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Jail Rbforms in India: a Review

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Jail Rbforms in India: a Review -1 -' Received: 12. REVIEW UDK:343.9 JAIL RBFORMS IN INDIA: A REVIEW Sudipto Roy lndiana State University Department of Crirninoiogy ABSTRACT Prisrms in the shape of dungeons had existed from tim.e immemorial in all of the old cowttries of the world. In this paper, the focLts is on India. India has a longstanding parliumenta6, democrttcy (since its independence on August 15, 1947.from the British rule) with afree press, a civilian-controlled miLitary, an independent .judiciary, and active political and civil organization.s. Despite the lingering problents ol overcrowding and the sittuttiott of undertrial.s, the up side is several state gover,'tntents hove started jail re.forms sout ufier tlrc Act w'a.s amended. The jail authorities are now providittg variecl eductttional antl vocu(ional taining, therapeutic: counseling, tlrug de-addiction center.s, ultgraded heulth care, recrcutionol .fut:ilities, ancl legal aid as well. As evident .from the cu.\es presented in this poper, the nnjoritt, ol' the reform e,fforts are taking place at.jails located in lurge urbon ttreos over the lu.st t:ouple of t-eors. The state governments need to expand those reform efforts to the jails outside those ttrbun ureos. Jail reform efforts had long been overdue in India. Apparently. the amendnrcnt of tlxe Indian Prisons Act in 2000 has been able to usher positive reform endeavors throug,ltout the country. The jail autltorities are increasingly becoming ,nore attentive towards inmates' well-being as well as the rehabilitative services necessary frtr the inmates' reintegration into societ)t upon release front.jails. Key words: jails, prison re.fonn, India INTRODUCTION ary, 1990). However, the percentages of the three types of prisoners ntentioned above vary from state Prisons in the shape of dungeons had existed human especially from time immemorial in all of the old countries of to state. Significant rights' abuses. violations of the rights of the convicted offenders the world. Norval Morris in his book The Future of quite preva- Imprisonment (1974) maintained that punitive im- sentenced to imprisonment have been in prisonment was used extensively in Rome, Egypt, lent in the administration of criminal iustice India (Roy, 1997). China,India, Assyria, and Babylon, and was firmly established in Renaissance Europe. In this paper, For more than a decade the jails in India have the focus is on India. India has a longstanding been suffering from overcrowding problems. Jails parliamentary democracy (since its independence across the country have been bursting at the seams. on August 15, 1947 from the British rule) with a Most of all, the services provided to the inmates free press, a civilian-controlled military, an inde- (such as educational or vocational training, health pendent judiciary, and active political and civil care, counseling, recreational facilities as well as organizations (Roy, 1997). According to the pre- legal aid) have been abysmal for decades. In post- vailing usage in India, the term jail is a generic independence India, a couple of jail reforms com- term that applies to penal institutions housing poli- mittees appointed by the central govemment made tical prisoners, prisoners awaiting trial, as well as several recommendations for jail reforms. In addi- prisoners sentenced to institutional detention. Con- tion, during the 1990s the National Human Rights sequently, thejails in India perform the function of Commission (NHRC) which was established in remand institutions and prisons (Mohanty and Haz- 1993, along with other similar groups have recom- (2003) 33-40 Krintinolo14iia i socijalna integraci.ia' Vol' ll Br' l' 34 in 1859 and 1860 respectively' Imprison- mended "jail reforms" to the central and state enacted as a form of punishment (which was first ap- sovernments as well. The Indian Prisons Act was ment India in l7i3) came to be applied uniformly lnacted by the British more than a century ago in plied in ihroughout India in 1860 (Chadha, 1983)' 1894. In ihe wake of varied recommendations for amended of jails i n post-independence ' jail reforms", the central governmentJras The administration of the states' tile century-old Indian Prisons Act in 2000 to bring India has been the sole responsibility governlnents or about significant jail reforms. Given the context' All jails are managed by the state (e'g' Anda- the purp-ose of this paper is to review jail reform by the Union Territory administration governmenl efforts u"to.t India following the amended Indian man and Nicobar Islands). The central and Prisons Act. The first section is divided into two is largely concerned with policy formulation head ofjail ad- sub-sections jails and their administration, and ptanriing services. In each state the - of Police of situations in jails. The second section presents a rinittru:tion is the Inspector General Deputy In- brief historical overview of