A Critical Analysis Of The Human Rights Of Women Prisoners And Their Abuse In Indian Prison

Author: LawSphereX

Category: Constitutional & Human Rights

Published: 2026-08-23T17:06:57.39756+00:00

Updated: 2026-08-26T17:12:41.787+00:00

A CRITICAL ANALYSIS OF THE HUMAN RIGHTS OF

WOMEN PRISONERS AND THEIR ABUSE IN INDIAN

PRISON

Dr. Sandeep Kumar, Associate Professor, HPUILS, Shimla Samita Kumari, Ph.D. Scholar, Department of Laws, Himachal Pradesh University, Shimla-HP

ABSTRACT

All humans are autonomous, free, and deserving of respect; they are also born with some fundamental rights. These rights mainly consist of the right to life and liberty, but if someone disobeys social conventions, those rights are taken away along with the proper punishment. Human rights are universal and unalienable to all individuals, regardless of their country of origin, location of residence, sex, race, gender, religion, language, or any other status. According to List II (State List), found in Schedule VII of the Indian Constitution, prisons and their administration are state affairs since these rights are basic and everyone has an equal and unrestricted access to them. In prison facilities throughout states and union territories, there are several levels of prisons, including central jails, district jails, women's jails, sub jails, open jails, special jails, and borstal schools.

The jail population has dramatically grown over the past few decades, posing problems with security, health and hygiene, overcrowding etc. There were 1,319 prisons around the country as of December 31, 2021, according to data from the National Crime Records Bureau. Correctional facilities fall into three major categories: Central prisons (148), District jails (424) and Sub jails (564). Additionally, there are special prisons (41), open prisons (88), borstal schools (19), and women's prisons (32). The total number of prisons at national level has increased from 1,330 in 2022 to 1,332 in 2023 having increased by 0. 2%. The 1,332 prisons in the country consist of 549 Sub Jails, 436 District Jails, 152 Central Jails, 101 Open Jails, 47 Special Jails, 35 Women Jails, 10 Borstal Schools and 2 Other than the above Jails.

The primary object of this study is to analyse the rights of women prisoners as guaranteed by the Indian Constitution, as well as National and International legislations in India. Due to the inadequate implementation of these regulations, women who are incarcerated face a variety of problems. The study explores the rights of women prisoner in India and problems faced by women prisoners in Indian prison. Researcher will find out the safeguards that are made only for women prisoners. The Research Methodology used

by the researcher is purely doctrinal in nature. The researcher has used the secondary sources for material such as books, Journals, Reports and online Articles. Keywords: Human Rights, Prisons, Prisoner, Female Prisoners.

1. INTRODUCTION

Prison is included in List II of Schedule VII of the Constitution of India, the management of prisons is a state matter. Different States/UTs have different levels of prisons inside their prison establishments. The 1,332 prisons in the country consist of 549 Sub Jails, 436 District Jails, 152 Central Jails,

101 Open Jails, 47 Special Jails, 35 Women Jails, 10 Borstal Schools and 2 Other than the

above Jails. The highest number of jails was reported in Rajasthan (155) followed by Tamil Nadu (142), Madhya Pradesh (132), Andhra Pradesh (106), Odisha (92) and Uttar Pradesh (77). These Six (6) States together cover 52.9% of total jails in the country as on 31st December,

2023. Delhi has reported the highest number of Central jails (14) in the country as on 31st

December, 2023. Uttar Pradesh has reported the highest number of District jails (64). States/UTs like Goa, Chandigarh, DNH & Daman Diu, Delhi, Lakshadweep and Puducherry have no District Jail as on 31st December, 2023. Tamil Nadu has reported highest number of Sub-jails (104). States/UTs like Arunachal Pradesh, Goa, Haryana, Maharashtra, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Chandigarh, Delhi and Ladakh have no sub-jail in their States/UTs, as on 31st December, 2023. Only 16 States/UTs were having Women Jails (35 Women Jails) with a total capacity of 7,086 in India and the rest of 20 States/UTs have no separate Women Jail as on 31st December, 2023. 1 Those who are imprisoned continue to be natural or human beings. He still qualifies as a person and is entitled to enjoy the same rights as those who are not in prison.

There are various limitations on the rights of those who have been convicted.

