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Women Prisoners and Human Rights: The Juxtaposition of Rights and Reality

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Women Prisoners and Human Rights: The Juxtaposition of Rights and Reality
Avnish Bhatt and Prof.(Dr). Rajesh Bahuguna
Law College, Uttaranchal University Dehradun, India.
(Corresponding author: Avnish Bhatt)
(Received 15 February 2019, Revised 18 April 2019, Accepted 29 May 2019)
(Published by Research Trend, Website: www.researchtrend.net)
ABSTRACT: The fundamental tenet of International Human Rights Law is that no law can place a human
being at a point where he cannot avail human rights protection. Many individuals may not be as deserving
as other people. Many individuals may get deprived of their rights due to legal imprisonment, but the
fundamental rights such as rights to life, health, justice and fairness, humane treatment, protection and
dignity from ill-treatment or torture stays intact. However, the conditions that govern women treatment inside
police lock up as well as penal institutions of correction are relatively bad. Despite so many differences in
culture and resources the similar problems will be faced by the women in prison like sexual abuse, forced
prostitution, breakdown of marriage and problem of remarriage, lack of medical attention. One of the major
critiques is that the prisons and lock ups are generally designed for males whereas in practical approach the
females require lots of safeguards and attention.
Keywords: Human Rights, Women Prisoners, Correctional Institutions, Legal rights
I. WHERE WOMEN ARE RESPECTED, GODS DWELL prototypes for their appearance [5].
THERE- DHARAM SHASTRA According to the National Crime Record Bureau, the
total number of males inside prison ranges to approx. 4
The woman is a mother of Earth. She played numerous
lakh, whereas total numbers of females in prison are 20
roles. We started our lives from her. These women have thousand. There are only a handful of female prisoners
been mistresses for about half of theirlife. No family in the total population of prison in the country. Men
remains happy and bears strength, until the person who prisoners do not face problems as severe as women
takes on the role of a mother, a wife or a daughter is not prisoners [4-6]. Life after prison for women is not as
herself happy. Importance of a woman can only be felt in easy as it seems to be.
her absence. A person loses contacts with the outer world on being
South-Asian countries are diverse and similar in their imprisoned [8, 9]. Some of these highlighted in the
social characteristics. Language and religion, two main 4 5
manuals of Jail .In Charles Sobraj’s case.
features that underline the difference in the various One of the most recognized Human Right also consists
countries do not dilute the essential similarities that of Right to Dignity [10]. The State cannot violate these
underscore the way of life in this region [3, 4]. Tradition rights as they are not subject to detention[11].
and culture are held high.Time has always sketched a Although the human rights concept is old just as "natural
1
gender bias in our society. rights" doctrine on the basis of natural law, on the term
Dynamics of criminal behavior is not easy to fathom. It "human rights" has originated recently, deriving from
looks all the more intriguing and involved in the case of conventions and international letters (after World War II)
women prisoners whose psyche symbolizes a unique [12].
blend of the opposites, namely, feminine sensitivity on
the one hand and irrational aggressive criminal behavior II. AN INSIGHT INTO PRISON
on the other [1,2].
Men themselves have designed prison systems and It is well described that it does make a person non-
2
they run it. Women have been a small part of those person if he is convicted of any crime, and hence he is
3
imprisoned men in the entire world. On entering the entitled to the liberty of all the rights with a few
prison, women are doubly damned and deviant. Women constraints and restrictions.
in our society are measured and judged and have Prison is not an autonomous body like a church. It
reacts to society and society struggles to promote their
interests [13, 14].
1 Criminal institutions are places where people whose
“In Conflict and Custody”, Therapeutic Counselling for
freedom has been limited by law are limited to ensuring
Women by Rani DhavanShankardass
2 the successful outcome of justice or the application of
Tenth United Nations Congress on the Prevention of criminal treaties [15]. From the perception of the role
Crime and the Treatment of Offenders, Vienna, Austria, they play in the administration of judiciary, four
Apr. 10-17, 2000, Offenders and Victims: Accountability categories of institutions can be differentiated for
andFairness in the Justice Process, Women in the theconfinement which is temporary of those arrested;
Criminal Justice System, 11, U.N. Doc. AICONF.187/12 those persons waiting for trial or execution of the
(Mar. 2, 2000) [hereinafter Offenders and Victims]. sentence; those in which the convictions of criminal
3
RoyWalmsley, Worldfemale imprisonment list: women
and girls in penal institutions, including pre-trial
4
detainees/remand prisoners (2006), available Rama Murthy v. state of Karnataka, AIR 1997 SC 1739
athttp://www.unodc.org/pdf/india/womens- at p.1747.
