State of Women in the Indian Prison System

Introduction

Prison is an institution that is constructed for the confinement of persons who have been held in custody by a governing judicial body or those who have been deprived of their civil liberties for committing a crime. The Indian Prison system facilities and infrastructure however is primarily dominated by the colonial laws. This calls for a need for reform and changes in the system of the Indian Prisons. The prison system is influenced by men prisoners, posing a huge challenge to the women who are residing in prison. Due to overcrowding and lack of infrastructure-less than 20% of the women reside in separate women cells. There is a lot of violence and depravity which happens behind closed doors. There has been a national and international agreement for the need for urgent improvement in the facilities for women in the prison system.

Problems with the Indian Prison System

1. Lack of Adequate Staff

According to the report published by the Ministry of Women and Children on ‘Women in Prison’, there was a keen observation about the lack of ‘women’ staff in the prison systems. Visits by the teams of the National Human Rights Commission in some hundred jails also reflected the lack of staff and that the vacant positions shall be filled. The lack of female staff also translates into ‘men’ staff adhering to the responsibilities which further becomes a problem for the female inmates

2. Accommodation

One of the problems that the Indian Prison system faces is the overcrowding of the prisons because of lack of space. In a report published by the NCRB, the national occupancy was reported at 114.4% in 2015. Due to overcrowding, the personal space is often violated and it increases the pressure on the staff directly. The women already have a lack of space altogether in the prison system and overcrowding can directly influence the hygiene conditions of the woman and create health problems for them. Overcrowding also bears the psychological burden on inmates who are forced to live together in small spaces. Due to high occupancy and lack of infrastructure, women do not have proper sleeping arrangements or proper natural light in their cells.

3. Sanitation and Hygiene

The physical and mental health of the women is often neglected in the prison. With inadequate water supply or staff members in hospitals, especially the gynaecologists, the female inmates often suffer a lot of problems. According to Prison Statistics India 2015, NCRB a total of 51 deaths were recorded out of which 48 deaths were due to natural causes and the rest i.e. 3 were due to suicide. It is also to be noted that women’s mental health also suffers due to the inadequate frequency of the available doctors and staff. Women’s health particularly, mental, physical, reproductive require particular attention. The Ministry of Home Affairs has also acknowledged the need for re-socialisation and re-education which needs substantive changes in perception, behaviour and attitude.

4. Sexual Violence

There have been several incidents that reflect the sexual violence by inmates and authorities. The women however are prone to more sexual violence than the male inmates. It is also to be noted that the crimes under sexual violence are often underreported due to fear in prison of retaliation from the fellow prisoners who reside in the same place. In case a case is highlighted out of sexual violence, the woman shall be given immediate access to mental support from the counsellors. Prisoners are also allowed to file a complaint under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. To stop the sexual crimes against women, the Model Prison Manual 2016 also suggested the installation of CCTV cameras in the facilities. It should not be ignored that the police in charge should be extremely stringent while dealing with cases like this.

5. Miscellaneous Problems

Various problems surround the women in the prisons of India. One of the major problems is the insufficient nutrition intake for lactating and pregnant women. Lack of staff especially female superintendents and induced bullying within the prison also accounts for physical and mental drainage of the women in the prison cells. There is also the ‘men centric’ prison system that plays a key role and disregards the individuality and needs of women. Most of the infrastructure is outdated. All these problems need to be addressed and looked into individuality for better shaping of ‘human beings who are inside the prisons of India.

Rights of Women in the Indian Prison System

Accused women

An accused woman cannot be arrested by the male police. She can only be arrested by the female police. This also goes while a woman is searched for. A police officer should not abuse the accused. According to Section 53 (CRPC), the examination of a female shall only be made or supervision can be done only by registered medical practitioners.

Rights of Women Prisoners

It is to be noted that the women shall not be called upon the police station for investigation and the investigation shall be carried out in the presence of a family member. Apart from this, the trial prisoners shall be kept separately from the convicted prisoners. The adolescent girls are also summoned in a distinguished cell away from the adult women. The political and civil prisoners are also kept away from convicts.

Legal Aid

Article 39(A) of the Constitution provides for free legal aid to the poor and the weaker section of the society. This ensures that there is a guarantee of justice to all sections of society. It is also mandatory for every State that a State Legal Service Authority and in the High Courts, a High Court Legal Services Committee has to be constituted. This ensures the accountability of social justice to the sections of the society irrespective of class and the caste system which is prevalent in Indian society. Article 14 of the constitution reads as ‘The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.’ This ensures equality before the law for all the people, irrespective of their caste, class, religion, gender, etc. It also ensures a presence of a robust legal system that guarantees the ideals of social justice based on the equal opportunity of law. Article 22(1) of the Indian Constitution reads as, ‘No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.’ Through Article 22, the legal rights of the individual are guaranteed.

