Cries for jail reforms remain unheard

PRISONERS OF THE PAST: PART I

Ajay (name changed) has got bail. And he is celebrating. After incarceration in Tihar for seven years on charges of kidnapping, bail is almost like freedom "" simply because he no longer has to live in the overpopulated furnace-like barracks of Tihar jail. "We were 50 in a tiny barrack without enough fans," said Ajay.

Agrees Prison Law Officer Sunil Gupta: "There are times 50 people have to live in a barrack meant only for 25."

"What is needed is more infrastructure. This would mean more humane living conditions for prisoners," says Kiran Bedi, Director General, Bureau of Police Research and Development (BPRD).

Voicing similar concerns, Commonwealth Human Rights Initiative (CHRI) Consultant (Prison Reforms Programme) Murali Karnam says, "Prisons are at the receiving end of the malfunctioning of both the police and the judiciary."

Stressing the need for prison reforms, he says a national prison policy should be formulated in conformity with the Standard Minimum Principles for the treatment of prisoners, formulated by the United Nations.

The principles focus on the concept of equivalence that envisages bringing the prisoners on a par with any other common man in the society in terms of medical, legal and other facilities.

"Prison legislation and the prison practice should be reviewed in the context of constitutional values and the international conventions on prisoners," he says.

"Prisoners are not getting basic facilities like water, medical care, even fresh air. There is lack of sanitation management inside the jails. Though the Centre has agreed to bear 75 per cent of the infrastructure development cost, the states are not ready to share the rest.

They have this agenda at the end of their priority list. The government has allocated Rs 18,000 crore for prison modernisation. Even the BPRD conducted a need assessment study but the states are not shelling out that extra sum," says Bedi. "Also, the judiciary needs to act faster," she adds.

"If a judge pulls up inefficient police officers, grants bails liberally, fixes surety in proportion to the gravity of the crime and strength of the accused, reduces the number of postponements during hearing, visits prisons regularly to dispose of petty cases and imposes more non-institutional and custodial punishments, this can substantially reduce the overcrowding in jails," says Karnam.

CHRI feels that increased community participation is required to sensitise the government on the condition of prisoners and provision for the same should be there in the prison policy.

"In the state manuals, there is a subject on prison visitors. People from the community, like doctors and social workers, are appointed to visit prisons as independent visitors and see whether the law is being followed. Complaints by prisoners or officers are subsequently brought to the notice of district collectors. But the system which is almost dead should get a policy boost," said Karnam.

But despite overcrowding and insanitary conditions that nurture bestiality, the stories of those who opt to give up crime after serving their prison terms, represent a glowing beacon for those in the jail.