A former Judicial Commissioner, during his inspection some time back, found several convicted fodder scamsters either loitering in the Birsa Munda Central Jail at Hotwar or had got themselves admitted in the medical ward on "flimsy" ground.
He sought an explanation from the then Jail Superintendent DK Pradhan on the lax rules in the prison. Nobody knows about the explanation as the said Judicial Commissioner stands transferred and Pradhan was put under suspension during the President's rule for some other reasons.
Ironically, the jail authorities, according to sources, always maintained records showing they (convicts) put in 'hard labour' so that they could be declared to have served the complete sentence awarded by a court.
Now, the jail authorities have said that Birsa Munda prison's most famous prisoner lalu Prasad will teach political science and management to the fellow inmates.
This has triggered a debate whether rigorous imprisonment (RI) really means the rigours of prison like hard labour. lalu was awarded five-year rigorous imprisonment in the multi-crore fodder scam by a Special (CBI) court on Thursday.
"Rigorous imprisonment means it has to be served doing hard labour, whereas in simple imprisonment no hard labour is required to be done by a prisoner. This is what Section 53 of the Indian Penal Code says about RI," pointed out a lawyer, adding that the teaching job will come under "light work" category.
lawyer Rajiv Kumar said that the concept of RI has ended up ceremonial and just confined to the statute book. "There is no meaning of sentencing with rigorous imprisonment if a convict does not feel the pinch of punishment," Kumar, who has filed a PIl saying the RJD chief was enjoying a comfortable life in the jail in violation of the jail manual, said.
Former Advocate General Anil Sinha said that the British concept of the RI has changed and now a convict has to be given work according to his/her skill. "An RI sentenced prisoner in colonial days had to break stones or was made to do road construction work. But today nothing of that sort happens," he pointed out.
A former Jail Superintendent confided that many of those convicted to undergo rigorous imprisonment in Birsa Munda jail may actually be serving just simple imprisonment as the prison does not have enough work for the convicts.
There are around 3,000 inmates, both convicted and undertrials, in the central jail. It runs a blanket making industry. Besides, it also runs centres of National Open School and IGNOU where around 350 inmates are preparing for various examinations.
"Also we could not allot the convicted fodder scamsters and other high profile sentences prisoners them work as most of them were enlarged on bail after a stay of a fortnight," he pointed out.
The problem in Jharkhand is that it still functions under the age old jail manual where the RI has not been defined in view of the changing time.
"The vagueness about RI often leads to its misuse. The type of treatment, the type of work, to be meted out to an RI convict also depends on the whims and fancies of the jail superintendent. And it is absolutely true one can be given very light jobs despite convicted and sentenced to RI," pointed out a senior lawyer.
On the other hand, In fact, the Bihar Government had adopted a new Jail manual in 2012 defining various works to be allotted to the convicts in the category of light, mild and hard labour.
The works categorised as bamboo and cane work, brick making, carpentry, chopping firewood, gardening, grain harvesting and husking for jail use, hair cutting, hospital attendants, masonary and building work of jail premises, repairing jail road, weaving power loom and black smith shop among others.
Jail IG Shailendra Bhushan said sentenced prisoners, under the rules, are allotted work according to their ability, background and requirements of the jail subject to the approval of the jail doctors. "The purpose of allotting work is to reform and rehabilitate a prisoner when he comes out of jail," he added.
"I cannot say anything about a particular prisoner, as he (lalu) would be allotted suitable jobs by the jail superintendent," he added.
According to the Jail IG, a skilled, semi-skilled and unskilled convicts are paid remuneration of Rs 151, Rs 122 and Rs 103 respectively.
Jail Superintendent Virendra Kumar could not be contacted to know whether he has initiated proceedings to allot work to lalu or not.