Addressing The Rights Of Female Prisoners - Menstrual Management
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Category: General Law
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ADDRESSING THE RIGHTS OF FEMALE PRISONERS:
MENSTRUAL MANAGEMENT Karanam Manaswini, Christ University, Lavasa Introduction According to the Prison Statistics of India 2022 by the National Crime Records Bureau (NCRB), there are 34 women's prisons out of 1,330 prisons. The female inmate occupancy rate is 60. 1%, which includes 18 transgenders. Out of 5,73,220 prisoners, 23,772 were female prisoners and 97 were transgender. Among the 1,537 female prisoners, there are 1,764 children with them as of December 31, 2022. The majority of female prisoners are in the age group of 30-50 years, followed by 18-30 years. The 2018 Women in Prison Report highlighted that the population of women in prisons has increased drastically. This created problems for the prison authorities regarding the health and hygiene of female prisoners.
A Supreme Court-appointed committee headed by former Supreme Court judge Justice Amitava Roy has prepared a report on the conditions of women prisoners in Indian jails. The report contains recommendations to improve the condition of women prisoners, which needs to be improved, which is a serious problem. She says that "women in prison suffer the onslaught of incarceration far worse than their male counterparts, particularly in terms of access to basic facilities". In our society, the taboo associated with menstruation prevents an open debate about menstrual health. Because of this, women and girls are incredibly ignorant about menstrual health. This ignorance is more glaring in prisons, where female inmates experience various discriminatory practices related to their gender, incarceration and menstruation.
The term "menstrual health rights" is used by the United Nations Population Fund (UNPF) to refer to menstrual hygiene management as well as broader systemic issues, including health, gender, education, equality and empowerment, related to menstruation. In some institutions, women were allegedly paid for sanitary napkins or were allocated a certain number of napkins that was not enough for their needs. While some prisoners might ask their family for the necessary sanitary pads during mulaqats, another obstacle is the stigma associated with "menstruation". As a result, women are forced to use unclean items such as rags, cloths, ashes and old sanitary napkins.
Sanitation and Hygiene Section 55A1 of the Criminal Procedure Code states that “It shall be the duty of the person having the custody of an accused to take reasonable care of the health and safety of the accused”. The law does not, however, explain who is responsible for holding the accused accountable in the event that this statutory protection is violated. Furthermore, every prisoner has the right to preserve his health and live in a clean and hygienic environment within the jail, as stated in Section 132 of the jail Act, 1894. The prison's medical officer has been given this job. Article 213 of the Constitution of Indian Constitution states that everyone deserves a dignified life but not much has been done for those behind the bars to give true meaning to their right.
According to the National Prison Manual, the inmates' quarters must be well cleaned, disinfected, and regularly inspected for pests. It is not intended for inmates to perform menial tasks or conservation work pertaining to women's enclosures; yet, it is frequently observed that prisoners are forced to clean the restrooms, bathrooms, and barrack areas. Sanitised sanitary napkins should be given to them in accordance with their needs, however this is mostly absent. It has been alleged that several jails charge women for sanitary napkins, or provide them only a certain amount each month regardless of their need. Because of this, women end up utilising unsanitary things like fabric, ash, newspaper, and parts of old mattresses. "A disproportionately large prison population is typically served by a small number of bathrooms and toilets" WOMEN IN PRISON – INDIA.
The United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (also known as the "Bangkok Rules") serve as the inspiration for the principles incorporated into the Prison Rules. It specifies that the amenities provided to female inmates must satisfy their needs, including a consistent supply of water. The international model did not take into account the demands of women before to the adoption of the Bangkok Rules. According to the Bangkok Rules, women in jail are entitled to have menstruation supplies easily accessible to them, since this will alleviate the financial strain of having to pay for them. A study shows that most prisons are devoid of basic hygienic and sanitation amenities. Women were allegedly paid for sanitary napkins in some institutions, or they were given a set quantity of napkins rather than enough for their requirements.
While some inmates might be able to ask their family for the necessary sanitary pads during mulaqats, another barrier is the stigma associated with "menstruation. " As
1 Indian Code of Criminal Procedure, § 55A (1973)
2 Jail Act,1894 art.13
3 Constitution of India art. 21
a result, women are compelled to utilise unclean items like rags, fabric, ash, and old sanitary pads. Rules Governing Women in Prison • Indian Penal Code, 1860 • Prison Act, 1894 • Prisoner’s Act, 1900 • Identification of Prisoner’s Act, 1920 • Exchange of Prisoner’s Act, 1948 • Transfer of Prisoner’s Act, 1950 • Prisoner (Attendance in Court) Act, 1955 • Probation of Offenders Act, 1958 • Code of Criminal Procedure, 1973 • Repatriation of Prisoner’s Act, 2003 • Model Prison Manual, 2003 • Model Prison Manual, 2016 The Indian government formed a number of committees, commissions, and working groups to examine and recommend changes to the management and conditions in prisons.
