Prisoner's Contact with Their Families

Home , Devayani (dancer), Puzhal, Yerawada

TABLE OF CONTENTS Topic Page No. List of Tables ii

The Research Team iii

Acknowledgments iv

Glossary of Terms used in Prisons v

Chapter I: Introduction 1

Chapter II: Review of Literature 5

Chapter III: Research Methodology 9

Chapter IV: Procedure and Practice for Prisoners’ Communication 14 with the Outside

Chapter V: Communication Facilities: Processes, 35 Experiences and Perceptions

Chapter VI: Good Practices and Recommendations 68

References 80

Appendix 81

End Notes 88

List of Tables

Title Page No.

Table 3.1 Research Sites 10

Table 3.2. Number of Respondents (State-wise) 10

Table 4.1: Procedures for Prisoners’ Meetings with Visitors 14

Table 4.2. Facilities for Telephonic Communication 27

Table 4.3: Facilities for Communication through Inland-letters and Postcards 28

Table 4.4: Feedback and Concerns Shared about Practice and Procedure 29

The Research Team

Researcher Ms. Subhadra Nair

Data Collection Team Ms. Subhadra Nair Ms. Surekha Sale Ms. Pradnya Shinde Ms. Meenal Kolatkar Ms. Priyanka Kamble Ms. Karuna Sangare Ms. Komal Phadtare

Report Writing Team Ms. Subhadra Nair Prof. Vijay Raghavan Dr. Sharon Menezes Ms. Devayani Tumma Ms. Krupa Shah

Cover-page, Report Design and Layout Tabish Ahsan

Administration Support Team Mr. Rajesh Gajbiye Ms. Shital Sakharkar Ms. Harshada Sawant

Project Directors Prof. Vijay Raghavan Dr. Sharon Menezes

iii

Acknowledgements

This study has reached its completion due to the support received from the Prison Departments of different states. We especially wish to thank the following persons for facilitating the study.

1. Shri S.N. Pandey, Director General (Prisons & Correctional Services), Mumbai, Maharashtra. 2. Shri Sunil Ramanand, Addl. Director General of Police & Inspector General (Prisons & Correctional Services), Pune, Maharashtra. 3. Shri Sandeep Goel, Director General (Prisons), Tihar Prisons, Delhi. 4. Shri Abhash Kumar, Addl. Director General/Inspector General (Prisons), Tamil Nadu. 5. Shri Ajay Bhatia, Dy. Inspector General (Prisons), Tihar Prisons, Delhi. 6. Shri Jai Kishan Chillar, Superintendent, Gurugram District Prison, Haryana. 7. Shri U.T. Pawar, Superintendent, Yerawada Central Prisons, Maharashtra. 8. Shri Harshad Ahirrao, Superintendent, Thane Central Prison, Maharashtra. 9. Shri Bharat Bhosale, Superintendent, Kalyan District Prison, Maharashtra. 10. Shri Sadanand Gaikwad, Superintendent, Byculla District Prison and Additional Superintendent, Mumbai Central Prison, Maharashtra. 11. Shri Dnyaneshwar Kharat, Addl. Senior Jailor, Yerawada Central Prison, Maharashtra. 12. Smt. Swati Pawar, Senior Jailor, Yerawada Central Prison, Maharashtra. 13. Thiru. G. B. Senthamaraikkannan, Superintendent, Puzhal Central Prison-II, Tamil Nadu. 14. Thiru. A. S. Abdul Rahuman, Jailor, Puzhal Central Prison-II, Tamil Nadu. 15. Thiru. K. Elangovan, Jailor, Puzhal Central Prison-II, Tamil Nadu. 16. Thiru. M. Senthil Kumar, Superintendent, Puzhal Central Prison-I, Tamil Nadu. 17. Thiru. P. K. R. G. Ramesh, Jailor, Central Prison-I, Tamil Nadu. 18. Thiru. P. Dharmaraj, Jailor, Puzhal Central Prison-I, Tamil Nadu. 19. Thiru. K. Shankar, Superintendent, Thiruchirappali Central Prison, Tamil Nadu. 20. Tmt. Rajalakshmi, Superintendent, Special Women Prison, Thiruchirappali, Tamil Nadu. 21. Thiru. Shamshad Khan, Welfare Officer, Thiruchirappali Central Prison, Tamil Nadu. 22. Thiru. R. Krishna Raj, Superintendent, Coimbatore Central Prison, Tamil Nadu. 23. Tmt. A. Uvarani, Warder, Special Women Prison, Puzhal, Tamil Nadu. 24. Tmt. Helen Thraisrani, Grade-I, Head Warden, Special Women Prison Thiruchirappali, Tamil Nadu.

We are also grateful to the prisoners and their families who have shared their experiences and stories with us, at a juncture when they were themselves grappling with the consequences of incarceration. We cannot acknowledge them by name, so as to protect their identities. We do hope that their voices lead us to improved pathways in criminal justice and social re- integration.

GLOSSARY OF TERMS USED IN PRISONS

Wired net/mesh. Here it refers to the iron net that is placed to Jali separate the visitor from the prisoner during the interview Mulakat (Hindi/Urdu) Interview/meeting between prisoner and visitor Manu (Tamil) Literally, Petition. However, it is used colloquially to refer to interview Manu porul (Tamil) Things brought by the family during the interview for the prisoner Manu seettu (Tamil) Interview slip. This contains details of the family visiting the prisoner, the details of the prisoner and the things that they have brought for the prisoner Parchee (Hindi) Paper slip which is used as token for registration Vakeel Advocate Vakeel mulakat The interviews that the prisoner have with their advocates

Chapter I

INTRODUCTION Reformation and rehabilitation in society are important objectives of the Criminal Justice System (CJS). A large percentage of persons processed by the CJS are from socially and economically disadvantaged backgrounds. For instance, 40.2 per cent of prisoners were reported to have educational qualifications less that Standard X, and 28.9 per cent prisoners had no education. Out of 139488 convict prisoners, 96827 convict prisoners belonged to oppressed and disadvantaged caste communities. Out of 32, 3537 undertrial prisoners, 20,9629 undertrial prisoners were from these communities (NCRB, 2018).1 Thus, along with criminal and victim justice; social justice becomes a crucial component of justice delivery systems. Subsequently, social work intervention within CJS has a two-pronged approach, each feeding into the other. Firstly, it seeks to bring systemic change, to help people access criminal, victim and social justice. Secondly, it attempts to create pathways for people’s social re-entry – in a way that enables them to break trajectories of deprivation and social exclusion, and contribute to family and community.

The CJS carries a responsibility to address social and economic disadvantages of prisoners in order to meet its objective of reformation, corrections and social and criminal justice. Social workers located within the CJS are aligned to work with the system to meet its objectives. Over the last thirty years, Prayas has worked persons accused of crime, towards bringing them back into social mainstream. Such intervention begins inside prison, with the social worker attempting to communicate to the person society’s intention to have the person return to family and community, and develop capacities for safe futures outside crime and exploitation. Thus, Prayas’s services are structured to address vocational training, education, employment, income generation, access to health and medical support, crisis support and safe and healthy relationships (Menezes and Raghavan, 2017).

Meanwhile, Prayas’s experience indicates that during imprisonment, a large percentage of prisoners are anxious not so much about their futures, but the immediate – that is, their families and relationships. At one level, challenges faced by families get compounded after arrest and imprisonment of their relative. At another level, the hope of coming out of prison depends upon the case and the families’ capacities to facilitate release. At yet another level, arrest and imprisonment compromises family relationships. Sometimes crimes are committed to provide for and take care of the family, sometime as a result of strained relationship within family, or

1 sometimes relationships with the family is strained because of act of committing crime. In any case, family is a significant player in the mind of the prisoner. Thus, even where relationships are strained, prisoners’ preoccupation with their families leads them to request social workers to enhance connection with families. Social workers heed to this request, to extend support to family, or to connect the family with the prisoner, or to explore potential for repairing relationships if the prisoner and/ or the family desire it.

In the process of meeting its objective of corrections, the prison space invites trauma, anxiety and loss of control. For the rehabilitation agenda to set in, it must be influenced as such. Thus, awareness, recreational, educational and vocational training programmes, emotional and psychological support, and facilitating connections with families are integral to rehabilitation of prisoners. Positive, stable relationships of the prisoner with the family is very crucial for their well-being while in prison and also for their better adjustment in the custodial situation. To amend the strained relationship between the prisoner and the family and/or to maintain, develop and strengthen prisoner-family relationship, it is important that there are frequent, ongoing and successful contact between prisoners and their families. Prayas’s experiences while working in the prisons show that those prisoners who have good relationships with the family or at least have some minimum contact with the family have a better chance of staying away from negative or harmful relationships while in prison, stand greater chances to get family support on their release, and they have support during the process of rehabilitation.

In India, family contact of prisoners is maintained through rules that allow writing letters to family members,2 visits of family to prison to have face-to-face meetings (called mulakat), telephone calls and meetings through video conferencing facility. The type of contact facility given to prisoner and their family differs from state to state. It also varies from prison to prison in a particular state, depending on the facilities available in that particular prison. The minimum basic facility available in all prisons for family contact of prisoners is the post card facility, and face to face mulakat, which is permitted once in a week for under trials and once in fortnight for convicts. Each practice carries its strengths and limitations.

Another issue which emerges is that though some families wish to maintain contact with the prisoners, they are unaware of the procedure to avail the facility. Family members sometimes do not have enough means (financial and others like lack of documentation to prove their relationship with the prisoner to avail mulakat facility) to maintain the contact. Even while prison staff may be sensitive towards facilitating family contact, they may not be not aware about positive impact the contact may have on achieving the objective of reformation and

2 rehabilitation. Thus, the facility of family contact is often neglected, or is attached less priority in the prison system. Yet, there good practices of the family contact system in many prisons of the country.

Developing the family contact system for prisoners would be helpful for not only the prisoner, but also the family attempting to reach out to the prisoner and negotiate with prison procedures and other challenges that go into making the meeting happen. Through an improved family contact system, prison departments would be responding to prisoner’s anxieties and offer an easily accessible contact system. In this context, Prayas initiated this research to explore family contact systems in prisons and good practices therein.

The Research Context The relevance of the study is in keeping with the UN Standard Minimum Rules for Treatment of Prisoners 19553 and the Nelson Mandela Rules 2015, which lay down facilitating contact with the family and the outside world as one of the basic rights of prisoners.4 The Model Prison Manual (2016)5 suggests that the rights of prisoners6 includes the following: (i) Right to communication with the outside world; (ii) Right to periodic interviews; and (iii) Right to receive information about the outside world through communication media.

The Manual gives a detailed guideline for the facilitation and the norms to be maintained during the various means of communication. However, prisons come under the State List of the Indian Constitution7, and hence the implementation of the guidelines and the reformative steps that each prison takes, largely falls under the purview of the state governments.

This study adopted qualitative approach to explore the various means adopted to facilitate contact with the families in eleven prisons located across Maharashtra, Delhi, Haryana and Tamil Nadu. It explored interview (mulakat) facilities, phone call / video call facilities, letter/inland/postcard facilities, with specific reference to the procedures followed in each of these prisons – with regard to the time, frequency, and other facilities.

This report is structured into six chapters. Following this introduction chapter, the second chapter reviews literature on prisoners’ communication with families, and initiatives of the criminal justice system in India to facilitate prisoners’ contact with significant others. The third chapter discusses the research methodology, and the limitations and scope of the study. The fourth chapter presents practice and procedure for facilitating prisoners’ communication with

3 family and friends, across the different research sites. This is followed by a chapter that discusses how prison staff, prisoners and their visitors perceived and experienced the practices and procedures discussed in the earlier chapter. The report concludes by highlighting good practices for prisoners’ communication with the outside, and makes its recommendations.

Chapter II

REVIEW OF LITERATURE This chapter discusses literature on the need for prisoners’ contact with families and the challenges they faced. Literature also draws connections between prisoners contact with families, their prison experience, recidivism, reformation and rehabilitation. It highlights initiatives of the criminal justice system in India to facilitate prisoners’ connections with families.

Need for family contact

Various studies have been conducted regarding the relevance and the importance of contact of a prisoner with the society outside the prison. For instance, Christian et al. (2006), observed that incarceration impacts the families and the neighborhoods socially and economically. From the prisoners’ point of view, with increasing prisoners’ contact with society, there was decrease in prisoner disciplinary infractions, and a sense of self-reliance as they did not have to depend on other inmates to borrow things, and reduction in recidivism after release. Christian et al. (2006) suggest that ‘the social capital fostered by contact with the family manifests itself in a number of ways including fewer disciplinary infractions within the institution and more successful outcomes upon release from the prison … The inmates who maintained frequent outside contact while in prison did significantly better on parole’ (p. 444). The Corrections Officers encourage the contact of the prisoner with their families as it fosters successful re-entry into the society. This when done without a threat to breach of security, it ensures positive connections with the world. The family of the imprisoned person may have to singly support the children, support the prisoner and incur new expenses like phone calls and prison visits. Not meeting family was traumatic, particularly for children because they could not see the imprisoned relative.

Loucks (2005) suggested that after imprisonment, most of the prisoners lose contact with their families. Factors that affected family visits to prisons included long distances, financial constraints, attitude of the prison staff, lack of information about visits and procedures, inconvenient visiting timings and inefficient booking systems. Hence the families also suffer due to the incarceration of their family member. However, there have been various studies that indicate the importance of family contact in the correctional activities of the prison.

The prison systems across the world adopt various practices to enable the family contact of the inmates. One such measure taken by the prisons in England apart from the phone call, letter and interview system is the scheme of Storybook Dads.8 Under this scheme, the imprisoned parents can record bedtime stories for their children. Video call facilities are also made

5 available in the prisons. A social enterprise for voice mails called the Prison Voicemails 9 is also made available in many prisons.10

Challenges faced by families Reasons for reduced visits

Brooks-Gordon and Bainham (2004) on the Her Majesty’s (HM) Prison Service Policy, suggested possible reasons for reduced visits by the family over a period of time, such as the location of the prison and therefore, it’s distance from the homes affect the frequency of the visits. The authors suggested that this particularly affected the women prisoners as the number of prisons for women were fewer in number and hence the location of the prisons were more likely to be far off. Another reason for reduced visits from family was the procedure of frisk searching the visitors. The process of strip searching was humiliating and hence contributed to the decline in visits. Another major contributor to this problem was the overarching concern of security and risk in management over the social concept of family contact. The Scottish Prisons Service have attempted to develop a new post – Family Development Contact Officer, in order to facilitate the family contact of the prisoner and the family needs of the children being taken care of.

Family contact for foreign prisoners

Foreign national prisoners have special needs for family contact than the home prisoners as the former have language difficulties and lack of familiarity that make the accessibility of the legal structure difficult (Brooks-Gordon and Bainham, 2004). In an anthropological study, Grobsmith (1992) suggests the need to recognize the fact that the culture of an inmate was very important in their well-being in the prison. The author uses the example of the Indian prisoners in Nebraska jails and how certain concepts like religion, relations and family vary from culture to culture. The recognition of the necessities of the inmate was important for their rehabilitation.

Attempts of the criminal justice system in India to facilitate family contact

The Indian legal system has been witness to many significant judgments with regard to the contact of prisoners with their family members. This has been about the act of writing letters, the regulations over the content of the letters, to writing of books and the transfer of the same and also on conjugal visits. Kaur (2019) mentions that in 1987, in Madhukar Bhagwan Jambhale v State of Maharashtra & Others, the court observed that: ‘We fail to see why the prisoner should not give vent to his grievances against the prison administration to the outside world through his letter...[when] the prisoner is not prevented from making these grievances

6 in the interviews which are permitted under the rules…By reason of conviction and being lodged in jail, the prisoner does not lose his political right or rights to express the views on political matters’.

In another case, Inacio Manuel Miranda and Others v State (1989, cited ibid.) which addressed complaints made by several prisoners through letters, it was pronounced that ‘the classification of convict prisoners for the purpose of writing letters could safely be treated as discriminatory, and therefore, unreasonable’. According to the article, ‘the judgment further ruled that all convicts should be treated equally in the matter of writing letters and should be allowed to write at least four letters per month, two with the paper supplied by the government at government cost, and two, at the cost of the prisoner, on the paper supplied by the government’.

The judgment by Justice M. B. Lokur in the case Re-Inhuman Conditions in 1382 Prisons v State of Assam 11, in 2017 drew attention to the Rules 58 to 63 of Nelson Mandela Rules12 that dealt with the contact of the prisoner with the outside world. It stated that ‘merely because a person is in prison, it does not mean that he or she should be cut off from the outside world. In fact, the prisoners should be allowed to communicate with his family and friends at regular intervals and should also be permitted to communicate and consult with a legal adviser of his or her choice. This by itself could have a soothing effect on the prisoner’ (p. 6). Further, the judgment also stated that NHRC mentions isolation from family, friends and community as one of the reasons for making suicides more likely in prisons.

In the past few years, the courts have witnessed petitions for conjugal visits. Bajpai (2019) mentions that several cases have come before the Punjab and Haryana courts for suspension of sentence or parole on the grounds for procreation or alternatively artificial insemination. Further, in January 2010, the Bombay High Court while hearing a PIL on treatment facilities for HIV-positive prisoners, directed the Government of Maharashtra to examine the possibility of allowing prisoners to engage sexually with their wives in privacy within the jail premises. In January 2018, the Madras High Court granted a two-week leave to a prisoner sentenced with life imprisonment for assisting his wife with her infertility treatment. It merited conjugal visits and raised it to the status of being facet of the right to dignity.

Public Interest Litigations (PIL) have been filed on similar issues. One such PIL13 in the Bombay High Court stated that the ‘present condition of the windows provided for the interviews with the prisoners is such that the face of the prisoner is hardly visible to the visitors. He submitted that the members of the Bar find it very inconvenient to visit the Yervada Jail between 3.00 p.m to 4.00 p.m as the said time conflicts with the Court working hours’.

The Commonwealth Human Rights Initiative (2010),14 suggests that if a prisoner has lost contact with their families, the prison visitor 15 may help to re-establish contact. S/he may write letters for illiterate prisoners. It mentions that the prison visitor may use his/her authority as a prison visitor to talk to the family members to remove their un-informed biases and try to re-establish familial and social contact. Family contact and rehabilitation Connection between family contact and rehabilitation inside prison Farmer (2017) connected prisoners’ family ties and other relationships to safety and rehabilitation, and subsequently the breaking up of the negativity and hopelessness that seem to characterise jails. They was also expected to reduce the staggeringly high rates of intergenerational crime. Almost two thirds of prisoners’ sons (ibid.) went on to offend themselves. Prisoners who were not in contact with their families were more likely to be violent, self-harming, suicidal, and have poor mental health. Farmer further observed that ‘they need relationships to motivate them and give them hope…’ Studies have also shown the importance of the involvement of the family members in the correctional activities of the prison. A review paper Claire and Dixon mentions about studies (e.g. Cochran, 2012, Siennick, Mears and Bales, 2013) that showed that higher family contact led to lesser misconduct and rule breaking within the prisons. The non-visited prisoners were more likely to be in the misconduct group than the visited prisoners. Cochran (2012) also mentions that more visitations are likely to reduce the misconduct within the prisons, and connects variations in the patterns of visitations and its impacts on the conduct of the prisoner.

Connections between family contact and rehabilitation of released prisoners

A strong contact with the family during incarceration was found to lead to reduced recidivism and effective rehabilitation of released prisoners. Hairston (1991, cited in Loucks, 2005) found that the benefits of enabling and encouraging prisoner-family ties included decreased recidivism, improved mental health for both prisoners and family members, and increased probability of the family household getting back together after the prisoner’s release. Friedmann (2014) suggested that the ‘family can be a critical component in assisting individuals transitioning from incarceration because family members provide both social control and social support, which inhibit criminal activity.... In contrast, those without positive supportive relationships are more likely to engage in criminal behavior’. The Reentry Policy Council (2005, ibid.) asserted that correctional practices that ‘facilitate and strengthen family connections during incarceration’ and ‘reduce the strain of parental separation, reduce recidivism rates, and increase the likelihood of successful re-entry’.

