*

PRISONS AND HUMAN RIGHTS

INTRODUCTION This report is based on the proceedings on the workshops on Prisons and Human Rights organised at Bhopal by the Commonwealth Human Rights Initiative CHRI! in collaboration with the "adhya Pradesh Human Rights Commission "PHRC!# The workshop$ conducted on the %&th and %'th o( )pril *++,$ was attended by representatives (rom the -aw Commission o( India$ the .ational Human Rights Commission o( India .HRC!$ "PHRC$ "adhya Pradesh /tate Commission (or 0omen$ CHRI$ retired and serving o((icers (rom the prisons and police departments$ e12 prisoners and their (amily members$ members (rom .34s$ academicins$ bureaucrats$ 5ournalists and lawyers# The main ob5ective o( the workshop was to sensitise the administration to human rights issues6 suggest mechanisms to monitor prison conditions e((ectively and ensure accountability in respect o( violation o( human rights6 discuss the problems o( prison administration and ways to motivate and develop prison sta((# Inaugurated by "r# 7ustice "#.# 8enkatachaliah$ Chairperson o( the .ational Human Rights Commission$ the workshop was divided into (our sessions with two sessions on each day# The (irst days sessions$ presided over by "r# R#9# 9apoor$ (ormer :irector$ Intelligence Bureau and "r# 7ustice )wasthy$ "ember "P Human Rights Commission$ covered issues pertaining to the modernisation o( prison administration and motivation and development o( prison sta((# The second days sessions$ chaired by 7ustice -eila /eth$ "ember$ -aw Commission o( India$ discussed the sub5ect o( prisoners rights; the need (or transparency and accountability6 and monitoring o( prison conditions# The need (or prison re(orms has come into (ocus during the last (ew decades# The /upreme Court and the High Courts have commented upon the deplorable conditions prevailing inside the prisons$ resulting in violation o( prisoners rights# The problem o( prison administration has been e1amined by numerous e1pert bodies set up by the 3overnment o( India# The most comprehensive e1amination was done by the )ll India 7ail re(orms Committee o( *+,<2,=$ popularly known as the "ulla Committee# The .ational and the /tate Human Rights

% Commission have also$ in their annual reports$ drawn attention to the appalling conditions in the prisons and urged governments to introduce re(orms# Prisoners rights have become an important item in the agenda (or prison re(orms# This is due essentially to the recognition o( two important principles# >irstly$ the prisoner ?is no longer regarded as an ob5ect$ a ward$ or a slave o( the state$ who the law would leave at the prison entrance and who would be condemned to civil death#@ * It is increasingly been recognised that a citiAen does not cease to be a citiAen 5ust because he has become a prisoner# The /upreme Court has made it very clear in many 5udgements that e1cept (or the (act that the compulsion to live in a prison entails by its own (orce the deprivation o( certain rights$ like the right to move (reely or to practice a pro(ession o( ones choice$ a prisoner is otherwise entitled to the basic (reedoms guaranteed by the Constitution# % /econdly$ the convicted persons go to prisons as punishment and not (or punishment# = Prison sentence has to be carried out as per courts orders and no additional punishment can be in(licted by the prison authorities without sanction# Prison authorities have to be$ there(ore$ accountable (or the manner in which they e1ercise their custody over persons in their care$ specially as regards their wide discretionary powers# It is thus the above two themes2 prison administration and prisoners rights2 are brought under (ocus in this workshop# This report summarises the deliberations o( the workshop$ highlighting the important issues which emerged during the deliberations and the important recommendations which were made during the sessions# The report does not present the deliberations in the chronological seBuence in which they were held but groups them under di((erent thematic heads#

:r# 9urt .eudek$ The United Nations in Imprisonment Today and Tomorrow- International Perspectives on Prisoners Rights and Prison Conditions eds#$ :irk van Cyl /mit and >rieder :unkel6 9luwer -aw and Ta1ation Publishers$ :eventer$ .etherlands$ *++*# % Charles /hobra5 vs# /uperintendent$ Tihar 7ail$ )IR *+D,$ /C *&*E = 7on 8agg# Prison /ystem2 ) Comparative /tudy o( )ccountability in Fngland$ >rance$ 3ermany and the .etherlands$ Clarenden Press$ 41(ord *++E

Prisoners Rights The Constitution o( India con(ers a number o( (undamental rights upon citiAens# The Indian /tate is also a signatory to various international instruments o( human rights$ like the Gniversal :eclaration o( Human Rights which states that; ?.o one shall be sub5ect to torture or cruel$ inhuman or degrading treatment o( punishment@ E# )lso important is the Gnited .ations Covenant on Civil and Political Rights which states in part; ?)ll persons deprived o( their liberty shall be treated with humanity and with respect (or the inherent dignity o( the human person@&# There(ore$ both under national as well as international human rights law$ the state is obliged to uphold and ensure observances o( basic human rights# 4ne o( the best tenets o( human rights law is that human rights are inalienable and under no circumstances can any authority take away a persons basic human rights# The (act that this tenet is not sometimes made applicable to prisoners is well documented# There are innumerable 5udgements o( /upreme Court and High Courts$ showing how prisoners rights are violated# The 5udgement highlighted the highly unsatis(actory conditions prevailing inside the prisons and the (ailure o( the prison authorities to provide an environment which is conducive to the maintenance o( prisoners rights$ partly rooted in the belie( that the prisoners do not deserve all the rights and the protections that the constitution provides to all citiAens# Besides being morally wrong and legally invalid$ this belie( does not show adeBuate recognition o( some basic (acts about the prison population# 4ut o( the total population o( %$%'$*&, in the country on *#*#*++D# *$'=$<+% were undertrials# ' Thus D%H o( the prison population is not even convicted o( any crime# /econdly$ even those who are convicts$ a large number o( them are (irst time o((enders involved in technical or minor violations o( law# 8ery (ew are recidivists or hardened criminals# D )lso$ as was observed by the "ulla Committee$ a ma5ority o( the inmates come (rom the ?underprivileged sections o( the society$ as persons with the means and in(luence generally manage to remain beyond the reach o( law even i( they are involved in violation o( law#@,
E &

Gniversal :eclaration o( human Rights$ )rticle &# Gnited .ations International Covenant on Civil and Political Rights$ )rticle *< ' /ource; "inistry o( Home )((airs$ 3overnment o( India D 7 3uha Roy$ Prisons and Society: A St dy o! the Indian "ail System# $ian P %lishing &o se# New 'elhi( )*+* , Report o( the )ll India Committee on 7ail Re(orms$ *+,<2,=