2. MEANING AND DEFINITION OF HUMAN RIGHTS

Human rights are fundamental freedoms that every person is entitled to, regardless of their nationality, ethnicity, religion, or other characteristics. We are able to fully develop and use 1 National Crime Record Bureau, available at: https://www.ncrb.gov.in/prison-statistics-india.html (last visited on September 13, 2025).

our human traits, including intelligence and talent, as well as to meet our bodily, spiritual, and other requirements thanks to human rights and fundamental freedoms. Human rights are sometime termed fundamental rights or basic rights or inherent rights. As inherent rights, it is believed that both men and women are entitled to them. 2 "Human rights" refers to the freedoms to live, be free, be treated equally and have one's dignity respected as protected by the Indian Constitution or by international treaties that are upheld by Indian courts. Human rights refer to basic liberties or human rights. Claims made as those that ought to be protected by law in order to ensure that every person may fully develop their personalities and their independence on a spiritual, moral, and other level. 3 “Human Rights” are the rights possessed by all human being simply because they are human beings.

But a narrow definition of “human rights” has been given under Protection of Human Rights Act, 1993. Section 2(d) of the Act defines “Human Rights” as the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the international Covenants and enforceable by Courts in India. This Act gives a very narrow definition of “Human Rights” and does not include all the fundamental rights guaranteed by the Constitution and embodied in International Covenants on human rights. According to the Oxford Learner Dictionary Human rights means one of the basic rights that everyone has to be treated fairly and not in a cruel way, especially by their government. 4 According to Cambridge Dictionary Human right means the basic rights that it is generally considered all people should have, such as justice and the freedom. 5 In the case namely, P. T.

Munnichikkanna Reddy v. Revamma6 it has been held that the right of property, is now considered to be not only a Constitutional right but also a human right. Further, in Tukaram Kana Joshi v. Maharashtra Industrial Development Corporation7 the Supreme Court held that the right to property is considered to be not only statutory right but also a human right. Though, it is not a basic feature of the Constitutional and Fundamental right. Human Rights are

2 Dr. S. K. Kapoor, Human Rights under International Law and National Law 1 (Central Law Agency,

Allahabad 6th edn.,2014).

3 A. N. Sen, Human Rights 13 (Sri Sai Law Publications Faridabad, Haryana, 1st edn.2002).

4 Oxford Leaner’s Dictionaries, available at:

https://www.oxfordlearnersdictionaries.com/definition/english/human-right#:~:text=human%20right- ,noun,way%2C%20especially%20by%20their%20government (last visited on September 13, 2025). 5 Cambridge Dictionary, available at: https://dictionary.cambridge.org/dictionary/english/human-rights (last visited on September 13, 2025).

6 AIR 2007 SC 1753.

7 (2013) 1 SCC 353.

considered to be in the realm of individual rights, such as the right to health, the right to livelihood, right to shelter and employment etc.

3. MEANING AND DEFINITION OF PRISON AND PRISONER

Meaning of the Prison, according to Cambridge dictionary “Prison a building where criminals are forced to live as a punishment- conditions in the prison are said to appalling. ”8According to Merriam Webster dictionary “Prison is a state of confinement or captivity or a place of confinement especially for lawbreakers or an institution for confinement of persons convicted of serious crimes. ”9 According to the Cambridge dictionary meaning of Prisoner “Prisoner climbed onto the prison roof to protest the conditions inside the prison. 10 Meaning of Prisoner under Merriam Webster dictionary “a person deprived of liberty and kept under involuntary restraint, confinement, or custody.

” 11Section 3 of the Prisons Act,1894 "Prison" means any jail or place used permanently or temporarily under the general or special orders of a State Government for the detention of prisoners, and includes all lands and buildings appurtenant thereto, but does not include - any place for the confinement of prisoners who are exclusively in the custody of the police; or- Any place specially appointed by the State Government under section 541 of the Code of Criminal Procedure, 1882; or any place, which has been declared by the State Government, by general or special order, to be a subsidiary jail. 12 Section 2 of the prisoners Act, 1900 "prison" includes any place which has been declared by the State Government, by general or special order, to be a subsidiary jail.

13 Section 2(c) of the transfer of the prisoner Act, 1950 "prison" includes any place which has been declared by State Government, by general or special order, to be a subsidiary jail. 14 Section 2 (b) "Prison" includes- (i) any place which has been declared by the State Government, by general or special order, to be subsidiary jail; and (ii) any reformatory, Borstal institution or other institution of a like nature. 15 According to Section 2 of The Repatriation of Prisoners Act, 2003, “Prisoner” 8 Cambridge Dictionary, available at: https://dictionary. cambridge. org/dictionary/english/prison (last visited on September 14, 2025). 9 Merriam Webster, available at: https://www. merriam-webster. com/dictionary/prison (last visited on September 14, 2025). 10 Cambridge Dictionary, available at: https://dictionary. cambridge.

org/dictionary/english/prisoner (last visited on September 14, 2025). 11 Merriam Webster, available at: https://www. merriam-webster. com/dictionary/prisoner (last visited on September 14, 2025).

