NOTE:
This joint research paper has been published recently in Journal of Political Science, Vol. XI, No. 2, November 2015, pp. 5-14.
It will be available online at www.jpsdav.com shortly.
Dr. Renu
Professor & Head
Dept. of Public Admin.
Punjabi University, Patiala (Pb)
Mrs. Deepika Sharda Lecturer of Public Admin.
Public College, Samana (Pb)
In criminal justice system, the correctional
component assumes role of critical importance as compared to the other
components such as law enforcement, legislation and judiciary. The Constitution
of India assigns the custody and correction of criminals to the states and
union territories. “Prison, as a formal agency of the Criminal Justice
Administration, has a unique role in a democratic society. These are utilized
both, for incarceration of convicts as well as for providing custodial care to
the under-trials. In India, prisons constitute the largest area of penal
administration.”[i]
Imprisonment has been the oldest method of dealing with the offenders who were
likely to put in danger the order and peace in the society. With the passage of
time, the concept of imprisonment as punishment underwent a great change.
Nowadays, imprisonment in addition to punishment is also recognized as a means
of reformation and rehabilitation of the offender. This modern concept is the outcome of a
number of prison reform movements all over the world which greatly influenced
prison administration in India also. Various expert bodies and commissions
examined the prison administration in India since Independence and gave
recommendations. Though the implementation has yet to match the intent, yet in
the wake of heightened interest in area of human rights of prisoners in the
present times, the prison administration in India became a subject of an
intense debate and scrutiny at various forums as never before. The press,
electronic media and human rights groups often raise the subject of reforms in
the poor conditions of the prisons which are now considered correctional
institutions. Incidents of inhuman treatment, use of third degree methods in
jails, sick
prison-industries, illegal use of drugs and cell phones, overcrowding of
prisons, gang-wars, understaffing, low personnel morale, and inadequate facilities to the prisoners attract the attention of everyone in
today's civilized society. It is disturbing that
instead of reforming the prisoner, the prisons are increasingly perceived these
days as a place of corrupting, dehumanizing and hardening an ordinary criminal
who can then pose a threat to the peace of the society.
Prisons as
modern correctional institutions/SUDHAR
GHARS
It
is right that 'Jails' or prisons are penal institutions, housing both
prisoners, awaiting trial and prisoners committed to sentences but nowadays; in
addition to that, they are driven by a new philosophy emphasizing reformation
and rehabilitation. Jails are not
the confinement cells to dehumanize, humiliate and punish the
prisoners but they are considered reformatory houses. The object of punishment
ought to be nothing else but the destruction of vices in human beings.
According to the Reformation Theory of Punishment, a criminal is to be studied
like a patient, keeping in view his socio-economic background, to understand
the factors leading to his criminality and then an attempt has to be made to
reform, treat and rehabilitate the offender. Prisons have to work as hospitals,
where such sick people are to be treated. The correctional process aims to reincorporate
the offender into the society as normal citizens. A modern correctional
institution offers a variety of programs. These include individual or group
therapy sessions, scholastic education, trade and vocational training,
maintenance work, recreational and social activities and industrial employment[ii].
All these measures help the rehabilitation of the prisoners and help them to
earn a legitimate living and be a law-abiding citizen when they return to the
society. Religious institutions also have a presence in many prisons with a
goal of teaching ethics and instilling a sense of morality in the prisoners. Vipassana meditation helps too. Kiran
Bedi as the Inspector General of Tihar prison in 1993 set a brilliant example
by bringing fundamental changes reflecting transition from a wooden prison
system to a responsive and sensitive prison administration.[iii]
Though prison conditions vary from state to
state, India still broadly retains a system set up during the colonial
times. The important acts in this regard
are: The Prison Act of 1894, The Prisoners Act of 1900, The Transfer of
Prisoners Act of 1950 and for correctional purpose, Reformative Schools Act,
1897, Juvenile Justice Act, 2000 (and its amendment, 2006), Probation of Offenders
Act, 1958 and Parole rules of the various State governments etc. are worth
mentioning for a kind of humanitarian approach. The Supreme Court and various
High Courts in India have repeatedly given guidelines on various issues
connected with prisons.[iv]
SCOPE OF
THE STUDY
At present there are eight Central jails in
Punjab; namely Central Jail, Patiala, Central Jail, Bathinda, Central Jail,
Ferozpur, Central Jail, Gurdaspur, Central Jail, Ludhiana, Central Jail, Kapurthala,
Central Jail, Faridkot and Central Jail, Amritsar.[v]
These jails with a large capacity are considered the maximum security jails and
have rehabilitation facilities. The scope of the present study is limited to
the environment obtaining in Central Jail, Patiala. Very old and huge
institution, it is situated in Patiala which is a large city in southeastern
Punjab in northern India.