Among them include the All-India Jail Manual Committee (1957) • Prisons Working Group, 1972 • The Mulla Committee, the All-India Prison Reforms Committee, 1980–1983 • National Expert Committee on Women Prisoners, 1987 (Justice Krishna Iyer Committee)
All India Group on Prison Administration, Security, and Discipline, 1986 (R. K. Kapoor Committee) Precedents In Rama Murthy v. State of Karnataka4 recognised that health and cleanliness were urgent issues. The Supreme Court ruled in Parmanand Katara v. Union of India5 that no one has the right to be denied access to essential medical care. In R. D. Upadhyay V State Of A. P & Ors(2006)6addressed the rights of women convicts according to their gender. The case raised a number of problems, including the dearth of basic amenities like clean water, sanitary conditions, and access to healthcare, as well as the frequency of violence and sexual assault directed at female prisoners by both prison officials and other inmates.
The case compelled the government to enact a number of reforms, including as the construction of women's prisons, the hiring of female personnel, the implementation of vocational training programmes, and the provision of mental health facilities for female inmates. In Neeraja Choudhary v. State of UP7, the SC has given the guidelines for the treatment of women prisoners, including separate living quarters, medical facilities and vocational trainings. Suggestions Strict adherence to state prison guidelines and frequent, honest inspections are necessary to improve the state of cleanliness in prisons. Construction of additional toilets and their maintenance in accordance with recognized hygiene standards could be facilitated by the prison administration by establishing a tie-up with neighbourhood Swachh Bharat projects.
It is possible to teach prisoners to make cheap, organic sanitary napkins. Menstrual hygiene supplies are also distributed free under several NGO and CSR initiatives which can be used to supply many prisons in each state. The United States saw a sea change when its courts honoured
4 Shri Rama Murthy V state of Karnataka, 1739, (1997) 2 SCC 642.
5 Pt. Parmanand Katara v. Union of India & Ors, 2039, (1989) 4 SCC 286
6 R.D. Upadhyay v. State of A.P. & Ors, 1946, (2006) 4 SCC 1.
7 Neeraja Chaudhary v. State of M.P., 1099, AIR 1984 SC 1099.
the people's right to bleed. This forced the government to pass legislation recognizing the rights. The next step towards reform, in line with legislation introduced in the US, Belgium and the UK, among others, is the formal recognition of the right to fair menstruation. One such bill, Senate Bill 598, was passed by the state of Maryland and mandates that "correctional facilities" have written policies and practices to ensure that female inmates have access to adequate menstrual management products. It required that such items be available both routinely and on demand. The availability of items has even been declared subject to revision. Despite the fact that the institution Rules include every recommendation made in the Bangkok Rules, the administrators of the institution are not held accountable for their actions, which has changed things.
Even while some jail administrations have made the positive move of teaching inmates to make sanitary napkins for themselves, more has to be done to enforce the jail Rules. Sanitary napkins should be provided by the government in public areas so that women who are menstruating don’t have to feel awkward about asking for them. Conclusion It is true that some women may experience feelings of disappointment, resentment, and even despair as a result of living in a patriarchal culture where women are routinely oppressed by men. Other social issues such as victimization, discrimination and poverty can exacerbate this by further limiting the opportunities and options available to women. Giving women in these situations’ options, resources and help is essential to prevent them from re-offending.
This can include therapy and help with mental health issues, as well as job training, education, financial assistance and vocational programs. It is also essential to create safe places where women prisoners can get information and help. Effective legal measures such as laws, regulations and standards must also be put in place to protect women in prison from abuse, discrimination, exploitation and other types of ill-treatment. This would protect women's basic human dignity and prevent further harm during their sentence. In addition, it is essential to address the underlying issues of poverty, prejudice and systematic oppression that can lead women to turn to crime. We can strive to create a more equal and just society where women have a chance to flourish and are not forced to turn to illegal activity to survive by addressing these more significant socio-economic challenges.
Furthermore, it is essential to confront and subvert the patriarchal structures that support these issues in order to build a fairer and more just society where women are free from systemic oppression and have equal opportunities to succeed. Whether convicted or awaiting trial, a prisoner retains their humanity and is entitled to all fundamental rights and basic human rights while incarcerated. The menstrual cycle is an innate biological event that is unavoidable. A study produced in accordance with the Supreme Court's ruling in the case of Inhuman Conditions, by the Commonwealth Human Rights Initiative (CHRI)8 and the Haryana State Legal Services Authority (HALSA)9. According to In Re, "there is no exclusive prison for women in Haryana" (Pistons, 1382).
In addition, it said, "In Karnal jail, women had to buy sanitary pads," implying that certain institutions did not supply women with sanitary napkins.
Indian Journal of Law and Legal Research Volume VI Issue III | ISSN: 2582-8878