It is against the above backdrop that some important rights o( the prisoners were discussed in a paper presented at the workshop by "s# "arion "acgregor o( the Commonwealth Human Rights Initiative CHRI!#+ The paper provided an outline o( some important rights o( prisoners$ like the Right to ,ive with & man 'ignity# Right to P nishment as Prescri%ed %y ,aw# Right to %e -ree o! -etters or &andc !!s# Right to Comm nication and In!ormation# Right to Co nsel# Right to .rit o! &a%eas Corp s and the Right to Air $rievances# Besides discussing the legal sources o( the rights$ the paper made some suggestions which could prove help(ul in ensuring an element o( transparency and accountability in prison administration# /ome o( the suggestions made in CHRIs paper will be discussed later in this report# Prison Conditions: First Hand The workshop provided a uniBue opportunity to e12prisoners to narrate their e1periences$ and to the delegates to share and learn (rom them about the conditions prevalent behind the prison walls# The (amily members o( e12prisoners$ who also spoke at the workshop$ in(ormed the delegates about the su((erings and hardships (aced by them while coping with the problems o( detention o( their close relatives in the prisons# This session constituted a very important part o( the workshop$ as the e12prisoners and their (amily members gave (airly graphic$ vivid and moving accounts as well as valuable insights into the problems o( those held in custody# The (irst speaker in this session$ "r#3uddu 9oshti$ had been in and out o( prisons on several occasions during the last *, years# He mentioned that he was trans(erred (rom prison to prison throughout the state and once even out o( the state to "aharashtra# This$ he alleged$ was due to his continued protests against the appalling conditions prevailing inside the prisons and against the abuse o( authority by the prison sta((# He spoke o( the atmosphere o( repression e1isting in prisons which discourages the prisoners (rom voicing their grievances and complaints against authority# "r# 9oshti said that the e1treme third degree measures that he had been sub5ected to during the eighteen long years had le(t him (ar too weak physically to earn livelihood through labour$ and that his long terms in prisons had not eBuipped him with vocational skills that would sustain him as a skilled worker# He also
+

Prisoners Rights / Need !or Transparency and Acco nta%ility I CHRIs paper presented at the 0orkshop

& claimed to be a victim o( social stigmatisation which made rehabilitation all the more di((icult# "r# 9oshti complained that those with money$ power and clout are privileged with remission o( sentences$ better (ood$ medical care etc# He alleged that o(ten on payment o( money to members o( sta(($ prisoners are given special diet or admitted to hospital even though they do not have access to these (acilities# "r# 9oshti blamed the "PHRC (or its (ailure to bring about any change in prison conditions and complained that all his petitions have thus (ar been ignored# The second e12prisoner$ "r# Patel$ complained o( over crowding as well as o( poor medical (acilities# He had su((ered due to absence o( adeBuate medical care in the prisons$ which resulted in his losing one eye# He also spoke about the incidence o( lunacy resulting (rom mental strain in prisons# "r# Patel alleged that it was local bosses in the prisons having money or muscle power or political clout$ who were invariably given privileged treatment# The delegates were in(ormed about the compliant system and that prisoners could write to their relatives or (riends or to relevant authorities about their problems# However$ the letter were to be given open to the warder at the weekly parade$ thus suggesting a lack o( privacy which could account (or the loss o( several letters containing complaints o( prisoners# "r# Patel in(ormed the delegates that the system o( monitoring prison conditions was e1tremely ine((ective# In his e1perience$ visitors$ o((icial or non o((icial$ hardly ever came and even i( they did$ their check was merely routine$ while most o( their time was spent chatting with the prison authorities# He also mentioned that there was hardly any legal aid available to prisoners and that lawyers rarely visited the prisons to give legal advice to the prisoners# The ne1t person who spoke was the younger brother o( "r# Patel# He said that he had visited his brother (reBuently in the 5ail during the eight year period# The main problem (aced by him was to avail his visiting rights without bribing prison sta((# )lthough bribes were not openly asked (or$ it was an unspoken rule that the visiting time was in direct proportion to the money that one secretly paid to the warder# 4ne could meet ones relatives without paying bribes$ but the (reBuency would be greatly reduced and the time allowed would be very short# In his

' e1perience$ on payment o( a bigger amount$ one could even go inside and talk to the prisoner (rom the visitor and provides little privacy# He also alleged that o(ten the (ood or some other items sent to the prisoner did not reach the person# "uch o( it was either stolen or consumed by the prison sta((# The last speaker in this section was "rs# "alati "aurya whose husband was convicted and sentenced to the li(e imprisonment# "rs# "aurya e1plained her plight as a woman without (inancial or social support$ while having to support two children and an aging mother2in2law# /he gave instances when she was not allowed to meet her husband and had to pay bribes to various members o( the prison sta((# .ot only was she shown little sympathy but was also humiliated at times by the sta((# "rs# "aurya complained that in spite o( a number o( petitions on her part to stay the trans(er o( her husband to another prison$ he was moved (ar away (rom their home town$ making visits all the more di((icult# "rs# "aurya also cited the instance when her husband was not let out on leave despite his mother being ill and was (inally only granted leave (or the day when she died# The Problems The complaints o( the e12prisoners and their relatives need to be highlighted not as cases o( individual su((ering but as e1amples o( the general systemic malaise that a((ects the prison system$ leading to serious human rights violations# The (ollowing are some o( the important problems o( the prisons and related issues$ having a bearing on prisoners rights$ which were discussed by the workshop# 0vercrowding 4vercrowding in Indian prisons is seen as the root problem that gives birth to a number o( other problems relating to health care$ (ood$ clothing and poor living conditions# "r# 7ustice 8enkatachliah$ while inaugurating the workshop$ re(erred to this problem# He said that the prison population o( about %$%E$<<< in India in relation to the total population o( the country was one o( the lowest in the world# He pointed out that while some 5ails were comparatively empty$ there were others which were overcrowded by about three times the capacity$ though the percentage o( overall overcrowding was about +H# In some o( the prisons inspected by

D 7ustice 8enkatachaliah$ the problem o( overcrowding was so acute that inmates o(ten had to sleep in shi(ts o( =2E hours due to lack o( space# 4vercrowding has also begun to a((ect the attempts o( the prison administration to empower prisoners with skills that would involve them in gain(ul employment a(ter release# These attempts come in (orm o( workshops where prisoners are taught carpentry$ printing$ binding$ doll2making$ typing etc# however$ due to the pressing need (or space$ more and more workshops are being used to house prisoners# In "adhya Pradesh$ currently only *' out o( *%< prisons can a((ord the lu1ury o( maintaining workshops and these are also increasingly coming under threat due to the increasing problem o( overcrowding# )ccording to :r# Hira /ingh$ Consultant$ .HRC$ optimum population capacity o( prisons needs to be assessed and provisions made accordingly# Thus$ no central 5ail should hold more than D&< prisoners and no district 5ail$ more than E<<# However$ it was observed that even though in some cases as in "P$ where more space is being commissioned and larger prisons are being constructed$ the problem o( overcrowding persists# )ccording to a study done by the "P Prison :epartment$ prison population is rising by '#+%H a year# )s per e1pansion plans o( the state government and presuming that all plans are completed$ the total capacity o( the prisons in "P would go up to %<$+=*# )lthough this seems to be a huge growth in capacity terms$ the e1tent o( overcrowding would still be to the tune o( &'#E=H by the year +,2++$ and by the year %<<&2' it would go up to *&*#*,H#*< ) serious and long term solution to the problem o( overcrowding in prisons needs a review o( the (unctioning o( the entire criminal 5ustice system$ including the system o( arrests$ sentencing policies and notions o( crime# The .ational Police Commission had pointed out that '<H o( all arrests were either unnecessary or un5usti(ied#** The police o(ten look upon imprisonment as an easy solution and use preventive sections o( law$ like *&* o( the Criminal Procedure Code indiscriminately# The liberal use o( the power to arrest$ while contributing signi(icantly to the problem o( overcrowding$ leads to increased e1penditure on 5ails# 4ne way to deal with the problem o(