Chapter III

RESEARCH METHODOLOGY

This study was designed with an overarching intention to inform initiatives towards prisoners’ contact with families, and advocate the right of prisoners to contact their families. At the start of the study, there were deliberations amongst the Prayas’s research team that comprised of social workers and researchers, to engage with the current understanding of contexts of prisoners and their families, and identify gaps in knowledge that could impact on socio-legal intervention. This, along with literature available on the subject helped the research team to conceptualise the study. The specific objectives of this study were:

a) To explore the family contact systems followed in prisons

b) To explore perceptions of prisoners and their families about family contact systems

c) To document good practices for prisoners’ contact with families

d) To understand the relationship between family contact and rehabilitation

e) To arrive at suggestions for strengthening prison systems for prisoners’ contact with families.

Research Design

This study was a journey towards understanding an under-researched topic. What better way was there than through stories that people shared of their experiences. Hence qualitative means of research were adopted to learn about the prison practices for facilitating prisoners’ contacts with families. The study was conducted over seven months.

Research methods and tools

A qualitative approach was adopted for the study. Interviews and observations were used to collect data. The respondents included male and female (under trial prisoners and convicts) with and without family contact, prison staff, and the families of the prisoners. Interview guides (See Appendix 1) were used for interviews with each of these set of respondents. Much care had been taken to ensure that the questions were non-directive, and interviews allowed free-flowing conversations. This approach has been chosen to capture nuances in the family contact system for prisoners.

Data collection process

The engagement with the field took place from November 2019 to February 2020. Permissions to conduct the study were sought from the prison departments of different states. The research sites included prisons (See Table 3.1). Four prisons from the Southern and Western Region were covered in Maharashtra. This included Mumbai Central Prison, Byculla District Prison, Thane Central Prison, Kalyan District Prison, and Yerawada Central Prison. In Delhi, Tihar and Mandoli Prisons were covered while in Haryana, the Superintendent of Gurugram District Prison was interviewed. In Tamil Nadu, Central Prisons and Special Women’s Prisons in Puzhal, Thiruchirappali, and Coimbatore were covered for the study.

Interviews were conducted with 121 prisoners. Out of these 121 prisoners, 59 prisoners reported contact with families, and 62 prisoners reported no contact with families. Forty-three prison staff were interviewed and 71 family members of prisoners were interviewed (See Table 3.2).

Table 3.1 Research sites States/Districts Names of Prisons Maharashtra

Southern Region Mumbai Central Prison Mumbai Byculla District Prison

Thane Central Prison Thane Kalyan District Prison Western region Pune Yerawada Central Prison Tihar Central Prions Delhi Mandoli Central Prison Haryana Gurugram District Prison

Puzhal Central Prison Tamil Nadu Thiruchirappali Central Prison Coimbatore Central Prison

Table 3.2. Number of Respondents (State- wise) Respondents Maharashtra Delhi Tamil Nadu Total Under trial women prisoners with 4 5 4 13 family contact Convict women prisoners with 3 4 4 11 family contact

Respondents Maharashtra Delhi Tamil Nadu Total Under trial male prisoner with 10 10 5 25 family contact Convict male prisoners with 3 7 10 family contact Under trial women prisoners without 9 5 3 17 family contact

Convict women prisoners without 10 3 4 17 contact

Under trial male prisoners without 7 7 3 17 family contact

Convict male prisoners without 3 8 11 family contact

Staff 12 16 15 43

Families of 32 25 14 71 prisoners

Sampling

While purposive sampling was pursued, the selection of these sites was also based on the extent of accessibility. The prisons in Maharashtra were accessible due to the Prayas’s engagements with the prison systems. The Tihar Prisons were selected because they are known for the reforms undertaken over the years since the days when Dr. Kiran Bedi was DG Prisons. The prison in Haryana was visited to understand the internally developed software that helped the prison staff manage the mulakat. The prisons in Tamil Nadu were visited because it is considered a state that has taken progressive steps towards reformation. The prison staff was interviewed to understand the existing family contact system in their prisons, their perspectives on the same, their roles and challenges that they faced. They shared their experiences and perspectives through narration of incidents – adding value to the data.

The prisoners who had spent more than six months in the prison were interviewed. Among them, those with contact with their families were interviewed separately from those who had

11 no family contact. This was because we wanted to understand if regular family contact has any relation with the mental state and rehabilitation of prisoners. The families of prisoners who came for the interview with their imprisoned relative/friend also contributed to the study, as we could understand their perspective on how mulakat facilities were organised and whether and how it helped in maintaining their relation with the prisoner.

Ethical considerations

Data were collected only after the purpose of the study was explained to the respondents, and oral consent was taken from them. Identity of respondents has not been revealed to maintain confidentiality.

Limitations and scope of the study During the course of the study, various challenges were faced that inevitably limited its scope. Despite receiving permissions and directions from the authorities concerned, the researchers were not permitted to interview the prisoners in two prisons in Maharashtra. The authorities in these prisons raised objections that the study might psychologically disturb the prisoners and that it may create problems for the prison staff to maintain discipline and calm.

The study earlier planned to interview prisoners who had spent six months or more in the prison. The reason for this was that it would bring more nuanced responses from the prisoners. However on the field, this could not be controlled and hence a few prisoners who were imprisoned for less than six months on the date of interview, were also interviewed. Though this may be a shortcoming in compliance to sample selection criteria, it brought in a new perspective to the data. The perspective of those prisoners who were yet to adapt to the new reality was documented through these interviews. Their views on the need for family contact brought another lens for analysis.

Interviews with prisoners and their families could not be conducted in private, they were done in the presence of the prison staff, near the site of the interview. The interview guide was prepared carefully so as to not direct the respondents to answer in any particular manner. However, when on the field, these interviews with the respondents had to be conducted in the offices where the prison staff sat. During the interviews with the families, the prison staff was present as well. The research team found that the presence of the staff (due to their concerns on security and to help in our facilitation) could have impacted few of the responses from prisoners and the family members.

The physical gestures adopted during an interview also impact the responses. In some prisons, while the researcher sat to ask, the prisoner had to remain standing to reply. Despite requesting the staff to offer a chair to the prisoner, the researcher was told that it was the format that was followed. This may not be a very critical point in the research, however a position as distinct as sitting and standing also signify different levels of power and hierarchy in the process itself. This creates an impact in the mind of both interviewer and the interviewee and thereby the responses. Power dynamics and hierarchies play a significant role in influencing the data collection process in prisons and there is sufficient literature on how the prison as a site of data collection brings along added responsibilities on the researcher to be sensitive to these dynamics and hierarchies (Raghavan, 2017).

Lastly, the study was conducted within a period of seven months. Hence the sample size and the number of states visited were limited. Due to the time constraint, the focus of the study was primarily the central and district prisons. Sub-jails could not be brought under the scanner in this study. Hence, the sites have mostly included urban spaces. Also, the study covers meetings, phone calls and letter writing facilities in the prison. Other methods of contact through parole and furlough have not been covered in this study.

However, the study was able to explore key practices and procedures in prisoners’ communication with society, and perspectives of prisoners, their families, and the prison staff in this regard. The findings of the study could be used to further explore socio-legal intervention towards change in policy and procedure for prisoners’ communication with significant others. This study open up new areas of research such as studying family contact in rural prisons and sub-jails, doing in-depth studies on the relationship between family contact and mental health of prisoners and relation between family contact and rehabilitation of prisoners.

Chapter IV

PROCEDURES AND PRACTICES FOR PRISONERS’ COMMUNICATION WITH THE OUTSIDE WORLD

This chapter presents a broad overview of different forms of communication available for prisoners to connect with their families (and in some situations, friends/acquaintances) across the research sites. It is based on observations and interviews that were held with the respondents. Certain observations in a prison is representative of problems faced in other prisons as well, and may not be limited to the research sites only. Presented in tabular format, the chapter covers findings about the means of communication like interviews, phone calls, inland letters and postcards, and responses that were received during the study, regarding these means of communications. The visit to Gurugram District Prison had been specifically to observe the software that was developed within the prison for the efficient management of the prison. Hence the focus of the interview was different.

Personal meetings between prisoners and visitors Table 4.1: Procedures for Prisoners’ Meetings with Visitors Procedure and Gurugram Practice Delhi Dist. Maharashtra Tamil Nadu Interview from 9.00a.m. to 1.00p.m. and from 2.00 p.m. Registration: to 4.00 p.m. 8.00 a.m. to 8.00a.m. to 9.30a.m. and Special face-to-face 2.00 p.m. from 2.00p.m. interviews between

From 9.30 a.m. to Vakeel to 3.00p.m. prisoners and school going Interview timings children, and working 1.00 p.m. mulakat Interview from wives; on first Sundays of from 4.00 p.m. to 5.00 9.30a.m. to every month, for convict 1.30p.m. and prisoners with good conduct. p.m. from 2.30p.m. This is a practice followed in to 5.00p.m. all prisons in Tamil Nadu, however in different forms.

Procedure and Gurugram Practice Delhi Dist. Maharashtra Tamil Nadu Facility for pre- booking through telephone or manual. Through the Central Public Relations Office (CPRO).

Ramp facilities for registration and access to toilets.

Money for prisoner-family member can be deposited at the counter while Some prisons coming for the lacked seating interview or can Waiting arrangements, also be deposited as sheds drinking water money orders. facilities and Pre-booking snacks/food Clear notice boards facilities. provisions. are placed to give details to the Notice Friends were also allowed to No clean families regarding board in the come. toilets. Facilities for the the do’s and don’ts registration during the counter Waiting shed in some families during the There was no interview. There is giving prisons were spacious. interview information an enquiry booth details of the regarding the as well. days of However, some prisons did days of holidays for not have a shed. holidays for First interview of a mulakat in the mulakat on prisoner can be the month. the boards in done without pre- some prisons. booking. The Wheel chair The staff also family/friend can facility for seemed directly come and the families. unaware of book the first time this. and also have the interview.

The 3 CPROs are placed near the gates based on the proximity to the prisons. Hence this avoids confusion for the families about where they are to go.

E-rickshaws available for commuting within the prison complex.

Procedure and Gurugram Practice Delhi Dist. Maharashtra Tamil Nadu

Eatables are sold outside the waiting room for the families, this consists of items from the prison canteen.

Convict prisoners and UTPs can have two interviews per week.

General, special and high risk mulakats are held.16

General mulakats on Monday to Mulakat 3 visitors can meet an happened in Friday from inmate at a time. alphabetical 7:30a.m. to 11:30a.m. order. Convict prisoners/ prisoners Specific Mulakat for arrested under TPDA18 on days were UTPs once a Special mulakat17 Tuesday and Thursday Interview rules on Monday and assigned for week. mulakat of Convict Thursday from Remand Prisoners on inmates prisoners once 1.00p.m. to Monday, Wednesday and 2.00p.m. whose in 15 days Friday. names

started with High risk mulakat Friends/families/relatives on Thursday and a certain can conduct interview alphabet. Friday from 1.00p.m. to 2.00p.m.

Women prisoners however had mulakat facilities only twice a week. This could be on any two days of the week except

Procedure and Gurugram Practice Delhi Dist. Maharashtra Tamil Nadu Wednesdays, Saturdays and Sundays.

Friends/families/ relatives are allowed to visit.

Mulakat happened in alphabetical order. Specific days were assigned for mulakat of inmates whose names started with a certain alphabet. Video conferencing inter-jail mulakats on 2nd and 4th Saturdays for 10 minutes each.

In Yerawada Central Prison, mulakat once a month on the last Sunday of For blood relatives the month. (BR) only. On all

Saturdays the men Women go to Inter-jail interviews go to the women’s the male On all Saturdays through jail. video conferencing. prison.

The mulakat is If the BR is face-to-face. located in a prison that is far off, then video calling facility can be made available or sometimes the prisoner is brought from that prison to Yerawada Central Prison for a few days. This is provided for Special the women mulakat (on Interviews with prisoners on No special 2nd and 4th Special interview on children mulakat Sundays. request. This Saturdays) depends on the where children

Procedure and Gurugram Practice Delhi Dist. Maharashtra Tamil Nadu discretion of the upto 14 years Superintendent. are allowed to meet their imprisoned parents face-to- face and not in the mulakat shed.

Babies upto 2 years of age are brought in with a guardian for the mulakat. Proof has to be shown by BR. Special Interviews are interviews Special interviews in provided upon in the the requests to the Superintend Special interviews in the Superintendent. As ent’s or Superintendent Superintendent’s or Jailor’s People with special or Jailor’s office. per the discretion of Jailor’s office. office. needs (Physically the Superintendent This challenged and such mulakats depends on This depends This depends on the senior citizens) on the happen in the the discretion of the discretion of Jailor’s or discretion of Superintendent. Superintendent’s the the Superintendent office. Superintend . ent’s Only clothes can be transferred. The day for this transfer is different in Single layer different clothing, bed sheets prisons. and other dress Clothes can be transferred. items. The notice In Yerawada board gives further Central Prison, No cooked food permitted, Items allowed to be details on the same. only those packaged food and fruits given to prisoners clothes that the permitted. by family members Things can be prisoner may during interviews transferred on any require are Prescribed medicines can also day of the week. allowed inside. be transferred. This is done after The prisoner the mulakat. has to give a chit to the No cooked food. Jailor or the Warder saying that his/her clothes are worn out and s/he require new

Procedure and Gurugram Practice Delhi Dist. Maharashtra Tamil Nadu clothes. This chit should also contain what all clothes are needed.

If the Jailor or the Warder decides that the inmate is in need of clothes, then that which the families have brought for him/her will be accepted inside.

No cooked food. Spiritual books Giving books during Permitted after and books Permitted after checking interviews checking permitted by the staff. Congested mulakat room. Lack of ventilation in the rooms. Computerized Mulakat jungla registration Jali system was in place. was air system in some Mulakat conditioned. jungla was of the prisons. Interview room was Lack of air spacious and had adequate There are prisons facilities. conditioned ventilation. with sound proof It cannot Interview room walls. accommodate There were Between the two jalis was a the large intercom space of half a meter. The There were facilities and number of prison staff walked in intercom facilities people coming fiberglass between this jalis frequently and fiberglass for the partition. to ensure that nothing was partition. mulakat. passed through the jalis.

There were intercom facilities and fiberglass partition.

Registration of The visitor enters through Registration Registration of Process involved names with proof the main gate and the during the of identity. of names names with details of the family are interview through with proof proof of entered proof of identity at of identity. identity. the eyes of visitors Frisking and the entry stage itself. security check of

Procedure and Gurugram Practice Delhi Dist. Maharashtra Tamil Nadu the things carried Wait until Waiting for Here the personal belongings inside at the entry the names the names to are deposited and the manu gate. are called. be called. They seettu is issued. did not know Depositing of Once the when their The visitor enters another personal names are turn is to come room where the manu porul belongings. At the called, the for the is checked. mulakat jungla the visitor goes interview. names are to the They The visitor is then body- registered again waiting depended on checked for security concerns. and the parchee is room and is the staff who There are separate rooms for sent inside through seated. called out their men and women. This stage the box meant for names. of frisking is done by the clothes. Through the police personnel. loudspeaker, Waiting for the names are Personal belongings can be names to be called. called. kept in a locker.

Once the prisoner is Things required for personal brought, the names consumption like water or are called out by milk for children, can be the staff. Then the taken along. visitor has to look through the The visitors wait until the windows to spot names are called. the place where the prisoner-family is.

If the visitor has brought clothes to give, s/he take them to the TSP personnel/ITBP19 standing next to the box through which the parchee was sent inside.

He/she does the checking of the items brought and puts it into the box. Both the prisoner and the visitor can view the process of checking and transfer. Name is The prisoner Name is announced is informed announced Once the manu seettu Process involved through the Public that he/she through the during the Announcement has a visitor. microphone. arrives inside, the prisoner is informed of the visitor. interview through System (PAS) and If the the eyes of prisoners notices are prisoner In certain Name of the prisoner is circulated through agrees to prisons, list of announced through PAS. the wards meet prisoners

Procedure and Gurugram Practice Delhi Dist. Maharashtra Tamil Nadu describing the him/her, having visitors names of prisoners s/he signs up is distributed in who have visitors. for the the respective As the calls are mulakat barracks. answered, the and moves prisoner is taken to towards the adjacent room mulakat to wait. jungla. After the mulakat, the prisoner goes to After the the staff standing inmate next to the box. He reach the opens the box and mulakat gives the prisoner jungla, the the things that the visitor comes visitor brought for up. him/her. Both of them are sure that the things were received.

The prisoner can buy item from the prison canteen and give to the visitor. This is also one form of sharing love and care. Both the parties feel loved. Sometimes, if the language is one that can be understood by the staff, letters are also permitted which develops a feeling of warmth. It is made sure that Once the Once the In Puzhal Central Prison, the every visitor who visitor names of the manu porul that is cleared, is comes for the makes the prisoners put into separate cream and mulakat, gets to entry, the whose families khaki colored cloth bags. meet the prisoner. system in have come Items for each prisoner are place finds reaches the put into separate bags with There is only one out where staff inside the the manu seettu. This is the Interview / tele-booking the prisoner prison, the only center for both Puzhal I communication number. Hence the is located. names are and Puzhal II Central processes through lines get jammed. called out. prisons20. Hence the two the eyes of the The staff in color bags are meant to prison staff Once the the location Once the distinguish the items to the registration is done, informs the prisoners are two prisons. irrespective of prisoner and willing to whether the visitor checks with have the These bags are then shows up for the him/her if mulakat, their transferred by the prisoners mulakat or not, it is they want names are employed for the same, to counted as a to meet the announced for the respective prisons.

Procedure and Gurugram Practice Delhi Dist. Maharashtra Tamil Nadu mulakat. If the visitor. Once the next session visitor registered it is agreed, of mulakat. The manu porul is again cannot make it for the prisoner, checked at the gates of the the mulakat, through the The visitors prison by Vigilance Officers prisoners go short of bio-metric then enter the (prison staff) and the one mulakat visit system signs prison prisoners are called (as per that week. up for the premises. the name on the manu seettu mulakat. that is within the bags) In Mandoli prisons, There is through PAS to attend the the prisoners are At this another round interviews. placed as per the point, the of checking of alphabetical order. visitor is identities and Once the prisoners agree for Hence when the called and frisking within the interview, the list of families come to do asked to the premises. names is transferred to the a manual booking wait in the prison staff who goes to the for the next waiting If there are waiting room and manually mulakat but do not room. prisoners calls out the families for the know the prison without family interviews. number their After the contact, the prisoner-relative is prisoner NGOs take in, the staff reaches the notice of the themselves can mulakat same and do search from the jungla and the needful. computer system as takes a spot, per the prison the visitor is If the prisoner assigned to that called to does not wish particular enter the to meet, then alphabet. jungla for his/her the mulakat. statement is If there are taken in prisoners who do writing and a not have any copy of this is means of contact shown to the with the family, visitor who is the staff is officially waiting designated the role outside as proof of tracing the of his/her family and unwillingness ensuring that the to meet them. prisoner is updated on the family There was situations. concern about overcrowding and the problems of inadequate mulakat counters. There was a need for more mulakat counters.

However, since the architecture

Procedure and Gurugram Practice Delhi Dist. Maharashtra Tamil Nadu was that of a heritage building, no more additional construction could be made. The police must do the verification.