5
corner/women-prisonlist.2006.pdf [hereinafter Charles Sobraj v. Superintendent, Central Jail, Tihar,
Worldfemale imprisonment list]. New Delhi, AIR 1978 SC 1514.
Bhatt and Bahuguna, International Journal on Emerging Technologies 10(1a): 163-170(2019) 163
treatment are resolved; and those for the socially prison. In the case of Hussainara Khatoon10 Court
dangerous criminals internment [16-18]. adopted a dynamic and constructive role regarding
Putting behind the bars must be a punishment, not only reforms of prison. Apart from all these, Court made a
by snatching the individual’s freedom, but by imposition stress upon improving the prison conditions in India.
of a sort of painful condition on the basis of which the Hence, the Indian Judiciary’s role portrays the attitudinal
prisoner must live behind the bars. The previous prisons change regarding prisoners’ rights and reformation by
were only for the function of custody. the treatment as correctional rehabilitative institutions.
III. APPROACH OF INDIAN JUDICIARY IN THE IV. JUDICIAL APPROACH ON RIGHTS OF
ADMINISTRATION OF PRISON PRISONERS
The Indian Constitution, established by the same, The prison administration is intimated by the
guarantees the right to freedom of expression, peaceful Constitution of India as a portfolio of state to legislate on
assembly, freedom of arbitrary detention, protection of and is responsible for securing the custody and
life and freedom from exploitation, freedom of controlling prisoners. Truly and normally the system has
conscience and free profession, practice and an involvement of a reformist framework too in tune with
propagation of religion and educational rights and international human rights law. India is still running with
cultural. In understanding the Supreme Court, the right century old legislation for administration of prison [21].
to life and right to liberty is inclusive of the right to The Prison Law is concerned only with the
human dignity, the right to privacy, the right to the fast categorization of prisoners by their nature and status of
track, the right to free legal assistance, the right to be detention which was not suggested by human rights law.
prisoners to get a treatment of humanity and dignity, The solitary confinement is also still retained in the Act
the right to freedom on bail, the right to compensation against which vehement dissent was made by the
for death in custody, the right of workers to a fair wage judiciary. They should be set free.
and working conditions, the right to security, the right to It is also in concern with the right of the prisoner to see
education and the right to a healthy environment. There visitors yet it is confined to under prisoners of trial as
are different types of prisons, like for adults, children, well as civil. The conclusion drawn on this approach of
women, prisoners who are convicted, prisoners who are the Act, it is vital to point it out that it still has
tested, detainees and different facilities for criminals with maintenance of different punishment confinement for the
mental illness. committed offences behind the bars. It is indicative
The state has a fact which is obligatory to protect the about rehabilitation and strategy of reform must be
human rights of its citizens, and for societal protection in inclusive of the law.
general, having the authority for doing so. The elevation India has not made code for prisoners’ rights yet. But,
of these claims to the state of rights provides citizens the unfortunately, in the absence of legislation, rights can
ability to evoke the power of the judiciary for protecting only find a place in the document that as soon as the
themselves against the violation of these rights, and to prison authority follows them. A few vital differences are
seek compensation for their return [19]. seen between the previous and the legislation. It is
One of the fundamental principles of our legal system is believed that all the prisoners’ rights must have codes
that the advantage of innocence of the accused person for conscience in the state [22, 23].
that is presumed until the person appears guilty at the
V. RIGHT TO FUNDAMENTAL RIGHTS
end of the due process of evidence which is legal. The
protection of Article 21 of Indian Constitution is also Article 21 which is read along with article 19(1)(d) and
available for those convicted in prisons. The judiciary (5), can distinguish between the evil and establish fair
has initiated to expand the scope of the life rights and rights for the betterment of the society. Earlier, the
private freedom. Supreme Court declared that the detention conditions
The Supreme Court has an active and lively role in the cannot extend to fundamental rights deprivation.
reform and prison administration [20]. In the year 1974 Mr. Justice Dougals reiterated his thesis when he
Apex Court gave a proposal of new prison declared: "The freedom of every prisoner is, of course,
jurisprudence. In a major breakthrough in the case of circumscribed by the mere fact of his imprisonment, but
6
D.B.M. Patnaik, the court gave an assertion that his interest in limited liberty has left him only the most
detention does not lead to deprivation of fundamental substantial in a person whose rights are subject to the
rights to the people convicted. Supreme Court again in caprice of the prison administration, and therefore the
7
1977 in Hiralal case strongly mentioned about imposition of any serious punishment within the
rehabilitating prisoners and reforming prisons. In Sunil penitentiary system requires procedural guarantees".
