p^ h' V ,,il II' js/ 1 A STUDY OF THE THEORY, EXPERIENCE AND TRENDS IN OPEN - PENO - CORRECTIONAL INSTITUTIONS WITH A FUNCTIONAL STUDY OF SAMPURNANAND CAMPS IN THE STATE OF UTTAR PRADESH ABSTRACT THESIS ^^-=^ ,,,_z_SlKBMlTTtD FOR, THE AWARD OF THE DEGREE OF nmm ViS^af/ft^i|Jl^//'(?^HWAI^CHANDRA VATSA ' 7^.1^''•-' - - 7t'~~ Under the Supervision st p^I5^ Mr. Qaiser Hayat mm^fi (Reader) -1 cri T?bq \^^ ^ FACULTY OF LAW ALIGARH MUSLIM UNIVERSITY V ALIGARH (INDIA) fti^# 1990 ABSTRACT The present work is an attempt at an in-depth sttidy of THE THEORY, BXPBRIBNCB AND TRENDS IN OPEN PEHD CORRBCTIOMAl IIQTITUriOISS WITH A FUNOTIOML STUDY OP THE SAMPURMMND CAMPS IN THE STATE OP UTTAR PRADESH, The present researcher is aware that a considerable amount of reseai^h on prisons and prisoners exists. After a sur7ey of these research studies the researcher came to the conclusion that while there have been a large number of studies on prisons and prisoners from sociological and psychological points of view, there is yet to be a comprehensire study of open peno correctional institutions and theis in-nates from legal ppint of view and comparative social and economic cost benlfit ax^lysis and this is the task that the present enquirer has taken in hand. BOOK OSB It deals with the theory of opwij^eao correctional institutions. Chapter I is the statei^ent of the problem of study and includes the rationale, concept,, rt^seareh and delimitation of the area of study alongwith tlie utility of correctional research. Chapter II opens with \a) the Philosogliy of correction. Firstly, the existentialist approach tpipenolofflr of Jean Paul Sat re, Alburt Camu, Seeo^ly, Marxists* d^stifiwitlion of punishment. Thirdly, current legal debates on ^unieiuaent with -2- special reference to Jerome Halls' six elements of puniaiiBMlt and Louis Swartzs* definition of punishment. In (b) Goals of Punishment - BBHABILITATION with Morris's concept, DBTBRRBlSqB with its criticism, RETRIBUTION - the return of normative theme as considered by Mac Cormic, Cohen, Jerome Hall, H.L.A. Hart, Henry Hart, Helen Silving.haye been included. Chapter III reviews the history of research about prisons and prisoners in general and prisoners feelings of (1) anxiety, insecurity and guilt, (2) their self-concept and self-esteem and (3) their attitude towards their family, co-inmates,authorities and society. Chapter 17 reviews the history, origin and development of the open peno correctional philosophy incorporating the 19th century efforts, various international committees, commissions and seminars and several United lotions Congress on the prevention of ci^ime and treatment of offenders which drafted the Standard Hinimum^ Rules (19^3-69) for open peno correctional institutions. Chapter 7 deals with the doctrine of open peno correctional institutions. To define such an institution (1) the Declaratioh of Principles of Crime and Punishment of the Cincinnati, Ohio of the First Prison Congress (1870) (2) XII Penal and Pententiary Congress, Hague (1950), First U.F. Congress on Prevention of Crime and Treatment of Offenders, Geneva (1955) made sincere efforts. -3- BOOK TWO It deals vlth the experience and trends in open pexao correctional institutions. Chapter I comprises of experiments abroad and deals with seven such experiments in (1) Wales, (2) Australia, (3) Andaman Nicobar, (4) U.S.A., (5) Belgium, (6) Sweden and (7) Prance. Chapter II comprises of experiments of open peno correctional institution and discusses Indian open peno correctional institutions. Chapter III covers the patteti^s and practices of open peno correctional institutions in India regarding (i) selection and suitability of prisoners, (ii) nature and condition of work and employment for prisoners (iii) educational and recreational programmes, (iv) special privileges and amenities, (v) physical needs of prisoners (vi) discipline (vii) visits and communications and (viii) employment and location. Chapter 17 relates to the institutional personnel, their past, present and future and includes the recommendatidzis of various expert committees to improve their conditions of service etc. B00£ THESE It deals with the functional study of Sampurnanand camps in the State of Uttar Pradesht Model Prison, Kishore Sadan. -4- Cbapter I covers the history of early experiments of open peno correctional institutions in Uttar Pradesh known as Sas^urnanand camps organized at 1) Cha^iya, 2) ISaugarh, 3) Shahgarh 4) Sarnath, 5) Mn&k. Sagar and 6) Hajhola. Chapter II describes the structure and functioning of working open peno correctional instilnitions in Uttar Pradesh, viz. Sampurnanand Camps atSitarganj (Nainital) and qjirma Markundi (Mirzapur), Model Prison - Open Annexy (Lucknow) and Kishore'3adan (Juvenile Home, Bareilly). It highlights their objectives, land, building, ixjdustxy, agriculture besides the number of admissions, 'e.::capes, releases, suitability and selection of inmates, geographical position and administration of camps, special privileges to inmates e.g. remission, leave,home leave, wages earned and cost defrayed by inmates, and probleme of camps. Chapter III gives comparative study of the inmates of Sampurnanand Camp , Ghurma (Mirzapur) and Central Prison^ Vazanasi and Sampurnanand Camp Sitarganj (Ifoinital) and Central Prison, Bareilly and their efficacy in the attitudes and behaviour-modification of inmates. BOOK POUR It is the concluding part of the study and proposes suggestions in different areas to make the open peno correctional institutions more efficacious and purposive. 