Mulakat will not be permitted as the ID will not show Mulakat is not those names. permitted until the police However, the verifies the When the name police is in a names and a registered in the position to issue a notification is record is fake statement that prepared that both names are of the names are the same person. of the same Only after that person. mulakat can be permitted. A court order can also be sought for the same. The prisons are within the same premises and as per Interview/ BR policy the blood relatives are placed contacts when more in the same prison. No policy No policy than one relative/ friend in prison Despite that the visitor has to make separate visits to meet the different prisoners. The visitors are There is no able to access it ease in with relative accessing the amount of ease. system. Any This is because the Online first-time first-time visitors transaction visitor finds it There are facilities for depositing money at the are familiarized of money is difficult to time of registration for manu with processes. If also a navigate their The ease to access they have doubts, facility that ways inside for itself. the system- from the they can clarify at is provided the mulakat. eyes of the visitors The families could easily the enquiry room. along with They are not other forms The attitude of access the system as in their opinion, the staff has been required to do the of depositing the staff was helpful and supportive. booking for the money. also not helpful mulakat as well. in clarifying This helps them the queries of access the system the families. better. Thereafter

Procedure and Gurugram Practice Delhi Dist. Maharashtra Tamil Nadu the booking has to The staff, at be made. times were themselves In Mandoli prisons, unsure if the prisoners are certain days placed as per the were holidays alphabetical order. for the prisons. Hence when the families come to do a manual booking for the next mulakat but do not know the prison number the prisoner is in, the staff themselves can search from the computer system as per the prison assigned to that particular alphabet.

The booking system is made accessible to people from different strata of the society through tele- booking, manual booking, booking after the mulakat.

Money can be deposited by the visitor in the account of the prisoner at the time of registration for mulakat itself. There was a separate counter for the same. There was a preference for this method of depositing money than sending it through money order. This was also a facility that made it easy for the families that already came for the mulakat to deposit cash than necessarily sending

Procedure and Gurugram Practice Delhi Dist. Maharashtra Tamil Nadu it as a money order through the post office. At the time of entry into the prison, 10 names of families/friends/rel atives/advocates Facilities of can be given by interview for the the inmate for the prisoners mulakat. These are people whom he/she wishes to meet at the interview. The prison has designated positions for sociologists and psychologists. They are the NGOs are Welfare Officers who works under the prison department. connected and They are officially informed. Sparsh is a designated the integral role in the process of maintaining program whereby If the prisoner contact between the prisoner the prisoners who has a friend have had no then, such and his/her families. Prisoners having issues family contact prisoners will related to maintaining over a period of have to request time, are given the the contact with families are aided by these Welfare required things Superintendent Officers. from the Prisoners to permit Facilities for Welfare Fund. his/her friends prisoners without They contact the families of They are identified to come for family/friend the prisoners through official by observing the mulakat. contact way in which the and personal means to inform their importance in Prisoner’s Personal Police the reformation process of Account is verification managed by the should be done. the prisoner.

prisoner and The photocopy Prisoners without family through a system- of the same is based analysis of brought along contact are given the money when needed from the the prisoner’s with an ID Prisoners Welfare Fund. details. proof by the friend, for the Some prisoners who are poor and have no source of mulakat. getting money do odd jobs

for the rich inmates and thereby get remunerated in kind for it.

The same facilities as for Facilities of The same other prisoners. However, The same facilities The same communication for facilities as they find it difficult to access the prisoners of as for other for other facilities as for the system due to language other districts/states. prisoners prisoners other prisoners barriers.

Procedure and Gurugram Practice Delhi Dist. Maharashtra Tamil Nadu At times, letters are also not sent as the language cannot be translated. NGOs support NGOs support them. Their Facilities for them. Their illiterate prisoners requests are requests are The psychologists/counsellors reported to the who do not have reported to the play a vital role. NGOs and family contact. NGOs who in turn contact the family. they contact the family. Available for convict women prisoners. Can be availed Facility twice a month VC facility for available for 25-30 for all Inter jail VC facility family/friend No such facility minutes. prisoners on available. communication all days for This is not 10 minutes. available for high-risk cases as per IG’s decision. Contact is only with the respective Embassy.

The visits by the Embassy officials are not frequent. Local contact like Foreign national prisoners relatives and friends are Letters can be are placed in Puzhal Prisons written to the only. This is to facilitate permitted mulakat. Embassy. constant contact with their

The respective respective Embassy. The Communication Calls can be respective Embassy official Embassy officials facilities for the made to the under their responsibility are permitted foreign national mulakat. respective can bring the local inmates. Embassy from contact/family of the inmate

the for the interview. Call facility for the inmates to the Superintendent ’s office only if The prisoner can also make Embassy is the case is phone calls to the respective available for 10 minutes in a week. urgent. Embassy for interviews.

No direct contact with the family.

The Embassy has contact with the family and

Procedure and Gurugram Practice Delhi Dist. Maharashtra Tamil Nadu they inform the inmate about the well- being of their family. No local contact who are non-blood relatives, even if friends are permitted for mulakat. This depends on the discretion of the respective prison Superintendent .

No parole or facility to make calls.

Telephonic Communication between Prisoners and Families/Visitors

Table 4.2. Facilities for Telephonic Communication Gurugram Procedure Delhi Dist. Maharashtra Tamil Nadu and Practice Coin-box phone facility is available for convict prisoners on a fortnightly basis for ten minutes by paying INR 10. For under trail Convict and under prisoners, this is trail prisoners can Through the make a phone call to Inmate Call available at the discretion of Phone facilities any of the 2 Centre, the Superintendent. But are available once registered numbers prisoner can Phone call for 5 minutes daily. make a call for in Yerawada in 6 days for both facilities Central Prison, convict and 5 minutes to under trial prisoners remand Phone calls can be any of the 2 21 made on holidays (as registered can use the coin box prisoners. once a fortnight. well unlike the numbers.

personal meetings). In Yerawada Central Prison, the prisoner is permitted to make two calls a month. The cost charged for the call is INR 10 per month.

Prisoners considered high risk are not permitted to access coin-box facility as per IG’s decision.

No call facility for the foreign national prisoners. Under special conditions, prison staff may call the Embassy.

The phone call facility requires INR 60. After this, A postpaid a prisoner is A postpaid connection and Police verification of permitted to call connection and Phone call identity proof the family any of the three requirements identity proof of of family member’s phone registered family members is members is number is necessary. numbers He/she necessary. necessary. can talk for 9 minutes and the charge for the call is INR 10.

Written Communication Facilities for Prisoners

Table 4.3: Facilities for Communication through Inland-letters and Postcards Gurugram Procedure Delhi Dist. Maharashtra Tamil Nadu and Practice Facilities for written Facilities for written communication are communication are Letters can be sent. functional. functional. Sometimes after However, inmates Letters and mulakat and along However, few from other with the things, chits the responses prisoners have districts/states that can be read by complained that the have complained the staff can also be letters were about its sent. This depends returned from the functioning. largely on the staff. office.

Feedback and concerns of prison staff and prisoners on key practices and procedures Table 4.4: Feedback and Concerns Shared about Practice and Procedure Procedure and Gurugram Practice Delhi Dist. Maharashtra Tamil Nadu Prison staff was positive about it but Prison staff’s response raised security The practice was to video conferencing concerns about for family contact the person the welcomed. prisoner was communicatin g with. Ex-prisoners, Source of information and the Advocates, Police, about the facilities to the families imprisoned ex-prisoners. prison staff. relative. Source of information Other prisoners, to prisoners about the Prison staff, facilities for the other prisoners. Other prisoners. Welfare Officers, prison staff. prisoners Through mulakat, Through phone calls, video conferencing and mulakat, letters. phone calls and letters. Letters are

frequently written Prisoners can send money by the prisoners Through from other home thereby Prison staff’ responses mulakat, districts/states to Through manu, financially about facilities for supporting phone calls, families by buying telephone, prisoners’ contact video a stamp of INR 25/- letter/inland/postcar their family. with family and conferencing from the canteen ds. others Prisoners can and letters. store.

give bakery Inter-jail contact items bought from inside through letters or through video prison to the conferencing or at relatives who come for the the time of court trial. mulakat.

Strained Attitude of Lack of information Persons accused of relations the family, about the prisoner’s rape and other forms between no need for arrest, financial of sexual Responses from prisoner and visiting as constraints, harassment/abuse prisoners and prison family, family the prisoner inhibitions of are unlikely to have staff about reasons not having is well cared families from the family or friend for prisoners not post-paid for in prison, rural areas to come contact. having family phone money can to a city like contact. connection, be sent to Mumbai and When a person gets prisoner not prisoner unavailability of incarcerated, the being able to online as place to stay, societal attitude remember the well – not registration of a towards the family

Procedure and Gurugram Practice Delhi Dist. Maharashtra Tamil Nadu contact requiring the fake name at the itself changes. There number or family to time of arrest and is a drastic shift in address of the visit. hence how people view family, unavailability of ID the family. This family’s proof for mulakat. causes many financial families to distance constraints Video conferencing themselves from the and inability of the court relative in the prison to travel long proceedings that distances to becomes a reach prison. disadvantage to people whose families/friends can come only to the court for the proceedings.

Friends are not given permission for mulakat and hence the only visit possible is at the court.

Women and transgender face stigma and so family may distance themselves.

Many were seen as unwanted by the families.

However the friends played Many were seen as a role in Many were seen as unwanted by their maintaining families. unwanted by their contact. Hence, families Women prisoners’ they were in a responses to reasons There were some for and not having good frame of women who did There were some mind. They women who did not family contact not have family had accepted have family contact contact because of that the families’ financial because of families’ family financial reasons. reasons. disowned them.

There were some who did not have family contact

Procedure and Gurugram Practice Delhi Dist. Maharashtra Tamil Nadu because of families’ financial constraints. There were prisoners who did not have a preference as both the mulakats were Preferences of court Court mulakats good in were preferred to Manu at the prison versus prison practice. was preferred by prison mulakats by the prisoners. mulakat the prisoners. There were few who preferred the prison mulakat to court mulakat. Visitors were not satisfied with the Seemed satisfied. attitude of the staff. Visitors were However, few General opinion of more or less They were visitors raised the the visitors (except satisfied unaware about the concern that the concerns raised family contact procedures. meeting was noisy. earlier) systems They could not see Mulakats have the prisoner clearly been noisy and not as well. peaceful. Prisoners General opinion of appeared Not satisfied. Appeared satisfied. the prisoners satisfied with the system. The pre- Lack of space and booking calls security in the go waiting shed. unanswered. Difficulty in hearing Families find it Long hours of difficult to bring or seeing the imprisoned person travel and children for properly through wait. mulakat. Loss of wages. the jali.

Issues/concerns/sugge Attitude of the Advocates have Inadequate toilet stions raised by the staff is not said that there is a families/visitors helpful. clash of timings for facilities.

mulakat with their Women family Need was felt court timings. to have members from other districts/states are mulakat on The intercoms unable to travel due Saturday and through which the Sundays. conversations take to societal pressures. place, get Lack of disconnected at the awareness moment when the

Procedure and Gurugram Practice Delhi Dist. Maharashtra Tamil Nadu about time is over, ‘postpaid’ irrespective of connections, whether the which was conversation has required for ended or not. availing the phone facility. The intercoms kept for mulakat do not Need for work many times. better toilet facilities Lack of information about the arrest of There was the prisoner or lack of clarity imprisonment. on what can and cannot be Sisters/daughters brought to be who are married given to the were denied the prisoner. chance to have mulakat with the The heavy relative due to the security is change in their quite surnames after intimidating marriage. for the visitors. Visitors who need to take regular medicines and have health issues, find it difficult to manage during mulakat.

Families that come without eating anything have to stay hungry as there are no canteen facilities inside the prison premises. Only bakery items are sold at the prison counter. They do not go out to buy anything from a distance as well, because they are scared that they may miss the name being called and thereby the chance for mulakat.

Suggestions Foreign nationals be provided a

Procedure and Gurugram Practice Delhi Dist. Maharashtra Tamil Nadu facility to communicate with their families through e-mails.

Mulakats should be held on Saturdays/Sunday.

The distant blood relatives/friends may be permitted for mulakat.

At the time of arrest, It was suggested the accused should that an official mobile connection give the details of the immediate be placed inside the family members to prison, which can then be used by the the police personnel. At the time of prisoners who do production before not have family contact through the the Court, the court should also verify mulakat whether the family arrangement. This can especially help has been informed of the arrest by the the prisoners from Suggestions police. other districts/states. from the researcher’s A rule should also be The staff was There is a need to end were made where the satisfied with create facilities and the system in solicited by have special rules prison officials must the staff. The also contact the Feedback/ place. In their for persons with practices, in families or friends of suggestions/ opinion, physical disabilities concerns raised by nothing more their and senior citizens. the inmate and opinion, inform that the the prison staff could be were good. person is in the added, With regard to the practices were There were development of an respective prison. video good. App, it was conference Details of the suggested that the facilities as App be operated interview timings well. and the rights that by the police. This they have to access because the number of police officers the justice system should be detailed. and police stations The rules say that a were more in number than the post card can be sent by the prisoner to prison staff. And his/her family at the also because of the technological time of entry into a prison. However, in facilities available these times when with the police post card is hardly department. used, the utility of

such an exercise is in

Procedure and Gurugram Practice Delhi Dist. Maharashtra Tamil Nadu There was also a itself questionable suggestion that the and hence not contact number to practiced. this be toll free and there be a facility Regarding the issue for the families to of use of fake names choose a time by the accused at convenient for the time of arrest, them for the the Court should mulakat. check that the loopholes be fixed. There was need for Police must verify ramp facility in the the address and mulakat shed. other details before producing the Friends should also accused before the be allowed. Court.

Since the The need for a close infrastructure of liaison between the prisons is under prison officials and ‘Heritage Building’ the Social Welfare more mulakat Officers counters cannot be built. It was suggested that the police staff who does the frisking also be granted regular health checkups.

There was need for all prisons to have specific place to keep the personal belongings of the visitors.

There was need for more hygienic toilets.

Chapter V

COMMUNICATION FACILITIES: PROCESSES, EXPERIENCES AND PERCEPTIONS

This chapter builds on the earlier one, to analyse practice and procedure for prisoners’ communications with family and other visitors, through the perception and experiences of prisoners, their families and the prison staff. The discussion is structured according to the research sites, that is Delhi, Gurugram district, Maharashtra and Tamil Nadu. The discussion concludes with a reflection on three processes surrounding communication facilities between prisoners and their families/visitors – ease of access to meeting/communication systems, drawing a balance between prisoners’ welfare and management, and policy and practice defining these systems.

Delhi Prisons: Tihar and Mandoli Delhi prisons comprises three prison complexes – Tihar, Rohini and Mandoli. The Tihar complex has nine central prisons (Prison Nos. 1 to 9), the Rohini Prison Complex houses Prison No. 10, and Mandoli Prison Complex consists of six central prisons (Prison Nos. 11 to 16). As per the Prison Statistics of India 2017,22 Delhi has the highest number of central prisons in the country. The occupancy rate of the prisons is 151.22%23 and is reported to have the highest overcrowding among Union Territories. The prisons follow the Delhi Prison Manual of 2018 that provides a comprehensive guideline on procedures for the management of the prisons. For the study, Prison Nos. 1, 5, 6 in Tihar and Prison Nos. 12, 14 and 16 in Mandoli were visited. The prison staff, the prisoners (both who had and those who did not have contact with the society) and the family members who came for mulakat the days the researchers were in the field, were interviewed.

The process of registration for a meeting/mulakat It was a regular sight in the early hours of the cold December mornings to see queues of men and women waiting at the prison gates to do their registration for the day’s mulakat. Most of them, covered under layers of warm clothes, held bundles of extra clothes with them to give to the prisoner they had come to meet.

Tihar Prisons followed a centralized registration system where the visitors could register their names with the identity proofs and deposit cash for the prisoner’s use. This was done in a large room called the Central Public Relations Office or the CPRO. There were three CPROs for the nine prisons 24 in Tihar prison complex. These rooms had ramp facilities that catered to the

35 needs for the physically challenged visitors. The system followed a pre-booking technique. By this, a visitor could book in prior their availability for a mulakat on a specific day. This was accessible through both manual and telephone booking facilities. A toll free number was available for those who chose the latter. However, concerns were raised about the extent to which this was accessible as the phone lines remained busy and visitors could not connect in order to book their visit. A visitor said,

Arre Ma’am…nobody picks the phone. You call the entire day, if you have luck, they willpick. They say it is open from 8 a.m. to 8 p.m. for tele-booking, but let me tell you madam, if you want to book your number and not waste time over the phone, just call after 2 p.m. Then there is a higher chance that they may pick the call.

This is not an isolated voice, but one that was uniformly expressed by the visitors interviewed. The website of Delhi Prisons25 however specifies the timings for tele-booking as from 13:00 hours to 20:00 hours. Read together, this may indicate an inadequate level of communication from the staff to the visitor and the need for an enhanced one. Or, the difficulty in reaching tele-booking could point to the need for more time or for more than one toll free numbers allotted for the same. As one of the prison staff said,

The reason why people do not get connected during the tele-booking is because there is just one toll free number and many people calling at the same time. So the line gets jammed.

As per the Delhi Prison Manual, convict prisoners and under trial prisoners can avail the interview facility twice a week for thirty minutes each.26 The General prisoners are allowed to have mulakat from Monday to Friday from 7.30 a.m. to 11.30 a.m. The Special or Kasturi prisoners have their mulakats on Mondays and Thursday from 1 p.m. to 2 p.m. while the High- risk prisoners have theirs on Thursdays and Friday from 1 p.m. to 2 p.m. The women prisoners at Tihar were allowed mulakat twice a week. However, in addition to the general rule that Saturdays, Sundays and Government holidays were not meant for mulakats, the women were not allowed mulakat on Wednesdays as well. On enquiring the reason for the same, the prison staff responded that,

The population was less so there was no need for an extra day. A family can come on Monday and Tuesday or Thursday and Friday or by mixing the days. Wednesday would then be an extra day then.

The mulakat happened in alphabetical order. At the time of admission into prison, the prisoner is allowed to give a list of maximum ten names of visitors who he/she may want to meet as part of their mulakat. This list (which can be amended later by the prisoner, if s/he wishes to) can include their families, relatives, advocates or friends. They are also allowed to make a

36 phone call. For the first mulakat with the after his/her entry into the prisons, the visitor is allowed to conduct it without booking in prior. He/she can go directly to the CPRO and receive instructions for the next mulakat. The procedures on the same are detailed. After the first mulakat, the visitor is required to book their date in advance. This, as mentioned above, can be done through telephone booking or manually at the CPRO.

At the entry gate, the visitor is frisked for any contraband items. The procedure of entry is best explained through the words of one of the visitors who were interviewed.

There are different stages of security checking. At the entry gate, my personal belongings had to be deposited. The things that had to be given to the prisoner is only allowed inside. After the parchee is made at the CPRO, we go towards the prison. Oh! Today I also deposited some cash I had saved from the past weeks for my sister. There is a counter at the CPRO for the same. Money order can also be done, but this is another means of sending money. Since I am already coming for the mulakat, it is an extra effort to go and do the money order on a separate day. So after the money was deposited we come towards the prison. A staff is seated at the mulakat jungla to write down our names and then the parchee is given inside. Then my wait begins. I wait for the staff to come and call my name for the mulakat.

The mulakat jungla The mulakat jungla in Tihar was a large one that could accommodate close to twenty to thirty-five mulakats at a time. The mulakat junglas were connected through intercom facility and the two sides of a counter separated themselves by a glass and iron grill. One of the prisons visited had sound proof walls that enabled privacy in conversations. This was especially noted and considered important in the overall purpose of the system of mulakat because, the level of ease differed in the junglas that did not have these walls. Here, when the researcher engaged with a prisoner, they found that both – the researcher and the prisoner – could hear the background noises on either side of the separation. Their conversation was mostly interrupted by these noises.

