Dialogues in Criminal Justice and Rehabilitation
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& Rehabilit al ati g on e -L In o i it c ia o t S i v Dialogues in Criminal Justice f e O s i n m C u r J o S and Rehabilitation F NGONGO FORUMFORUM Year - December 2018 For private circulation No. 9 Special Issue - Civil Society Interventions in Prisons Dialogues in Criminal Justice Editorial and Rehabilitation Social work intervention in prisons in India began with A newsletter of NGO Forum of organisations the work of Prayas, around 3 decades ago. Ever since, working in the Criminal Justice System (CJS), to this sector has been gradually growing and expanding. initiate discussion among the government The number of NGOs working in the field has authorities, civil society organisations and other increased with a few state government departments stake holders in the CJS, with special reference to the legal rights and the rehabilitation of citizens also expressing the need for appointment of social affected by crime or commericial sexual workers in the criminal justice system. Dialogues has exploitation. been trying to highlight some of the issues faced by prison populations and the work being done by civil NGO Forum Members society organisations in this regard. 1. Disha, Amravati The scope of the civil society intervention has 2. Sahaara Charitable Trust, Mumbai expanded in the field from to include persons being 3. Sahayog Trust, Pune processed at police stations, courts, prisons, juvenile 4. Sudisha, Solapur homes, aftercare institutions, etc. There are a few 5. Sudhar, Bhopal NGOs focusing on the situation of under trial prisoners with the objective of legal aid, family support and 6. VARHAD, Amravati rehabilitation. Some are working with both the under 7. India Vision Foundation, New Delhi trials as well as convict populations, especially with children of prisoners left outside. NGOs focusing on Editorial Team rehabilitation of prisoners and working with their families, especially their children, have been Dr. Vijay Raghavan attempting to improve their family situation and Ms. Devayani Tumma relations between the prisoners and their families. Ms. Krupa Shah Work with children of prisoners is being done with the Mr. Vikas Kadam objective of preventing their criminalization, exploitation and victimization. There is also a recent trend of CSOs initiating work with families of crime Contact Centre victims, especially their children. Besides, with the Prayas Youth Development Centre increase in the number of spousal murders, NGOs need Ground Floor, Sudarshan Co-op. Hsg. Society to work with the offenders as well as the victims who Bldg. No. 90, Babasaheb Ambedkar Nagar, New hail from the same family. Mhada Colony, Mankhurd (W), Mumbai 400043 This Special Issue tries to capture the experiences of a Phone No.: (022) 24902285/08655053035 few organisations working in the criminal justice Email Id.: [email protected] / system, thereby demonstrating the need for civil [email protected] society intervention in the system. Design and Typeset by Vijender Singh, Publications Unit, Tata Institute of Social Sciences, V.N. Purav Marg, Deonar, Mumbai 400088 The Story of Sudhaar: Opening Doors of Prisons for Correctional Work Surekha Talari (MSW, LLB, MPhil) Background of Sudhaar Certainly, Sudhaar, as an endeavour had its The story of Sudhaar began when I seriously knowledge and practice roots in M.A in Social considered to initiate work in the area of my Work course which had a definite component of specialisation-‘Criminology and Correctional field work as well as dissertation. As a student Administration’. In year 2000, there were not social worker, I examined the experiences of many job opportunities in the field of Criminology women under-trial prisoners in the Criminal and Correctional Administration. Carving out one Justice System in Arthur Road Prison, Mumbai to work in the Criminal Justice System was a very for my dissertation requirement. Simultaneously, challenging task as the system was very rigid for I developed a field work intervention model to the entry of individuals and civil societies, highly work with women under-trial prisoners of the patriarchal in nature and held strong disregard Kalyan District Prison. for ‘people in crime’ and therefore, did not have much space for any unusual intervention. Indeed, Journey from District to Central Prisons Sudhaar’s intervention was conceptualised to With the background of education and approach ‘people in crime’ differently and the experience, I made my first step in Betul District initiative was headed by a female leadership who Prison, Betul, Madhya Pradesh in 2001. As such was trying to make space for corrections and Betul is predominantly inhabited with Gond reforms in the system. Away from the hard hand of and Korku tribal population and therefore, discipline and disregard for the prisoners, Sudhaar maximum population in the prison reflected the proposed a humanitarian approach to mend people demography of that