Batra case, the Court while considering a milestone in Judge Marshall also expressed himself explicitly in the
prison justice field and rights of the prisoners in India, same terms: "I previously expressed my opinion that a
held that “the fact that a person is legally in prison does prisoner does not renounce his basic constitutional
not prevent the use of Habeas Corpus to protect his rights at the prison door and fully supports the court's
other inherent rights”. In the case of Prem Shankar decision that the detainee's interest ".
8
Shukala, Court noticed that nobody should be hand-
cuffed, fettered routinely for the custodian escort A. Right to Life & Personal Liberty
convince. Supreme Court again in R.D. Upadhyay case
9 The Honorable Supreme Court has adopted the
has stated the right to fair treatment and judicial remedy annotation of article 21 and the expanded connotation of
right are pre-requisites of administration of justice of the "life" given by Field J. that "life means more than
mere animal existence". The provision also restricts the
mutilation of the body by amputation of an arm or leg, or
6
1974 AIR 2092, 1975 SCR (2)24 the removal of an eye or destruction, of any other organ
7
1953 AIR 225, 1953 SCR 758
8
1980 AIR 1535, 1980 SCR (3) 855
9 10
AIR 2001 (SCC 437) (1980) I SCC 81
Bhatt and Bahuguna, International Journal on Emerging Technologies 10(1a): 163-170(2019) 164
of the body via which the soul communicates with the Bengal15. The details of all the police personnel that are
other world." The right to live is not limited to simple being managed or the interrogation of the detainee must
animal existence. It means more than simple physical be recorded in a register with a memorandum of arrest
survival [24]. The National Human Rights Commission at the time of the arrest and the memorandum must be
has taken some steps regarding this which remained attended by at least one witness, who may be a member
unsuccessful. of the family or a respectable person. The place of
execution of the arrest must be signed by the arrested
B. Rights against Solitary confinement person and must contain the time and date of the arrest.
The constitutional validity of the solitary confinement
prescribed in section 30(2) of the 1894 prison law was VI. MEDICAL EXAMINATION
taken into consideration, which states that the detainee
in isolation is sentenced to death, whilesection56 of this The person under arrest must undergo a medical test by
law allows the use of chains for the safe custody of a doctor within 48 hours. 3.6.6 Right to Food and Water:
prisoners. The fiduciary administration in the hands of A. Fooding
the superintendent is not imprisonment in the true Nutritional and quality food should be given to the
11
sense. In Kishore Singh v. State of Rajasthan it was prisoners. Adequate amount of drinking water should
stated by Justice V.R. KrishnaIyer that solitary also be made available.
confinement has to have its restoration only in the rarest
of rare cases for security reasons to make it in B. Complaints of insubstantial food and inadequate
consonance with the constitution’s article 21. The clothing
Supreme Court stated that the solitary confinement Undoubtedly, the rules available in the manual of prison
means violating the life and personal space of the raise a question on clothing and food facilities. The
prisoners. system of complaints introduced in the Tihar prison for
some time must also be adopted in other prisons [25,
C. Rights against Hand Cuffing 26]. The complaint received must be questioned and
In India, it became common practice for the police to appropriate actions must be taken.
arrest and handcuff accused, regardless of the nature of
the crime committed by them and the responsibility for C. Right to have adequate accommodation
any evasion. In Prem Shankar v. Delhi administration ,
12 As per rule 20, lighting, sanitation, ventilation, bedding,
the Supreme Court added another bullet in its arsenal to hygiene, clothing, etc., should have provision for, for the
be used against the war for prison reform and the rights prisoners. [27] Inmates should be kept in an area of
of prisoners. In the present case, the question that was minimum of 40 sq. ft. with furniture.
asked whether or not the manual sleeve was D. Right to be interview
constitutionally valid. . In the present case, the court has Communication and interaction, via interview is a must
put a ban on the habitual manipulation of prisoners for which lawyers are appointed. Giving importance to
making it mandatory and stated difference between freedom of speech, lawyers will visit on a routine basis.
classes of prisoners obsolete. The court also said that
"the handcuffs hand are, prima facie, inhuman and E. Right to Socialize
therefore unreasonable are too harsh and, at first sight, The person in prison is very much allowed to meet
arbitrary. The fair procedure absent and the purpose of family and friends, and legal advisers and children in
inflicting iron monitoring is to use zoological strategies case of women.
disgusting for Article 21 of the Constitution".