The waiting shed before the jungla had seating arrangements for the visitors. The ramp facilities at the jungla enabled access for the differently-abled visitors as well. As visitors were not allowed to bring any personal belongings for the mulakat, push carts with eatables made at the prison canteen were stationed near the waiting shed of the jungla. The visitors had to pay and buy eatables if they wanted. This was especially helpful for visitors as they often came from long distances and had not eaten from the break of the day. Listen in to what a visitor had to say,

This is my first time I entered a jail. My son is inside. We are coming from Bihar and I was very anxious about his well-being. I only wanted to see him. In this biting cold, I don’t know if he ate, whether he slept. In this tension, I forgot about my health. I take regular medicines and I am advised not to miss meals. But I totally forgot about all that and I started feeling very weak. My son (points at the man next to her)

brought some snacks from the cart outside. It made me feel better. I am still anxious about my son, but at least I have some food inside me to gather the energy to talk. I have to ensure that I don’t cry in front of him…

There were washrooms in the waiting shed. However, researchers were not able to see if it was functional one or not. A visitor in one of the prisons responded so.

It is so cold and we still have to wait outside in the open. This was because the smell in the shed that came from the stinking toilets was so suffocating that we were left with no option but to be outside and bear the cold. If the prison staff at the shed was an approachable person, he/she would let us stand inside the mulakat jungla for a while until the prisoner came. But today’s staff is not an approachable one. Each time we got inside to warm ourselves, we were asked go out and wait in the waiting shed instead. The staff couldn’t understand our plight.

Facilitation of mulakat Regarding the process of facilitating mulakat, the staff added that once the names were registered and the parchee (receipt) was issued, it had to be handed over to the staff by the visitor. This was taken inside the prison and the prisoners who wish to be visited were summoned for the same. There were different practices to facilitate the mulakats. In one of the prisons, it was observed that the staff/sewadar 27 wrote on the palms of the prisoners. When asked about why numbers were written on the palm of the families and that of the prisoners, he said,

That is the number of the counter where it will happen, so that the family and the prisoner come to the same counter and not move around searching for the relatives. This is a trouble when the place is especially crowded.

It was clarified that the registration done either through manual or telephonic means only fixed the date for the mulakat, the time for the same was not a choice that the visitors could make. Irrespective of whether the visitor finally comes for the mulakat or not, the registered day is considered as completion of mulakat. If the visitor fails to come, the prisoner gets short on one mulakat in that week. One of the prison staff said, ‘Today there were 146 bookings while only 70 actually came. The others will lose one chance of theirs for mulakat in the week.’

After the mulakat, the visitors exchange the things that they had brought for the prisoner, through the counter specially allotted for the same. The Indo-Tibetan Border Police (ITBP) or Tamil Nadu Special Police (TSP) personnel take charge in this section of frisking. Experiences of the staff in these times were also noted. Prisoners were allowed to transfer things they bought from the canteen within the prison, to the visitors who came to meet. As one of the staff narrated:

Those are very emotional sights to see. Sometimes the prisoner hands over things from inside. There was once an incident where a prisoner ate half a biscuit and gave the other half to his lover with whom he had a mulakat. We also see young girls come with their aged grandmothers to visit the father. It looks as though the young girl suddenly grew old with the experiences and have to now take care of the family as well. These are emotional sights even for the staff inside these uniforms.

Items allowed to be given during mulakat Many families of prisoners perceived the security checks as being very strict at every point. There was lack of clarity regarding the things that can or cannot be transferred. The prisons followed specific criteria of things that can be allowed (for example, single layer blanket/jackets). This was a call of judgment taken by the staff who frisked the items. The families were concerned that there was no surety that what may be allowed from the main gates could finally go through the counter at the mulakat jungla. A mother of a prisoner who had come to meet her son said,

I had specifically asked the shopkeeper to get the single-layer jackets and it was yesterday at 10 p.m. that he had called to tell that the jacket was ready. I had then gone in the night itself to get that. Now however there was a confusion whether it will be allowed inside. The staff is saying that it is not a single layer. I have been here for the mulakat many times and have also transferred things. I have also transferred a similar jacket earlier. Now they are not letting this inside. I have to return with this back home.

Procedures within the prison for mulakat The prisoners are placed in the English alphabetic order in the prisons in Mandoli. Hence if the visitor does not know the UTP/Convict prisoner number or the prison number that the relative is in, he/she can simply tell the name of the prisoner to the staff at the counter for registration. The prison number and the UTP/Convict prison numbers are traced hence.

The prisoners (both men and women) seemed satisfied with the procedures for mulakat. They said that once the visitor came and the parchee is received inside, the names were announced through the Public Announcement System (PAS) and notices put up. After the mulakat, the things that the visitor brought were transferred through the counter. The things are frisked for security in the presence of both the visitor and the prisoner, thereby ensuring transparency. A prisoner said,

I can give things I buy from the canteen to the visitor who comes to meet me. This is also one form sharing love and care. Both of us feel loved. Sometimes, if the language is one that can be understood by the staff, letters are also let in. I have felt very warm after this. It makes me believe that I have a chance to hope for something better... that I have a person/family to look forward to. Doesn’t that give meaning to life in itself?

Just as the prisoner is allowed to register the names of ten people (at the time of entry) who he/she may want to meet through mulakat; he/she is also provided the facility to change the names in the list, at any point of incarceration.

Mulakat with children, persons with special needs and the elderly While mulakat facilities in Tihar for visitors who are children or people with special needs, was not listed in rules, one woman prisoner reported a special mulakat with her child at the discretion of the Superintendent of the respective prisons. Visitors who are physically challenged and for whom the current system is still inaccessible, need to seek special permission from the Superintendent as their needs are not recorded in the Manual.

One of the prisoners who had an infant raised the issue that children cannot be touched but can be seen only through the glass. ‘We should be allowed to touch our children at least once a month’, he said.

Inter-jail mulakats Inter-jail mulakats for blood relatives within Tihar prisons are conducted on all Saturdays. These are face-to-face interviews and the men go to the women’s prison.28 Visitors who however have more than one prisoner to meet in Tihar, have to make multiple visits for the same. A mother who had both her children in the prisons said,

Both my son and daughter are in the prisons. They are in two different prisons. Now, I have a very bad knee that doesn’t take me forward for more than half an hour. Since I cannot meet both of them on the same day, I am forced to come twice a week. Certain weeks I simply cannot get out of the house due to the pain. Hence if I manage to meet my daughter, I tell her to convey my details and pain to her brother when they meet on Saturday.

Hospital mulakats For medical requirements, prisoners were admitted in the Jail Hospital.29 If the concerns were more serious, he/she was transferred to All Indian Institute of Medical Sciences (AIIMS) or Deen Dayal Upadhyay Hospital (DDU). The visitor at the time of registration was not informed about the hospitalization of the prisoner. A prison staff said,

The visitor is informed of the situation only once he/she/they reach the prison and registers for the mulakat. If the prisoner returns by the day, the visitor is asked to wait in the prison as the mulakat will take place within the premises. However, if the information we receive is that he/she will be hospitalized, the visitor is allowed to go and meet the prisoner in the hospital.

Reflecting the importance of meeting prisoner relatives during hospitalization, a family member said, ‘It is important that we visit the prisoner during the period of illness. It is during

40 those times that one is ill, that we miss our relations or friends the most. That is the time we need the most support ’.

Prisoners without contact with family Prisoners without any forms of family contact are covered under the Sparsh Program initiated by Tihar Prisons.30 Under this initiative, the prisoners who have had no family contact over a period of time, are identified by monitoring their Prisoner Property (PP) account and their personal details. They are given assistance in the form of monetary and clothing requirements, from the Prisoner’s Welfare Fund of the prison. The rationale behind this initiative is that prisoners without any form of contact lack not just the emotional support, but financial and other material needs that come through money orders as well. In order to fill this void that develops over a period of time in the minds of the prisoners, the program is developed and accessed by all the prisoners without contact with families. A few prisoners without family contact who were interviewed responded that they had received jackets for the cold, through this program.

The support of NGOs for the prisoners is also encouraged in the prisons. However, the staff themselves is officially assigned the duty of contacting the families if the prisoners have requested the same. One of the staff responded that,

Requests are also made by certain prisoners, that they haven’t had family contacts yet and that they wish to meet the family. When we find out that it is true, we officially go to their homes and inform family to come to the jail for the mulakat.

Prisoners form other districts/states31 and foreign nationals32 Prisoners from other districts and the foreign national prisoners also avail the same facilities for mulakat. The foreign nationals are allowed to have mulakats with their respective Embassy and also with their local contact. They can also make a call once a week for a duration of ten minutes. One of the respondents said:

I am originally from South Africa and my friend has been in prison for a few months now. Getting permission for the mulakat was not a problem as he had given my name as well in the list. I had to bring my local residence address and a copy of my residential lease agreement as an identity proof. This is my first visit to the prison and so I am not much aware about how it is inside. However, I did not face a lot of issues while entering. From his family I came to know that the phone calls are not regularly done as the staff may be unavailable. Hence he misses to make calls in certain weeks. Foreign nationals get more isolated in prisons. E-mail facility if provided can be one way for people like us in the prison to contact our families that live in far off lands.

It was observed that owing to geographical distances, prisoners from other districts/states had fewer mulakats than the local prisoners. They however, had contact through the phone call

41 facilities and still remained in touch with their contacts. Few of them also indicated that they had no contact with their families since the time of incarceration as they did not know the contact numbers.

Inmate call center and letter/inland/postcard facility Both the under trials and the convict prisoners were allowed to make phone calls for five minutes daily through the Inmate Phone Call system. Two contact numbers that have postpaid connections can be registered under each prisoner. It is to these numbers that he/she is allowed to make calls. This is a facility that is used by most of the prisoners and it was observed to be highly efficient in serving the purpose of maintaining contact with the families/friends. This could be used even on Government holidays and on weekends, unlike mulakat that was allowed only on weekdays. The prisoners from other districts/states and other prisoners who could not have weekly mulakats were heavily dependent on this means of communication.

However, there were responses that it was inaccessible for some as the numbers had to be postpaid. One respondent said,

I tried telling my father, who travels a long distance to reach here, to get a postpaid connection. But he didn’t understand the meaning of postpaid connections and became very confused. There is no one in the house who could understand the meaning of it and how to get a postpaid connection.

Letters/inland/postcard facilities were used by the prisoners and hence continues to be a functional means of communication in the prisons.

Prisoners who did not have contact with their families, friends or relatives through any means, cited the strained relationships with them as the reason for the same. For some, the requirement for postpaid connection for the receiving number hindered the accessibility of contact. Financial constraints and lack of knowledge of the address or contact numbers of their families or friends were other reasons reported for no contact. Women prisoners who faced social exclusion and were victimized through this process, were seen to have better mental frame of mind than in other prisons. This was because the system allowed friends as well to come for the mulakat. Hence though they met their families less frequently, friends were a source of emotional support for them. This observation applied to male prisoners who had no families as well.

It was observed that the system of enabling family contact of prisoners in Tihar prisons was accessible to both the economically vulnerable and capable classes. The prison staff was seen to be sensitive to the need to maintain contact between the families and the prisoners. They were officially designated the duty to enable them as well. A prison staff shared that if they noticed a prisoner who did not receive or have contact for a few weeks, there were efforts

42 made by the staff themselves to contact the family. This may be through visits to the house or through phone contacts. If the prisoner did not know about the location or the number of relatives/friends, the NGO or the police is informed about the same.

Through the interactions with the prisoners and the visitors in the limited period that the study was conducted, it was observed that the system in Tihar was one that enabled the participants to maintain contact in an effective manner. There however, remains more room for improvement even within the system.

Gurugram District Prison The Gurugram District Prison was visited as part of the study to understand an innovative software that was developed internally by the prison authorities, with the help of a prisoner who happened to be a software programmer. Hence only the prison Superintendent was interviewed. The procedures followed in this prison were similar to those practiced in Delhi. However, the difference in the Gurugram District Prison was that they depended on a reliable software that facilitated a smoother management of the various functions in the prison.

This software that was developed did not require the internet but had an independent server. It was used to manage the everyday functions in the prison. The daily records of the prison staff and the prisoners were recorded in the software. It was accessible for the prisoners as well. The changes made by any prison staff were verified by other staff and thereby it reduced the chances for errors. It also helped in reducing the amount of manual paper work in the prison. A prisoner’s location in the prison could easily be traced with this software. At every point, entry and exit of the prisoner at any barrack or any other centers were noted through a biometric system. For example, if an prisoner went to the medical center, his admission there was duly recorded through the biometric system. The record also shows the details of the medicine prescribed by the medical staff. This was saved in the profile details of the prisoner and could be verified at any point. If the prisoner made a purchase from the canteen, the details were also duly recorded. Thus, from the point of entry to the time of release, the details of an prisoner can be recorded through this software, hence reducing the amount of manual paper work in the prison. These details were also used as information during court hearings, if required.

This system was used to facilitate the mulakat as well. The timings for mulakat in the prison was from 8 a.m. to 2 p.m. while the mulakat with the advocates were held from 4 p.m. to 5 p.m. The mulakats were held in an alphabetical order and hence specific days were assigned for the mulakat of certain prisoners whose names begin with that day’s alphabet.

Pre-booking facilities were available at the prison, and after the parchee was issued, the visitors had to wait for their names to be called. The software came into use at this stage. As soon as the visitor registered for a mulakat, the prisoner was traced through the system. At the place of his last entry, the prison staff stationed there was notified about the arrival of a visitor for the concerned prisoner. The prisoner is informed of the same and about the visitor who had come to meet. If the prisoner was willing to meet the visitor, the biometric system was again used to register the same. Once the prisoner shows willingness to meet the visitor, the latter is called upon from the registration shed and asked to wait at the waiting shed besides the mulakat jungla.

Once the prisoner entered the jungla and occupied the counter, the visitor was invited inside for the mulakat. The jungla was air conditioned and had counters with phone facilities. The prisoner and the visitor were separated by a thick glass. The timing for each mulakat was 20 minutes.

There were no specific provisions for the mulakat with children. They had to do the regular mulakat. The visitors who had special needs were to receive permission from the Superintendent for a special mulakat. This was held in the Superintendent’s or the Jailor’s office and largely depended on the discretion of the Superintendent. However, the Superintendent reported that the mulakat with the children was mostly held through the Video-Conferencing facility.

Online transactions along with other existing means were also encouraged to facilitate the families/friends to deposit money in the prisoner’s accounts. Apart from the mulakat system, there was also an Inmate Call Center, where any prisoner could make calls for five minutes daily. Video-Calling facilities were reportedly available in the prison.

When asked about prisoners who had no family visiting them, the prison staff appeared to believe that perhaps the prison facilities are such that it does not require family visits. The prison staff opined that,

Certain families rightfully think that their relatives in the prison were better off than they themselves were because the prison provided them with all requirements. The families outside the jail had to however fend for themselves … so why come? … The other reason that brought visitors was to deposit money in the prisoner’s account. Now that this has been made available through online transactions, the number of families coming for the mulakat has reduced.

Maharashtra: Mumbai, Byculla, Thane, Kalyan and Yerawada The Maharashtra Prisons are constituted under the Prisons Act, 1894. For the purpose of administrative governance, the prisons in the state are divided region-wise: Southern, Western, Central and Eastern.33 The rules that guide the functioning of the prisons in the state is the Maharashtra Classification of Prison Rules, 1970.

According to the Prison Statistics 2018,34 the state has 35,884 people in its prisons. The prisons face 148.9% of overcrowding, thus constituting the fourth most crowded prisons among the states. The state has the most crowded women jails in the country (159.2%). With 1348 other state domicile convicts, the state ranks the highest among other states in terms of the occupancy in this category. The prisons also have the highest number of under trial prisoners who hail from other states. There are more than 500 foreign under trial prisoners in the prisons.

As part of the study, four prisons in the Southern Region and one in Western Region were visited. In the Southern Region, Mumbai Central Prison, Byculla District Prison, Thane Central Prison and Kalyan District Prison were visited. In the Western Region, Yerawada Central Prison was visited. In these prisons, the prison staff, prisoners who had family contact and those who did not have contact (as per the permission in the respective prisons) and the families of the prisoners who came for their interviews/mulakat on that day, were interviewed.

Procedures The prisons in Maharashtra follow a system where the under trial prisoners (UTPs) were allowed interviews/mulakat with their families once a week and the convict prisoners were allowed the facility once in fifteen days. Other facilities that were present in the prisons included phone calls and letters. The prisons in the state that were visited as part of the study, were observed to be following varied procedures with regard to the facilitation of communication between a prisoner and his/her family.35 A prisoner who had been in prison as an under trial for more than two years said,

My family members come once a week to meet me at the mulakat shed. Though I know it is troublesome for them to travel from the house and to wait outside for a long time with no facilities, both of us are happy that we met. It helps me stay happy inside for the week. I wait for the next mulakat eagerly.

She added by saying,

I, at times, feel sad that my family has to come early in the morning and wait outside for hours. They may or may not have eaten anything while starting from home. They mostly stay hungry through the day as they wait. Even drinking water facilities are not there at times. Despite all these troubles, their eyes fill with joy as they see me. I am happy when the staff calls out my name through the microphone saying that I have a visitor. It is the time that we breathe.

These were words and emotions that many prisoners who had contact with their families spoke of. Mulakat, a means that of all the other facilities was mostly utilized by the prisoners, was conducted in two sessions. The registration for the morning session began from 8.30 a.m. and extended to 10.30 a.m. while the registration for the afternoon session began from 2 p.m. and ended at 3.30 p.m. There was no specific practice in timings across the prisons and hence this varied from prison to prison. The special timings for mulakat of the prisoners with their advocates were either varied or absent across these prisons. As one of the family members who had come for the mulakat said,

I came here for the mulakat, and they said that the timing for registration was over. Now I have to wait for the afternoon session. My child was earlier in another prison and I had conducted mulakats even there. I had come here thinking that the timings were the same here. This is my first visit here and so didn’t know the timings.

It was a regular sight to see the area near the waiting shed occupied with people. These were families who were waiting for their names to be called or ones who had missed their chance to register and hence waited for the next session of registration to begin. An aged mother who came with her daughter-in-law for the mulakat said,

I always came with someone as I didn’t know the way till here. This is my third visit to this prison for the mulakat. The other two times, I was able to meet my son. But this time I got late by fifteen minutes and was asked to wait for the next session. I didn’t know that there was timings for registration. It is today that I came to know of the timings. I hadn’t eaten anything from the morning and it seems that the wait will continue longer.

Facilities The extent of basic facilities for the families that came for the mulakat also varied from prison to prison. There were prisons that provided ramp, toilet facilities and snacks items to eat, while there were also prisons that gave a very sorry picture for the families with either toilets with no water, or with no toilet facility in itself. Some prisons lacked enough infrastructure to provide for seating arrangements for the families or a shade to stand under. As one of the family pointed out,

We have to stand here irrespective of the weather conditions. We squat on the ground when our legs pain. This continues the same way even if it is the monsoon or the summer. There is no provision for clean drinking water but there is enough water in some jails to decorate the premises with flowing fountains.

While drinking water facilities were present in some prisons, these were absent in others and the visitors had to resort to buying from vendors that sold it privately within the prison premises.

The registration of names of the family members coming for mulakat, was done using a computer in most of the prisons visited. However in a few prisons, this was done manually owing to the failure of the computer system. These prisons saw a great deal of effort by the prison staff to facilitate the mulakats. They manually wrote the names of the prisoners and visitors to be called for each session on paper and coordinated it with the other staff physically. After the registration of names for the mulakat, the family member had to wait until the names were called. This was announced through a loudspeaker or manually by a prison staff. The families that waited for their turn shared experiences when the names were misplaced. One respondent said,

The last time I came for the mulakat, my name was not called even after hours of waiting. I had registered my name with the valid ID proof and they had written them down as well. However, after a few hours of waiting I went and asked them why they hadn’t called my name, they complained that my name was not even registered. Later, they looked up the registers and noted that my name was duly registered but as it was done manually, the paper containing my name was misplaced and did not reach inside the prison.