OBJECTIVES
AND METHODOLOGY OF THE STUDY
A survey was conducted of the Central Jail, Patiala,
now called Sudhar Ghar, Patiala during 2013-15 with an objective to examine
whether it is truly functioning as a Sudhar Ghar. With the help of different Interview
Schedules and Observation method, 81 jail
officials in
Patiala Central Jail were covered. Keeping
in view a very large number of inmates lodged in the CJ Patiala, a random
sample of 253 prisoners was chosen which included male and female, convict
and under-trial prisoners. Observation Method was also used during personal visits to CJ Patiala.
Correctional programs initiated in Central Jail,
Patiala
It was in 1980, the Punjab Government, with a
view to transform these institutions into reformatory centers, named the jails
in the state as Sudhar Ghar[vi].
The
philosophy of reformation and rehabilitation of offenders casts upon prisons
the responsibility of utilizing the period of imprisonment of offenders for
their treatment with a view to modify their behavior to re-socialize them.
There are various institutional and non-institutional
reformatory measures like parole, furlough, remission system, probational
release, gratuity scheme, work in prisons and welfare programs etc are good
tools for reformation of prisoners. Further; things necessary for correction
and reformation of prisoners are: proper environment, education and cultural
education in particular, personal contacts with prisoners, employment and
vocational training, scientific classification, borstal institutions,
recreational facilities, drug de-addiction, games and system to avoid
over-crowding. The Punjab Jail Department has launched a
number of programs from time to time, premature release of prisoners, parole
and furlough, prisoners' panchayats, probation of offenders technical and
vocational training etc. are the programs which aim, in one way or the other,
to reform the offenders[vii].
It was found that the following measures
have been there in Patiala Sudhar Ghar:
1. In the
Patiala Sudhar Ghar, it was found that free education in collaboration with
I.G.N.O.U. and Punjab School Education Board (through Open School system) is
being provided to the prisoners. The prisoners can pursue their studies from
other Boards and Universities as well, but for that they have to bear the
expenses from their own pocket. There is no upper limit on education. Even a
prisoner namely Dr. Mandeep Gaur completed his Ph.D. on the topic of "Role
of religion in re-socialization of prisoners". It is good as education moulds the personality of a person and
helps him to adjust to his social environment. The Model Prison Manual[viii]
lays down that a diversified education program aims at developing a better
understanding of the duties and obligations of a citizen, improving the
attitudes of inmates towards society and encouraging the development of a
desire to live a good citizen.
2. A
library for study of prisoners has been provided in the Jail.
3. Morning
prayers for the Jail inmates have been introduced. There are Gurudwara and Temple within the premises of Sudhar Ghar
Patiala. Prayer and religion can influence their habits, beliefs and
intellect and can compel them for voluntarily changing their social behavior
and develop a spirit of forgiveness, cultivation
of universal brotherhood, hope etc.
4. Yoga and P. T. have also been introduced which play good influence on the physical and mental health of the
prisoners.
5. A
separate music room has been made available to the prisoners for practice of
music.
6. Cultural
activities and congregation etc are being organized on regular basis to give a
refreshing break from the monotony of the prison life. Bhangra and Gidha teams
of jail inmates have been made, who gave their performances on various
occasions. Various festivals are celebrated too.
7. Jail
department is providing the common recreation facilities to the Jail inmates
like Television with cable channels was made available to inmates, who could
watch it upto 11.00 PM.