*< **

/ource; Prison HeadBuarters$ "adhya Pradesh# The .ational Police Commission; The Third Report# Chapter 11II# )*+2

, overcrowding is to decriminalise certain o((ences and (ind alternatives to imprisonment$ particularly in petty o((ences and make minor o((ences compoundable# :elay in completing cases is responsible (or overcrowding in 5ails# )n important (actor responsible (or delaying trials is the (ailure o( the agencies to provide security escort to the undertrials to the courts on the dates o( trial hearings# The prison department blames the police (or (ailing to provide adeBuate escort when reBuired# The police$ however$ have their own problems and cite law and order reBuirements and security duties (or 8IPs as having overriding priority in deciding deployment o( manpower# The only solution tot he problem is (or the /tate 3overnment to provide trained manpower e1clusively (or prison departments reBuirement o( escorting prisoners# It was suggested that the armed police sanctioned (or this purpose should always be kept at the disposal o( the prison department# Prisons are also being used as multipurpose institutions$ to house not only those convicted o( crimes but also those who do not need incarceration but medical and psychiatric treatment# )lthough there are many 5udgements o( the higher courts denouncing the use o( prisons as homes (or the mentally ill$ the practice continues to e1ist at some places# Undertrials and ,egal Aid /ome important issues about providing legal aid to the needy and poor were discussed in a paper presented by "r# .#9# 7ain$ "ember /ecretary$ /tate -egal /ervice$ "adhya Pradesh# "r# 7ain mentioned that legal aid was a (undamental right o( an indigent person in the G/) and in G9# In India also$ the /tate is obliged to provide legal aid to the poor$ as the Indian Constitution makes it one o( the :irective Principles o( the /tate Policy to do so# However$ as D<H o( the prison population is illiterate$ lacking an understanding o( their rights$ the poor do not always get the bene(it o( the provisions o( law in this regard# In addition$ though there are panels o( lawyers$ at least in district courts in "adhya Pradesh$ the panels do not have good and e((icient lawyers# "r# 7ain$ in his paper$ made some suggestions to speed up the trial process so that the population o( undertrials is reduced# Though /ection =<+ Cr#P#C# suggests that the trial proceedings should be held as e1peditiously as possible and once the e1amination o(

+ witnesses has begun$ it should be continued on day to day basis till completion o( the case$ this does not happen# "r# 7ain suggested that an amendment should be made in the Cr#P#C# to make it possible (or an undertrial prisoner to plead guilty at any stage o( the trial# It was (urther suggested that the -ok )dalats should deal not only with compoundable cases but also with cases where the accused pleads guilty# He advocated strongly (or the introduction o( the system o( plea bargaining by making necessary amendments in laws# It was$ however (elt by some delegates that some sa(eguards would have to be instituted to minimise the scope (or misuse o( the plea bargaining system# 4ne could always plea bargain (alsely 5ust to avoid being kept in prison as an undertrial# Pro(essor B# B# Pande o( the >aculty o( -aw$ Gniversity o( :elhi$ in(ormed the workshop about the work that was done by him and his students in Tihar 7ail in the (ield o( legal aid# -egal )id consists o( (our essential components# The (irst step is to impart legal literacy with the aim o( spreading awareness amongst prisoners about their rights and obligations and sensitising the prison administration# legal aid must help the prison system in reducing re(orms# The ne1t step is that o( litigation$ where the legal aid workers take up cases o( prisoners in courts and see that 5ustice is done# It would also be necessary to keep identi(ying those who need and deserve legal aid# To make legal aid e((icient and easily available$ Pro(essor Pande stressed to need (or para2legal sta(( to work in prisons with both convicts and undertrials# It was (urther suggested that there should be greater involvement o( -ok )dalats in criminal cases$ which at present is limited# -astly$ constant monitoring o( the prison conditions to identi(y inadeBuacies and shortcomings o( the prison administration and suggest changes in law to bring about the desired re(orms was discussed as essential to the entire system o( legal aid# )s observed by the "ulla Committee$ most prison inmates belong to the economically backwards classes and this could be 2JattributeK2 to their inability to arrange (or the bail bond# -egal aid workers need to help such persons in getting them released either on bail or on personal recognisance# Bail provisions must be interpreted liberally in case o( women prisoners with children$ as children su((er the worst kind o( neglect when the mother is in prison#

*< -imiting the powers o( the police to arrest$ applying the principle o( bail not 5ail in ma5ority o( cases and releasing persons on personal recognisance and adding to the list o( compoundable o((ences would help in reducing overcrowding in 5ails# &ealth Care and 3edical -acilities The problems relating to the health o( prisoners and lack o( adeBuate medical (acilities in Indian prisons received considerable attention in the workshop# 7ustice 8enkatachaliah re(erred to a recent study o( custodial deaths in 5udicial custody done by the .ational Human Rights Commission$ which revealed that a high percentage o( deaths were attributable to the incidence o( tuberculosis amongst prisoners# In recent times$ there has also been a disturbing rise in the percentage o( HI8 positive inmates# /pecial and urgent care is reBuired to look a(ter such cases# :ue to overcrowding$ inmates have to live in e1tremely unhygienic conditions$ with little concern (or health or privacy# 4(ten cells built to house one or two persons now accommodate twice or three times the number# "ost toilets are open$ denying the prisoner his basic right to privacy and human dignity$ and are also dirty# 0ater shortage being the rule than the e1ception the toilets prove to be the ideal breeding grounds (or health haAards and epidemics# 7ustice -eila /eth gave a (irst hand account o( the health (acilities available to prisoners$ based on her e1perience as the chairperson o( the enBuiry committee set up to investigate the death o( Ra5an Pillai in Tihar 7ail# Health care o( the prisoner should be treated as a special responsibility o( the prison administration as the prisoner$ in (act$ is handicapped by the inability to choose the kind o( medical treatment reBuired# There is o(ten little provision (or support and succour (rom (amily or (riends and the prisoner is solely dependent on his custodians to provide him adeBuate medical (acilities# Luite o(ten the prison authorities do not take this responsibility as seriously as they should# "edical checks are routine and complaints o( ill2health are not attended to urgently# 4nce again the systemic problems come to sur(ace# >or e1ample$ the sanctioned strength o( doctors and para2medical sta(( in many prisons is much less than what is reBuired# )s "r# 3#9# )garwal$ )dditional Inspector 3eneral Prisons!$ "adhya Pradesh$ in(ormed$ the