The families were not aware when their turn for mulakat would come and hence mostly sat anxious. They were reluctant to even move as they thought that the staff would come any moment and their names would be called then. They constantly feared that they would miss the chance to have the mulakat and hence did not venture out to eat. The families mostly stayed hungry through the waiting period. Most of the families found it very difficult to access the system. A woman said,

This is my first visit to a prison. I have come to meet my daughter. I did not even know she was arrested. She lived with her husband and child away from my home. After many days of no calls, I ventured out to see what she was up to. That is when I came to know from her neighbors that the family was arrested. I went to the police station to enquire and they told me she was transferred to the prison. They told me that I could go and meet her. Yesterday, I went to clarify the ID proofs that I should bring along and that is when I came to know that she was in this jail and not in the one that I was about to go to.

The attitude of the staff had a direct impact on the level of accessibility of the system for the families. A family member shared,

I lived my whole life as a housewife and never ventured out to see the world. My world was the house. After my husband’s death, it was my children who took the responsibility. But after my daughter’s imprisonment, I had to take it up. I vividly remember the first time I came here. Even the name of this place was unknown to me. I did not know the trains that I had to catch to reach here. Even after reaching these gates, I was trembling. I was told that the time for registration was over and so I kept waiting. I hadn’t eaten anything and didn’t have the money to buy anything from outside. I was also scared if I would lose my way if I stepped out of the gates. So I stayed inside. I did not know whom to ask for directions to reach back home as no one seemed to notice me in here. After a while, some kind woman who had come for her mulakat, offered to guide me through it. The entire time I came here, I was concerned

not just about meeting my daughter but also worried about how to reach back safely. The staff also kept a distance and I didn’t know whom to ask. That woman who came to guide was a blessing.

Timings for transfer of things to prisoners The timings to transfer of things (like clothes) at the mulakat also varied from prison to prison. While some prisons in the state allowed for it on any day, others restricted it to a specific day or time. For instance, in Kalyan District Prison, the clothes could be transferred only in the first half of the day of mulakat, while in Byculla District Prison it was allowed at any time but only on Wednesdays. In Yerawada Central Prison, the prisoner had to give it in written format, the things he/she required from the families. If these clothes were deemed necessary by the Warden or the Jailor, it was allowed to be transferred from the family to the prisoner.

Meeting Room The mulakat room in the prisons that were visited, were mostly too small to hold the large number of people that came for the mulakat at a time. These rooms lacked ventilation and were mostly crowded with people. The family could communicate with the prisoner through a phone kept at each of the counters. The prisoner and the family member were separated by glass and grill. This issue of the lack of space and infrastructure for the mulakat room was one that was raised by many of the staff who were interviewed. The concern of over population, under staffing and insufficient infrastructure continues to curtail the abilities for improvement in the prisons. This affects the time and quality of mulakat as well. As one of the staff responded,

Owing to the large population and lack of infrastructure, we are left with no option but to cut short the time for each mulakat. When the number of visitors are high on any day, the time of each mulakat is reduced from twenty minutes to ten minutes.

Mulakat with children Galabhet is a program was initiated by the Maharashtra Prisons Department, wherein the children of prisoners could spend quality time with their imprisoned parents. This36 was an initiative of Shri Bhushan Kumar Upadhyaya who was the then Addl. Director General (Prisons) who visualized this concept with a belief that there has to be a constant communication between the imprisoned parents and their children left outside and thus got it implemented. This programme is conducted once in 3 months where the children are invited to come and meet their parents in prison.

The galabhet program is conducted as follows:

▪ The date of the galabhet programme is discussed and decided along with the prison authorities.

▪ A list of the children below 18 years of age of both the male and female prisoners is prepared by the social workers.

▪ The social workers inform the respective families/guardian with whom the children are staying about the galabhet programme and inform them to get the children along with their personal identification documents.

▪ With regard to the institutionalized children, a letter from the prison authorities is submitted to the respective CWCs informing them about the galabhet programme.

▪ On the respective day of the galabhet, the personal identification documents are checked by the social workers, and the children are permitted to enter the prison.

▪ The imprisoned parents are brought out of the barracks in the open space inside the prison to meet their children.

▪ A pandal is set up in the open space inside the prison for protection from the sun and to create a homely and welcoming environment inside the prison.

▪ Some activities like singing, dancing, drawing, craft, etc. are conducted for the children in the presence of their imprisoned parents.

▪ A gift is sponsored through an NGO to the children through their imprisoned parents.

▪ The older children are requested to talk about their experiences and feelings related to the galabhet programme in the presence of their imprisoned parents and prison officials.

Apart from this programme, on the second and fourth Saturdays of every month, children of prisoners who were upto fourteen years of age could meet their imprisoned parents face-to-

49 face. Children upto two years of age were brought in by their guardians. The documents proving the blood relationship were required.

However, families that came for the mulakat were observed to be unaware about the facility for face-to-face mulakat. A child studying in the seventh standard, who had come for the mulakat on a regular day said,

I am not aware about this. Yesterday I had gone to meet my father in another prison and so had to take a leave from school. Today I have come to meet my mother and took half day leave from school. I did not like being inside that room yesterday. It was very dark and I got scared. I could not see my father properly. To me, it seemed like he was in complete darkness. I got frightened and cried. Today I have told myself not to cry when I see my mother. I wish there was a chance for me to sit near my parents and talk to them. I want to hug them tightly.

Convicted women prisoners of Yerawada Central Prison could avail the video-conferencing facility twice a month to communicate with their children living outside. Each call could last for 25 to 30 minutes. This facility however, was not available for the High Risk prisoners.

This facility for video-conferencing was however, absent in other prisons in the state. A social worker who aided the video-conferencing facility for a woman imprisoned in one of the prisons in the state, with her child who was in another state explained her journey thus.

I had seen this woman in the prison. She said her child was with her parents in a different state. She had not met the child even once in the eight years of her imprisonment. The child could not come to the prison as it was long distance and her family was not agreeing to it. Since there was no mention about this in the rules, I had to go through long procedures. The concerned authorities were approached but I got negative responses. Finally, I went to the state where the child lived and approached the District Collector. The importance of a mulakat between the mother and the child was explained to the authorities. Seeing the point, permission was granted by the District Collector for video conference. With the support of the Child Welfare Committee and the Child Protection Officer, the family was approached and the opinion of the child was enquired. As the child was willing to meet the mother, the child was brought for the video conference mulakat the next day. It was coordinated with authorities in the concerned prison in Maharashtra. Thus, the woman was able to interact with her child after eight years.

Visitors with special needs and the elderly The waiting room and the mulakat room were not friendly to the people with special needs. People with special needs have to specifically request the prison Superintendent for the mulakat. These mulakats depended on the discretion of the Superintendent and were held in the office of either the Superintendent or the Jailor.

Inter-jail Mulakats Inter-jail mulakats were allowed on the second and fourth Saturdays of every month, for ten minutes, and was enabled through the video conferencing facility. In prisons where the blood

50 relatives were in a nearby prison, the inter-jail mulakat happened face-to-face. The women prisoners went to the men’s prison for this. The location of this mulakat depended on the facilities in the prison due to which it differed from prison to prison.

Hospital Mulakats If a prisoner was admitted in the hospital,37 the families, after receiving permission from the concerned prison, were allowed to meet him/her. However, no eatables in the form of fruits or cooked food are allowed to be transferred to the prisoner.

Prisoners without Contact with Family Prisoners who did not have contact with their families through any means, were interviewed as part of the study. Many women prisoners who did not have contact with their families shared their reasons for the loss of contact. One of them said.

I have been accused of a crime and am undergoing the trial. None of my family members come to meet me because they have abandoned me. You see, a woman’s life surrounds around her family. First it is her parents, then her husband and then her children. This was my story too. But after I was charged for this crime, all my relations have abandoned me. My children don’t want me anymore. My daughter’s in-laws threaten her that if she came to meet me, she will have to get out of their house. None of my sons come to meet me. When a woman is accused of a crime, it is seen differently in the world. I am seen with disgust. I feel very sad about this when I know I have not done the crime. My cousin is the only one to support me. But since the rules say that only blood relatives can come to meet in the mulakat, I can’t meet her. Her surname is different and so is not allowed entry. I have no one else in this world to support me. I used to meet her in the court, but that has also been less frequent because the police personnel to escort are less. So basically, at this point of time, I have no connection with the world outside. I don’t have any relations, no children and no money for my expenses here. I feel lost.

Another woman said,

I come from a distant village. And there a woman accused of a crime is seen as an evil eye I was boycotted from my village. No one come to meet me and I don’t expect any of my family members to come also. Even if they wanted to, they will not be allowed to in the village. But sometimes I feel very sad. When you are in prison and you come to know or you feel that there is nobody out there for you, you lose the hope to even live. Mulakats make you think that there is hope and you can come out one day and there are people for you. Sometimes I wish I could meet someone. There are friends of mine in this place also. But I cannot meet them either.

A man who was imprisoned in one of the prisons said,

I only have an aged mother as a family. She has not seen a prison. She hasn’t come to meet me because she is physically weak and doesn’t understand these formalities either. I had been falsely accused in a case and am awaiting the hearing. Many at times, I am not produced before the court as there is a lack of police personnel to escort. In spite of this, over a period of time, I have now been acquitted of one charge. There is just one more charge that I have to be produced for. I am positive that I will be acquitted from that as well. However, my old mother does not know anything about the case

proceedings. I don’t have any means to inform her either. If I could contact her, I would like to tell her that there is space for hope. That I will be acquitted and will be freed, that she should wait and live in hope rather than in despair. I wish I could tell her this loudly.

The prison staff stated that the NGOs worked for the prisoners who did not have family contact. Though there were some personal efforts from the staff for them, there was no formal regulation for it.

Foreign Nationals in Prison38 The foreign nationals in the prisons visited had experiences to share regarding their incarceration. Most of them did not have any forms of contact as they did not have families residing in the country. Their local contacts or friends were mostly denied permission to conduct the mulakat. This facility varied from prison to prison as it entirely depended on the discretion of the Superintendent.

However, as per the rules in the Maharashtra Prison Manual, only blood relatives were allowed for any forms of contact. After completing long procedures,39 the foreign national can have contact with the local friend, however this is a time consuming procedure. The visits by the Embassy were not frequent as well, hence the foreign national did not have any forms of contact. They were allowed to make calls from the Superintendent’s office to the Embassy only in times of emergency and only after the Superintendent also deemed it as emergency and approved for the same. These prisoners also have no money to support them inside the prison and largely depended on the benevolence of other prisoners.

A prisoner said,

You see, we foreigners depend mostly on the friends. We understand what it means to not have family here. So the friends are the biggest moral support for any foreigner. Friends become the family.

Another prisoner shared,

I have no mulakat, no money, not anything. Friends are our only contact in this foreign land. When entry into the prison also depended on a lot of procedures and approvals, how are we to get out of the prison? Friends are our only family here. How do we prove that? The Embassy came only twice the last year. I cannot contact my family directly as the rules do not allow. The Embassy contacts them on my behalf. From them I come to know how my sick father is and how my young sisters are doing.

The foreign national prisoners in many ways face similar issues (e.g. challenges in communication, seeking help from lawyers and social workers) as the prisoners who are non- English speaking prisoners who hail from other districts/states (as it appeared that English speaking prisoners may have an advantage). Though the former group can communicate

52 their needs to the administration upto a certain extent while the latter cannot, still both the groups face hurdles in accessing their rights.

Phone-call Facilities Prisoners in Maharashtra are allowed access to the phone calling facility. They are allowed to make phone calls once a fortnight for 5 minutes which costs INR 10. Police verification of the receiving number is done, after which the facility is allowed to the prisoner.

Letter/Inland/Postcards Letter/inland/postcards were also allowed to be sent by the prisoners. However, during the interviews, a few prisoners repeatedly said that their letters returned back. The staff had informed them that the address was changed due to which the letters returned back. Letters were mostly sent by the prisoners hailing from other districts/states as their families could not make a visit to the prisons. The response that the home address had changed worried these prisoners further.

Meetings with Advocates Advocates who had come for the mulakat also raised their concerns related to the need for regulated fixed timings for them. The lack of fixed time and space for the advocate mulakat in the prisons often clashed with their timings at the courts.

Concerns Raised Many of the families who were interviewed raised the concern of lack of space and security while waiting. Some of them were deterred from bringing their children for the mulakat because there was no safe space for them to move around. An aged woman who had brought her grandson said,

See the road is just close by. How can I leave these small kids in the shed and go to get the token! The boy can run around and fall onto the road also. The only reason why I brought them was that they don’t forget how their father looked like.

Some families also suggested that keeping mulakats on Saturdays or Sundays would benefit the school going children to meet their parents or loved ones. Further, families that came for mulakat on a regular basis said that if due to some medical or personal reasons they had missed the week’s mulakat, there was no means of informing the prisoner that there was no reason to worry and that they would come for the mulakat the week after. They said since there were no alternate means of communication accessible for the prisoner, he/she mostly worried the entire week thinking why the family member had not come. The families also suggested that the rule not be restricted to immediate family but be extended to also include

53 the distant relatives. One of the social workers observed that only one means of communication could be accessed by the prisoner in a week. That meant that if a prisoner had a mulakat in a week, he/she/they could not access any other means of communication for that week.

The research team observed the practice of the rule for allowing only blood relatives for the mulakat. Women who were siblings of the prisoners were denied entry for the mulakat because post their marriage, their surnames changed. The matching of surnames was the criterion for establishing blood relations and hence many married women who were siblings or daughters to the prisoners were refused entry.

The researchers observed that many prisoners did not have any means of contact with their families for a long time because the families were not aware about the arrest and about the incarceration. Financial constraints, physical distance and social stigma affected many prisoners’ access to family contact. A few prisoners also said that they had registered fake names at the time of arrest and even if their families came for the mulakat, they were denied permission, as the ID proofs did not match identity. Most of the under trial prisoners preferred court mulakat to the prison mulakat as the prisoners who did not have immediate family visiting them, could meet their friends in court. Many other prisoners also responded that they could have a face-to-face mulakat with the families in the court and hence felt it better than in the prison where many times, phones get disconnected or do not work and hence it took a very long time for the mulakat.

Suggestions The prison staff who were interviewed recommended that an App be developed through which the mulakat could be pre-booked with a choice of time slot. They proposed that this App be managed by the police as they are not just more in number and presence but also more technologically advanced than the prisons.

Considering the over population in the prisons, more video conferencing facilities for a virtual mulakat was also suggested as the need of the hour. The staff said,

Through this facility, more television screens could be placed in a room for the visitors. The prisoners could talk to their families virtually from within the prisons. This when done along with the existing system, can increase the number of mulakats in an hour and also give required time for each mulakat. Another facility for the migrant population could also be the video conference. Considering the concerns for security, it was suggested that Collectorates or police stations be equipped with rooms for the same whereby families living nearby could choose to meet their relative virtually through the screens placed at the Government designated offices. This reduces their need for long distance travel that they usually do trading off their daily pay, for the mulakat. The prisoners should also be given the option to choose the person he/she wishes to talk based on priority.

It was suggested that an official mobile be placed in the prison through which prisoners who do not have family contact can contact their families. Presently, this is done through personal efforts of the prison staff. By introducing it as a rule, it becomes a right of all prisoners. This especially enables the prison population who hail from other districts/states.

The need to make the prisons friendly to people with special needs was emphasized by the staff. Rules need to be introduced whereby all get equal access to the system and do not depend on the discretion of the staff.

Overall, the need for more facilities were reiterated by the staff. This thereby called for more infrastructure and more staff to manage the prisons that are overpopulated.

Tamil Nadu: Puzhal, Thiruchirappali and Coimbatore The Prison Department of Tamil Nadu follows the Prisons Act, 1894. The rules prepared under the Section 59 of this Act, Tamil Nadu Prison Rules, 1983, are followed for the Inspection, Superintendence and Management of the prisons in the state. Chapter Five of the prison handbook states that this department was formed with the twin objectives of maintenance of strict security and discipline inside the prisons and implementation of different reformative and correctional programs for the prisoners.

With 138 jails, the state ranks the highest in the number of prisons in the country40. According to the Prison Statistics India (2018), the occupancy rate was 60 percent. The state has the highest number of women prisons, however the occupancy rate in these prisons is the lowest at 25.8%.41 The prisons in the state lodge the second highest number of convicts in the country for charges of offences committed under the SC/ST related Acts.

As part of the study, visits were made to Puzhal Central Prison I and II, Special Women Prison, Puzhal; Thiruchirappali Central Prison; Special Women Prison, Thiruchirappali; Coimbatore Central Prison and Special Women Prison, Coimbatore. The prison staff, prisoners with family contact and those who did not have contact, and families of the prisoners who came to the prisons for family contact, have been a part of this study. The visit to the prisons in Tamil Nadu offered experiences that enriched this research in itself. It introduced a perspective that otherwise would have gone missing in the efforts to understand a system that was tightly bound by rules and responsibilities.

Procedures The prisons in Tamil Nadu had facilities for interviews, call and letter/inland/postcard to enable the communication of the prisoners with their families. The days of the week were allotted between the Remand Prisoners (RP) and Convict Prisoners (CT) for their manu (interview/meetings). The Remand Prisoners could have their meetings on Mondays, Wednesdays and Fridays while the Convict Prisoners and the persons charged under Tamil Nadu Prevention of Dangerous Activities Act, 1982 (TPDA) could meet their visitors on Tuesdays and Thursdays. The time for the same was from 9 a.m. to 1p.m. and from 2p.m. to 5p.m. The interview with the advocates was from 1 p.m. to 5 p.m. on weekdays while on Saturdays it was held from 10 a.m. to 1 p.m. which however was liberalized. For the interview with the advocates, a separate room/office was allotted. This was with the objective that the conversations of an prisoner with his/her advocate should not be monitored by another authority. This gave them a better opportunity to explain and understand their case details.

Though the rules specified that only family members were allowed entry for the manu, in practice even friends were entertained. A prison staff observed,

The purpose of conducting interviews with the visitor is that it has direct impacts on the conduct and the behavior of the prisoners afterwards. If we are aiming for the reformation of an individuals, it will be wrong to think that only families can help in that. Friends are an equal support system. Hence, as long as there is no threat to security, we should encourage more manu. It is part of providing a conducive environment for the prisoner to reflect and bring change.

This was not an isolated opinion from a staff, but one that was shared among the many staff who were interviewed as part of this study.

Presence of Welfare Officers/Psychologists/Sociologists There were other progressive measures undertaken by the prison department towards the reformation of prisoners. One of these included the creation of a designated post of a counsellor and a psychologist within each of the prisons. After a prisoner makes an entry to the prison, he/she is directed to the psychologist who in turn fills an ‘Inmate Intake Form’. This form is filled with the details that the new prisoners share about themselves. The psychological, medical and familial conditions of the prisoner is written down by the professional as per the verbal conversations between them. The psychologist also makes a note of the observations that she/he makes during the interaction with the prisoner. This includes for example the behavior of the prisoner, the attitude, the thought content and process etc. This form becomes the basis for further follow up sessions and reformational techniques for each of the prisoners. Hence it was observed that the prisoner, during the period of incarceration, is attended to by the staff through measures and techniques best suited for him/her as advised by the

56 psychologist. Regular sessions with the prison staff regarding their mental well-being and the need to be non-judgmental about the prisoners was also held by these Welfare Officers. An officer said,

It is not the fault of the person that he/she committed the crime and that they wound up here. It was the society that created them over a period of time. Had you or I been born in those similar conditions, we would have, in all likeliness ended up doing what the prisoner may have committed.