12 The Prisons Act, 1894 (9 of 1894), s. 3.

13 The Prisoner Act (Act 3 of 1900) 1900, s. 2.

14 The Transfer of Prisoners Act (1950 Act no. 29) 1950, s.2(c).

15 The Prisoner (Attendance in Courts) Act (Act 32 of 1955) 1955, s. 2(b).

means a person undergoing a sentence of Imprisonment under an order passed by a criminal court including the courts established under the Law for time being in force in contacting States.16 Women's demands are substantially different from men's needs in prison; they have particular health requirements for both themselves and their offspring (offspring born while the mother is incarcerated). All human rights, including those related to politics, the economy, society, culture, and civil rights, must be enjoyed and protected equally by men and women in all of these areas. Discuss the following rights of women in prison:

4. RIGHTS OF WOMEN PISONERS IN INDIA

The Prisons Act of 1894 and the different State government’s prison manuals control the management and administration of prisons, which is solely the responsibility of the state governments. Therefore, it is mostly up to states to alter the existing jail laws, rules, and regulations. States have an obligation to take action to fulfil their obligation to protect people from violations of human rights. Prisoners fall within the umbrella of human rights. Discrimination has no effect on the fundamental rights to life, health, fairness and justice, humane treatment, dignity, and protection from abuse or torture. In India Supreme Court has spoken about the conditions of prisoners that exists in the Prison in Shatrughan Chauhan v. Union of India17. Broad principles laid down regarding imprisonment and custody in the case Prem Shankar Shukla v.

Delhi Administration18 the Supreme Court held that handcuffing as inhuman and unreasonable practice on the women offenders. Sunil Batra (I) v. Delhi Administration,19 Apex Court was held that solitary confinement violates the fundamental right guaranteed by Article 21 Part- III of the Constitution of India. D. K. Basu v. State of West Bengal20 SC held that any form of torture or cruel, inhuman or degrading treatment would fall within the violation of prisoners right enshrined in Article 21 of the Constitution of India. Sheela Barse v. Secretary, Children Aid Society21 Supreme Court issued guidelines for the protection of Constitutional rights of women prisoners. Article 14 of the Constitution provides equality before law, Article 15 prohibits the

16 The Repatriation of Prisoner Act (Act no. 49 of 2003) 2003, s. 2.

17 2014 (1) SCALE 437.

18 AIR 1980 SC 1535.

19 (1978) 4 SCC 409.

20 AIR 1997 SC 610.

21 (1987) 3 SCC 50.

general discrimination on the basis of sex and Article 21 provides protection of life and liberty which covers the rights of prisoners. Women inmates are discussed in Section 25 of the All India Committee on Jail Reforms (1980- 1983)22, which may be found on pages 207–213. The Committee of Empowerment of Women (2001–2002)23 has also called attention to the necessity for a review of the jail laws. Additionally, the Government's Expert Committee on Women inmates, presided over by Mr. Justice V. R. Krishna Iyer, issued a number of really helpful suggestions for women inmates as well as proposing a National Policy for Justice for women under prison.

Women inmates are discussed in Chapter 24 (pages 254-274) of the Model Prison Manual in India for the Superintendence and Management of Prisons, which was created by the Bureau of Police Research and Development (BPRD), which is part of the Ministry of Home Affairs, Government of India. Another organization created to safeguard human rights is the National Human Rights Commission. The Prison Act of 1894 does not include any specific reference of women inmates; as a result, it is applicable to all convicts, regardless of sex. The Prison Act of 1894 contains eight chapters: Chapter III addresses the responsibilities of prison officers; Chapter IV covers prisoner admission, removal, and discharge; Chapter V covers prisoner separation; and Chapter VIII addresses the health of inmates.

