Through The Eyes Of Jailbirds
Author: LawSphereX
Category: General Law
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THROUGH THE EYES OF JAILBIRDS
Kanishk Parmar, Institute of Technology and Management, Atal Nagar Vanshika Moriani, Institute of Technology and Management, Atal Nagar
ABSTRACT
It is often overlooked that prisoners’ lives are fraught with challenges ranging from basic hygiene issues to physical and psychological distress. ‘Sanitation’ remains a major issue, with inadequate health care, sanitation and clean water disturbing the lives of prisoners. The Prisons Act of 1894 and constitutional provisions ensure the right to health care, but it is not implemented, leading to deterioration of health conditions due to overcrowding and poor sanitation. Pregnant women in prison face harsh conditions, lack of essential postpartum care, separation of newborns, struggles with nutritional needs and educational support. Legal resources interventions aim to improve their conditions, emphasizing their fundamental rights and the need for dignified pregnancy and birth.
Abuse, including mental and physical abuse, takes place in Indian prisons, including verbal abuse, unreasonable solitary confinement, discrimination, and lack of access to mental health services despite the law systems, creating an inhuman environment. Efforts are needed to ensure that prisoners are treated with dignity, protected from abuse, and provided with mental health care, through research, staff training, and legislative reform. Keywords: Rights of prisoners, The Prisons Act, 1894, harassment, poor hygiene.
One of the most barbarous forms of life, examined by few, experienced by many, is the life of jailbirds. The eyes which discern cruelty one can only imagine, being the fact that imprisonment is the most severe punishment one can be rendered. As elucidated that the life of such is still not the talk of the room when one discourses about the societal issues faced by. They are still remote from the basic needs such as drinkable water, proper healthcare facilities and sanitation. Basically, they are living with the deprivation of these commons. When counting about the problems it’s not only limited to not being provided with the basic amenities, but they also bear with the things like physical/sexual assault, torture, and mental harassment. The right to life being constitutionally applicable is up to the present time still not enjoyed by them.
So, being imprisoned does not restrict them from enjoying the fundamental rights which a normal person has been living with. These are some of the issues faced by the prisoners daily which are therefore further briefed in this article.
1 Hygiene
The Foremost Solicitude We as human beings are privileged to be accessible to basic hygiene which lamentably prisoners do lack such as proper healthcare facilities, drinking water, toiletries, and sanitation. It is noticeable that the standards of hygiene are below par which is creating dissatisfaction to the prisoners related to water shortage, waste bins, education on hygiene, cleanliness, and waste management.
1.1. Healthcare
As the above issue raised, the bizarre consequences faced are to be looked upon in healthcare, which is mostly neglected. In one of the landmark cases, the Judge of Gujarat High Court held that the right to medical treatment is one of the basic human rights that should be made accessible to every person. The court further stated that the concerned jail authorities should be taking proper mental and physical health care of the prisoners who were suffering from any type of mental or physical disease.1 If we seek the right for their healthcare and hygiene there are sections mentioned in Acts and some provisions, applicable specifically for prisoners’ healthcare, which are listed as follows:
1 Rasikbhai Ramsing Rana v. State of Gujarat, AIR 1998
a. The Prisons Act, 1894, as mentioned in Section 37 that the prisoners who are sick or out of health or who desire to seek any kind of medical consultancy shall, without any delay, be reported to the officer or the jailer who is immediate of the same prisoner. The officer or the jailer here must make sure that such a prisoner is addressed by the medical subordinate and should conduct all the necessary actions as per the requirements. b. Section 39 of The Prisons Act, 1894 speaks about the hospital facilities. The prisoners should be provided with a hospital or a proper place for the reception of sick prisoners, in every jail. c. Section 24 and 26 of The Prisons Act, 1894 talks about the examination of prisoners by qualified Medical Officers. It further states that every prisoner shall be examined by a medically qualified officer, which then should be recorded in a book.
They should not be shifted to different cells without a prior medical examination to ensure the safety of other prisoners as well and no prisoner shall be discharged against the will from prison, until such discharge is safe. Also, the female prisoners have the right to be only examined by a lady medical officer under the special orders given. d. The Articles 14, 19 ande citizens including prisoners. In one of the other cases, The Hon’ble Supreme Court cited that even if they are prisoner, convict or under trial, they are still human beings and they 21 of the Constitution of India guarantee abecedarian rights to every citizen of India. These rights include prisoners as well.