Researchers were informed that during the process of entry, details of the family were entered. If the prisoner had no contact with the family through any means, the Welfare Officers undertook the responsibility of contacting them on behalf of the prisoner. This connection with the family, as suggested by one of the Welfare Officers, became a relationship that continued for a long duration until the prisoner was released from the prison. A welfare officer said, ‘Many at times the family members took the liberty of contacting the Welfare Officer themselves to enquire about the wellbeing of the prisoner or to share about some personal arguments they may have had during that day’s manu’. This was to an extent, encouraged by the officers as well. ‘Through this’, they said ‘we were establishing the fact that for the reformation of an individual, the family, friend and the staff played important roles’.

Individual cases of such reformation were also shown to us by the staff, while keeping the identities of the prisoners completely confidential.

Sunday/Special Manu Another step towards reformation of a prisoner, introduced by the Tamil Nadu prison department, was that of Special Manu or Special Interviews. These were conducted for the good conduct prisoners on the first Sunday of every month. The school-going children and the working women in the prisoners’ families were allowed to meet their relative in prison. This was a face-to-face manu. The place of this manu however varied from prison to prison depending on the facilities. ‘Such a program benefitted not just the prisoners but the families as well. A face-to-face interview gave incomparable joy to the prisoners', said a staff. A prisoner who had spent many years in the jail said,

Sunday manu is always very special. I have been imprisoned for many years now and hence I have seen the various ways in which the manu has been conducted so far. Nothing can be compared to the happiness I receive when I meet them on Sunday. We sit around and they bring something to eat as well. It feels so nice to eat with them and laugh with them. It is like a festival for me.

Another prisoner said,

My wife and children live very far from here. She has started working in a place near the house itself after my imprisonment. My children are too small to come by

themselves also. As a woman from our village it is very brave of her to come this far on her own to see me. It would have lost its purpose if the visit was like the one conducted in the Manu Room. Hence she comes with the children on Sunday for the Special Manu. It really is very special to me. I look forward to the next first Sunday. It is different to meet your loved ones face-to-face and very different when seen through the jali.

A man who had been imprisoned for more than a year said,

After my imprisonment, my father had come to meet me for the Special Manu. This was his first visit to a prison. I could see my father face-to-face through the Special interview. It was good to see him face-to-face. I remember we laughed even through our tears that day. The next day I came to know that my father was no more.

The special meetings that were conducted in the prisons were observed to help connect prisoners with memories and emotions that supported them in the efforts towards a better frame of mind. Though the families that came for the Special Manu were not interviewed as part of this study, it can be inferred that it was beneficial for them as well. This was because unlike in other prisons that were visited as part of this study, the children of the prisoners in Tamil Nadu did not have to miss their classes at school or college to pay a visit to the prison.

The Manu Room The manu on the other days, as mentioned above, was held for the Remand Prisoners and Convict Prisoners including prisoners charged under Tamil Nadu Prevention of Dangerous Activities (TPDA) on separate days. The remand prisoners could meet their visitors three days a week while the Convict and TPDA prisoners twice a week. The regular manu was held in the manu room. These rooms varied in size and holding capacity from prison to prison. However, all the prisons followed the jail (mesh) system. The manu between the visitor and the prisoner happened through the jalis, one on both the sides. Between the two jalis was a space of about half a meter. The space between these jalis worked as a corridor for the prison staff who walked through it to check if any contraband items were passed through the jalis.

How crowded a day in the manu room was, varied from day-to-day and from prison-to- prison. The days allotted for remand prisoners saw more crowd for the manu than on other days. The women prisons that were visited had a population less than the capacity. Hence the number of visitors occupying the space in the room was also less. On these days, the time for each manu would be extended. The staff allowed for flexible timings as per the number of visitors and the space that could be occupied. One of the staff said,

See, it is good that they talk to their loved ones. The more they talk, the better they feel. They have a lot of pressure and tension about their families and about their cases. It is better that they talk it out with the families. They have to relieve their pressure at some place. It is best with families. After they talk, they feel lighter and this helps the other staff in the prison as well. So if there are fewer people waiting for the manu, we

let the prisoners have a more flexible and a free talking environment. Our only concern is the security of the prisoners. If that is assured, it is best that they talk to the families as much as they want.

On days that saw a large number of people come for the interview, it was observed that the staff maintained the timings. This was to ensure that everybody got a chance to meet. The manu room was observed to be very noisy on those days, as people tried to speak louder than the other person in order to hear and convey to the prisoners. The room was in total confusion as different words in different voices and tones emerged from the room, to sound like a song that forgot its lyrics and rhythm.

Responses about facilities for manu It was a matter of pleasant surprise when the visitors who were interviewed responded that they were satisfied at how the manu was conducted. An elderly woman who had come for the manu said, ‘I came to meet my son in the prison. I could not see him properly through the jali as my eyesight is poor. However I am satisfied at how things happen here. I am happy that I could talk for a long time. He was also happy to see me’. Similar responses were repeated by many visitors. This, as a staff cited, could point at the possibility that people preferred to see and hear the person in real life rather than through a medium, may it be a glass or a phone.

The current system may represent a festival-like mood for the people, hence they may be feeling accustomed to it. Hence a change is something they cannot adjust to. The other possible explanation for this response could be that the public doesn’t expect much from the Government. Either way we as the staff, we also recognize the need for and the benefits of an intercom facility. We are looking towards implementing the system of intercom for manu here as well.

The prisoners who were interviewed shared that they were satisfied with the system through which the manu happened. One prisoner, observing that the current system did not ensure privacy in conversations between the visitor and the prisoner, said, ‘A system whereby privacy was ensured while talking to the visitor was a more beneficial one in the process’.

Process of registration and transfer of things to prisoners Once the visitors made an entry at the gate, they were frisked and the manu porul that they brought were checked. The manu seettu containing the details of the prisoner, the visitor and the items brought was issued. One observation made during this process was how the staff who performed the security checks of the visitors, were ill-equipped medically. They were duty bound to do a thorough body check of the visitors that came for the manu. At this stage, these personnel without proper protective measures are prone to be affected by communicable diseases.

There were waiting rooms for the visitors. Personal belongings of the visitors had to be deposited at the entry points. A visitor said,

I did not know that the process of manu would take the entire day. It was my first visit to the prison and I did not know about it. The police were informed about the facility for the meeting. The prison staff was also helpful. However, I had come with my three- year-old child and had to deposit all my belongings on the table. I did not have the milk or a biscuit to feed my child. As it was my first time I was anxious if I would lose my chance to meet my husband, and so waited here until we met him. It took an entire day and we remained hungry. The staff seeing me here offered me some water to drink.

However, it was clarified from the staff that eatables for personal consumption could be taken in by the visitor. The other things that a visitor can give to the prisoner included packaged food items, bakery items bought from the Prison Bazaar, fruits and clothes. Cooked food was not allowed inside. The visitor could deposit money in the Prisoner Cash Property (PCP) account, at the time of registration for the manu. Another facility for the same, was as a money order through the post office. Once the manu porul enters the prison gates, the names of the prisoners are called out through the Public Announcement System. The prisoner is informed about the visitor who had come for the manu (as per the name on the manu seettu) and it depended on the prisoner whether he/she agreed to meet the visitor.

Facilities for phone calls, letters/inland/postcards Apart from the manu, other forms of communication that was maintained within the prison included phone call facilities and letter facilities. Both the convict prisoners and remand prisoners were permitted to make a call of nine minutes to any of the three registered numbers, once in six days. This was irrespective of whether the prisoner had manu that week or not. In order to use the telephone facility, the prisoner had to deposit an amount of INR 60/-. Each call cost him/her INR 10/- each. The telephone booth facility was observed and was seen to be one that was utilized by many prisoners.

Prisoners hailing from other districts/states Letters/postcards were used by the prisoners hailing from other districts/states. This population in the prison, though a minority in number, highlighted a very important concern. A prisoner said,

I have been imprisoned for more than five years now. I had earlier been in another prison. I am from another state and came to Tamil Nadu for unskilled work. I stayed with my uncle here. Initially for one and a half years, I was placed in another jail. At that time I had no contact with my family or my uncle. He was not informed about my arrest and I did not know his contact number. He kept searching for me for months and finally thought I was dead. Everyone in my family thought I was dead. It was only after a year that my uncle came to know from the police station that I was in the

prison. By then I was transferred to this jail. He had come to visit me once and that is how I came to know about all of this. I was worried to the core all through those months thinking about my family. The staff was not supportive as there was a language barrier that neither of us could cross. I had written letters too, but I don’t think it got delivered as it was in Hindi. I have not received any reply. However I am glad that the family now knows that I am still alive. The uncle no longer comes to visit me as he goes back to the village. I don’t have any form of contact now.

The non-English speaking prisoners hailing from other districts/states felt excluded due to the inability to communicate with the staff and other prisoners. These people who come from non- affluent backgrounds face more vulnerability and feel hostile within the prison.

Foreign national prisoners All the foreign national prisoners in Tamil Nadu were placed in the Puzhal Central Prison. This, as a policy, aimed to enable the contact of these prisoners with their respective Embassy more efficiently. Soon after a foreign national makes an entry into the prison, the concerned Embassy was contacted and a meeting was arranged by the prison. The Embassy made regular visits and held meetings with the prisoner. The local contacts or the family members of the prisoner were also allowed to come for the manu under the responsibility of the concerned Embassy.

Inter-jail interviews Inter- jail interviews were held on Saturdays through video conferencing.

Prisoners without any contact with family or friends As discussed earlier, prisoners without any means of contact with the family or friends are aided by the Welfare Officers in contacting them. As per these officers there were many possible reasons why a few prisoners did not have any means of contact over a period of time.

This could depend on the charges the prisoner was accused of. It was observed that people charged with cases of POCSO, rape were more likely not to have regular visitors. Through our experiences of interactions with the families of prisoners, it was understood that after a person gets incarcerated, the societal attitude towards the person changes. This change in attitude is also cast upon the families of the prisoners. Hence most often, the families are observed to either lie about the prisoner to the society as having migrated to far off places or to have got a job opportunity elsewhere or distance themselves from the person. They attempt to move away from the societal tag of being related to a prisoner. All of these have led to the lesser visits to the prison for manu or other means of communication with the prisoner.

Interviews with the prison staff threw light at the measures that can be undertaken to ensure that families are informed about the arrest and the entry of a person in the prison. As a prison staff said:

While producing before the Magistrate, the details of the accused and the verification done by the police need to be made mandatory. The Magistrate can also verify with the police whether the families were informed. This ensures that fake names are not used by the accused at the time of arrest. The use of fake names is observed to have a negative impact on the possibilities for an interview with the families and friends during the period of incarceration. At the time of entry into a prison, it should be mandatory that the families of the prisoner be informed through a phone call or home visit of the same. The details of possible means of communication with the prisoner should also be discussed with the family. This can curb the issue faced by the families of being unaware about the arrest, the consequent developments and the ways to approach the system. Though the rules suggest the issue of a postcard to the families at the time of entry into a prison, it is a practice that is hardly followed.

Another staff added ‘What is important is that there should always be a close liaison between the prison staff and the Social Welfare Officers for a concerted effort towards reformation of a prisoner’.

Concluding Observations The discussion in this chapter point to three main processes surrounding the experience of contact between prisoners and their visitors – the ease of access to the prison system, the priority in focus, and policy and practice.

Ease of access to the system Various visitors were interviewed for the study. These included people across class, caste and gender. Reaching the prison to meet their imprisoned relative was a task that all of them undertook with immense courage. This is because there exists fear and stigma within the society when it comes to approaching the criminal justice system. The extent of this fear and stigma varied among people depending on their social strata and familiarity with the system. Hence the visitors who reached for the mulakat/manu on any particular day need to be viewed approaching the system despite varying levels of social and economic constraints.

The responses of the visitors varied. There were some who were worn out after the day’s journey to the prison from home, those who were worried about the day’s wage lost, and those who talked about their hunger. Many of these factors indirectly affected their communication with the prisoners. However, the systems that they were dealing with – like the meeting booking facilities, methods for transferring money, waiting room facilities, and communication between staff and visitors – played an important role in easing or increasing these tensions and this could well be heard from the way they responded.

Booking Facilities Compared to the manual on-the-spot booking facility for the registration of the meeting, a pre- booking facility enabled and eased the process for the visitors. This saved the time in registration and also assured the visitors that they would get to meet their imprisoned relative on the said day. There was clarity in the number of visitors who would make a visit on a particular day. This thereby ensures that each visitor gets the time for the interview as per the rules. By making this available through both telephonic and manual facilities, it also reduces the hindrances in accessibility for people who are economically rich and poor, physically distant and near, alike. When the first interview of the first-time prisoner can be done without pre-booking, it speaks of a system that empathizes with the affected individuals/families of the prisoner.

Methods for Transferring Money A facility for the visitor to deposit money in the account of the prisoner at the time of registration for the meeting eases the access. The online money transfer practiced in some prisons is also a means of easing the labyrinth of procedures for an individual. This should be one that is available irrespective of the facility for sending money through the money order. By this practice, it reduces the trouble of the visitors making multiple visits to different institutions for an interview and a separate one for sending money. A visitor can choose and access the system as per their ease and not forced to follow a single means of action due to lack of alternatives in the system.

Waiting Room Facilities The waiting room and its facilities have a major influence on the frequency of visits made by the families/friends. These facilities that include clean drinking water, seating arrangements, a roof above the waiting room and hygienic toilets, make the environment friendly for the visitors. These facilities indicate how the system perceives its visitors and more importantly, the dignity given to them as human beings. Availability of clean drinking water, food at subsidized rates, seating and space in the waiting room, ramps for the differently abled and clean toilets are basic requirements in ensuring access to individuals from different classes, gender, age and special needs

Communication Another important aspect that determines the accessibility of the institution is the extent of communication of information from the staff to the visitors. This begins from informing about the arrest and the incarceration that follows, to the information about the right to access means

63 of communication in the prison. Through the field visits, it was observed that the prisons followed different practices with regard to the items that are allowed to be given during the interview and the procedures followed for the same. Though it is the department’s prerogative to decide the things that can be allowed during these interviews, it is important to keep the visitor informed of the same. It was also observed that there was lack of uniformity with respect to the days for this transfer, even within a state. A notice board in the regional language, legible to all, giving details about the items that can and cannot be transferred to the prisoner during the interview, brings clarity to the visitor. A separate room/staff assigned to clear the queries of the visitors also aid the ease to access.

The Priority in Focus The Prison Manual of each state indicates the rules for its prison management. Through the field visits, the implementation of the same was observed. Each of these practices spoke about the priorities it was assigned to. In some prisons, there was lack of balance between the welfare of the prisoners (regarding the accessibility to communication) and the ease in management (regarding the facilitation of communication between the prisoner and the families). Most often, the latter overshadowed the former owing to the lack of staff and resources.

Interview with Children or Working Family Members By permitting access to interviews only on weekdays, the children and working family members of the prisoners find themselves in a fix. They have to make a choice between the day’s education/wages and the need to meet their relatives. Keeping the weekends as holidays for the interviews is a decision taken due to managerial constraints. However, it is also important to consider what is beneficial from the point of view of maintaining family contact, which is an essential element of rehabilitation process. The system that provided the facility once/twice a month for the school/college going children and/or the working family members of a prisoner, to conduct and interview in the jail, prioritized the welfare of its prisoners.

Relationship between Family Contact and Rehabilitation Through the course of the field visits, it was observed that the prisoners with regular contact with their family/friends/relatives were psychologically in better state than those prisoners without any contact. The prison staff who were in constant contact with the prisoners shared their reflections on the matter. The more frequent the contact with the family/friends, the lesser the chances of the prisoner being disturbed emotionally. The prisons need to recognize that families/friends play an important role in the correctional activities. As one of the respondents shared, the more contact that the prisoner keeps with his/her loved ones, the more disciplined

64 s/he is within the prison. The staff with years of experience said that the rate of recidivism among the prisoners reduces with frequent family contact in the prison. It was also observed by the staff that the cancellation of interviews, as a means of punishment for misconduct inside the prison, did not fetch any positive results.

Various studies highlighted in the literature review of this report pointed in the same direction. With more contact with the families/friends, the chances that the prisoner is more disciplined within the prison and that s/he adapts to the new surroundings is more. The prisoners become more receptive to the initiatives for reformation within the prison. That the contact with the families during the period of incarceration played an important factor in rehabilitation needs to be acknowledged by the prison authorities. This aided not just the welfare of the prisoners but the management of the prisons as well.

Regularizing means of Contact The frequency and the time period of a meeting between prisoner and the visitor were different in the different states/Union Territory. The rules and practices threw light to this issue. A system that prioritized the welfare of its prisoners took into consideration the factors that facilitated family contact. This could be in the form of placing the foreigner national prisoners in closer proximity to the respective Embassy or providing the facility for the prisoner to decide whom they wanted to meet through interviews.

It was however also observed that the prison population hailing from other districts/states often could not meet their families through the existing means of communication. Their interaction with the staff and other prisoners were restricted due to lack of familiarity of language. This depended on the attitude and the priorities assigned by the staff in accommodating prisoners’ requirements irrespective of their managerial responsibilities or their personal regional biases. It is important that this population be acknowledged and included in the system. Regularizing access to communication for all types of prisoners is important from the point of view of human rights and reformation and rehabilitation.

Policy and Practice ‘Family’ Contact

The Prison Manual of certain states specifies that prisoners are allowed to meet only family members and advocates. Let us now look deeply at this concept of ‘family’. The concept of ‘family’ is in itself changing over the period of time. It varies from person to person and is a varied concept even among communities. Take for example an imprisoned woman. Due to the

65 stigma that prevails in the society, a woman who is accused of a crime, most often faces the brunt of familial and societal exclusion. Her family does not visit her due to the ‘shame’ associated with the woman. The woman is kept far from her relations. Gender play a differential role in maintaining family contact. A similar crime charged against a woman and a man, the woman is more likely to be excluded from the family. Therefore, any woman charged with a crime is often cut off from her family. The extent of this varies from society to society.

Similarly, the concept of family varies for a foreign national. The family of a foreign national does not necessarily reside in the country of arrest and incarceration. The concept of family varies for a young person accused/convicted of a crime as well. Hence, if we comply with the understanding that increased communication between prisoners and family are associated with chances for reformation and redressal, one must reconsider the concept ‘family’ when it comes to communication. It is not that these prisoners do not have anybody other than the ‘family members’. They may have distant relatives or friends who could support them emotionally and monetarily during incarceration. By restricting the contact only to family members, the policy is short sighted and failing in purpose.

Now we shall shift focus to the practice/implementation of this policy. In order to ensure the compliance of the policy that allows only blood relatives for meetings with prisoners, the prisons resort to verifying the surnames of the individuals. If the surnames of the prisoner and the visitor match, the latter is permitted to meet the prisoner. This practice comes under the understanding that all family members share the same surname. The issue is that if one goes by the social practice of women assuming the family name of their husbands, it creates problems for family members who do not have the same surname. During the visits, it was observed that many women could not meet their siblings because they had taken their husband’s surname and their siblings has their father’s surname, which created problems in meeting them.

Now consider an imprisoned woman accused of spousal murder. The chances that she may be visited by her in-laws, is improbable. By the practice of this law, the possibility of meeting her maternal family members is restricted because her surname on the ID no longer matched with that of hers. Therefore her ‘blood relatives’ which includes her parents or siblings are denied permission. This hence is a policy that fails to see the women in a society that is patriarchal by practice.

Recognising visitors with special needs

Another observation made regarding the contact of prisoners was that there was a need for the policies to recognize and accommodate the needs of visitors who may be differently abled or senior citizens. Special rules need to be formulated regarding the needs for these visitors and how the interviews need to be facilitated. This should include infrastructural requirements for these visitors and rules allowing them easy access to interviews.