It is clearly stated in Section 46 of the Prison Act of 1894 Chapter XI, which deals with jail offences and penalties, that female prisoners are not subject to the imposition of handcuffing or fetters etc. 24 Inmate’s rights for women include the following: • Rights of Pregnant Women in Prison Only when there is no other option should pregnant women be put to prison. Specific accommodations must be provided for them both situations while they are expecting the birth of their child and throughout the time they are breastfeeding. Applying any security measures during the actual birth raises some particularly delicate challenges. It should always be assumed

22 All India Committee Jail Reform Volume 1, available at:

https://www.mha.gov.in/MHA1/PrisonReforms/NewPDF/Mulla%20Committee%20implementation%20of%20recommendations%20-Vol%20I.pdf (last visited on September 19, 2025).

23 Committee of Empowerment of Women (2001-2002), available at:

https://eparlib.nic.in/bitstream/123456789/783360/1/13_empowerment_women_3.pdf (last visited on September 19, 2025).

24 The Prisons Act, 1894 (Act IX of 1894), s. 46.

that no pregnant woman will give birth inside of a jail. In this context, The All India Committee on Jail Reforms (1980-1983) proposes in Paragraph 13. 11. 17 that inmates should be prescribed specific diets and exempted from inappropriate sorts of employment for pregnant and nursing women. The Committee of Empowerment of Women (2001-2002) stressed the equivalent necessity for female prisoners in paragraph 1. 18. Guidelines for pregnant inmates in jail are outlined in Model Jail Manual paragraphs 24. 20 and 24. 21. The female medical officer is required to inform the Superintendent of any pregnant inmates who are discovered or believed to be pregnant at the time of admission or later. To assess her health status, pregnancy and expected delivery date, arrangements must be made as soon as possible to have her evaluated in the female wing of the District Government Hospital.

The District Government Hospital is where the female prisoner's gynaecological checkup would be conducted. 25 • Children of Women Prisoners in Prison If Women in jail are only caretaker of their children. Infants and small children are frequently placed into prison with their mothers in prison. The All India Committee on Jail Reforms (1980-1983) to recommendation made in Paragraph 13. 11. 30 of the resources available to guarantee that these children’s proper physical, mental, and emotional development and may be kept with them in properly prepared creches outside the main jail building. Additionally, under Paragraph 13. 11. 16, the committee suggests that when a child is born to a female prisoner, the name of the locality should be listed rather than the word "prison" as the location of birth. The Model Prison Manual's paragraphs 24. 22 and 24.

23 provide forth instructions regarding childbirth while incarcerated. The Model Prison Manual's paragraphs 24. 29 through 24. 34 set forth recommendations for the welfare of children of women prisoners and issues pertaining to their education. The need of providing the children of female prisoners with suitable care has been emphasized in a number of court judgements in India. In R. D. Upadhya v. State of Andhra Pradesh26 recommendations were made regarding the age at which children of female prisoners may reside in prison, their welfare through day care centres and nurseries, the provision of appropriate clothing appropriate for the climate, regular medical examinations, education and recreation, nutrition

25 Model Prison Manual, available at: https://bprd.nic.in/WriteReadData/userfiles/file/5230647148-

Model%20Prison%20Manual.pdf (last visited on September 19, 2025).

26 AIR 2006 SC 1946.

for children and pregnant and nursing mothers, and regular medical examinations. • Right to Separate Accommodation There should be provision of separate accommodations for women prisoners and they should be kept separate from other prisoners. A few jails in some prison systems are only used to separate house female inmates. The Model Jail Manual's paragraphs 24. 64 to 24. 74 set forth recommendations for the housing of women separate in jail. The All India Committee on Jail Reforms (1980–1983) suggests creating separate facilities or annexes just for female convicts in paragraphs 13. 11. 8, 13. 11. 9, and 18. 9. 8. The same is advised by Rule 8 of the 1955 United Nations Standard Minimum Rules for the Treatment of Prisoners. The Indian Jails Committee initially emphasized the necessity for separate facilities for female convicts in 1919.

The Committee on Empowerment of Women (2001-2002) stressed the equivalent necessity for women prisoners in Paragraph 1. 16. The Model Prison Manual lays forth criteria for distinct institutions for inmates who are women in paragraphs 2. 03, 9. 33, 24. 01, and 24. 02. According to Section 27(1) of the Prison Act of 1894, female inmates shall be housed in a separate structure or area within the same structure. • Right to have Meeting with Family and Relatives Meetings with family and friends are one of a prisoner's fundamental rights. They must remain in the jails close to their residences so that guests may easily attend meetings. The women detainees at Central Jails must have a separate interview room. The Model jail Manual Paragraph 24. 86 a separate room for visits and a waiting area is required for women in jail.