5- Chaptef I covers vide range of suggested areas vis. (i) work pro3e<?"bs, (ii) responsi'bility for custody, security and treatment of prisoners,(iii) custodial oonsideratians, (iv) method of inmate selection, (v) medical services (vi) wages and other incentives for inmates, (vii) restrictlag unsupervised coTotacts KfHuTti "the pxiibllc, Wiii) atitiouiitixig procedure, (ix) personnel, (x) public relations, (xi) emergenele®, (xii) remissioO» (xiii) premature release (xiv) leave, (xv) letters, (xvi) punishment, (xii) size of institutions (xviii) staff approach, (xix) educational programme (xx) comnunity contact, (xxi) model prison manual, 1970, (xxii) interstate study team report, (xxiii) clearcut scope, purpose and objective, (xxiv) use of camp device, (xxv) use of incentive techJiiques, (xxvi) special services provided for inmates, (xxvii)v new camps - mobile or permanent (xxviii) Model camp plan, (xxix) community contact, (xxx) diversified work, (xxxi) -day release system, (xxxii) wage rationalization, (xxxiii) exclusive work by inmates, (xxxiv) family visits and (xxxv) discipline, APFSUDICSS I. Important provisions of Model-Prison Manual, Government of India, 1970 (Chapter LII). II. Second Inter State Study Team (1971-72) on Indian Open Prisons - Extracts of Report. III. Government administrative orders regulating the open peno correctional institutions in the State of Uttar ^T&dmM, A STUDY OF THE THEORY, EXPERIENCE AND TRENDS IN OPEN - PENO - CORRECTIONAL INSTITUTIONS WITH A FUNCTIONAL STUDY OF SAMPURNANAND CAMPS IN THE STATE OF UTTAR PRADESH THESIJ^ SUBMITTED FOR THE AWARD OF. THE DEGREE OF Soctor of $^ilofl[opf)p IN LAW BY ISHWAR CHANibBA VATSA Under il)«. SaiMrvisJon of Mr. Qmser Hayat FACULTY OF LAW ALIGARH MUSLIM UlSTlyERSITY A L I G A RH (INDIA) 1990 T3943 r '( t^C^ I O a: -3 AUG t992 ESIS SECTlor CERTIFICATE This is to certify that Mr,Ishwar Chandra Vatsa completed his research under my Supervision, His thesis entitled ••A STUDY OF THE THEORY BXPBRIBNCB AND TRENDS IN OPEN PENO CORRECTIONAl INSTITUTIONS ; A FUNCTIONAL STUDY OF THE SAMPUR!a.NAND CAMPS IN THE STATE OF UTTAR PRADESH", is suitable for submission for the degree of Ph.D. in Law. O' Qi /^/"-^ (Qaisar Hayat) Reader Faculty of Lair Aligarh Muslim University March I99O Aligarh (U.P.) -i- DBDICATION Late Dr. Sampuriiaiiand, the Chief Architect of the open camps in Uttar Pradesh, took over as Home Minister of the State. He had first hand knowledge of imprisonment vhlch he himself suffered so much as a fighter of freedom. He took this bdd step of establishing open type of institutions wUch are sincerely attuned to the psychology, aimbitions and atitudes of prisoners to a very great extent. Thousnds of people who, during their periods of incarceratio in various prisons, were whiling away time leisurely nd wasting man power-drifted this immense - energy in the pvjlic interest. They hitherto physically, mentally and socally rotting individuals developed self-reliance, eterprize and respect for Society and its laws. With thes aims in view, the scheme of Open Camps was initiated by)r. Sampurnanand, The fiJt Camp was established on October 1, 1952 in the reserve fcest of the then Maharaja of Banaras for the construction f a dam on the river Chandra Prabha flowing from the Indhyachal hills. There the prisoners serving sentenceslan^inis: from over one vea-r ±n n-po +0,^ -ii- were provided an Open type of Vail-less environmervt, very close to that of the general society. Various other Camps were opened later on at Naugarh, Shahgarh, Markundi. Ghurma and 3itarganj and two Sub-Camps at Sarnath and Manjhola during the Home Ministership and Chief Ministership of Late D r. Saapu ma na nd. These Gamps have celebrated their Silver Jublee on their successful completion of 25 years. I humbly dedicate this study to that great thinker, admlnlsterator and reformer and above all to his boldneae which is wholeaomely recognised far and vide. (lahwar Chandra Vatsa) -iii- ACKNOWLEDGBMENT I deem it my most pleasant duty to acknowledge my indebtedness and convey my sense of gratitude to my supervisor Mr.Qaiser Hayat, Reader, Faculty of Law, Aligarh Muslim University, Aligarh, but for whose help and guidance this thesis could not have been completed, I am extremely grateful to Dr.Zakaria Siddiqui, Dean, Faculty of Law, Aligarh Muslim University, Aligarh whose cheerful disposition and sympathetic response to my queries helped me immensely in progressing with the subject matter, I also wish to express my gratitude to the following administrators, penologists and academicians for their invaluable help and solicitude: (i) Mr.L.J. Arora, Principal (Retired) Jail Training School Luc know (ii) Dr.