district. Being female social and their lives by which they can be found useful and correctional worker, I was permitted to work to the society. It is worth mentioning, that an old in the women’s ward only. While rendering my Hindi film ‘Do Aankhen Aur Barah Haath’1 had socio-legal counselling and family support to the philosophy of corrections and thus, ‘Sudhaar’ marginalised women prisoners, I came across as a name was considered for the series of few cases2 that sensitised me further to work interventions developed to reform prisoners and for a purpose and to sustain all the hardship and also to bring prison reforms. ‘Sudhaar’ which is an challenges for opening the doors of the Criminal Hindi word means “ Reforms and Corrections”. Justice System in the state of M.P. Undoubtedly, 1. A movie made in 1957 where the Jail warder takes charge of the rehabilitation of six hardened prisoners. 1 Sudhaar’s intervention was first of its kind in the Turning Point – Development of Post-Release state of Madhya Pradesh till date. Rehabilitation Intervention The work in Betul District Prison was actually Our work aided prisoners to evolve away from modelling the socio-legal and rehabilitation criminal behaviour and we channelized necessary intervention with the women prisoners for enabling support from them to be normal and useful reforms in the beneficiary group and in the system citizens. Our interventions were also in line with too. As a correctional worker, I extensively co- the constitutional and fundamental framework ordinated with the district lawyers, the families rights and therefore, it evoked multi-layered of women prisoners and the prison department to prison reforms. Unfortunately, our humanitarian sensitise them on the issues and worked for speedy and correctional services for prisoners made trial, family support and post-release rehabilitation some corrupt prison officials angry with us and aid. The model was successful in reducing the we were paused from accessing the prisons and duration of stay of women population in prison, prisoners. In that precarious period, where we promoted better health among women due to were not sure to get permission to access prisons increased family contacts and also the system to render our services, a released prisoner along became active to meet the needs of reforms as with her family walked into Sudhaar’s office one there was better co-ordination between concerned day to seek post-release rehabilitation support and stakeholders of the Criminal Justice. education support for her children. Since then, This intervention was appreciated by the Chief Sudhaar extended another wing of intervention Probation Officer, Mr. Bopchay of M.P. Prison called ‘post-release rehabilitation’ support as its Department, who had an heart for prison reforms major wing of intervention. and therefore, he recommended Sudhaar’s work Meanwhile, Sudhaar re-gained access to work for expansion to the central prisons and other inside the prisons with the help of a keen and diligent district prisons. After receiving financial support prison officer, D. G. Shri S.P. Dangwal who was from the Indo-German Social Service Society open to the idea of trained social and correctional for Betul intervention, it is with the aid from Sir work in the prisons by the civil societies. After Dorabaji Tata Trust that Sudhaar ventured out to regaining the entry, Sudhaar drew an intensive road expand its work in the central prisons and district map for systematic intervention with the prisoners, prisons of the state of Madhya Pradesh. And we their families, the lawyers, the prison officials and continued to render social, legal and rehabilitation other stakeholders to generate the momentum support services for the male and female prisoners required for state level prison reforms and for and met the needs of their family members, promoting correctional approach among prisoners. particularly sponsoring the education of children In the subsequent part of this article, I will discuss of imprisoned parents from the year 2000 to 2014. about the underlying philosophy and practice, 2. A woman was languishing in the prison for more than six months for a theft of Rs.40/- where the court proceedings were as there was no presence of witness/evidence in the court to conclude the case. There was another case, where the woman was accused for the theft of a hen and was languishing in prison for more than six months. 2 methodology for Rehabilitation and Corrections stimulus/stimuli behind their actions and hence, that we learned through our work. make sub-conscious or conscious responses based on pre-staged genetics and environmental Understanding Human Behaviour for upbringing. So are the prisoners who come to Effective Corrections prison either accussed of crime or convicted Human mind is a very complex system that for crime. Within convicted prisoners, there are responds to various stimuli. The mind reacts two types- i) first time offenders and ii) habitual to stimuli to respond in ‘action’.