in the convict police or other government service or in the capacity of a servant to a private resident.
- After five more years so spent, a well-behaved convict entered the first class in which he laboured under
more favourable conditions, or was granted a ticket entitling him to support himself with the grant of a plot of land, build a house, maybe call his family or marry a female convict.
And the female convict
- Females were kept separately on intra-mural work for three years and under strict jail discipline.
- Next two years they were subjected to lighter discipline.
- At the end of five years they were allowed to support themselves or marry a male convict.
Punishment for not following jail discipline was reduction to a lower class, withdrawal of indulgences, transfer to a punishment gang or ward with extra hard labour and penal diet, solitary confinement and corporal punishment (in case of males only). Females were liable to have their hair cropped and to wear a refractory dress.
Ordinary male convicts were released if they behaved well, after 20 years. Thugs and professional prisoners were never released. Well-behaved female convicts were released after 15 years and in case of a local marriage, both husband and wife were released at the same time.
The prison scene post Independence
Post 1947, there was a general concern among the local governments about prison reforms mainly because most of the chief ministers and ministers had been in prison during British rule. Most states, especially Uttar Pradesh, started open jails, camp jails and model jails. Convicts were allowed to work for various projects and they camped at the sites. They were engaged in construction of dams and reservoirs, digging of canals, cement factories etc. It may be of interest to note that despite a very large number of prisoners being in camps/tents, escapes were few and criminality zero. The experiment continued for almost two decades and then owing to the disinterest shown by the governments, slowly lapsed. The reports of the A.N. Mulla Committee (1980-83), Justice Krishna Iyer Committee (1986) and Kapoor Committee (1987) may be mentioned here. It also shows that at the national level, no systematic enquiry was made after independence till the 80s. Even now, some experiments are being made by individual officers or ministers, but it is sad that a systematic working has not been implemented.
The challenges today
Presently our prisons are facing multiple problems. Some pressing problems are:
Overcrowding: This is the most serious problem confronting our penal system and has a direct bearing on human health and dignity. Today the capacity of Indian prisons is 3,47,859 but it is holding 4,11,992 persons. This is an overcrowding of 118.4 %. Maximum overcrowding is in Chhattisgarh at 261%, followed by Delhi at 216.8%. However, this does not convey the true picture. In certain jails, the overcrowding is three times or more.
Poor health services: Health services are very poor in jails. Total deaths in 2013 were 1,597, out of which 1,482 were natural and 115 not so. Fifty-five female prisoners died in 2013. A typical spending on health is just 1.5 to 2 percent of prison budget.
Food and clothing: Typically, only about 25 percent of the budget is spent on feeding the prisoners. Very poor and deficient clothing is another serious problem.
Female convicts: Conditions of jails are especially harsh for females. Some women have children who of necessity remain in jail with them. At the end of 2013, there were a total of 1,594 female prisoners with 1,925 children, which shows that many had more than one child with them. Women convicts are often neglected by their families. It is an eye opener to note that in Central Women’s Prison in U.P. (Nari Bandi Niketan) in the year 2007, as many as 81 out of 161 women prisoners were not visited by anyone in that whole year.
What are the policy changes needed?
Soft or harsh, the penal/retributive approach to punishments has not made much difference to criminality in any society. Most European nations now follow a greater liberal approach. India with its tradition of compassion and forgiveness must adopt a better approach. Certain immediate policy imperatives could be:
- Overcrowding should not be allowed.
- Trials have to be expedited.
- Decent clothing in adequate quantity should be provided.
- Number of kitchens must increase to say, one for every 500 inmates.
- Health facilities should be improved.
- Very old persons of say 80 years and above must not be kept in prisons.
- Remissions for good conduct must be given even in cases of NDPS Act.
- Pregnant women or women with children below say seven years of age, should not be kept in jails. Release on probation or domicile much away from scene of offence may be resorted to.
- Imprisonment for life should be replaced by a term of say 25 years to 30 years.
- Fair wages must be paid for prison work.
- Prisoners must be allowed to cast their vote through a postal ballot. It is pertinent to mention that a conference of prison ministers (25 April 2008), had agreed to this.
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Sulkhan Singh
The writer, who is DGP, PTC, Unnao, U.P.,has graduated in civil engineering from University of Roorkee (now IIT Roorkee) and has done a PG diploma in structural engineering from IIT Delhi. Therafter, he joined Indian Railways Service of Engineers (IRSE), which he left in 1980 to join the Indian Police Service (IPS). He headed U.P. prisons from 2008 to 2010, which gave him a totally new and different view of crime, criminals, human rights and civilised society. He also completed his LL.B. from Lucknow University in 2008.[/column]