Securing the Rights of Inmates

What is the issue?

The concern over the situation prevailing in India’s prisons has been related to overcrowding and long spells of incarceration faced by inmates who are too poor to obtain bail.

What is the situation prevelant in prison?

• In 1980, the human right violation that attracted everyone’s attention is the horrific blinding of prisoners that took place in Bhagalpur.
• Recently, the brutal murder of a woman life convict in the Byculla women’s prison has brought the focus back on custodial violence.
• It showcased the vulnerability of inmates to authoritarian behaviour.
• There is also an allegation that prison guards targeted a woman lifer (person who is serving life sentence) in the Yerwada Prison in Pune over some missing rations.
• In this case, it is said she incurred the wrath of the guards because of her rising popularity.
• This situation has even led to a riot-like situation among the prisoners.

What do the courts say in this regard?

• The judiciary’s approach has been based on, “the fundamental rights do not part company with the prisoner at the gates”.
• In the last half century, the superior courts of the country have passed a series of orders to reform jails.
• Notably, the Bombay High Court in March 2017 has directed the Maharashtra government to undertake a comprehensive review of the conditions in three major prisons in the State.
• As per the March court order, an empowered committee was to be constituted to look into all aspects of the jails.
• This must be done in the light of Supreme Court decisions, the Model Prison Manual of 2016 and relevant UN resolutions.
• The panel was also suggested to take measures to create modern jails and modernise amenities.
• The issues that appeared in court orders range from prisoners’ rights, health, hygiene and access to legal aid, to the condition of women inmates and their children.
• According to the model jail manual which was released by the Home Ministry, the state is under an obligation to protect the residuary rights of prisoners after they surrender their liberty to a legal process.
• Prison reforms are not only about amenities and conditions; they must also address the prisoner’s right to life.

What does the Model Jail Manual say?

• It aims at bringing in basic uniformity in laws, rules and regulations governing the administration of prisons and the management of prisoners all over the country.
• The chapters dealt and the key revisions made in the new Manual include the following:
• Access to free legal services – Based on Article 39A of the Constitution.
• Additional provisions for women prisoners – This is drawn from the United Nations Rules for the Treatment of Female Prisoners and Non-Custodial Measures for Women Offenders adopted by the UN General Assembly (UN Bangkok Rules).
• Rights of prisoners sentenced to death – thereby recognising the necessity of ensuring the human rights of such prisoners.
• Modernisation & Prison computerisation – to encourage use of technology/software systems where possible.
• Focus on after-care services – to devise and develop mechanisms for rehabilitation of released convicts.
• Provisions for children of women prisoners – to ensure holistic development of children of women prisoners.
• Organisational uniformity and increased focus on prison correctional staff
• Inspection of Prisons – to help identify existing issues and deficiencies which could then be remedied through appropriate action.

Source: The Hindu & PIB