• Right related Belongings of Women Prisoners When a women prisoner is admitted to the facility, all of her belongings that are prohibited from being kept by the institution's rules- including money, jewellery, clothing, and other items, must be deposited in safe custody. The prisoner is required to sign a list of what is included in her belonging. There will be actions done to maintain their belonging in good condition. All of these items and the money must be given back to the prisoner after his release. 27 The All India

27 Standard Minimum Rules for treatment of Prisoners adopted in 1955, Rule 43.

Committee on Jail Reforms (1980-1983) made the recommendation that women convicts be permitted to keep certain items like mangalsutras and bangles. • Healthcare Facilities for Women Prisoners Women prisoners have specific health needs which have to be recognised and attended to by doctors and specialist. Wherever possible they should be attended to by women nurses and doctors and specialists in women’s health care matters should be available for consultation. The All India Committee on Jail Reforms (1980-1983) Para 13. 11. 23, The Committee of Empowerment of Women (2001-2002) Para 1. 20 and 1. 29 recommended needs for proper healthcare for women prisoners. The Model Prison Manual, Para 24. 15, 24. 16, 24. 17, 24. 18 and 24. 19 of laid downs guidelines for women health.

According to Section 24(3) of the Prison Act of 1894, a matron must provide a medical examination on a female prisoner on the Medical Officer's general or particular orders. According to Section 54 of the Code of Criminal Procedure from 1973, a registered medical professional may examine the body of an arrested person upon their request if they believe they have been tortured or otherwise mistreated while being held in custody. 28 • Appointment of Women Staff for Women Prison The All India Committee on Jail Reforms (1980–1983) advises that women staff should be appointed in women jails, taking into consideration the needs and requirements of women. Additionally, the committee advises, in accordance with Paragraph 18. 9. 15, that arrangements be made to assign women guards on a strictly temporary basis if women convicts are admitted in a sub-jail.

The Committee of Empowerment of Women (2001-2002) similar needs for women prisoners were emphasized in Paragraph 1. 3. and guidelines for women staff to be appointed for women in jail are spelled forth in paragraphs 24. 132 to 24. 163. • Right to Free Legal Aid All prisons in States and Union Territories have operating legal cells and women convicts are entitled to free legal advice, counselling, and support services. A few States have also employed social workers and psychiatrists to offer counselling to women convicts. However, the counselling cells are not uniformly available to women prisoners all over the Country, even

28 The Code of Criminal Procedure, 1973, s. 54.

with the available constitutional mandate of Article 39A. 29 The Model Prison Manual's paragraphs 24. 99, 24. 100, 24. 101, and 24. 102 set forth principles for providing legal help to prisoners who are women. Prisoners have the right to be represented by the pleader of their choosing under Section 303 of the Criminal Procedure law of 1973, and under Section 304 of the same law, legal help may be granted at state cost in certain circumstances. According to Section 309 (1) of the Code of Criminal Procedure, 1973, every investigation and trial must commence as quickly as practicable. 30 • Educational and Work Programmes The lack of or inadequacy of programs for women prisoners is sometimes caused by the overall neglect and underfunding of the women's prison.

Women prisons suffer compared to male institutions in terms of rehabilitation, educational or vocational training, counselling, or drug/alcohol dependence programs. This is brought on by a combination of a scarcity of funds and a lack of programs fitted exclusively for women. Most jails in India do not have programs for women convicts to receive non-elementary education or suitable and relevant vocational training. Despite the limited funding for educational and employment opportunities for women in jail, their worth is significant due to the potential certifications they may earn as well as the psychological and emotional support they provide. The All India Committee on Jail Reforms (1980–1983) recommended giving the creation of appropriate educational programs for female convicts significant consideration. Additionally, the recommendations in paragraphs 13. 11. 24, 13. 11. 25, 13. 11.

26, and 13. 11. 28 for suitable and appropriate work and therapeutic programs for women in jail. The Committee of Empowerment of Women (2001-2002) stressed the equivalent necessity for female prisoners in paragraphs 1. 18, 1. 28, and 1. 42. The Model jail Manual's paragraphs 24. 90, 24. 91, and 24. 92 set forth principles for educational, recreational, and cultural programs as well as the necessity of vocational training for women in jail.