The Role of Welfare Officers and Psychologists in the Prisons

Needs of prisoners without family/friends need to be acknowledged. They lack not just emotional support but monetary support as well. The role of a psychologist or Welfare Officer within the prison is observed to be essential for the prisoners’ wellbeing. Those without families or friends, find support from these professionals. These officers also take up the role of contacting the families and try to mend the gap between the prisoner and his/her families. NGOs working in prisons also play an important role in helping such prisoners to maintain their mental health and connect them with people outside who may be supportive to them. The activities and therapies that these professionals engage with the prisoners motivate them to stay positive. It is important that the prison departments realise the importance of professional counselling and social work services and bring a policy level change to institutionalise these services. Further, monetary and material assistance to prisoners without contact can be ensured by the prison administration through specific programs.

Chapter VI

GOOD PRACTICES AND RECOMMENDATIONS This chapter highlights practices that facilitated the ease of prisoners’ access to family and others, those that were viewed as effective from the perspective of prisoners, their families and visitors, and the prison staff. It ends with recommendations that emerged from the study.

GOOD PRACTICES

Delhi Prisons i. Pre-booking for a mulakat. The visitors can manually or through a tele-booking facility book the mulakat on a specific date. The first meeting after imprisonment need not be pre-booked, and this is a good procedure.

ii. Depositing money at the time of the visit. The money that the visitor wishes to transfer to the account of the prisoner can be deposited at a separate counter at the time of registration for the meeting itself. This is a provision that benefits the visitors.

iii. Meetings with family, friends, relatives, or the advocates. At the time of entry, the prisoner can give the names of ten people who s/he wishes to contact. S/he can meet three visitors during a meeting.

iv. Intercom facilities. The meetings are conducted through intercom facilities. A fiber glass separation is made between the prisoners and the visitors.

v. Inter-jail interviews. Prisoners housed in different jails are permitted to have face-to- face meetings.

vi. Prison staff’ initiative in contacting families. The prison staff are officially assigned the responsibility of contacting prisoners’ family members if there is no contact over a period of time.

vii. Programme Sparsh. Prisoners who have had no contact with their families, friends, or relatives over a period of time are assisted through a programme called Sparsh. The material and financial needs of these prisoners are provided by the prison department from the Prisoners’ Welfare Fund. This is because prisoners without family contact lack emotional and financial support from the society. viii. Inmate call center. Through this system, the prisoner is allowed to make calls to any of the two registered numbers for five minutes daily. This has helped the prisoners to

remain connected with their loved ones to a large extent. This has benefitted prisoners from other districts/states as well.

ix. Visits for foreign nationals. Foreign national prisoners are allowed mulakats with local contacts.

x. Functional letter/postcard. There is a functional letter/postcard system in place in the Delhi prisons.

Gurugram District Prison i. Software for Prison Management. The internally developed software for managing the prison also led to the efficient management of the process of prisoners’ contact with families.

ii. Intercom facilities. The meetings are conducted through intercom facilities. A fiber glass separation is made between the prisoners and the visitors.

iii. Video conferencing. Video conferencing facilities for the prisoners’ communication with their families were provided in the prison. iv. Online money transfer. This facility enabled the families to transfer money into the account of their imprisoned relative without the need for travelling upto the prison or the post office.

Maharashtra Prisons i. Intercom facilities. The meetings are conducted through intercom facilities. A fiber glass separation is made between the prisoners and the visitors. ii. Face-to-face mulakat of the children of prisoners with their imprisoned parents. This practice was in response to the guidelines of the Supreme Court given in the judgment of R.D. Upadhyay v/s State of A.P. case. This was further reiterated in the 2006 Circular issued by the Dy. Inspector General of Prisons (Western Region). (See Circular on next page.) iii. Galabhet. The galabhet system42 wherein children of prisoners left outside prison visit prisons for face-to-face and close contact with their imprisoned parents on designated days (once a quarter) has benefitted mothers and their children. An informal environment is created, where mothers share food items with their children.

Translation of the Circular Issued by the Prison Department related to the Video Conferencing between the Imprisoned Mothers and their Children

Office of the Addl. Director General of Police & Inspector General of Police – Prisons & Correctional Services, Maharashtra State, Pune – 1 Fax No. : 020/26125878 Email – [email protected]

Important Out. No. : Law Dept,/regarding the VC mulakat of children of female prisoners/4470/ Class 9 (3), 2019 Pune-1 dated 08-05- 2019

Subject: Regarding the mulakat of the children of female prisoners Reference: 1. The guidelines stated in the Supreme Court judgment in the PIL R.D. Upadhyaya V/s. State of A.P. & Others. 2. The circular issued by the Department of Women & Child Development – Circular No.: APA-2016/Pra.Kra.86/Ka-9 dated 7th September, 2017

As per the above mentioned subject and references, the Prison Department Head Office has from time to time, issued guidelines related to the arranging mulakat between the imprisoned mothers and their separated children. The Department of Women & Child Development has also issued the procedure to be followed by the Probation Officer related to this issue as per the PIL No. 107/2014. The children of many female prisoners are either in different districts or states. Thus, to help maintain a stable mental state of mind of the female prisoners, and due to shortage of staff, it would be better if the mulakat with their outstation based children is done through Video Conferencing (VC). For this, the help of NGOs working in the prisons, social workers, the Child Welfare Committee of the district concerned can be taken. Thus, the following procedures should be followed for the same: - It should be verified as to for how long has the mulakat between the female prisoner and her children not taken place after which the address of her children should be taken from the female prisoner. A written request application in this regard should be taken from the female prisoner and through the Prison Superintendent, the application should be sent to the respective Child Welfare Committee. - As per the request application of the female prisoner, information regarding her children should be gathered through the District Probation Officer. The help of NGOs also could be sought in this regard. In the absence of NGOs, the enquiry report could be called from the local Police Patil, Sarpanch, Aanganwadi Sevika, or teacher of the Adivasi Ashramshala and on acquiring the report, it should be sent to the respective court. - After receiving the enquiry report, with the help of the concerned district/State (where the female prisoner’s children are residing), Child Welfare Committee and the District Probation Officer, the report could be sent to the District Judge requesting for the facility of Video Conferencing.

- It will be the responsibility of the concerned officer to see that the child/children are produced in the place where the Video Conferencing is available by the respective area/district Probation Officer where the child/children are staying or by the Superintendent of the institution where the child/children are staying. - The prison department and the concerned Child Welfare Committee could coordinate with each and decide the time of the Video Conferencing. For this, the help could be taken from the social workers or NGOs who have gained permission to work in the respective prison.

(As per the orders of Addl. Director General of Police & Inspector General of Police – Prisons & Correctional Services).

(Dr. Vithal N. Jadhav) Addl. Director General of Police & Inspector General of Police – Prisons & Correctional Services (additional charge) Maharashtra State, Pune – 1

To, Superintendents of Central/District/Women/Open/All prisons

Copy to: for information and for further relevant process 1. Special Inspector General of Police (Prisons) – Southern Region, Mumbai 2. Prison Dy. Inspector General of Police – all regions 3. Commissioner, Department of Women & Child Development, Maharashtra State, Pune – 1

You are kindly request to inform all the institutions/organization concerned coming under your jurisdiction regarding the mulakat to be arranged between the imprisoned female prisoners and their children left outside.

Tamil Nadu Prisons i. Permitting the friends and relatives to visit. Friends and relatives are permitted to visit prisoners, leaving scope for continued contact between the prisoner and society.

ii. Permitting packaged foods. Packaged food/snack items can be transferred as manu porul.

iii. Welfare Officers. They also take up the responsibility of contacting the families/relatives of the prisoners if they do not visit the prisoners for a long period of time. Assistance is provided from the Prisoners’ Welfare Fund to those prisoners who do not have family contact. The welfare officers also liaise with the prison staff with regard to the welfare of prisoners.

iv. Depositing money during visits. At the time of registration, money that the visitor wishes to transfer to the prisoner can be deposited. This is an option that is available apart from the already existing money order facility.

v. Special manu. The practice of special manu on the first Sunday of every month is a good practice. On this day, the school/college-going children and working family members of a convict prisoner, are allowed to meet each other face-to-face. This is specially provided to prisoners who have shown good conduct during that month.

vi. Facilitating contact between foreign nationals and Embassies. Foreign nationals are lodged only in the central prisons of Puzhal in Chennai. They are not lodged in any other prisons in the entire state of Tamil Nadu. This is to facilitate their access to their respective Embassy easily.

vii. Liberal facilities for meeting advocates. These meetings take place in a separate room inside the prison. This is to provide a better environment for the prisoners to discuss their cases with their advocates. The timings of these meetings are also liberalized. viii. Inter-jail interviews. Inter-jail interviews are conducted on Saturdays through video conferencing.

ix. Access to meetings not denied as means for punishment. The practice of cancellation of manu as a means of punishment of prisoners for their misconduct, as seen in most of the other prisons, was not practiced in Puzhal Prisons. The reason stated for this was that the cancellation of meetings with their loved ones made the prisoners more restless leading to more disruptions inside the prison. The authorities concerned confirmed that

with more meetings the prisoners remained calmer psychologically, and hence the cancellation of meetings as a means of punishment was not a corrective measure.

RECOMMENDATIONS Through the course of this study, we arrived at observations and findings in various prisons. There were many good practices that the prisons followed and need to be highlighted. By doing so, the study proposes that these be incorporated in other prisons through necessary modification in the respective manuals and in practice.

1. Support to Visitors. There is a need to make prison more accessible to the visitors. Various practices in the prisons had varying impacts on the accessibility for the visitors. Certain practices that were observed to be aiding this process for the visitors. These could be further developed for facilitating prisoners’ contact with society.

a. Facility for Pre-booking of Interview Days: For the efficient functioning of this process, more than one toll free number can be set up. The timings for this booking can be as per the discretion of the respective states, however it is also important that it be effectively communicated to the visitors both verbally and in written (on the notice boards). Along with the booking of an interview for a specific day, the visitor should also be given an option to choose a time for the same. Any change in time or day (in case the prisoner has been shifted from General to Kasturi or if the said day is a holiday for the visits, for example) should be communicated with the visitor at the time of booking itself. That the first interview after imprisonment be done without prior booking, is a good practice to be followed and adopted.

b. Facility to Deposit Money through Various Means: Various alternative means of transferring money to the prisoners’ account should be maintained. This could be done during the time of registration for the interview, or through online transfers. A separate counter/room/table with a staff for this should be maintained alongside the registration counter. The system of money order transfer should be retained.

c. Basic Amenities in Waiting Room: The waiting room for the visitors should be equipped to cater to the basic needs. Hygienic toilets for all genders should be available. The room should also be accessible to the physically challenged. Ramp facilities should be available hence. A separate space should be maintained for mothers who wish to breastfeed their babies, thereby allowing for privacy.

The waiting room should also provide for free clean drinking water and eatables at subsidized rates. Waiting rooms should have notice boards that contain information for the visitors. This should be available in legible regional language. The notice board should give details on the things that can be transferred to prisoners during the meetings for transfer, the holidays on which meetings would not be held for that month, the timings for the same, the money order facilities and other means of communication that the prisoner/visitor can choose to adopt (like the phone call or letter facilities). An enquiry table or booth should be available in all prisons through which the visitor can seek information.

d. Time Slots for Meetings: When friends/family registers for mulakat, they could be given a time slot or approximate time when the mulakat would be given. This way, family/friends do not have to unnecessarily spend long hours in waiting rooms, anxiously waiting for their numbers to come. In the meantime, they could meet the advocate or do other necessary work.

e. Special Consideration to Visitors Travelling Long Distances: The officer-in-charge of registration of mulakat, could enquire from where the visitors have come, their mode of transportation, and timings of their last bus/train back home. Thus, priority could be given to family who have come from distant places, and who have fixed timings of modes of transportation to reach back home.

f. Information about Things that can be Transferred to Prisoners: There should be clarity about the things brought by the visitors that can and cannot be transferred during the interviews. This must be effectively communicated to the visitors as well. Visitors should be permitted to transfer the things brought from home on the day of their interview. Keeping specific days for the transfer of the things, as seen in some prisons, is observed to have created discomfort for the visitors.

2. Prioritising Prisoners Welfare. Prisoners should be given the option to choose who they want to meet/contact through interviews or phone calls. A list of names can be issued by the prisoner at the time of entry and this should be made amenable at the prisoners’ request. This is a practice that is followed in one of the prisons visited during the field work and is considered a good one to be adopted in other prisons as well.

3. Co-ordination with Child Welfare Authorities. In cases of women prisoners, contact with their children is lost if the family or caretakers of the children do not get them to meet their imprisoned mothers. To maintain and sustain the contact, designated prison officers should be in contact with the Child Welfare Committee and the District Child Protection Unit.

4. Video Conferencing where there are Space Constraints. In prisons facing space constraints for interviews, alternate facilities like video conferencing should be introduced. Taking cognizance of the factor that security remains a concern, this facility can be provided in ways that do not create a concern of risk.

Multiple screens should be placed within the prison where the prisoners can be seated for their video meeting. The other screens can be placed at the meeting room. The visitors coming for the interview can be invited to have a virtual one through these screens. While the existing practice of meeting continues, this can be seen as a means for accommodating the excess number of people and the issue of space. More number of interviews can hence be accommodated at a time. Another facility that can be provided is to make the visitor’s screens available at police stations or specific rooms in the Collectorate. By giving such facilities, the visitors staying in far-off places, need not travel long distances for the interview. This also helps in managing the purpose, efficiency and the constraints in facilitating interviews.

5. Meeting rooms equipped with better Communication. There must be counters for each interview. Each of these counters should enable any person – irrespective of age, gender or physical ability, be able to access. The counters should be connected with phones for effective communication between the visitor and the prisoner. Each of these counters should be well lit and should also ensure privacy while talking. There should be clean, clear glass separating the prisoner and the visitor, so there is clarity in viewing each other.

6. Increased Frequency of Permitted Contact. The frequency of interviews per week for both under trial and convict prisoners should be more than once a week. The phone calling facility should also be made available to both under trial and convict prisoners alike in a prison. By keeping the facility available on all days, it is observed to keep

the prisoners in a healthy state of mind as they are in regular contact with their friends/family. The practice in one of the prisons where the prisoners were allowed to make phone calls every day for five minutes was seen as one that was easily accessible and a means of communication that was most often used. It was easier to manage than the meetings as well. Also, the prisoner should be permitted to use multiple methods of communication– that is phone calls, meetings and writing of letters – in any particular week. No means of communication should be denied on the basis that other means were utilized in that week.

7. Blood-relatives only for Family Visits needs Modification. As discussed in the previous section, the support for a prisoner does not necessarily come from his/her family alone. Also, by keeping the clause in practice, many women are denied access to meet their imprisoned siblings or parents. Friends, families, relatives and advocates should be allowed to stay in contact with the prisoner.

8. Special Interviews for Children and/or the Working Members of the Family. These interviews should be permitted face-to-face. This can be done on Sundays or on the second and fourth Saturdays as seen in some of the prisons.

9. Galabhet. Programs like Galabhet should be introduced in the prisons where the prisoners can spend time with their children on a specific day, once in 3 months. Such programs would really help prisoners for better adjustment in prisons as well as for planning for their rehabilitation.

10. Protecting Children’s Rights to Visitation. Measures need to be taken by prisons to ensure that the Supreme Court Judgment in the case R.D. Upadhyay vs State of A.P. & Others is strictly followed with regard to the interviews between the children of prisoners and their imprisoned parents. The judgment reads, ‘Children of prisoners have a right to visitation’. The judgment further stated that ‘Children kept under the protective custody in a home of the Department of Social Welfare, is allowed to meet the mother at least once a week’.

11. Video Conferencing Mulakat. This facility for the purpose of interview between imprisoned parents and their separated children situated in different districts/states, should be introduced in prisons.

12. Support to Prisoners without Contact with Friends/Family. Special programs should be initiated whereby the monetary and material needs of the prisoner are taken care of from the Prisoners Welfare Fund. This was a good practice that was followed in some of the prisons. Support from Para Legal Volunteers, in coordination with District Legal Services Authority should be taken, so that they can pay visits to friends and family of prisoners to encourage their communication with prisoners.

13. Welfare Officers in Prison.43 Designated positions for professional psychologists and social workers should be made within the prisons. These Welfare Officers should be made accessible for all the prisoners. Prisoners without contact of family or friend should be supported by the Welfare Officers. In cases where possible, these Welfare Officers or staff officially designated to, should contact the families of the prisoners. The reasons for why they do not visit the prisoner should be sought and intervened into when possible. Prisons that had adopted this structural change, have been able to create an atmosphere that encouraged psychological wellness.

Another issue which could be handled by the Welfare Officers is working with prisoners so that they can effectively make use of meetings with family/friends. It has been observed many a times the prisoner has waited for quite some time for the meeting to take place and to share something important or share some feelings. However, during the time of meeting, this does not happen because of mixed feelings of happiness, anger, stress, anxiety, trying to share too many things in a short time, and of course the mental and physical stress which the visitor is going through.

14. Ensuring that Family Informed about Arrest at First Court Production. At the time of being produced in court after arrest, the Magistrate should ensure that the family members have been contacted by the police. This also ensures that the accused has not submitted a fake name. After incarceration, the prison administration should ensure that information regarding the imprisonment is communicated to the families through phone call or home visits. Information about their right to meet the prisoner on specific days or contact them through different means, should be communicated to the families.

15. Foreign Nationals Housed in Prisons Closer to Embassies. Foreign national prisoners should be incarcerated in a location closer to the Embassy so that easier contact and

judicial remedy can be sought. It should also be ensured that the Embassies make frequent visits to the prison for interviews with these prisoners. As seen in some prisons, the local contact of the prisoner should be permitted to come along with and under the responsibility of the staff of the Embassy. The foreign nationals should be able to access other means of contact like phone calls and letter facilities as well.

16. Protective Gear and Health Insurance for the Staff. The staff that does the frisking of the visitors are not given any protective gears and hence may be exposed to communicable diseases. It is important that adequate protective gear and medical insurance be provided to the staff.

17. Special Facilities for Visitors who have more than one Prisoner in to Meet in the Same Prison. In order to meet more than one prisoner in the same prison, the visitor often has to make multiple visits. These visitors who make trade-offs of work and health need to be considered. A measure that could allow visitors to meet more than one prisoner in a day, should be considered at a policy level by the states.

18. Better Systems for Registration of Interviews. The registration for interviews needs to be done through computers and the prisons need to be equipped for the same. This ensures that there are fewer chances for mistakes. A system-based approach of managing the meetings, as seen in Gurugram District Prison, will help the staff in facilitation.

19. Special Consideration for Visitors with Special Needs and Elderly. The Manual in each state should recognize visitors with special needs and facilitate specific meetings for them. It should be ensured that their special needs be accommodated to ease the meeting procedures for them. This should be recognized at a policy level and rules set in place which facilitates easy access for visitors with special needs. This is a requirement as much as that of any other visitor and hence should not be dependent on the discretion or the approval of the staff. The interview rooms should be made accessible or another room separately available for these visitors.

20. Multiple means for Communication to be Permitted. All the means of communication is essential for the well-being of prisoners and their families. It should be ensured that it is available to all. For the easier and effective utilization of these means of

communication, the staff should be adequate in number for its facilitation. The actual population of the staff to that of the current population of the prisoners should be proportionate. This calls for an increase in the number of staff in the prisons especially which are overpopulated by the number of prisoners but under staffed for their management.

21. Contact with Family/Friends to be Treated as a Basic Right. Prisons should avoid resorting to the cancellation of interviews as a means of punishment. It was observed that through more contact, the prisoner was more receptive to correctional activities and had lesser chances of misconduct.

REFERENCES Bajpai, G. S. (2019). ‘Institutionalise prisoners conjugal visits’; The Tribune, Accessed through https://www.tribuneindia.com/news/archive/comment/institutionalise-prisoners-conjugal-visits-790734 Last Accessed on 21/3/2020.

Brooks-Gordon, B. and Bainham, A. (2004). Prisoners' Families and the Regulation of Contact, Journal of Social Welfare and Family Law, 26(3), 263-280, DOI: 10.1080/01418030412331297074

Christian J., Mellow J., Thomas S. (2006). Social and economic implications of family connections to prisoners, Elsevier, Journal of Criminal Justice 34, 443-452, doi:10.1016/j.jcrimjus.2006.05.010.