The Hon'ble Supreme Court in one of the cases, held that the rights under Articles 14, 19 and 21 of the Constitution of India are available to all th still retain the fundamental rights as guaranteed by the Constitution of India, until restricted by the law. e. Even in 1980 the Indian government set up a committee on jail reforms under the Chairmanship of Justice A. N. Mulla, and the report was submitted in 1983, recommending the Indian prisons to improve hygiene, sanitation, clothing, and food. The factor here affecting the healthcare of a prisoner is not just merely the medical examinations they go through, but it also consists of other factors like contaminated water, poor sanitation facilities and overcrowding as well. Contaminated water and insufficient sanitary facilities are causing a slew of diseases to spread across the prisons, reducing their overall health.
Except for contaminated water and sanitation, one of the other issues is overcrowding.
‘Overcrowding’ is something which we commonly observe in Indian prisons. Because of this problem, there are more individuals in jail and fewer resources available for them, which contributes to the low quality of healthcare. So, this creates difficulty to maintain the proper health care of those. These are some of the main reasons why the health of the prisoner is deteriorating and the irony here is that the sections, acts, and constitution provide them with the right to be treated equally and have good health but still the execution of them in certain regions remains to be silent.
1.2. Pregnant Women
In those places of confinement there are many types of prisoners present. One of the most sensitive are pregnant women. Every year many pregnant women are being detained. As mentioned above, the standard of living at the prisons does even meet the needs of a normal being, then one cannot even imagine how a pregnant woman sustains there in such harsh conditions. Not providing them with the basic healthcare facilities, unhygienic surroundings, even in the special place of confinement, where they are kept particularly during their pregnancy period, is not clean and thus is easily prone to diseases. Some of the major challenges faced by pregnant women in prisons are as follows: a. After delivery care: The pregnant women are not provided with the proper medication after delivery i. e. not receiving postpartum care and most importantly separation of mother from their newborn. b.
Separation of Mother & Child: after giving birth, in most of the situations mothers are allowed only to stay with their child for not more than 24 hours in the hospital, the newborns are then shifted to foster care to be given to their relatives and the mother is shifted to the respective jail. This separation is devastating and can result in emotional and behavioral problems later in life for both the mother and infant. c. Nutritional Diet: Women who received a high-quality nutritional diet during their pregnancies in prison experienced fewer maternal complications than those who did not receive the same. And thus, making the role of nutrition in promoting health and improving the consequences of pregnancy in female prisoners an extremely important basic principle. d.
Need of Education: Education regarding pregnancy and parenting is one of the most detailed health promotion needs, which is lacking among pregnant women present in prisons. They need such an education as they might have had a past where they were an alcoholic or drug addict or are having any medical issue regarding pregnancy or any such disease affecting the same. e. Social support: Supportive needs is one of the neglected needs of the prisoned pregnant women. They and their infants are among the population that must be given special support from the society as it plays a very significant supportive impact on pregnant women and their families mentally. In a landmark case, the court focused on situations where guidelines and basic amenities for pregnant women were neglected. The court established the guidelines to ensure protection of children, childbirth in jails and pregnant women.
They emphasized fundamental rights where the access of food, clothes, medical care, education, shelter, and recreation. The court issued means to safeguard their health and well-being within prisons. It was held mandatory to amend the jail manuals and relevant regulations within three months to align with its guidelines. along with regular inspections to ensure adherence. The court then asked all the bodies of government to submit the reports of their action taken in this situation within four months. This constitution prioritized the welfare of children and to give facilities related to social, educational, and cultural development while protecting their dignity and safeguarding them from being exploited. 2 Dignified pregnancies and births should be ensured for all the pregnant women in prisoners, as it is one of the vital aspects of reproductive justice.
Legislative efforts to end the practice of shackling and to uphold the rights of competent parents within the prison system are essential steps towards ensuring these rights are respected. Furthermore, expanding the capacity of community-based nurseries, providing comprehensive support services, and prioritizing family preservation are key strategies for promoting the well-being of prisoned mothers and their children. The Krishna Iyer Committee, formed in 1987, appointed to assess the situation of
2 R.D. Upadhyay vs. State of A.P. & Ors, AIR 2006, W.P.(C) No. 559 of 1994
women prisoners, had recommended the induction of more women into the police force as they play a special role in tackling women and child offenders.
