Reformation should form part of the sentencing process in the changing concept of penology across the civilised nations. Safeguarding basic human rights of the prisoners which includes convicts, under trial prisoners and detunes under preventive detention laws would go a long way in the areas of prison reforms.
It is worthwhile to note that a prisoner enjoys all the fundamental rights of a citizen except what is curtailed due to incarceration. A prisoner is not a non-person. He is as much a citizen of the country as we are. Therefore, torture, ill-treatment and degrading human treatment to a prisoner is the negation of all canons of ethics and rule of law.
Article-10 (1) of International Covenant on Civil and Political Rights says, “All persons deprived of their liberty shall be treated with humanity and respect.” It is the responsibility of the jail authorities to protect human rights of prison inmates as their guardians. The mindset of the custodial officers would be such that a prisoner would feel safe.
The scenario of prison in India requires a fresh look. Media reports about deaths, torture deaths and maltreatment in jails are a regular feature, which agitates public mind. In fact, in a large number of cases, death is caused in a natural way due to diseases, etc. In a landmark judgment in the case of Ramamurthy vs. State of Karnataka, the Supreme Court gave quite a good number of suggestions asking the Government to bring about reforms in the prisons and to replace the century-old Prisons Act-1894.
The court directed the Government of India for framing of a Model All India Jail Manual. So, the Bureau of Police Research and Development (BPR&D) prepared a draft Model Prison Manual in 2002 and circulated an outline of the Indian Prison Bill, 1996 to all States. As the Model Prison Manual has not come into force so far, presently the States are following the essential principles of the manual for superintendence and management.
It is necessary to emphasise that there are very important provisions of law in the Prisons Act-1894 which have been interpreted by courts comprehensively for effective working of prisons. law has provided for association and segregation of prisoners and speaks of their healthcare and urgent removal of seriously ill prisoners for specialised treatment. law has classified 15 categories of offences committed by a prisoner. The Supreme Court has directed that the punishment to be inflicted by the jailor should be of such nature which does not violate the basic human rights of the prisoner. The punishment should not exceed the sentence already imposed by the court or else it will be like ‘double jeopardy’.
Regarding overcrowding in jails, the court held that even if overcrowding is not constitutionally impermissible, undoubtedly it does affect the prisoners’ health. The court directed the authorities to take appropriate decision on the recommendations of the law Commission in this regard. Also, overcrowding does not permit segregation among convicts, those punished for serious offences and for minor offences. The result may be that hardened criminals spread their influence over other inmates. Juvenile offenders some times are kept in regular jails because of inadequate space in alternative places like juvenile homes and children homes. In the process, they get mixed up with adult offenders and are likely to get spoiled further.
Similarly, the court has suggested for release of the prisoners in case of protracted trial on bail and for premature release of the convict by the State Sentence Review Board under Section-433 (A) CrPC and for temporary release on “furlough” and “parole” by an order of the IG of Prisons and Government, respectively, at intervals for their socialisation with family and friends. In that process, they become part of the social mainstream on completion of the period of imprisonment.
Regarding production of under-trial prisoners before court on remand dates, the apex court has suggested entrusting such duty to prisons staff. Similarly, the court as a part of jail reform has given direction for keeping complaint box in jails and give telephone facilities for prisoners. The court has also stressed for streamlining jail visits ofthe family, friends and lawyers of prisoners as part of prisoners’ socialisation. The court’s last direction was for introducing more Open Air Prisons at least in all districts, which is being done by State Governments in a phased
manner. In Odisha, the process is on to have Open Air Jails at Basta in Baleswar district and Jujumara in Sambalpur. The State now has only one such jail at Jamujhari in Khordha district.
The life convicts who show good behaviour in jails and change of attitude are brought to open air prison for further reformation so that on their release either on completion of sentence they are rehabilitated as part of the mainstream of society.
It is heartening that in Odisha there is Naribandi Niketan at Sambalpur exclusively for women prisoners and there is a proposal to establish a women prison at Baripada. For reformation of juvenile offenders, there are two observation homes at Rourkela and Brahmapur managed by the State Women and Child Welfare Department.
Regarding premature release of life convicts so far on the recommendation of the State Sentence Review Board, Odisha has released 93 life convicts in 2011, 61 in 2012, 87 in 2013 and by March 2014, 27. The Mercy Petition Committee has recommended to the State’s Governor to release prisoners who are terminally ill and in dying condition in exercise of the powers vested on him under Article-161 of the Constitution to pardon, commute, reprieve and remit the sentence. So far since 2012, five such prisoners have been released.
Another aspect is that in offences where punishment is below seven years of imprisonment, the UTPs can avail the benefit of “plea-bargaining” on the initiative of the Jail Superintendent. By this process, the case of the UTPs can be disposed of by the court early with a lesser punishment where the accused is prepared and willing to give reasonable compensation to the victim. This is done by way of prior-hand conferencing between the judge, prosecutor, investigating officer, the victim and the accused.
(The writer is a former Special Judge, CBI, Bhubaneswar and a former Professor of law, lalBahadur Shastri National Academyof Administration, Mussoorie)