** 7abalpur 7ail in "#P# was sanctioned a strength o( three doctors way back in *+&' when the number o( inmates in that prison was only &&< to '<<# Though the prison population now is about E<<<$ the number o( doctors remains the same# Fven this limited strength is not always available as there are invariably a large number o( vacancies in the posts o( doctors in most prisons# 7ustice -eila /eth observed that even in a high pro(ile 5ail like Tihar$ in *++&$ out o( the seventeen sanctioned posts o( medical o((icers$ only si1 were occupied# 4( these si1$ two were always on leave# There(ore$ (or a prison population o( +<<< inmates$ only (our medical o((icers were available$ o( which = worked during the day and one at night# .on2availability o( adeBuate medical (acilities (or prisoners is largely due to the lack o( (ull time doctors as well as lack o( basic in(rastructure$ like well eBuipped ambulances$ stretchers$ dispensaries$ hospital beds etc# sometimes$ the prisoner may need e1pert and urgent medical attention which is not available within the 5ail premises# Transporting the sick prisoner out in the absence o( vehicles and escort in districts sometimes poses a problem# >or e1ample$ "r# 7#"# Bhagat$ "ember$ "adhya Pradesh Human Rights Commission$ narrated the instance o( a prisoner in the Rewa 5ail$ who lost an eye because the cataract could not be diagnosed and attended to in time# /ometimes$ when the cells are closed$ the warder who has the keys to the cells is not available$ as a result o( which Buick medical aid is not possible in case o( an emergency# 7ustice /eth Buoted an instance where the doctor was reBuired to administer in5ections through the bars as they could not have the cell opened# Thus in many cases$ besides lack o( resources$ it is the e1istence o( a dehumanised system in the prison which contributes to the problem# It is$ there(ore$ important to humanise the relationship between the prisoner and the prison sta(( so that the latter are sensitised to the needs o( the prisoners and regard themselves as the caretakers o( the inmates# The "ulaiAha$ which is the (irst medical e1amination o( the individual when he is admitted to the prison$ is generally regarded as a mere routine and done per(unctorily# 7ustice /eth suggested that the "ulaiAha should be detailed and thorough$ involving check up o( all known and unknown ailments# This is essential as the ma5ority o( the prisoners who come (rom economically disadvantaged backgrounds rarely have complete knowledge o( their ailments# 7ustice 8enkatachaliah$ in his inaugural address$ in(ormed the workshop that the .HRC was evolving a comprehensive (ormat (or the initial medical e1amination o( the prisoners#

*% :rug addiction is on the increase in prisons and in many cases leads to other diseases$ such as )I:/ and Tuberculosis# The ne1us between drugs and crime is getting stronger day by day# "r# /ankar /en$ :irector 3eneral Investigations!$ .ational Human Rights Commission$ said that there was evidence that large drug gangs recruited inmates (rom prisons to increase the use o( drugs# There e1ist$ according to :r# Hira /ingh$ =<$<<< drug addicts in Indian 5ails# The rise in incidence o( drug abuse could be related to the rise in corruption and the easy access that miscreants outside may have to inmates# ) care(ul monitoring is needed alongwith adeBuately eBuipped drug de2addiction centres# 7ustice /eth spoke about )ashiyana$ a drug de2addiction centre in Tihar 7ail# However )ashiyana too has started (acing the problem o( overcrowding# There is$ there(ore$ an urgent need to get as much aid as possible (rom civil society and .34s# .34s should be encouraged to work inside the prisons and their e((orts should be supported and supplemented by those o( prison administration# Besides su((ering (rom physical ailments$ the prisoner also undergoes considerable stress and trauma during his stay in prison# Imprisonment is o(ten accompanied with depression and a (eeling o( isolation and neglect# It was there(ore (elt that active counselling must be made available to the prisoners to overcome these problems# Counselling should aim not merely at providing temporary relie( by pulling them out o( their depression$ but at instilling hope and a sense o( purpose in them and by eBuipping them with skills that may prove use(ul upon release# 7ustice /eth suggested the need (or a thorough overhauling o( the arrangements in prisons to provide medical care and (acilities# "ost prisons are not eBuipped with an e((ective communication system that would in(orm the concerned authorities in case o( a medical emergency# Besides establishing such a system$ inmates must be thoroughly brie(ed about how to seek medical aid in case o( emergency# .omen Prisoners The workshop discussed the need to sensitise the prison administration to gender issues and speci(ic needs o( women prisoners# "r# Bhagat in(ormed the workshop that during inspection o( several 5ails$ it was (ound by the "#P#H#R#C# that a large number o( women prisoners were detained in 5ails as undertrials (or a long time# 0omen$ due to their ignorance$ are not even

*= getting the bene(it o( proviso to /ection E=D Cr#P#C$ according to which they can be released on bail even in non2bailable cases# on bail# -ittle has been done to attend to the special needs o( women inside the prisons# To give one e1ample$ the "ulla Committee report o( *+,= had recommended that ?at every prison where there is a su((iciently large number o( women prisoners$ say$ %& or above!$ a (ull time lady o((icer should be appointed# )t other prisons arrangement should be made (or part time lady medical o((icers#@*% There are *%< prisons in "adhya Pradesh and none o( them has provided (or a lady doctor (or women prisoners$ leave alone providing e1tra medical (acilities to pregnant women#*= 7ustice /eth suggested that women should be allowed to return to their (amilies (or delivery$ as that time they need special support and care which they cannot get in prisons# Then there is the problem o( rehabilitation# 0omen su((er (rom a low social and economic status within their own (amilies and (ind it harder to get back into society upon release than men# It was suggested that such destitute women should be eBuipped with vocational skills and protective homes to be established to provide shelter to them a(ter release# "r# 7#"# Bhagat mentioned in his paper*E that a ma5ority o( women detained in sa(e custody are not the standard criminal o((enders but those who have escaped (rom a repressive environment o( their homes$ brothels or criminal gangs# He suggested that (emale prisoners should be imparted prison education and training programmes$ irrespective o( their status as convicts or undertrials$ to enable them to (ace the world a(ter release# Classi!ication o! Prisoners The rationale behind the e1isting system o( classi(ication o( prisoners came up (or discussion in the workshop# It was considered essential to prevent undertrials$ (irst timers and casual prisoners (rom being in(luenced$ bullied and abused by the (ew but dominant hard core criminals in prison# It was observed that 5uveniles or young o((enders$ who are housed with
*% *=

The Commission has now insisted on the prison

authorities to take up the cases o( women undertrials with courts so that they can be released