5. HUMAN RIGHTS AND INERNATIONAL PERSPECTIVES

International human rights instrument insists for equal protection of human rights of women. So is also insisted by Indian Constitution. Hence women like any male prisoner also has all human rights including right not be discriminated on the basis on gender. Though in India a

29 The Constitution of India.

30 The Code of Criminal Procedure, 1973, ss. 303, 304, 309.

woman is placed mostly in the same prison where male prisoners are detained, yet prison rules requires a separate cell for women prisoners. Hence she should be separately detained and be supervised only by women officers and staff. 48 Due to the gender related concerns, special care must be taken to protect and promote human rights of women prisoners. According to a research finding following problems are faced by women prisoners: Women are vulnerable; Generally, Women prisoners come from economically and socially disadvantaged segments of the society. Many have histories of alcoholism and drug abuse. Most of the women prisoners experienced violence or sexual abuse before incarceration. A woman prisoner also faces various gender specific problems and hence needs more a care in terms of sanitary and hygiene related needs.

Their nutrition, health and safety requirements must be of paramount concern for prison administration. Women prisoner’s emotional and psychological stress is a matter of concern too. Many of them also suffer with stress caused due to fear of social stigma, family separation, etc. Children living in prisons with their mothers who are prison inmates needs to be taken care of too, including with respect to such children’s health and education needs. Everyone is entitled to human rights by definition, regardless of behaviour or station, because of their shared humanity. Everyone has a right to the freedoms and rights outlined in the Universal Declaration of Human Rights (UDHR), according to Article 2 of the 1948 document. This is true regardless of one's race, colour, sex, language, religion, political views, or other status.

According to Article 3 of UDHR 1948 everyone has the right to life, liberty, and personal security; Article 5 provides that no one shall be tortured or subjected to cruel, inhuman, or degrading treatment or punishment. 31International Covenant on Civil and Political Rights (ICCPR) 1966, Article 3 "The States Parties to the present Covenant undertake to ensure that men and women have an equal right to the enjoyment of all civil and political rights set forth in the present Covenant. " No one should be subjected to torture or to cruel, inhuman, or degrading treatment or punishment, as stated in ICCPR Articles 6,7, 10, 13 and 26.

32 The International Covenant on Economic, Social, and Cultural Rights (ICESCR), which was established in 1966, similarly states in Article 3 that "The States Parties to the present Covenant undertake to ensure that men and women have equal rights to enjoy all economic, social, and cultural rights set forth in the present Covenant. " Numerous economic rights are included in 31 Universal Declaration of Human Rights, available at: https://www. un. org/en/about-us/universal-declarationof-human-rights (last visited on September 19, 2025). 32 International Covenant on Civil and Political Rights, available at: https://www. ohchr. org/en/instrumentsmechanisms/instruments/international-covenant-civil-and-political-rights (last visited on September 19, 2025).

Article 6 of the Covenant, along with social rights including family support, the freedom to marry with the agreement of one's intended spouses, and specific protection for postnatal mothers' rights under Article 15 of the Covenant. 33 Following the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social, and Cultural Rights, other Conventions, Covenants and Declarations further elaborated the rights of prisoner and gave them the specificity needed to establish the legal framework governing how States should treat their citizens. The notion of human dignity, human rights, and fundamental freedoms is upheld in Article 2 of the 1975 Declaration on the Protection of All Persons from Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, and it applies equally to men and women.

34 Articles 2, 4, 5, 6, 7, 8, 10, 11, 12 and 13 of the 1984 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment are obviously applicable to those who are under detention. Although there were no clear provisions in the aforementioned treaty favouring the rights of women in prison, the convention as a whole ensures equal treatment for all without any discrimination based on gender or sex. 35

39 Principles were integrated into the 1988 Body of Principles for the Protection of All Persons

under Any Form of Detention or Imprisonment. Among these, there are a few crucial Principles: 1, 4, 5, 10, 11, 20, and 34. According to principle 5(2), "measures applied pursuant to the law and designed solely to protect the rights and special status of women, particularly pregnant women and nursing mothers, children and juveniles, aged, sick or handicapped persons, shall not be deemed to be discriminatory."36

33 International Covenant on Economic, Social and Political Rights, available at:

https://www. ohchr. org/en/instruments-mechanisms/instruments/international-covenant-economic-social-andcultural-rights (last visited on September 19, 2025). 34 Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1975, available at: https://www. ohchr. org/en/instrumentsmechanisms/instruments/declaration-protection-all-persons-being-subjected-tortureand#:~:text=Any%20act%20of%20torture%20or,Universal%20Declaration%20of%20Human%20Rights. (last visited on September 20, 2025). 35 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1985, available at: https://www. ohchr. org/en/instruments-mechanisms/instruments/convention-against-torture-and-other-cruelinhuman-or-degrading (last visited on September 20, 2025).