Education, Vocational Training and Skills Enhancement in the Prison System

Basic education in the prison system is compulsory for all the inmates in the prison system. However, access to higher education is almost entirely missing in the prison system. It is to be noted that even if there are resources to access the education i.e. libraries, most of them are only accessible to the male inmates. Basic education in the prison system is compulsory for all the inmates in the prison system. However, access to higher education is almost entirely missing in the prison system. It is to be noted that even if there are resources to access the education i.e. libraries, most of them are only accessible to the male inmates. The notable instance is that education plays a huge role in shaping an individual. The State needs to organise various workshops for the female inmates with the help of private sector players like the NGOs to help them gain employability soon after their release.

Every State/ UT has to implement a proper policy for skill development programmes and proper training of the individuals. Article 41 which falls under Directive Principles of State Policy focuses on Right to Work which reads as, ‘the State shall within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want.’ This also applies in the prison system which reflects upon the need for employment creation within the prison which will not only boost the morale of the convicted persons but also promote the good mental balance by a way of being connected to the other world.

Women with Children in Prison

Children up to the age of 6 can live with their mothers in the prison. The State guarantees their well being, clothing, nutrition, education and recreational activities as their right. Pregnant and lactating women however have to be provided with a better diet and facilities for boiling milk and water. It should be kept in mind that children growing up in prisons undergo a psychological difference from the kids growing up in the outside world. The prison facilities of the state shall ensure that the environment surrounding the children is appropriate and their needs and demands are tailored to and delivered at a priority level. According to the statistics of 2019, National Crime Reports Bureau there were 1543 women prisoners with 1779 children as of December 2019.

Recommendations

All India Model Prison Committee

All India Model Prison Committee is headed by the Director-General of the Bureau of Police Research and Development (BPR&D) to prepare a Model Prison Manual 2016. The main agenda which was reflected in the report was to emphasize the computerization of the prison system, rights of prisoners sentenced to death, focusing on after-care services, prisons inspections and hiring of adequate staff.

In May 2017, the Supreme Court also directed the Ministry of Home Affairs to comply with the recommendations suggested by the National Model Prison Manual. The Ministry of Home Affairs has also proposed the setting up of an ‘Integrated Prison Software Manual’. The National Model Prison system also addressed the issue of proper redressal and a grievance system. It also recommended the creation of ‘Mahapanchayat’ which is a prison panchayat. This will instigate Superintendents to listen to the grievances of the prisoners and help them solve them humanely.

The Mulla Committee also recommended the setting up of a National Commission on Prisons as a special advisory body for all the prison matter consultation and policy implementation. The committee also recommended a National Policy on Prisons which can be implemented for standardization of rules and regulations in the country. The Mulla Committee also addressed the need for self-contained family units for a group of women with family i.e. children. This was to ensure that women feel more secure and can provide their children with a better atmosphere.

Conclusion

The rate of female prisoners is ever increasing throughout the years. Lack of appropriate infrastructure and basic amenities poses a deep threat to them physically and mentally. Even after having substantial regressive policies, the State has failed to implement them properly. Women in particular face a lot of issues due to lack of female staff, low level of sanitation and hygiene, lack of medical facilities or not being able to access education. This also poses a problem when women have to reintegrate into the real world after the release. It is also to be noted that there hasn’t been a substantive concrete study done for the betterment of the women in the prison system. The idea of prison is hugely dominated by the needs and demands of the male population. Even after providing legal aid and substantive rights in the Constitution, the state has not lived up to its expectations of treating women right.

REFERENCES

1. Ministry of Home Affairs, Report of All India Committee on Jail Reforms (Mulla Committee) https://www.mha.gov.in/MHA1/PrisonReforms/report.html

2. Ministry of Home Affairs, Implementation of Mulla Committee Report, https://www.mha.gov.in/MHA1/PrisonReforms/NewPDF/Mulla%20Committee%20-implementation%20of%20recommendations%20-Vol%20I.pdf

3. Criminal Procedure Codes http://legislative.gov.in/sites/default/files/A1974-02.pdf

4. Model Prison Manual for the Superintendence and Management of Prisons in India https://bprd.nic.in/WriteReadData/userfiles/file/5230647148-Model%20Prison%20Manual.pdf

5. Ministry of Home Affairs, National Crime Reports Bureau, Statistics

https://bprd.nic.in/WriteReadData/userfiles/file/5230647148-Model%20Prison%20Manual.pdf

6. Ministry of Women and Child Development, Government of India, June 2018, Women in Prison, India

7. National Human Resource Commission, https://nhrc.nic.in/press-release/prison-statistics