jail reform efforts in the state. This individual has several the jails in each of India. The third section delineates the reform efforts spector Generals to look after which the state across the country in the wake of the amended the various geographical areas into Indian Prisons Act in 2000. In the final section a is divided (Raghavan, 1995). conclusion is drawn based on the facts presented in the previous sections. Situations in Jails The jails in India have been replete with vari- ous problems for a long time. These problems in- JAILS IN INDIA cludL overcrowding, mistreatment, lack of services for inmates' rehabilitation and reintegration Jails and Jail Administration needed into the society upon their release, mismanage- early jails were only places of de- In India, the ment, and callous authorities (Indian Express, No- offender was detained awaiting tention where an vember lg. lggg). The most significant problem judgement and the execution of the latter trial and has been overcrowding. The problem is so baneful Horaty, 1990). Among varied sanc- (Mohanti und that in some states the jails are filled to over four hanging, mutilation, and death' iions litce branding, hundred percent of their capacities ('The Hindtr' "imprisonment was the most mild kind of penalty JuJy 27,2002). known prominently in ancient Indian penology" At this point, let us take a look at some illus- (Mohaniy and Hazary, 1990, p' l9)' The main ob- trative cases of overcrowding in jails across India: jective of imprisonment was to hold the offenders Rights in detention iacilities away from the society' Ac- - On May 21,2002, the National Human to the central cording to Prakash (1976), these facilities were not Commiision presented their report the overcrowding appropriate for human dwelling' government after investigating jails in the state of Uttar Pradesh' Punishments for offenders in Mediaeval India iroblem in capacity of about thirty-three thous- had the semblance of Ancient India' During the Against the jails in that state were housing almost Mughal period the sources of law and administra- and, the inmates (Jha, 2001)' tion of justice essentially remained-Quaranic' The fifty thousand jail offensei were classified as (a) offenses against - Another case in point comes from the central ' God, (b) offenses against the State, and,(c) offenses in Hyderabad (ihe capital city of the state of against individuals. The punishments for these of- Andhra Pradesh, a southern state)' The jail with fJnr", were divided into four types - hadd, tazir' a capacity of little over seven hundred inmates quisas, and tashir (Sarkar, 1935)' These fines in- had to accommodate more than twice that number fines and confiscation, forfeiture of rank almost fifteen hundred inmates (The Times of - jail' "tuO.aand title, subjecting to humiliations, banishments' India, May 16, 2001). At this particular whipping, mutilation, and execution' Imprisonment there was just not enough space to sleep with too was'not resorted to as a form of punishment for many inmates squeezed in the limited space' conventional offenders. It was mostly used as a raising doubts about the health of the inmates' offenders were detained pend- means of detention; In December 1999, there were about ten thousand judgement (Bhusan' 1970)' - ing trial and inmates housed in Tihar Jail (in the state of With the advent of the British rule, the admi- Delhi) against the capacity of three thousand nistrative structure assumed a new form' The Brit- (The Statesman, Decembet 27, 1999)' criminal law came to be applied in India as the ish In Mumbai, all of the city's jails were burdened Regulating Act was passed in 1773',The Indian Pe- - with three times their actual accommodation ca- nal-Code and the Criminal Procedure Code were S. Roy: Jail Reforms in hdia: A Reviev, 35 pacity (Zatdi, 1999). For instance, the Mumbai largely ignored provisions for educational training, Central Jail which officially has room for a little job/r,ocational training, life skills training. recrea- over eight hundred inmates, had over twenty four tion, and legal aid (Bedi, 1999). In recommending hundred people lodged in it as of April 21, 1999. jail reforms Bedi ( 1999) had emphasized the neces- At the same time, another city jail with a capac- sity for providing all these services. [n Bedi's orvn ity for three hundred individuals housed about words, "Indeed the society has an obligation to pro- six hundred and fifty inmates. vide for these services to help inmates reintegrate (1999, At the Patna (in the into society" p.235) after their release from - Adarsh Beur Central Jail in jails. jail eastern state of Bihar). the number of inmates Likewise, the authorities of the Panaji was five times its capacity (T'he Tirnes of India, Central Jail (in the state of Goa) admitted the ne- January 2,2000). cessity for programs pertaining to health care, edu- cation, skills training, recreational activities, as (Kumar, As mentioned earlier. in addition to over- well as legal aid 1998).
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