Report o! the All India "ail Committee# )*+2-+4 /ource; The Prison :epartment$ "adhya Pradesh *E Prisoners Rights# incl ding .omens Rights I ) paper presented in the workshop

*E other hardened criminals$ o(ten come out o( prison only to commit (ar more serious crimes than they had done earlier# )t present$ prisoners in Indian 5ails are classi(ied into di((erent classes not on the basis to their criminal record but according to their social$ economic and educational background# This$ in (act$ is a legacy o( our colonial past which we have not shed# It is in this connection that a re(erence was made in the workshop to the report o( 7ustice /antosh :uggal Committee appointed by the -t# 3overnor o( :elhi# This Committee was appointed on the orders o( the /upreme Court in a civil writ petition in which the e1isting system o( classi(ication was challenged# The Committee$ in its report$ mentioned that the e1isting system o( classi(ication$ based on criteria$ like social status$ education$ habit$ mode o( living etc# was repugnant to the concept o( eBuality propounded by )rticle *E o( the Constitution o( India and should be abolished# The broad criteria (or segregation o( prisoners$ according to the Committee$ should include Convicts$ Gndertrials$ )ge$ .ature o( Crime$ Previous History whether habitual or casual!$ Prison Term$ 9ind o( /entences$ .ationality$ Civil Prisoners$ :etenues$ /ecurity ReBuirements$ :isciplinary or )dministrative reBuirements$ Correctional Fducational or "edical .eeds# The recommendations made by the Committee about classi(ication o( prisoners have been accepted by the :elhi )dministration# The workshop (elt that these recommendations merited implementation by prison administrators across the country# The /tate 3overnments should be persuaded to implement the recommendations# The Commonwealth Human Rights Initiative has already circulated the recommendation to all /tates and Gnion Territories# Prison Administration The workshop acknowledged that protection and promotion o( human rights in prisons was linked to the service and working conditions o( the prison sta(($ though it was also stressed that the poor working conditions could not be regarded as an e1cuse (or violation o( prisoners rights# Prison Sta!!-.or5ing and Service Conditions

*& Central to the prison administration is the problem o( demoralisation and lack o( motivation o( the prison sta(( that was reiterated by most participants in the workshop$ particularly those belonging to the prison department# It was pointed out that the conditions in which the lower echelons o( the prison sta(( lived were in some cases worse than those o( the prisoners# This was seen as an important (actor contributing to the poor (unctioning o( the prisons$ apathy o( the prison sta(( towards the plight o( the prisoners$ corruption and the over all deprivation o( the prisoners o( their basic amenities# /uch substandard conditions o( service produce a culture o( (rustration and dehumanisation in the service which o(ten spills over and gets translated into aggression on prisoners# )s e1pressed by members o( the prison sta(( and acknowledged by other delegates$ the conditions o( work create an environment that discourages initiative$ leadership Bualities and enlightened rights based approach# "r# )ivalli$ )dditional :3 Prisons o( 7ammu and 9ashmir pointed out *& that the prison administration has basically three levels I the management level :3MI3M:I3 etc#!6 the supervisory level the /uperintendentsM:eputy or )sst /uperintendentM 7ailers etc#!6 and the grassroots level Head 0ardenM0ardens etc#!# The o((icers at management level$ ma5ority o( whom are on deputation (rom the police service$ consider this as a punishment posting and are generally too demoralised to contribute signi(icantly to the building up o( the department# "ost o( them are merely time servers# The supervisory level$ consisting o( sta(( belonging to the prison service$ too is demoralised because o( poor service conditions$ lack o( career opportunities and low public esteem# )t the grassroots level$ the department has people who remain inside the prison walls$ interacting with prisoners most o( the time# This (actor$ combined with their pathetic service conditions$ has the e((ect o( dehumanising them# /ome o( them develop vested interests and 5oin hands with criminals# "r# )ivalli suggested drastic changes in the organisational structure$ control and service conditions o( the prison department# The package suggested by him would reBuire a! having a common cadre (or prison and (ire services at grassroots level$ with rotational cycle o( postings to be e((ected a(ter putting them through re(resher courses6 b! providing a pro(essional and better supervisory level by prescribing higher Buali(ications with better emoluments and status6 and c! having a 5udicious and humane management level by having 5udicial o((icers at the helm o( a((airs and placing the administrative control o( the prison department with the /tate High Courts# It was (elt that the suggestions at a! and c! would not be acceptable#
*&

Prison Administration I ) paper presented by "r# 8eeranna )ivalli$ )dditional :3P$ Prisons and >ire /ervices$ 3overnment o( 7N9 in the workshop

*'

"r# )garwal was o( the opinion that the prison administration was not able to recruit and retain competent people due to its unattractive service conditions and lack o( recognition by the government and the public o( the needs o( the department# It was suggested by him that the recommendation to set up an )ll India Prisons /ervice made earlier by :r# 0#C# Reckless$ an G. e1pert$ who was invited by the 3overnment o( India to study prison problems in the country *+&*2&%! and other recommendations contained in the reports o( the )ll India 7ail "anual Committee *+&D2&,!$ the 0orking 3roup on Prisons *+D*2D%!$ the "ulla Committee *+,<2*+,=! and by the 9apoor Committee *+,,! should be implemented by the Central 3overnment#*' "r# )garwal (urther pointed out that most prisons su((er (rom severe under sta((ing# He indicated the need (or other in(rastructure related posts$ like those o( engineers who could aid in making living and sanitary conditions more com(ortable (or inmates and thus lessen the load on the prison sta((# He said that support was reBuired (rom departments like the P0: or the Health department to ensure the smooth running o( prisons# ) conscious policy towards the induction o( women in the prison administration is necessary to bring about a gender balance and sensitivity within the system# This could create a more tolerant culture towards marginal and weaker sections within prison walls# The workshop generated some debate regarding the post o( convict warders which the new Prison Bill dra(ted by the .HRC seeks to abolish# This post is occupied by convicts$ who$ on the basis o( their good conduct$ are given charge o( certain duties that would normally have been undertaken by the warders# This$ according to the prison sta(($ not only works as an incentive to the prisoner who is entitled to remission o( sentence as a holder o( the post$ but also helps lessen the work load o( the prison sta((# The prison department is constantly short o( manpower and the system o( appointing convicts as warders does prove help(ul in meeting the shortage o( manpower at the grassroots level# This viewpoint e1pressed mostly by the prison sta(( was challenged by others in the workshop# It was pointed out that the system was being misused and the convict warders were generally working as touts o( prison authorities$ misusing their positions to terrorise other prisoners and thus commit gross human rights violations# "r# Hira /ingh vehemently opposed the retention o( the system#
*'

Role o! Prison Personnel and their Pro%lems I ) Paper presented in the workshop by "r# 3#9# )garwal$ )dditional I3 Prisons!$ "P