F. Right to Recreational Facilities
D. Rights against Inhuman Treatment of Prisoners Sports and physical education is to be taken care of.
The Supreme Court of India took seriously the inhumane
G. Right to Free Legal Aid
treatment of prisoners and gave appropriate instructions
There is no such thing mentioned or provided but judicial
for prisons and law enforcement authorities to safeguard
personnel have considered poor prisoners and handed
the rights of prisoners. In Raghubir Singh v. State of 16,17
13 them free legal aid.
Haryana , the Supreme Court said how angry it was
due to the torture to have upheld the life sentence H. Right to Speedy Trial
declared to a police officer being accused of the death This is an essential right that guarantees delay in trials
14 18
of a suspect due to torture in a police lock up. . and is concerned with liberty and life of a prisoner.
“Nothing is more cowardly and unconscionable than a
person in police custody being beaten up and nothing I. Right to have healthy atmosphere in prison
inflicts a deeper wound on our Constitutional culture that The Supreme Court has recognized nine main problems
a state official running berserk regardless of Human afflicting the prison system, namely that overcrowded,
Rights” said the Supreme Court by expressing its delays in the process, torture and ill treatment, health
remorse. and hygiene negligence, inconsistent food and
On complaining about custodial violence to women inadequate clothing, vices in prisons, communication
prisoners in jail the Supreme Court directed that those shortages, rationalization of the penitentiary system
helpless victims of prison injustice should be have legal visits to the prison and administration of prisons
assistance at the State’s cost and have protection outdoors. Among them, the court identified unhealthy
against maltreatment and torture The SC has set a housing within the prison as a serious problem. Poor
framework for inhumane treatment and custody of sanitary conditions and maintenance inside the prison
people in prison to police in D.K. Basu v. State of West were discussed, as were restrictions on visiting the

11 15
AIR 1981 S.C. 625. A.I.R. 1997 S.C. 610.
12 16
AIR 1980 (SC 1535) AIR 1981 SC 928
13 17
A.I.R. 1980 S.C. 1087 A.I.R. 1981 S.C. 1068.
14 18
AIR 1981 S.C. 625. AIR 1979 (SC 1377)
Bhatt and Bahuguna, International Journal on Emerging Technologies 10(1a): 163-170(2019) 165
prisoner's relatives. There were no toilets inside the cell States in any given year. There is a crisis of
to respond to the call of nature during the night. For this, overcrowding in the British prison system which is
two plastic buckets were supplied with the lid at night containing far greater numbers than it was designed for,
and the next day in the morning, buckets containing regular, repetitive, unnecessary overuse of strip-
excrement were cleaned in turn by the inmates of the searching in women’s prisons which is humiliating,
cell. degrading and undignified and a dreadful invasion of
privacy. For women who have suffered past abuse,
J. Right to participate in Cultural Activities particularly sexual abuse, it is an appalling introduction
The basic principles for the treatment of prisoners’ state to prison life and an unwelcome reminder of previous
that all prisoners should have the right to participate in victimization. For those with drug addictions clinical
cultural activities and education aimed at the full detoxification does not stop the habit. Those women for
development of the human personality. whom prison is necessary would clearly benefit from
K. Prison Labour and equitable payment of wages being in smaller units closer to home or more easily
Work in prison also involves some human rights issues. accessible for visitors, such as in city centers. The
The purpose of the work assigned to an inmate will vary existing system of women’s prisons should be
according to the punishment and the nature of the dismantled and replaced by smaller secure units for the
incarceration [28, 29]. The problem concerning improper minority of women from whom the public requires
21
remuneration was raised before the Indian judiciary. protection and one of the change is that a Mother and
Following this doctrine, Krishna Iyer, J. in an important Baby Unit is designated separate living accommodation
jurisprudence, ordered the prison authorities to hire an within a women's prison, which enables mothers to have
inmate in agriculture, since it traditionally belongs to that their children with them whilst in custody.
sector of society. Women’s community centers like Asha and Calderdale,
pioneers of a woman-centered approach, have found
L. Right to Health and Medical Treatment the right way to treat women and that their work must be
Prisoners have no access to the medical experience, his extended and built on as a real alternative to prison22.