8. In
another move, government has started organizing games
in the jails for improving the health of prisoners and drug de-addiction
purpose as well. Games in the jail have taken form of mini Olympics and
government has decided to give relaxation of two months in imprisonment to the
prisoners, who perform exceedingly well in these games[ix]. In 2015,
Punjab Jail Sports Meet was
going to be organized for 3rd time.
9. Moral
instructions through lectures play
healthy influence on the criminal and go a great way in reshaping his emotions
which have been ruined, maladjusted and distorted. Some
NGOs, philanthropists and social
workers visit prisons for inspiring those who have deviated from the path of
goodness. The Art of Living courses
were organized for the inmates of Patiala Sudhar Ghar.
10. Human
rights awareness camps are organized
for awareness of prison inmates from time to time.
11. Programs
for providing training in weaving, beauty parlor work and carpentry etc. have been initiated to prepare the prisoners to earn their living in future in a dignified
way.
12. A
computer lab has been established in Central Jail, Patiala, wherein the
prisoners can learn computers for their future
source of earnings
after release from the Jail.
13. Government
is running a drug de-addiction centre in the Patiala Central Jail, where
various methods like counseling sessions, movies and congregations are
performed.
14. Counselors
have been deputed to the Jail for stress management of prisoners.
15. Prisoner
Call System has been started in Central Jail, Patiala, wherein the prisoners
can make phone calls on any of pre-loaded four phone numbers twice a week so
that they can keep in touch with family and desire to return to their normal
life.
CRITICAL EXAMINATION OF SUDHAR GHAR
PATIALA
It
was good to see that Central Jail, Patiala has started certain correctional
programs as discussed above in addition to the regular Parole, Furlough and Probation etc., but there are certain other
conditions to be fulfilled if any jail has to work as a "Sudhar Ghar", e.g. jail officials
should be well trained and competent so that they are able to help the
prisoners in rehabilitation, basic needs of the prisoners like cleanliness,
clean drinking water, toilets, proper food and clothing etc should be
fulfilled, proper medical help to inmates should be available round the clock,
counseling should be available to the prisoners to bring positive changes etc. The
jail building should have proper ventilation and the environment should be such
which can improve not only the mental and physical state of the inmates but
also create a sense social relationship among them. Environment plays an
important role in achieving the aim of reformation.
But
in the survey conducted, it was found that nearly
2,500 inmates were lodged in the Patiala Central Jail against the sanctioned
strength of 1,200 as on 2013, resulting into over-crowding in the Jail in the
year 2014. Only 171 jail personnel consisting 13 Superintendents/Deputy Superintendents/
Assistant Superintendents, 9 Medical Staff and 149 Warders were posted in the
jail to control and reform such a staggering number of prison inmates. Hence,
ratio between jail officials and prisoners comes out to be nearly 1:15. In this
scenario, it becomes utmost difficult to control as well as reform the
prisoners. The overcrowded cells create a lot of problems like lack of hygiene
and mismanagement for the inmates as well.
Latrines and bathrooms in the jail were in bad
shape. 55.73% inmates told that they were not being allowed proper clothing in
the jail. 57.31% prisoners complained that they were not getting proper food in
the jail. Over 70% inmates were unhappy regarding availability of library in
the jail. It was surprising that 73.13% inmates were unaware about the facility
of further studies available in the jail. It was good to note that majority of
prisoners expressed satisfaction regarding availability of clean drinking water
in the jail. R.O.s were also installed to provide sufficient clean drinking
water to them by the Jail authorities. However, the toilets were inadequate for such a large number of prisoners and they
were dirty also.
There were only 09 medical officials to take
care of health of more than 2,500 prisoners. Out of above mentioned 09 medical
officials, only 04 were doctors and surprisingly, out of them, only one doctor
was on regular basis, rest being the guest/visiting doctors. It was shocking to
find out that in such a huge, overcrowded jail, only 01 old ambulance was
available in the jail, which could carry only one or two sick prisoners to
hospitals/dispensaries out of jail in the event of major ailment. 56.92%
inmates felt that the doctors posted in the jail were careless.
From the jail officials' point of view, budget
allocation to the jail was very low to carry out the works of the Sudhar Ghar. 75% jail officials told that they were
facing problem of inadequacy of staff/funding, political interference and
overcrowding of inmates. They also felt deprived from proper rest and
sufficient modern techniques. In addition to it, the
jail officials also revealed that there was no program for rehabilitation of
prisoners after completion of their punishment.