*D

Issues o( remuneration and promotion opportunities o( the prison sta(( were discussed# The prison services$ especially in the lower ranks$ are mostly poorly paid and least glamorous o( all state public services# 8ery (ew come into the prison services voluntarily and (ewer still would recommend it to others# The (eeling in the ranks was that the government as well as the public at large was totally apathetic towards them# Prison o((icers complained that the only attention they received (rom the public was negative and their per(ormance was hardly ever appreciated or encouraged# The deplorable service conditions are made worse by the near complete absence o( vertical mobility in the department$ especially (or the lower or middle order ranks# 7ail o((icials are known to occupy the same post (or twenty (ive to thirty years which is o(ten the cause (or lack o( motivation# In a paper*D circulated in the workshop$ 7ustice )wasthy$ "ember$ "#P# Human Rights Commission made a strong plea (or improvement in the remuneration and promotion prospects (or di((erent ranks in the prison department# It was suggested that the pay2scales o( 5ail2employees should be similar to those sanctioned (or eBuivalent ranks in the police department# This recommendation had been made earlier by the 9apoor Committee too# The posts o( .aib2Tahsildars$ /ub2Inspectors o( Co2operative /ocietiesMF1cise :epartment and )ssistant 7ailers are kept at par (or selection by the "#P# Public /ervice Commission# Though the academic Buali(ications prescribed (or the e1amination are the same and selection is done through a common e1amination$ yet the 3overnment in the very beginning downgrades the posts o( the prison department by prescribing lower scales o( pay (or the posts o( )ssistant 7ailer# 0hile the pay2scale (or other posts is Rs# *E<<2%=E<$ the one (or )ssistant 7ailer is Rs# *=%<2%=E<# ConseBuently$ the prison department (igures very low in the priority o( the aspiring candidates# 7ustice )wasthy also made a plea (or improving the promotion prospects o( the people who 5oin at this rank by creating additional posts at the level o( :eputy 7ailer# ) presentation on the grievances o( the lower supervisory order ranks in the prison department was made by "r# 8#9# /harma$ )ssistant 7ailer$ Rewa 7ail# He pointed out that an )ssistant 7ailer is promoted to the post o( :eputy 7ailer a(ter %<2%% years o( service# By that
*D

3otivating and 'eveloping Prison Sta!!6 "r# 7ustice / )wasthy$ "ember$ "P Human Rights Commission

*, time$ his basic remuneration increases to Rs# %<<<$ while those in the other services recruited through the same e1amination by the /tate Public /ervice Commission have had at least two promotions# 4nce an )ssistant 7ailer is promoted to the post o( :eputy 7ailer he would be$ on an average$ &< years o( age# )s each promotion reBuires at least (ive years e1perience in a given post$ by the time this reBuirement is (ul(illed$ the :eputy 7ailer is o(ten close to retirement age# The problem$ according to "r# /harma$ is that a(ter Independence$ unlike other service like the police$ (ew posts have been added to the prison hierarchy# The service conditions are worse at the lower rungs# The "P prisons department has a number o( 0arders who have not been given any promotion (or the last twenty (ive years# )s a 0arder present at the workshop complained$ a(ter (ive years o( good conduct$ prisoners get promoted to the level o( convict warders and are given incentives like remission$ while 0arders a(ter %& years o( service continue to remain where they were# Training F1pressing serious concern over the e1tent o( dehumanisation amongst prison sta(($ "r# 7ustice 8enkatachaliah underlined the need (or periodic counselling and training o( prison sta((# There was a general (eeling amongst the delegates in the workshop that training o( the prison sta(( had been completely neglected by the prison department# 8ery (ew /tatesMGnion Territories have set up institutions e1clusively (or the training o( prison sta((# ) state as large as "adhya Pradesh$ with a substantial prison population$ does not have a single training institute (or its prison o((icers# The o((icials are being sent to -ucknow (or training purposes# "any o( the prison sta(( (rom "adhya Pradesh present in the workshop seemed unsure o( the nature and scope o( training provided even in the -ucknow training institute$ thus indicating their minimal e1posure to and awareness o( the e1istence o( training (acilities that could be available to them# )ccording to "r# )ivalli$ there was no speci(ied training institute (ir prison sta(( till last year in 7ammu and 9ashmir# )ccording to "r# /ankar /en$ :irector 3eneral$ Investigations!$ .HRC$ wherever training is available$ it is in the hands o( those members o( the police and prisons sta(( who are (ound redundant (or active service and are trans(erred to the training department# Postings in training institutions are considered a sign o( punishment# This is most un(ortunate as training$

*+ which is such an important (unction$ is placed in charge o( those who have neither the reBuired aptitude nor the competence (or the 5ob thrust on them# )ll this needs to be changed and training o( prison sta(( needs to be assigned to those who have the reBuired vision and understanding o( the prison problems# The workshop suggested that the /tate 3overnments should be persuaded to establish training institutions e1clusively (or the basic as well as in2service training o( the prison sta((# It was (elt that human rights needed to be central to all training programmes# The .HRC and the /tate Human Rights Commission should ensure that the human rights component is made central to all prison training modules adopted and implemented by the prison training institutions# Acco nta%ility )s we have seen in the earlier sections$ the deplorable service conditions o( the prison sta(( and their lack o( motivation and sel( esteem seem to logically e1tend into a culture that encourages corruption and malpractices# It was recognised in the workshop that the problem o( corruption in the prison administration was ine1tricably linked to the violations o( human rights o( prisoners# Besides improving the service and working conditions o( the prison sta(($ what is needed is the introduction o( mechanisms that would ensure an element o( transparency and accountability in the prison administration# The need (or accountability was e1pressed by several delegates at the workshop# "r# 9apoor suggested that giving access to media and civil society via the involvement o( non2governmental organisations would be one way o( ensuring higher level o( accountability and transparency ion the prison system# "r# )ivalli (elt that the international and national attention (ocused on human rights conditions in 7ammu and 9ashmir worked as a catalyst to introduce re(orms in the state prison conditions# The paper presented by CHRI places stress on the need to educate prisoners about their rights#*, 8iolations in many cases occur because o( lack o( awareness on the part o( prisoners about what they are entitled to# Fducating them about their rights would have the e((ect o(
*,

Prisoners Rights: Need !or Transparency and Acco nta%ility I ) Paper presented in the workshop by "s# "arion "acgregor o( the CHRI