2. Harassment
Any act done to someone which can cause distress, harm, or any form of discomfort, this conduct is termed to be harassment. Harassment includes verbal abuse, threats, discrimination, or physical abuse. Harassment is very common in Indian prisons. It is considered as a part of punishment, but that act of harassment creates an inhuman environment which rather than making a positive change, creates torture for them. It’s crucial to highlight this issue as authorities should ensure that prisoners are treated properly, i.e. treated with dignity, and get protected from this kind of abuse and exploitation.
2.1. Mental Harassment
Mental harassment or mental abuse means to conduct an act against somebody that gives that person the feeling of distress, anguish, like swearing, torturing, and yelling. Indian laws provide with the punishment for the same offenses under Indian Penal Code, 1860 for both men and women but the fact that the LGBTQ community has been provided with protection under these sections is an example that they are still under threat behind the bars. Verbal abuse and seclusion are two examples of mental harassment, which are further elaborated: a. Verbal abuse: Section 504 of Indian Penal Code deals with verbal abuse. Use of abusive remarks, slang language, or any other words that can defame a person’s dignity can be concluded as conduction of verbal abuse. b. Solitary confinement: When a prisoner is kept in isolation, i. e.
, when they are kept in a single cell with little or no contact with other people, without any legal justification in most cases, it is termed to be solitary confinement. These profound negative psychological effects like, hypertension, headaches & etc. , on those who experience and as a result they turn to self-harm like attempting to commit suicide. This is mainly committed against female prisoners. c. Lack of mental health support: Being prisoned leads to anxiety, depression, and feeling isolated. This may be because of overcrowding, discrimination, harassment, etc. There are also no mental health doctors or counseling provided to the prisoners. d. Discrimination: The prisons do follow the system of caste hierarchy and segregation based on caste.
This is not just done between the prisoners but even the officers do discriminate between the prisoners and some of the prisoners are given privileges like providing them with internet connection, cellphones, etc. In one of the cases of Madaras High Court, the court while interpreting Article 21 of the Indian Constitution, said that a punishment which has an element of torture is also unconstitutional in nature. 3 The issue of harassment including mental abuse creates a dehumanizing environment in prisons. Verbal abuse, solitary confinement without justification, discrimination and lack of mental health support generates psychological distress. This environment creates a long-lasting mental health issue. Despite having legal provisions, the establishment of those is still lacking, which makes inmates vulnerable.
This issue needs urgent attention to implement measures which ensure that inmates are treated with dignity, protected from abuse, and receive mental health assistance. authorities must prioritize this issue and uphold their fundamental rights and establish a rehabilitation environment for their betterment. If the prisoner is facing some mental health consequences, then, according to Section 39 of The Mental Health Act, they should be provided with medical officers to inspect such prisoners and treat them accordingly.
2.2. Physical Harassment
Physical harassment is something which refers to any kind of harm to an individual with any unwanted physical contact or behavior towards an individual, which results in any injury or discomfort. his includes many forms like punching, kicking, sexual assault or any kind of physical violence. Physical harassment in Indian prisons is of various forms. this includes beating, sexual assault, torture, or any kind of maltreatment. Even though we have legal provisions these incidents go unrecorded due to fear and lack of trust in the judicial system. Efforts should be taken to improve this situation for the safety of the inmates. Various types of physical harassment are as follows:
3 Dastagir vs. State of Madaras, 1960 AIR 756, SCR (3) 116
a. Assault: To conduct any kind of physical violence with the intention to harm the other physically and mentally that requires medical intervention. Assault is done majorly against females; the same trend is being followed even inside the prisoners. So, to prevent assault, both men and women are imprisoned separately, as instructed under Section 27 of Prisons Act, 1894. Assault inside prisons may occur due to a range of factors, including overcrowding, gang rivalries, disputes over resources or territory within the prison, or personal conflicts among inmates. Assault can result in severe physical and neurological injuries to the victim. b. Sexual Assault: Any non-consensual touch or behavior towards the other, without free consent amounts to sexual assault, also defined under Section 375 of Indian Penal Code as Rape. Unfortunately, this has become common inside Indian prisons.
Section 376B of Indian Penal Code discusses about sexual assault inside prisons. Sexual assault can occur in prisons, with some prisoners being targeted for sexual abuse or exploitation by other prisoners or even prison staff. This crime is not only limited to females, but male are also victims of the same. The issue that is being highlighted recently is that the females are sexually assaulted by the prison staff and Police in charge of the jail, making them pregnant with their child. Sexual assault can give mental trauma and PTSD to the victims. One of the recent examples of this societal issue is seen in Tihar Jail, Delhi. c. Forced Labor: Forced labor inside prisons can happen due to overcrowding, abuse of power, etc.
