Conditions of Indian Prisons

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Rafiq Shah, who was wrongly imprisoned for 12 years, recounts the horrors of his days at jail. He was attacked and thrashed by the jail authorities, and describes the manner in which he was treated as ‘inhumane’.

Prisons are dangerous places to be in, since riots and prejudice is more common than one may perceive. The physical state of the prisons is gut-wrenching. Lack of privacy, cramped space and over flowing are the reality of most Indian prisons. The hierarchies in prison are very strong, prisoners hailing from weaker sections of the society are tortured and made to do menial task of scrubbing the washroom. Often, to ensure security, prisoners are handcuffed for long durations.

Police brutality is seen in a lot of cases, one such case is of Khatri vs State of Bihar where the police blinded 80 suspected criminals by puncturing their eyes with needles and throwing acid on them. This was a classic example of disregard towards life of the prisoners by authorities.

After going through such sub-human and degrading living conditions, prisoners are left incapable of rehabilitation.

The severity of these situations plays tricks on their minds and carves a path for anxiety, loneliness, and depression, and once you tread on that path, making them prone to adverse decisions like suicide.

Overcrowded and understaffed jails

Prison officials and staff include officers, cadre staff, correctional staff, medical staff, ministerial staff and others. The Model Jail Manual 2016 recommends there should be one guarding staff for every six inmates. Even though 70% of the prison staff is of Jail cadre, enough isn’t available to keep with the recommendations. The guarding staffs are mostly over worked with 10 prisoners under each of them. Adding to this, the high numbers of under-trials make the prisons overcrowded. Occupancy ratio is much more than the capacity inside the jails due to ineffective systemic intervention.

Due to lack of staff to overlook and monitor the inmates, fights and violence are prevalent, but remain unchecked.

Lack or insufficient provision of medical aid to prisoners

It is clear from above data that there is a constant shortage of medical staff in the prisons. This adds to the fact that most prisoners belong to socio-economically backward classes of the society, it brings out a rather disturbing picture of unhygienic living conditions. Apart from the medical staff the other staffs are not trained in any form of medical assistance that can be provided. All this factor to prisons being a breeding ground for communicable diseases which when left unattended can prove lethal.

Physical & mental torment

Parmeshwari of Madurai was subjected to solitary confinement, sexual abuse and hostility while in prison. She was dragged naked inside the jail by the wardens and prisoners alike. To compensate her for the torture she faced, she was later given Rs.5000.

Sexual abuse, custodial rapes, and homosexuality by the authorities and inmates are rampant. The jail staffs have access to all areas of the jails, which has led to increased cases of sexual violence.

The obscenity and perversion of all sorts are rampant inside jails, and the authorities turn a blind eye to this. This is basic Human Rights violation, are criminals any less human than other citizens?

As per the Indian constitution, undertrials are not guilty until proven otherwise. But even then, during their stay in the prison, they are subjected to physical torture, violence, and such. A young, new inmate is always an easy target. They are often ganged up against, teased, and even sodomised, while others feast their eyes at this sight. The humiliation faced by the victim is beyond one’s captive imagination.

Often prisoners even suffer from ‘Rape Trauma Syndrome’, which may lead to depression, anxiety, and lack of emotions, much akin to post-traumatic stress disorder.

Lack of proper legal aid

By virtue of the Indian constitution, it is a mandate to provide legal aid to the poor. As per Supreme Court’s ruling pertaining to Article 21, the undertrials are also entitled to fair and speedy trial. But the sad part is that neither do these people have easy access to legal representatives, nor do they have the requisite financial support to their aid. They remain largely unaware of their rights.

Most of them belong to weaker sections of the society, and do not have the resources to even pay for the high amounts of surety as ordered by courts. Most of them, who are accused of minor offences, remain behind the bars without even being given a hearing due to delays in the legal system. The least that can be done by the police authorities is to educate them on the how-to of things and the resources they have at their disposal.

Corruption and other malpractices

Apart from the torment faced by the inmates, there is corruption and malpractice prevalent in the prisons. Since there is no proper and regular inspection, hierarchical prejudice and bribery is unrestrained. On one hand, poor people who are socially and economically less privileged are deprived of basic human rights, while on the other hand, others can get access to liquor, cigarettes, weapons, and so on by greasing the palms of the wardens.

Nelson Mandela said, “It is said that no one truly knows a nation until one has been inside its jails. A nation should not be judged by how it treats its highest citizens, but its lowest ones.” If we were to judge the condition of the nation in the state of its prisons, the data doesn’t project a bright picture of India. We as a society have no knowledge of these conditions. This is not just because the data is not being available, it is also because we as a society choose to ignore what cannot be seen and because we believe prisons are a place of retribution and not a place of reform.

However, all is not lost. For the biggest prison in the country, Tihar jail is setting some great examples through the reformative measures that take place in it.

Tihar Jail and reformation measures-

Arrangements for formal education are available for prisoners. Educational activities are carried out by pooling in government resources and also have a lot of NGO participation. Study Centres from Indira Gandhi National Open University (IGNOU), New Delhi and National Institute of Open Schooling (NIOS), Delhi are established