%< empowering them# It was suggested that a "anual$ e1plaining to the prisoners their rights and obligations$ procedure (or lodging complaints$ the conduct that is e1pected o( 5ail administration etc# should be prepared in simple language (or prisoners bene(it# In (act$ such a "anual would bene(it the 5ail administration also by providing them clear guidelines in important areas o( their work# The "anual should be supplemented by the e((orts o( the .34s to do legal literacy work amongst prisoners# The system o( prison visitors could provide an e((ective mechanism to monitor prison conditions provided it worked viably# There was a general consensus in the workshop that the system was not (unctioning e((ectively in most places# Fither the Boards o( 8isitors have not been constituted and at places where they e1ist$ they seldom visit prisoners# The e12o((icio visitors also do not take their responsibility o( visiting prisons$ ascertaining prisoners grievances and providing redress seriously# It was suggested that the visitors should be chosen (rom amongst those who have an interest in prisons and knowledge o( how they should be chosen (rom amongst those who have an interest in prisons and knowledge o( how they should be run# These could be members o( the media$ social workers$ 5urists$ retired public servants etc# )nother pre2reBuisite to ensuring accountability is to establish an e((ective complaint system that would encourage prisoners to complain against systemic and other (ailures within the prison system without (ear o( retribution# 4nce a complaint is made$ there should be a Buick and impartial enBuiry (ollowed by providing redress i( the complaint is (ound to be true# .o attempt should be made to suppress wrongdoing and anyone (ound guilty o( abusing his authority must be suitably dealt with# I( appropriate disciplinary action is taken$ not only does the prisoner (eel that his or her rights have been upheld but it also sends a warning to other sta(( that poor conduct will not be tolerated# The workshop (elt that an e((ective accountability mechanism would bene(it not only the prisoners but also the prison administration# )n open system would help the public target their anger or disappointment at the root o( the problem# It would bring the problems out in the open and the public may realise that in many cases the prison sta(( may not be responsible (or what ails the prison department# 7ustice 8enkatachaliah e1pressed the view that opening the prisons to civil society would be o( great help in ensuring transparency and accountability in the prison administration#

%*

Implementation It was (elt in the workshop that though prison problems had been e1amined by many e1pert Committees and that the /upreme Court and High Courts had on many occasions passed 5udgements$ indicating inadeBuacies and de(iciencies in di((erent areas o( prison work and administration$ a comprehensive programme o( re(orms was yet to start# The recommendations contained in the reports and 5udgements had remained mostly unimplemented# )n important (actor responsible (or lack o( (ollow2up action has been the absence o( political will$ leading (inally to bureaucratic apathy towards the reBuirements o( prison administration# This apathy is re(lected in the scarcity o( (unds spared by the 3overnments out o( their annual budgets (or prison administration# )s was shown in CHRIs paper presented by "s# "arian$ the percentage o( (unds allocated (or prison administration out o( the budgets o( the Gnion and /tate 3overnments has shown a consistently declining trend$ even though there has been some increase in absolute e1penditure on prisons# )n opinion was e1pressed in the workshop that this lack o( political will was due to the (act that the prisoners did not constitute an important constituency (or the politicians$ as they have no right to vote# The workshop$ there(ore$ recommended that the e1isting laws and arrangements should be reviewed so that the prisoners could e1ercise the right to vote$ like any other citiAen# The need to evolve a mechanism to ensure (ollow2up action on the recommendations o( the committees$ con(erences and workshops and on 5udgements o( courts was also discussed in the workshop# This would reBuire monitoring and it was (elt that the .ational and /tate Human Rights Commissions could play an active and prominent role in monitoring prison conditions and ensuring action by the concerned authorities to introduce re(orms# The New Prisons Bill The new Prisons Bill dra(ted by the .HRC called the Prisons )dministration and Treatment o( Prisoners! Bill$ *++, was brought up (or discussion in a paper presented by "s# Catherine

%% Pierce o( CHRI#*+ The Bill was prepared by the .HRC earlier this year in response to calls (or penal re(orm (rom various committees and more recently (rom the /upreme Court# The e1isting legislation$ the Prison )ct o( *,+E$ was (ormulated when the country was under the colonial rule# It has been criticised as being an outdated piece o( legislation$ which was not in keeping with the modern view o( prisons as places o( rehabilitation rather than retribution# In the recent case Ramam rthy v( State o! 6arnata5a *++D! % /CC 'E%$ the /upreme Court stated that ?Othe century old Indian Prison )ct$ *,+E needs a thorough look and is reBuired to be replaced by a new enactment which would take care o( the thinking o( Independent India and our constitutional mores and mandate#@ The paper (ocused on certain key issues$ like the e((icacy o( the supervisory mechanisms$ which the Bill proposes to establish as a means o( sa(eguarding prisoners rights# )n important monitoring mechanism is the system o( prison visitors# 8arious courts as well as the .HRC have severely criticised the working o( this system# The new Bill lacks provisions which would strengthen the system o( visitors# Gnlike the *,+E )ct$ the new Bill does not set out the duties and mandate o( prison visitors# I( the system is to be e((ective$ the visitors should be mandated to e1amine all aspects o( prison li(e and not be restricted to a number o( de(ined issues$ as the new Bill does# The non2o((icial visitors$ according to the Bill$ are to be appointed by the Inspector 3eneral o( Prisons# )(ter visiting the prisons$ they are then reBuired to report back to the Inspector 3eneral# This provision thus marks a retrograde step in terms o( ensuring the impartiality and independence o( visitors# There is no scope (or e1ternal oversight o( the prison administration# It was (elt that the .ational and /tate Human Rights Commissions should be given the mandate to appoint visitors who should then report back to the commissions and also make their report public through the active and e((ective use o( the media# :elegates at the workshop$ including "r# /ankar /en and "r# )ivalli$ (elt that opening the prisons to civil society organisations would lead to greater transparency and accountability in the prison administration# The new Bill must incorporate some provisions to institutionalise such arrangements#
*+

:iscussion Paper on the Prisons )dministration and Treatment o( Prisoners! Bill$ *++, by "s# Catherine Pierce$ Researcher$ CHRI

%=

The new Bill establishes in Chapter I8 the right o( the prisoner to appeal to the prison authorities (or any lapse in the provision o( basic amenities and (acilities$ arbitrary punishment or any other matter considered legitimate# The Bill (ails to provide (or an impartial body independent o( the prison administration to hear prisoners complaints# /ome delegates$ particularly those (rom the prison department$ (elt that the .HRC should invite representatives o( prison departments (rom the states to discuss their needs and concerns# This would help in widening the debate on prison re(orms$ besides making the new law re(lect the accumulated practical wisdom o( persons working in the (ield# Re ommendations The workshop made several recommendations which have been stated at di((erent places in the report# To avoid repetition$ we have not reproduced the recommendations (rom the above te1t# However$ to provide a birds eye view o( the ground covered by the workshop$ a summary o( the recommendations in a capsule (orm is provided under di((erent heads; 0vercrowding 4ptimum capacity o( prisons needs to be assessed# Central 7ails should not house more than D&< inmates and district 5ails not mare than E<<# Certain o((ences should be decriminalised and alternatives to imprisonment should be designed to deal with such cases# /ome more o((ences should be added to the list o( compoundable o((ences prescribed in law# Gnnecessary and indiscriminate arrests should be avoided by police personnel# /ome )rmed Police should be raised e1clusively (or the Prison department and kept at their disposal# )lternative care homes (or non criminal mentally ill persons should be built#