Indian prisons are most of the time suffering from lack of staff, leading to transfer of the powers to the privileged prisoners, who do misuse their powers and control and exploitation of other prisoners. The Prisons Act, 1894 gives us the primary statutes dealing with the administration and management of prisoners. Section 374 & 374A of Indian Penal Code also deals with the issue of forced labor. d. Physical Restraints: Physical Restraints are no longer used for security purposes, but rather used to show power to prisoners, which as a result amounts to inhumane treatment of the prisoners. It can include the use of handcuffs, leg cuffs and waist chains, etc. The Prisons Act, 1894 somewhere fails to directly highlight the same issue but The Indian Penal Code, states that if the physical restraints are amounting to torture or physical injury then its punishable under the same.
Also, The Model Prison Manual issued by the BPR&D provides guidelines on the use of restraints. In one of the cases, it was held by the court that no person should be handcuffed anymore. 4 The physical harassment in Indian prisons includes assault, physical restrain, sexual assault, forced are in urgent need of performs. We have legal provisions, but these practices remain in place, and no action has been taken against this. We should start making efforts for the inmates’ safety and access to justice. This can be done if we start oversighting, staff training and legal reforms. We can easily combat this situation and uphold fundamental rights. Only through this action can we create a humane and better environment for prisoners in the jails.
Conclusion In conclusion, the conditions of prisoners, which are often overlooked in social discussions, reflect the sad reality of deprivation and dehumanization in the prison system. The most troubling is sanitation, prisoners lack access to basic needs such as drinkable water, proper healthcare, toilet, and sanitation facilities. Despite statutory provisions like The Prisons Act,
1894 and constitutional guarantees under Articles 14, 19 and 21, the enforcement of these rights
remains inadequate in many areas. Prisons require special attention for vulnerable groups such as pregnant women who face significant challenges such as inadequate health care, separation from newborns, malnutrition, education, and social lack of support. Judges have intervened through substantive cases to ensure the protection and welfare of pregnant women and their children by emphasizing the need for fundamental rights and human dignity in prison settings on the snow. Psychological and physical torture is rampant in Indian jails, creating inhumane conditions for prisoners. Despite legal provisions against bullying and harassment, they are not implemented and monitored, leaving measures such as staff training, legislative reforms, regular inspections, and the establishment of support systems in short supply and have addressed ongoing suffering and mental health issues among prisoners.
To address the challenges that prisoners face, a multifaceted approach is required, including legislative reform, judicial oversight, improved policy, and changes in public perceptions of grooming and
4 Prem Shankar Shukla vs. Delhi Administration, AIR 1980 3 scc 526
identifying their reaction to the prison system. Only through concerted efforts will we be able to heal prisoners.
Bibliography
1. Primary Sources
1.1. Cases
Dastagir vs. State of Madaras, 1960 AIR 756, SCR (3) 116 Prem Shankar Shukla vs. Delhi Administration, AIR 1980 3 scc 526 Rasikbhai Ramsing Rana v. State of Gujarat, AIR 1998 R.D. Upadhyay vs. State of A.P. & Ors, AIR 2006, W.P.(C) No. 559 of 1994
1.2. Statutes and statutory information
Constitution of India, 1950 Indian Penal Code, 1860 The Mental Health Act, 2018 The Prisons Act, 1894
2. Secondary Sources
2.1. Command papers and Law Commission reports.
Ministry of Home Affairs, All India Committee on Jail Reform, (1980-83), page no. 131, 210, Para no. 6.12.5, 13.11.23, (respectively) Ministry of Home Affairs, Prison Administration, (1987)
2.2. Websites and blogs
Aashima Kakkar, ‘Harassment in Indian Prisons’, (2021), https://www.lawinsider.in/columns/harassment-in-indian-prisons, accessed on March 22, 2024 Ankita, ‘ Women Prisoners in India, https://www.legalserviceindia.com/legal/article-12934women-prisoners-inindia.html#:~:text=Flogging%2C%20lashing%2C%20and%20forced%20labour,frequently% 20used%20against%20female%20inmates, accessed on 23 March 2024 ‘Rights of Prisoners in India’ (2023), https://lawbhoomi.com/rights-of-prisoners-in-india/, accessed on 22 March 2024