36 The Body of Principles for the Protection of all Persons under any form of Detention or Imprisonment, 1988 available at: https://www. ohchr. org/en/instruments-mechanisms/instruments/body-principles-protection-allpersons-under-any-formdetention#:~:text=A%20detained%20or%20imprisoned%20person%20or%20his%20counsel%20shall%2C%20 subject,second%20medical%20examination%20or%20opinion (last visited on September 20, 2025).

Convention on the Elimination of Discrimination against Women, 1967 through Article 10 says “all reasonable measures to be implemented to give to women equal rights with men in the sphere of economic and social justice”. 37 In the Declaration on the Elimination of Violence Against Women, 1993 affirmed inalienable, integral, and indivisible human rights for women and girls. The treatment of violence against women as a violation of their basic rights and freedoms. 38 • International Minimum Standards for Treatment of Women in Prison The following principles are particularly important for assessing how women are treated in prison: • United Nations Standard Minimum Rules for the Treatment of Prisoners, 1955. The Standard Minimum Rules for the Treatment of Prisoners, 1955 Part-1 deals with rules of general application.

Rule 8, talks about different categories of prisoners to kept in separate institutions or parts of institution taking account of their sex, age, criminal record, the legal reason for their detention and the necessities of their treatment. Rule 8(a), provides that men and women shall be detained in separate institutions, in an institution which received both men and women the whole premises allocated to women shall be entirely separate. Rule 22, 23, 24, 25, 26, talks about medical facilities. Rule 23(1) emphasizes the need for pre-natal and post-natal care and treatment facilities. It also calls for arrangements to be made when children are born in hospitals outside of institutions, and if a child is born in a prison institution, it should also provide a birth certificate without mentioning the location of the birth.

Child care is highlighted in Rule 23(2), and it also recommends hiring skilled nursery personnel. The provisions of Rules 46, 47, 48, 49, 50, 51, 52, 53, and 54 relate to the persons chosen to oversee prison administration for both male and

37 The Convention on the Elimination of Discrimination against Women, 1967, available at:

https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-elimination-all-formsdiscrimination-againstwomen#:~:text=The%20Convention%20gives%20positive%20affirmation,human%20rights%20and%20funda mental%20freedoms (last visited on September 20, 2025).

38 The Declaration on the Elimination of Violence against Women 1993, available at:

https://www.unwomen.org/en/what-we-do/ending-violence-against-women/global-norms-andstandards#:~:text=The%201993%20Declaration%20on%20the,for%20national%20and%20international%20acti on (last visited on September 20, 2025).

female inmates, as well as the standards to be upheld, contacts with inmates, etc. In accordance with Rule 53(1), Prison institutions designated for women must be managed by responsible female officers. Rule 53(2) prohibits male members from entering those facilities. According to Rule 53(3), only female officials are allowed to attend and oversee female detainees, as long as male professionals like physicians and teachers may carry out their tasks in facilities or areas designated specifically for women. The Standard Minimum Rules for the Treatment of Prisoners, Part II deals with prisoners under sentence, insane and mentally abnormal prisoners and the prisoners under arrest or awaiting trial. General provisions with no gender bias are suggested by the UN for the prisoners mentioned in the above categories. 39 • Basic Principles for the Treatment of Prisoners, 1990.

There are some fundamental guidelines for treating prisoners. Principles 1 and 2 stated that all prisoners must be treated with the dignity and respect that come with being human, without distinction based on race, colour, sex, age, language, religion, birth, or any other status. According to Principle 5, all prisoners shall be guaranteed the human rights and fundamental freedoms outlined in the Universal Declaration of Human Rights, the International Covenant on Economic, Social, and Cultural Rights, the International Covenant on Civil and Political Rights, and the Optional Protocol thereto, as well as any additional rights outlined in other United Nations covenants. According to Principle 7, efforts should be supported to restrict the use of solitary confinement and other forms of punishment. 40

6. PROBLEMS FACED BY WOMEN PRISONER IN PRISON

The National Human Rights Commission may visit any jail or other facility run by the State Government to examine the living circumstances of those who are being held or housed there for the purpose of treatment, reformation, or protection under the provisions of Section 12(c) of the Protection of Human Rights Act of 1993. According to the National Human Rights

39 United Nations Standard Minimum Rules for the Treatment of Prisoners, 1955, available at:

https://www.unodc.org/documents/justice-and-prison-reform/Nelson_Mandela_Rules-E-ebook.pdf(last visited on September 20, 2025). 40 Basic Principles for the treatment of Prisoners 1990, available at: https://www.ohchr.org/en/instrumentsmechanisms/instruments/basic-principles-treatmentprisoners#:~:text=All%20prisoners%20shall%20be%20treated,property%2C%20birth%20or%20other%20statu s (last visited on September 20, 2025).