Undertrials and ,egal Aid

%E )n )mendment should be made in the Cr#P#C# to enable an undertrial prisoner to plead guilty at any stage o( the trial# -ok )dalats should deal not only with compoundable cases but also with cases where the accused pleads guilty# The scope o( work o( -ok )dalats in criminal cases should be increased# The plea bargaining system may be considered (or introduction a(ter adopting necessary sa(eguards# -egal aid workers should make greater use o( the 5udgement o( the /upreme Court in Common Ca se v( Union o! India *++'! E /CC == and approach the courts to get more persons released (rom 5ails# -egal literacy drives should be launched with the aim not only o( sensitising the prison administration but also o( spreading awareness amongst prisoners about their rights and obligations# It is necessary to keep identi(ying those who need and deserve legal aid# -egal aid workers must identi(y such prisoners and educate them about their right to legal aid# -egal aid workers must help in getting the undertrials released on bail and on personal recognisance# Para legal sta(( should be utilised to work in prisons and provide the reBuired legal aid to prisoners# -egal aid workers must constantly monitor prison conditions and suggest changes in law to bring about the desired re(orms#

%& &ealth Care and 3edical -acilities It is necessary to review the strength o( doctors sanctioned (or prisons and ensure the availability o( adeBuate medical (acilities (or prisoners and prison sta((# )rrangements must be made to look a(ter the special reBuirements o( women prisoners# )t least one woman medical o((icer must be available at times to attend to women prisoners# The (irst medical e1amination o( the prisoner$ done at the time o( his entry into the prison$ must be thorough# :etailed in(ormation about various aliments$ including past medical history$ must be collected and (aith(ully recorded# )deBuate in(rastructural health care (acilities$ like well eBuipped ambulances$ stretchers$ dispensaries$ hospital beds etc# should be made available to the prison administration# /uitable arrangements should be made to provide psychiatric counselling to those su((ering (rom chronic depression$ particularly to women prisoners# There should be a clearly de(ined system o( responsibilities o( the prison sta(( in case o( a medical emergency$ which should be made known to prisoners through a chart or pamphlet# .34s help should be enlisted in dealing with drug addicts and in establishing drug de2addiction centres# .omen Prisoners Programmes should be implemented to sensitise the prison administration on gender issues and the special needs o( women prisoners# Besides special (acilities (or pregnant women$ arrangements should be made to allow women to go back to their (amilies (or post natal care# It is necessary to take special care to rehabilitate women prisoners$ as it is harder (or them to (ind acceptance in civil society upon release than men# Thus women should be specially eBuipped with vocational skills to empower them on their return to society# )rrangements should be made (or women to reside in special homes i( they (ind it di((icult to get accepted in society a(ter release#

%'

Classi!ication o! Prisoners Classi(ication o( prisoners on the lines o( education$ income ta1 status or socio2 economic background should be abolished and it should be done on the lines suggested in the 7ustice /antosh :uggal Committee Report# Implementation ) mechanism should be evolved to monitor and ensure the implementation o( various recommendations made by di((erent e1pert committees$ courts and workshops (rom time to time# The .HRC and the /tate Human Rights Commissions could take up this work and ensure that (ollow2up action is taken to implement the recommendations# F1isting laws and arrangements should be reviewed so that prisoners could e1ercise their right to vote# Prison Sta!! The recommendations made earlier by many e1pert groups that there should be an )ll India Prison and Correctional /ervice should be considered by the Central 3overnment# "ost prisons su((er (rom shortage o( manpower# The /tate 3overnments should periodically review the reBuirements o( di((erent types o( sta(( reBuired$ including medical$ and take steps to remove the shortage# There is considerable stagnation amongst di((erent ranks in the prison department due to lack o( promotion opportunities# The governments should carry out a cadre review and create additional opportunities (or promotion (or di((erent ranks based on a work study# The posts o( convict warders should be abolished and an eBuivalent number o( regular number o( regular posts should be created to meet the reBuirements o( manpower# ) conscious policy towards the induction o( more women in the prison administration is necessary to bring about gender balance and sensitivity within the system#

%D The pay2scales o( lower ranks in the prison department need to be reviewed# The /tate 3overnments should not downgrade the posts o( the prison department by prescribing lower pay scales (or them as compared to the posts o( the other departments$ particularly when the recruitment to these posts is done by the /tate Public /ervice Commission on the basis o( a combined recruitment test# The /tate 3overnment may consider establishing parity in the pay scales o( lower ranks in the prison department with those in the police department a(ter doing an analysis o( 5ob responsibilities o( the selected ranks in the two departments# Training It is necessary to organise periodic training programmes and re(resher courses (or all levels in the prison administration# )ll /tate 3overnments should establish training institutions e1clusively (or the basic as well as in2service training o( the prison sta((# The .HRC and the /tate Human Rights Commissions should ensure that the human rights component is made central to all training modules adopted and implemented by the prison training institutions# The training o( prison sta(( must be made the responsibility o( those who are pro(essionally competent and who have the reBuired aptitude to bring about re(orms# Acco nta%ility ) "anual$ e1plaining to the prisoners their rights and obligations$ procedure (or lodging complaints$ the conduct that is e1pected o( 5ail administration etc#$ should be prepared in simple language (or prisoners bene(it# The "anual should be supplemented by the e((orts o( the .34s to do legal literacy work amongst prisoners# The system o( visitors should be made viable to (unction as an e((ective monitoring mechanism# The visitors should be chosen (rom amongst those who have an interest in prisons and knowledge o( how they should be run# )ppointment o( visitors should be done on the advice o( the /tate Human Rights Commission# The criteria (or selection should be made known to the public#

%, )n e((ective complaint system should be established which would encourage the prisoners to lodge complaints without (ear o( retribution# The complaints should be enBuired into (ully and impartially and strict action should be taken against the persons (ound guilty# .o attempt should be made to suppress wrong doing by any member o( the prison sta((# Prisons should be opened to civil society organisations as this would help in ensuring transparency and accountability in the prison administration# New Prisons 7ill The new Prisons Bill dra(ted by the .HRC must incorporate e((ective sa(eguards against violations o( prisoners rights and establish mechanisms to ensure accountability o( the prison sta(( (or violations# The new Bill does not set out the duties and mandate o( the prison visitors# The visitors should be mandated to e1amine all aspects o( prison li(e and not restricted to some de(ined issues$ as the new Bill does# The .ational and /tate Human Rights Commissions should be given the mandate to appoint prison visitors who should then report back to the Commissions$ heads o( the prison department and make their report public through e((ective use o( mass media# The Bills (ails to provide (or an impartial body independent o( the prison administration to hear prisoners complaints# This lacuna should be removed and the new law must institutionalise arrangements (or outside oversight o( investigations into prisoners complaints# The .HRC should invite a wider public debate on the Bill and also call representatives (rom the /tate Prison :epartments to give their views so that the new law re(lects the practical wisdom o( persons working in the (ield#