So
far as training of the officials is concerned, though the jail department takes
due care of it and 75% jail officials were satisfied with their training, yet
if we talk about the modern challenges being faced by the jail officials like
use of mobile phones by inmates, gang-wars within jail, supply of drugs from outside
and new methods of fleeing from jail, the jail official did not seem to be
trained enough to handle these things well. 87.50%
jail officials told that they were vigilant about the human rights of the
prisoners while dealing with them. Shockingly, a majority of the jail officials
did not know anything about Draft Prison Bill, 2010, which is being designed to
improve the overall condition of Jails. The
administration of the Central Jail, Patiala like other jails of India, barring
Tihar Jail, Delhi and Central Jail, Bangalore, has not woken up to the value of
training of personnel in modern techniques of prison management.
From
humanistic angle, the prisoners appreciate sympathy and prison personnel must
be capable of understanding the psychology of the prisoners. Over-worked and
stressed officials cannot be expected to live up to this challenge though all the jail officials in the selected sample said that they listened
to the complaints of inmates daily. 62.50% jail officials told that they had
information available regarding physical and mental problems of the prisoners. Visits
of Psychiatrists/ counselors from the office of Civil Surgeon, Patiala were
being arranged sometimes for psychological counseling of the inmates to improve
their behavior. On the other hand, 57.31% prisoners revealed that treatment of
Jail authorities towards them was so-so; it is sometimes good and sometimes
bad. The researcher observed that the prisoners were feeling restrained while
answering this question about their treatment by the Jail authorities. It says
volumes about the treatment of the prisoners by the jail authorities.
For prisoners, although vocation training
for rehabilitation like printing, chair-making and welding etc was being
imparted in jail factory yet there was no program by which any employment was
being provided to the prisoners after their release from the jail. 51.38% prisoners told that they were not getting work and wages for
the same in the jail.
It was good to note
that employment training programs were being carried out in jail in
collaboration with I.T.I, Patiala. ‘The Punjab Prisons Department has now hired
prestigious Indian Institute of Management (IIM)-Ahmedabad to prepare a blue
print for modernizing prisons. A MoU in this regard has already been signed
between Additional Director General of Police (ADGP) Rajpal Meena and Professor
IIM-Ahmedabad Dheeraj Sharma, who is expert on jail reforms. As per MoU, the
focus area of the IIM study includes rehabilitation of inmates with particular
focus on skill development. The most important aspect is to take help of the
IIM in manufacturing high-quality products in jails and to develop retail, distribution
and branding strategy for prison-made products. After this study, the IIM will
provide framework for development of accredited and high-quality products and
ways to get quality accreditation from certifying agencies.’[x]
It
was disturbing to note that 42.69% prisoners perceived that there was no
activity in the jail which brought positive change in their behavior. It was
alarming to find out that a majority of inmates feel that life/experience in
the jail has made them more criminal minded/hard hearted. Therefore, it
shows that Patiala Central Jail is ill-equipped to a large extent to function
as a "Sudhar Ghar.”
SUGGESTIONS:
There is an urgent need to make comprehensive
jail reforms. Following are some suggestions
to make jail administration reformation
oriented:-
1. The jail
administration in the Central Jail, Patiala like all other jails in India works
as per archaic 1894 Prison Act which must be replaced by a new
Prison Act and the NHRC should prepare a draft Bill. Prison Manuals also
require amendments with a human rights perspective.[xi]
The Draft of Punjab Prison and Correctional Services Act, 2015 is quite good
and it must be made an act as soon as possible in order to drastically change
the prison administration in tune with the modern needs of a Sudhar Ghar.
2. Government
should increase budget of Central Jail, Patiala sufficiently. The Union Home
Minister, Shri Rajnath Singh recently said
that the Centre would make all efforts to
provide funds for modernization of jails. From the next financial year, the
Centre would focus on the second phase of their modernization. For the first
phase, the Centre had provided Rs.
1,800 crore to States and Union Territories. The second phase of the programme
starts in 2015-16.[xii] It must be implemented in the right spirit.