Claire, Karen De and Dixon, L. (2017). The Effects of Prison Visits From Family Members on Prisoners’ Well-Being, Prison Rule Breaking, and Recidivism: A Review of Research Since 1991, Trauma, Violence, & Abuse, 18(2), 185–199.

Cochran, J. (2012). The ties that bind or the ties that break: Examining the relationship between visitation and prisoner misconduct, Journal of Criminal Justice, 40(5), 433–440.

Farmer, L. (2017) , Michael Farmer: How Family members can help prisoners to break their cycle of crime’, conservativehome. Accessed through: https://www.conservativehome.com/platform/2017/09/michael-farmer-how-family-members-can- help-prisoners-to-break-their-cycle-of-crime.html Last Accessed on: 13/04/2020

Friedmann, A. (2014). ‘Lowering Recidivism through Family Communication’, Prison Legal News, p. 24. Accessed through: https://www.prisonlegalnews.org/news/2014/apr/15/lowering-recidivism- through-family-communication/

Grobsmith E. S. (1992). Applying Anthropology To American Indian Correctional Concerns, Practicing Anthropology, 14 (3), 5-8.

Raghavan, V. (2017). Exploring the underworld: Some methodological challenges. In Knowing the social world: Perspectives and possibilities, Jayaram, N. (Ed.), pp. 191-207, Hyderabad: Orient Blackswan Pvt. Ltd.

Raghavan, V. and Menezes, S. (2017). Prayas. Demonstrating Criminal Justice Social Work. In Indian Journal of Social Work, Vol. 78 (2) (April 2017), pp. 225-254.

Kaur Baljeet; ‘Prisoner’s Right to Write: Why SC Rulings Should be Taken Seriously by Prison Authorities’; 11/7/2019; epw engage; Accessed through https://www.epw.in/engage/article/prisoners- right-write-why-sc-rulings-should-be-considered. Last Accessed on- 21/3/2020

Loucks. N. (2005). Keeping in Touch: The case of family support work in prisons, Prison Reform Trust. Available at: http://www.prisonreformtrust.org.uk/Portals/0/Documents/KEEPING_IN_TOUCH.pdf . Last Accessed on: 13/04/2020

APPENDIX I: Tools for Data Collection

1) Interview Guides

(A) Interview Guide for Prisoners who have had family contact1

PERSONAL BACKGROUND • Name • Sex • Age • Education • Occupation before incarceration • Average income per month • Are you the sole bread winner?

INCARCERATION DETAILS • The crime charges • Period of imprisonment served already • Number of times of court hearings. *If convict - have you appealed to the higher court? • Legal aid situation (lawyer is there, private/DLSA lawyer, bail granted or not, why not released on bail, satisfaction with lawyer, etc.)

FAMILY CONTACT DETAILS • Have you been able to contact your family members? *If yes, how? *If no, why not?

• When was the last time you contacted the family? How do you contact your family – letter/post cards/ VC/ mulakat (or manu)?

• How many times have you contacted your family in past six months?

• How did you come to know about your right to family contact?2

• Enquire about the whereabouts of the family - where is the family? How many family members? Children? Whom all have you been in contact with? *If a woman, were you allowed to take your child along if the child is under 6 years of age?

• How many times were you able to contact through existing ways? How many people were you able to contact at a time,*if mulakat (or manu)?

1 Includes – Male and female prisoners who are under-trials or convicts. 2 The purpose of this question is to know the awareness among prisoners about their legal rights and the sources through which they come to know about this. *Are conditional sub- questions.

• How do you feel after these contacts? What is your opinion on meeting/contacting families? Should there be a procedure of this sort?3

• What do you talk about in these contacts?

• How do you come to know that your family member has come to visit you/ that you have got a letter?

• How do you arrange money for buying letter, pen/pay for VC/ make calls?

• Has there been any instance when the facility for contact had been denied by the officials, stating unavailability of resources or any other reasons?

• *If the prisoner is illiterate and the family is located in a far off place, what arrangements are made to ensure family contact?

• *If the prisoner is a migrant, how do you contact your family? What is your opinion on the current system?

• *If an UT, do you get clothes, food from the family?

• Have you been transferred from one jail to another? *If yes, were you able to meet/contact your family in the new place? After how long? Did the family get to know that you were transferred?

• What do you think about the facilities that are available in the prison now? If it is the mulakat (or manu) system, what do you think about the way you are made aware that you have a visitor, the room in which the mulakat (or manu) happens, the mesh/glass through which you can see the family, the intercom/ other facilities available to ensure the voice is clear. If it is the inland/post card system, what do you think about the idea of writing letters, do the prison staff read the letters you write , do they read the letters you receive, are the family members able to read the letters, do you get response also through letters.?

• What do you think about the frequencies of these contacts?

• Do you find the time sufficient?

• Are there specific timings to write letters? *If yes, does this coincide with your work timings?

• Have there been times when you haven’t had a mulakat (or manu) for a long time/ haven’t received reply to a letter for a long time, and have requested the prison staff to arrange some means for contacting the family? What was the response of the prison staff then? Were you able to meet the family after that?

3 The idea is to know what the feeling is after the contacts - Does it make you feel more vulnerable or does it strengthen you?

• Once you got arrested, after how many days/ months, did the first contact with the family happen? *If the response is ‘after a few weeks/months’, why the delay (lack of information of the arrest to the family/ illness/financial problems/ unaware of their right to family contact)? Did you ask the prison staff whether your family was informed about the arrest? *If the contact with your family happened after many days/weeks, did you inform the prison staff that you wanted to meet the family or did they come on their own?

• When is the next time you will write/call/VC/meet?

• Do you prefer your family at the court during the court date or during the prison mulakat (or manu)? Why?

(B) Interview Guide for Prisoners without family contact

PERSONAL BACKGROUND • Name • Gender • Age • Occupation before incarceration • Average income per month • Are you the sole bread winner?

INCARCERATION DETAILS • The crime charges • Period of imprisonment served already • Number of times of meeting the magistrate/court. *If convict- Have you appealed to the higher court? • Legal aid situation (lawyer is there, private/DLSA lawyer, bail granted or not, why not released on bail, satisfaction with lawyer, etc.)

FAMILY CONTACT DETAILS • When was the last time you had contacted your family? Who are there in your family now?

• Why? (ill health, economic situation, distance, the response of the officials) - is the family aware about your arrest?

• Have you been transferred from another jail? Were you in contact with family at that time?

• Are you aware of the right that you have to meet the family?

• Do you want to meet your family? (What if there are cases where the families do come, but the prisoner doesn’t want to meet the family?)

• In your opinion, should there be this facility to contact family/friends? Have you ever tried to request for a family contact to the prison staff?

• What do you think about the current system and procedures followed for contacting families?

• What do want to do after being released? With or without family?

PERSONAL BACKGROUND • Name • Age • Qualifications • Designation • Years of experience

FAMILY CONTACT • What are the steps are followed to contact the family after a person is arrested?

• Since how long have you been posted to do the work of facilitating family contact?

• How do you find the management of mulakat (or manu) period? (Shortage or sufficient of staff?)

• What are the facilities that are available in this prison now? *If VC- internet facility and fluctuations? *If letter- then what is done for illiterates? *If migrant- then what about translating? How long does this take for translating?

• How many people come for family contact per day? *If letter/ PCOs how many inmates are contacted per day?- Compare this to the number of inmates in the prison. How many people can have their mulakat (or manu) at a time? Is there a limit to the time of mulakat (or manu)?

• What are the procedures followed during the mulakat (or manu)/letter writing/VC. What are the proofs required? What if these are not available?

• Any instance of personal effort to facilitate the family contact?

• Experience when you ask the family members to move out after 20 minutes of meeting? Should there be a change in the timings?

• How are the requirements for letters- the post card, pen etc. acquired? Has there been a fund crunch ever faced? Have the staff been forced to take money from personal expenses to facilitate the contact.

• Do you observe any changes in the inmate after mulakat (or manu)/receiving letter/ calls? – eating order, anxiety, sleep order, anger, sadness, social interactions.

• Which method- mulakat (or manu)/VC/calls, do you find it more convenient in implementation?

• Why do you think certain prisoners do not have family contact? Are there any behavioral changes between those who have contact and who don’t have contact? Have efforts been made personally towards facilitating contacts?

• During the mulakat (or manu) or the letters, do you advice family members to not to disclose certain emotionally sensitive issues- e.g. death of a family member/ property loss details? Why do you do it? What has been the response of the inmate, when he/she finally comes to know? On what basis do you make such decisions? Does the law permit? • Opinion on mulakats (or manu) between inmates who are relatives but stationed in different prisons? How often does that happen? What is the procedure for applying for it? What are the procedures followed to facilitate it? • At the time of death of the inmate, what are the procedures followed to contact family? • Are certain family contacts not allowed based on the offence committed? • Are requests made by the prisoner for family contact? • What about hospital mulakat (or manu)? • How do you think can the overall current family contact system be improved? What is your opinion on the use of technology to improve the mulakat (or manu) system - e.g. to book appointment time? • What is your opinion on the need of family contact? • What is your opinion on Galabhet?

(D) Interview Guide for Families of Prisoners

FAMILY BACKGROUND • Name • Relation to the inmate • Dependent/independent of the inmate • *If dependents, number of dependents • Approx monthly income • Source of income

INCARCERATION DETAILS • Years in prison • Status of the case • Amount involved • Legal aid situation (lawyer is there, private/DLSA lawyer, bail granted or not, why not released on bail, satisfaction with lawyer, etc.)

FAMILY CONTACT DETAILS

• Whom have you come to meet? Is this the first time of visit?

• Where is the place of residence? How much time does it take to reach? How did you come?

• *If the family if from a far-off place, where do you stay now? What has been the difficulties faced during this visit?

• How did you come to know of this right of yours to meet the inmate?

• Through what all means do you meet the inmate? – letters/PCOs/mulakat (or manu)/post cards/VC?

• Opinion on the facilities available in the prison with regard to the family contact

• What do you think about the time available for the mulakat (or manu)? Is there any problem regarding the dates for mulakat (or manu) [no mulakats on Government holidays, Sundays]?

• *If there are 2 or more children, do you take both of them to meet the inmate? *If one goes to school, do you take only the ones who aren’t attending school? 4

• What topics do you usually discuss- through letters/ PCOs/VC/mulakat (or manu)?

• How often do you send money to the inmate?

• Do you have the required facilities to enable contact- internet connection/ smart phone/ access to post office?

• When was the last time you contacted the inmate?

• What are the difficulties you face in contacting the inmate- financial, distance, attitude of the prison staff in charge?

• Do you get the letters that you are told that was sent by the inmate? Are you sure that the letters reach the inmate?

• Have there been instances when, you went for a mulakat (or manu), but couldn’t meet the inmate? If yes, what was the reason?

• What all documents did you have to show as proof? What was the response? How did you come to know of these requirements? Were there any experiences regarding the show of proofs?

4 This is asked to know the possibility of contact of school going children with the parent inmate.

• If the person has been incarcerated for a long period now, what were the proofs that were required before? Has there been a change now? What do you think about the change?

• Have you tried to hand over – food, clothing, to the prisoner? What was the response if you have tried?

• What is your opinion of galabhet?

• What is your opinion on use of technology to pre book the appointment time for mulakat (or manu)?

• Have social workers extended support?

• When will you come next?

2) Observation Guide

• The facilities at the waiting room - both inside and outside the shed. • The records on the details of the inmate from the prison staff. • The expenses that were borne by the family members to maintain family contact. • The process of mulakat (or manu) – overcrowding, time available, ability to communicate clearly and some amount of privacy or not, corruption, etc. • Giving food, medicines, clothes, etc. allowed or not • Family members of prisoners talking to each other, about what, etc. • Interaction with prison staff

88 GOOD PRACTICES IN PRISONS

GURUGRAM GOOD PRACTICES DELHI DISTRICT MAHARASHTRA TAMIL NADU PRISONS PRISON PRISONS PRISONS

Pre-booking Facility for a Meeting

Facility to Deposit Money at The Time of Visit

Permission for Meeting with Friends, Relatives or Advocates1

Intercom Facility for Meeting

Inter-Jail Interviews using Video-Conferencing

Face-to-Face Inter-Jail

Interviews 2

Prison Staff’s/Welfare Officer’s Initiative in Contacting Family/Friend of Prisoner

89 GURUGRAM GOOD PRACTICES DELHI DISTRICT MAHARASHTRA TAMIL NADU PRISONS PRISON PRISONS PRISONS

Special Programmes for the Prisoners Who Do Not Have Contact with Family

Phone call Facility3

Letter/Inland Facility

Facilitation of Meeting of Foreign Nationals with Their Respective Embassies or Local Contacts

Software for Prison Management

Video-Conferencing- Between Family and 4 Prisoner

Facility for Online Transfer of Money to the Prisoner from the Family

90 GURUGRAM GOOD PRACTICES DELHI DISTRICT MAHARASHTRA TAMIL NADU PRISONS PRISON PRISONS PRISONS

Special Programmes For Children of Prisoners To meet Imprisoned Parents

Face-to-Face Meetings of Children of Prisoners with Imprisoned Parents

Permission for Packaged Food Items

Money Order Facility

Liberalized Facilities for Meeting Advocates

NOT resorting to Cancellation of Meetings as Means of Punishment

Functional Psychological and Counselling support to prisoners from professionals- as part of the Welfare Office

END NOTES: 1 Referring to the facility for prisoners to meet people including but not limited to family members. 2 Conditional on location of the prisons. 3 Only referring to the availability here. Not referring to the procedural variations among the prisons. 4 Conditional.

91 End Notes

1 https://ncrb.gov.in/prison-statistics-india-2018

2 As per prison rules, prisoners are given 2 post cards a month free of cost

3 https://www.unodc.org/pdf/criminal_justice/UN_Standard_Minimum_Rules_for_the_Treatment_of_Prisoners. pdf

4 https://undocs.org/A/RES/70/175 5 https://www.mha.gov.in/MHA1/PrisonReforms/NewPDF/PrisonManual2016.pdf

6 Rights and Duties of the prisoner, Pg.8, Model Prison Manual, 2016.

7 Schedule 7, The Constitution of India. End Notes 8 Can be accessed through: https://www.storybookdads.org.uk/Pages/Category/what-we-do

9 Can be accessed through : https://prisonvoicemail.com/

10 Anna Kotova, ‘Why prisons should make more time for inmates’ families’, The Conversation, 6/6/2017. Accessed through : https://theconversation.com/why-prisons-should-make-more-time-for-inmates-families-77975 Last Accessed on : 13/04/2020 11 Indian Kanoon – Accessed through- http://indiankanoon.org/doc/88050370/

12 The Standard Minimum Rules for the Treatment of Prisoners were first adopted in 1957 and in 2015 was revised and adopted as the Nelson Mandela Rules, by the United Nations General Assembly

13 Jan Adalat through Shaikh Ibrahim…vs The State of Maharashtra and Anr, March 2017. Accessed through: https://indiankanoon.org/doc/161255457/

14 ‘Monitoring Prisons, A Visitor’s Guide’; CHRI 2010, Revised edition 2017.

15 The prison visitors refer to the official and non-official members at District and Sub-Divisional level constituted by the State Government to monitor the correctional works in the prisons. Chapter XXIX of the Model Prison Manual, 2016 gives detail about the same. 16 The prisoners are divided and placed in different wards based on their jail record. The General Prisoners are those who have had no remarks against their record. The Special/Kasturi prisoners are those whose conduct towards jail staff or within the prison is not good’. The high risk prisoners are those who have serious charges on their conduct within the prisons. This information was conveyed during interviews for the study. Who falls under the high risk category has been mentioned in Note ii, under Chapter XXIV, pg. 381 of the Delhi Prison Manual 2018. Chapter XXV also talks in detail of who a High Risk prisoner is and the steps to be taken by the prison. 17 Ibid

18 Tamil Nadu Prevention of Dangerous Activities, 1982.

19 TSP stands for Tamil Nadu Special Police and ITBP for Indo-Tibetan Border Police 20 From the conversation with a staff, it was understood that there are proposals made to make a new waiting room for the families. 21 A remand prisoner (RP) is a person who has been remanded to prison custody pending investigation by the Police for trial by the Court for whom charge sheet is yet to be filed, pg.4, ‘The Manual for providing information to the public in respect of Tamil Nadu Prison Department under the Right To Information Act, 2005’.

22 Prison Statistics India, 2017; National Crime Records Bureau, Ministry of Home Affairs; 2019; pg. x. 23 Prison Statistics India, 2017; National Crime Records Bureau, Ministry of Home Affairs; 2019; Pg. xii.

92 24 The three CPROs are- CPRO 1 for Jails 1, 3; CPRO 3 for Jails 5, 6, 7, 8, 9 and CPRO 4 for Jails 2, 4. 25 Updated as on 27/01/2020. Available at- http://tte.delhigovt.nic.in/wps/wcm/connect/lib_centraljail/Central+Jail/Home/Reformation. 26 Delhi Prison Manual 2018, Chapter VIII, pg. 185.

27 Sewadar refers to the convict/the under trial deployed for assisting the prison administration, The Delhi Prison Rules, 2018; pg.6.

28 As per the Circular F.10(14184)/CJ/Legal/2015/7072-74, dated 30/12/15, the prisoners under BR policy may be lodged in the same jail as per the alphabet of BR prisoners. Hence the BR of the opposite gender have inter jail interviews. 29 As per the Prison Statistics India 2017, National Crime Records Bureau, Ministry of Home Affairs, 2019; pg. xix; Delhi has reported 267874 inmates being moved for medical assistance, making it the highest among other all the states/UTs.

30 As per Standing Order No. 35, dated 11/05/2012. 31 As per the Prison Statistics India 2017, National Crime Records Bureau, Ministry of Home Affairs, 2019; pg. xv ; Delhi has 3123 inmates from other states as under trials in its prisons. 32 As per the Prison Statistics India 2017, National Crime Records Bureau, Ministry of Home Affairs, 2019 there are 292 prisoners in Delhi who are foreign nationals. 33 ‘Note on Points Under Section 4(1) Of Right Of Information Act 2005’ Maharashtra Prison Department; pg. 3.

34 Prison Statistics India 2018, National Crime Records Bureau, Ministry of Home Affairs, December 2019.

35 Though the report does not delve into the details of the same in each prison as it can possibly extend the report, the differences observed in the prisons and the possible changes that can be introduced, have been highlighted here.

36 The details of the program as described in the following paragraphs, has been quoted from pg.16, ‘Report of the One Day Workshop on Children of Women Prisoners: Issues and Challenges’, Prayas, Tata Institute of Social Science. 37 As per the Prison Statistics India 2018, published by National Crime Records Bureau, Ministry of Home Affairs, there have been 47,060 times in the year when the inmates were moved to the hospitals. 38 As per the Prison statistics India 2018, there were 508 foreign under trial prisoners and 79 (23 women) convicts lodged in the jails. Refer pg. xv and pg. 103-104. 39 This included, request for entry for mulakat at the prison. The police has to be intimated of the same with valid proofs. These proofs could include passport or any other legal proof to show identity. The police verification of the person is done. It is after the police verification, that the friend is allowed to conduct mulakat with the prisoner.

40 Prison Statistics India 2018, National Crime Records Bureau, Ministry of Home Affairs, December 2019

41 Quoted from Prison Statistics India 2018, National Crime Records Bureau, Ministry of Home Affairs, December 2019, pg. 14.

42 This system has been discontinued since last more than 6 months. 43 The Model Prison Manual 2016, recognizes the role of Welfare Units in Chapter IV. Further the Manual in Chapter XXV, also recommends that a Reception Unit be set up for the Young Offenders, of which psychologists, sociologists, social-case workers and correctional administrators should be a part of.