Commission's Annual Report (2019-2020)41, women convicts encounter several issues around the nation. The Commission has been deeply concerned about the pathetic condition of prisons and numerous problems like severe overcrowding, understaffing, lack of adequate medical care, physical maltreatment of prisoners including custodial deaths, lack of infrastructure, poor administration and inadequate inter-agency communication, long detention of those awaiting trial and inadequate opportunities for prisoners to communicate with counsel, authorities and family etc. • Overcrowding in Women Prison One of the biggest issues that both male and female offenders have in prisons is overcrowding. The dimensions of the cells and barracks, as well as the number of convicts who should be permitted in them, are described in the National Prison Manual 2016.

Women make up a very small part of the global jail population. Women Jails (32) may exist at the sub-divisional, district, and central levels, according to the National Crime Record Bureau Report from December 31, 2021. Against a total capacity of 6,767 prisoners, 3,808 convicts-3,803 females and 5 transgender- were housed in various women's prisons around the nation. The national occupancy rate for women's prisons was 56. 3%, with Bihar reporting the greatest levels of overcrowding, followed by Maharashtra (109. 2%) and Telangana (108. 8%). Sadly, this implies that the majority of jail policies prioritize men and ignore the issues and needs of female inmates. The Maharashtra Jail management was visited by the National Human Rights Commission on July 10, 2019, and a general report concerning the jails and its management was written.

In Maharashtra, there are 17 district prisons and 9 central jails, with a total capacity of 24032, although 36195 convicts are now housed there. Therefore, all overcrowded jails require prompt action to reduce the number of detainees, whether through accelerated legal proceedings, the opening of more open jails, a lenient remission policy, or the building of new jails. • Lack of Proper Medical Facility in Prison On July 9, 2019, the National Human Rights Commission visited Arthur Road Central Jail in Mumbai to learn more about the inmate’s living situations and that of those awaiting trial. It is 41 Human Rights Commission India, available at: https://nhrc. nic. in/sites/default/files/AR_2019-2020_EN. pdf (last visited on September 20, 2025).

necessary to address the problem of a staffing deficit in the medical field. When there are around 3400 convicts overall, posts have been made in proportion to 800 inmates. Also lacking are adequate medical facilities. The hospital within the jail should have 150 beds, but there are only 20 there right now. He said that just 4 of the 8 open positions for psychiatrists and psychologists had been filled. A staff of psychiatrists and psychologists was necessary at all times in all Central Jails and Kalyan District Prison. While in other districts, positions for psychologists and psychiatrists may be created, whose work can be supervised by the district hospital's psychiatry department or the jail's medical director.

7. CONCLUSION AND SUGGESTIONS

The number of women incarcerated in India is steadily increasing. Women in prison face numerous challenges in their daily lives. Inmates are not getting the help they need in rehabilitating themselves in prisons. Other challenges that women confront include the scarcity of female employees, inadequate housing and sanitation and hygiene facilities that do not meet physical and mental healthcare demands, inadequate nourishment and educational options that are sometimes unusable. In addition to these issues, women in prison face a lack of legal help, limited contact with the outside world, a higher average rate of abuse by fellow inmates and prison staff. In the criminal justice system, the number of women prisoners are increasing in prison, it will be necessary to modify programmes, procedure, and infrastructure to accommodate their unique demands and circumstances.

The objective of jail is to serve as a place of reformation. However, if convicts are denied even the most basic human rights, entire goal will be vain. Taking steps to make sure that prisoners basic rights are not violated and they can live with dignity. There are some suggestions- • Women prisoners should be detained separately from male prisoners. • Women prisoners should be supervised and searched only by female officers and staff. • Pregnant women and nursing mothers who are in prison should be provided with the special facilities they need for their conditions. Women prisoners should be taken to outside hospitals to give birth. • No male member of staff should enter the part of the institution set aside for women

unless accompanied by a woman officer. • Women prisoners should be attended to and supervised only by women officers. • There should be special accommodations for all necessary prenatal and postnatal care and treatment. • Where nursing infants are allowed to remain in the institution with their mothers, provision should be made for a nursery staffed by qualified personnel.