3. Quality of food in the jails is poor and
buildings of kitchen are old and badly designed. Kitchen buildings in jails
should be designed to accommodate modern cooking equipments, it will ensure
saving crucial manpower, cleanliness in cooking and organized distribution of
cooked food. Environment-friendly devices like solar energy, biogas, water
harvesting should be set-up to reduced burden on the resource in jails.
4. Multispecialty
hospitals exclusively for prisoners should be established district wise within
the jails. Tele-medicine system should be introduced
to address shortage of doctors. Since no
female jail official or permanent lady doctor was working there in Central
Jail, Patiala during the period of present research, a special recruitment of
female jail officials and doctors should be carried out keeping in view the female inmates.
5. According
to a report,[xiii]
‘Punjab jails are literally bursting at the seams. Its 26 jails have 44 per
cent more inmates than their capacity…In contrast, the jail department faces a
severe shortage of about 2000 personnel at different ranks.’ To
overcome the acute problem of over-crowded prisons, the
Punjab government is constructing two more central jails in Bathinda and
Amritsar[xiv].
In CJ Patiala, hectic renovation
of barracks is on to increase their capacity which is a
must.
Summing
up, the good work must be continued in the Patiala Sudhar Ghar and efforts must be made to improve the functioning of
the Central Jail Patiala to make it fully a Sudhar
Ghar. More involvement of the community, NGOs, social workers etc. in the
process of reformation should be encouraged. Education, vocational training,
skill development, computer training, productive use of time and energies of
prisoners, proper system of allotment of prison labour, uniform wages system in
all the prisons all over India, regular counseling, awareness programmes about
welfare schemes of govt., adequate training in management of the modern prisons
and sensitization of the prison officials, giving human rights to the prisoners
are important steps towards reformation of a prisoner. Meditation, yoga,
prayers, and religious feelings should be encouraged. A holistic approach
covering the physical, mental and spiritual heath and general well-being of
prisoners is required to make them become more responsible, creative and
potential good citizens.
To
conclude, it can be said that a comprehensive rehabilitative programme for
prisoners after reformation can ensure their successful integration into the
mainstream of the society. One of the very important reasons for the poor
performance of the correctional outcome is largely due to its callous unconcern
for the fate of its ex-clients. Well-designed after-care programmes are imperative
to re-integrate the offender into community life again by preventing the
possibility of relapse into a life of crime again.[xv]
Only then, the task of Sudhar Ghar
will be actually complete.
[i] Shipra
Chauhan & Swati Upadhay, Prison
Management Recent Trends, The Indian Police Journal, July-September
2012, Vol. LIX, No. 3, p. 4.
[ii] B.V.
Trivedi, Prison Administration in India, Uppal Publishing House, New Delhi,
1987, p. 3.
[iii] Kiran Bedi, It's Always Possible - Transforming One of the Largest Prisons in the
World, Sterling Publishers Private Limited, New Delhi, 1998.
[v] Ibid.
[vi] R.
K. Goyal, Reforms in Jail administration:
Perspectives and Prospects, New India Publishers, Chandigarh, 1992, p. 50.
[vii] Neetu,
Prison Reforms in Punjab with special
reference to Open Prisons, Master of Law, Unpublished thesis,
Department of Law, Punjabi University, Patiala, 2005-06, p. 13.
[viii] Model Prison Manual, prepared by Bureau
of Police Research and Development, Govt. of India.
[x] Hindustan
Times, 19th August, 2015.
[xi] Report
of Proceedings of National Seminar on Prison
Reforms, November, 2014 available
at www.nhrc.nic.in accessed on
27-07-2015.
[xii] Don’t
prisoners have rights? Available at http://www.thehindu.com/sunday-anchor/dont-prisoners-have-rights/article7019102.ece,
retrieved on 22nd March, 2015.
[xiii] The Tribune, 14th September,
2015.
[xiv] Hindustan
Times, 8th August, 2014.
[xv] Mridul
Srivastava, After-Care and Follow-up
Services for the Released Offenders in Correctional Settings, The Indian
Police Journal, Vol. LX, No. 2, April-June, 2013.
