By Khushi Sheoran
Abstract
It is a popular saying in most courts that if a Judge continuously denies bail or gives harsh punishments, they must be sent for a prison visit. After the Judge comes back, they will surely be more lenient in their verdicts because of the inhumane conditions that the prisoners live in.
Many issues come to my mind concerning the prevailing problems in Indian prisons – overcrowding, keeping under trial prisoners with convicted ones, hygiene problems especially for women prisoners, sexual harassment, deprivation of conjugal rights and lack of childcare facilities for women prisoners. There might be many others of them but these are some interconnected problems in my view and I will try to draw a nexus between them through this article.
INTRODUCTION
In 2022, Punjab became the first state in India to provide Conjugal rights in its prisons and, so far, the only Indian state to do so. In the same year, the Central Prison of Bengaluru was adjudged the best prison in India because of its outstanding performance on the parameters of hygiene, security, food, and livelihood of prisoners. It is the first Indian prison to have a “4-star rating”. In the early 1990s, India’s first female IPS officer, Ms. Kiran Bedi, also made several reforms for prisoners in Tihar Jail, which will be further discussed. All this points out several steps being taken for the well-being of prisoners in different parts of India but sadly the effect is not uniform across all of India. The recent India Justice Report is a testimony to the overcrowding of jails with U.P. and Uttarakhand Jails at an alarming 185% occupancy. Through this article, I intend to analyse the prevalent problems in Indian prisons and then suggest plausible reforms for the same.
PROBLEMS IN INDIAN PRISONS
One of the pertinent issues for prisoners in India, apart from overcrowding, hygiene, safety, and security, is the rising number of undertrial prisoners in jails and the undertrial prisoners who are kept with convicted prisoners. Data from the National Crime Records Bureau Report 2022 shows that 77.1% of prisoners were undertrial. This is an immensely shocking number, but it also seems justified considering the huge amount of pending cases in India.
When talking about the condition of undertrial prisoners in India, I would like to refer to the popular report by Amnesty International called “Justice under Trial”. It states that – India is home to one of the world’s largest undertrial populations, with a disproportionately high proportion of members of marginalised groups like Muslims, Dalits, and Adivasis. According to the report, prisons have extreme congestion, with occupancy rates above 200% in some areas. Inadequate legal aid, a lack of police escorts for court appearances, and disregard for Home Ministry rules are examples of systematic failings that continue despite legal protections and Supreme Court orders meant to prevent disproportionate pre-trial detention. In order to lower the number of people awaiting trial, the research highlights the necessity of strictly enforcing current rules, overhauling the legal assistance program and using non-custodial options like bail.
REFORMS
- KIRAN BEDI REFORMS – A guide for prison administration
As referenced before, esteemed IPS Officer Kiran Bedi was the first to enact a reformative model in the famous Tihar Jail during the early 1990s. After being appointed Inspector General of Tihar Jail, she carried out several creative initiatives to enhance living circumstances for prisoners. Her ideas included educational activities, a de-addiction drive and vocational training. One of her most efficient & innovative ideas was that of “mobile petition boxes” in which a locked box was circulated among all prisoners where they could tell all their grievances anonymously.
Bedi’s efforts created a more compassionate and encouraging atmosphere since they were based on compassion and focused on rehabilitation rather than punishment. Her strategy promoted self-control, moral principles, and the acquisition of skills among inmates. Tensions decreased, relationships between inmates and staff improved, and living conditions at Tihar Jail were generally improved due to her leadership. Bedi’s initiatives gained acclaim nationally and worldwide, demonstrating the possibility of transformation in correctional facilities with committed and compassionate leadership. Due to all this, it is rightly said that she transformed a “hell into an ashram”. Even to date, these reforms are not present in all prisons in India because of poor prison administration.
- CONJUGAL RIGHTS
This has been a pertinent topic after the case of Jasvir Singh v State of Punjab, 2022 wherein the Punjab & Haryana High Court held a right to conjugality under Article 21 of the Indian Constitution. The Punjab decision states that priority will be given to those who have served extended terms in prison without the chance of parole and specifies categories of prisoners who can’t avail such rights:
- Terrorists, gangsters and high-risk inmates
- People incarcerated for sexual offences, domestic abuse, or child abuse
- Inmates with contagious diseases, such as tuberculosis, HIV, or STDs, unless authorised by the prison physician
- Individuals who haven’t been doing their job tasks correctly for the last three months or have not demonstrated proper behaviour and discipline
Studies claim that providing prisoners with conjugal rights can reduce sexual harassment in jail and also lead to more emotional stability in prisoners as they will be in touch with their families. Conjugal Rights are especially beneficial for the under-trial prisoners as they haven’t been convicted of a crime yet and there are chances that after acquittal they will go back to the real world. Supporters of conjugal rights for prisoners also contend that the spouse or family of a criminal shouldn’t suffer for their doings and hence conjugal visits should be a must. Today, nations including Canada, Germany, Russia, Spain, Belgium, Denmark, Saudi Arabia, and in some states even the US, have embraced the idea of conjugal visitation. Israel and Brazil even permit visits by same-sex couples. The concept seems good in theory, but its implementation is a bottleneck, especially in a country like India where jail infrastructure is already so deficient and unhygienic.
Conjugal visits will involve sexual intercourse for which proper conjugal facilities need to be made in prisons with high levels of hygiene to avoid any transmission of STDs. Safety and security of the family members is another concern considering the gang wars in prisons. The privacy of prisoners during such conjugal visits must also be maintained. Considering that there’s widespread custodial torture of inmates, the same can also be done with their family members by the police authorities deployed in the jail. There needs to be a detailed mechanism for the safety and security of prisoners while they are fulfilling their conjugal duties. A proper framework along these lines should be made and implemented in prisons across India to curb infrastructural disabilities and safety concerns.
- WOMEN PRISON FACILITIES
All the same problems exist in female prisons as well along with some added problems of menstrual hygiene, pregnancy and child-care facilities. From the above discussion on conjugal rights, let’s imagine a scenario where such conjugal rights are available in all prisons across India. When female prisoners exercise their conjugal rights, there is a natural tendency for them to get pregnant which again adds to the infrastructural costs of the prison, wherein first there will be a need for a conjugal facility and then a child care facility. Childcare facilities are necessary- the lack of such facilities deprives innocent children born into prison of their rights unjustly.
Even today, Tihar is the only jail with proper childcare facilities including a creche, again all thanks to Ms. Kiran Bedi. According to recent news, the first jail staff-run daycare centre opened outside the Byculla women’s prison and soon such creches will be open all across Maharashtra. We must take away from Dubai’s women’s prison which is named the world’s best correctional facility where the inmates can do specialized courses in prison and have also completed their university degrees while in prison. After release, such inmates have run innovative and successful businesses.
CONCLUSION
The Indian jail system continues to face numerous obstacles, with progress being achieved in only some areas because of the lack of a uniform framework. Inadequate facilities, the predicament of undertrial prisoners and overcrowding must all be addressed immediately and together. A more compassionate and restorative approach can be promoted by putting changes like safeguarding conjugal rights, streamlining court procedures and enhancing living conditions into practice. India can get closer to having a just and efficient legal system that protects everyone’s dignity inside and outside of prisons by putting the rights and well-being of prisoners first. India follows a reformative system of justice wherein the state believes there’s hope for change in every prisoner. It is high time we uphold this tenet and make our prisons able for the same.
Author’s Bio:
Khushi Sheoran is a law student at Jindal Global Law School. She is an ardent debater, environmentalist and international relations enthusiast. Her areas of interest include – ESG, International Law and Gender & Sexuality.
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