imprisonment imposes limited access; no choice doctor,
and prisoners are in exposure to more health risks than VIII. POSITION OF WOMEN PRISONER IN UNITED
citizens who are free. STATES
M. Right to be examined by Doctors before entry to There are of course many more women in American
Prison prisons jails than in Britain and other countries in the
Section 54 of the Code of Criminal Procedure of 1973 World, an obvious reflection of the greater population
gives provision for the examining an individual’s body base. This means that the above statistics only pertain
held by a registered doctor on request of the person to prisons and to local city and country jails in which
arrested in torture and abuse case. most women and men are held. There is an increasing
rate of Women in U.S. prisons. The conditions
N. Right to Education experienced by women in prison vary greatly; they vary
Even from the social point of view, we cannot deny that from State to State and most importantly relative to type
prisoners are part of our society and therefore it is of institutions.
necessary that they are allowed to reach the rest of The numbers are truly staggering. Between 1980 and
society (28, 34). Education can play an important role in 2006, the population of women in prison jumped 800
updating one’s knowledge and improving the skills. percent. The situation is even grimmer for minorities,
Therefore, education was considered a prisoners' right who comprise two–thirds of all incarcerated women.
that was incorporated into the various guidelines given Sadly, most women behind bars have been convicted of
by the UN, SC and National Commission for Human non-violent crimes like drug possession or prostitution,
Rights [30, 31]. and even violent offenders have heartbreaking stories.
O. Right of Library facilities For example, up to 90 percent of women convicted of
23
Article 19(i)(a) of Indian Constitution is inclusive of the murdering a man were also abused by that man .
freedom of acquiring knowledge.
19 Sadly, many women behind bars were primary
caregivers for their children. Women are also more
P. Right to Publication susceptible to a number of chronic conditions such as
These rights are rights that derive from certain varicose veins, constipation, anemia, urinary tract
restrictions and objections, for example, when the prison infections, and migraines. They even outstrip
authorities did not allow the publication of a scientific incarcerated men in mental health issues, often being
book, the Supreme Court declared that there was the victims of lifelong abuse. Sadly, the vast majority of
nothing in the 1951 Bombay detention order that forbids women who are incarcerated fall well below the poverty
someone to write or publish a book. line, and even before they were imprisoned, they had
little to no access to healthcare.
Q. Freedom of speech and expression
Just like other people, prisoners are entitled to the liberty IX. METHODOLOGY
of exercising the right of speech and expression. Indian
judiciary has this right identified for prisoners as well Researcher has collected the data from various sources
20
[32].
21
VII. POSITION OF WOMEN PRISONER IN BRITAIN https://www.justice.gov.uk/publications/docs/corston-
report-march-2007.pdf last accessed on 27th April 2019.
Women constitute about three to four percent of the 22
https://www.justice.gov.uk/publications/docs/corston-
prison and jail population in Britain and the United report-march-2007.pdf last accessed on 29th April 2019
23
http://listverse.com/2014/07/17/10-gripping-facts-
19
AIR 1966 SC 424 about-women-in-prison/ last accessed on 2 November
20
AIR 1973 SC 1461 2018
Bhatt and Bahuguna, International Journal on Emerging Technologies 10(1a): 163-170(2019) 166
i and data from state and district level, previous 5 Location – Medical facility +ve,
researches journals, etc. The design for this research is Rejected
Doctrinal and Non-Doctrinal [33, 34]. In non-doctrinal 6 Location – Primary Healthcare +ve,
research data is collected from field annotations, facility Rejected
reports, case observations, analytical and proportional 7 Location – Recreational facility +ve,
study of article whereas in Doctrinal research there will Rejected
be inclusive and reasoned study of caucus, judicial 8 Location – Open Space +ve,
decree, mechanism, guidelines of truce and Availability Rejected
conventions, realistic insinuation of International and 9 Age – Medical Check-up in the -ve, Rejected
National statues [35]. Prison by Female Dr.
X. ANALYSIS & RESULTS 10 Age – Cubic Content of Air -ve,
Accepted
The present study is done throughout Uttarakhand and 11 Age – Ventilation Facility -ve,
all the respondents (women prisoners) fetched Accepted
responses for the study to test Hypothesis 1: “There is 12 Age – Sports activities in Prison -ve,
no significant difference in the conditions of women Accepted
prisoners in different jails of Uttarakhand”. Among all the 13 Age – Minimum Floor Space in -ve,
respondents, 34% belong to Haridwar jail, 21% belong the Cell Accepted
to Haldwani, 19% belong to Dehradun, 17% belong to 14 Age – Light Facility in the Cell +ve,
Nainital, 6% belongs to Roorkee and 3% belong to Pauri Accepted
jail. While, the prisoners at Tehri jail refused to provide 15 Age – Status of Inhuman -ve,
the necessary information. Treatment Accepted
The general perspective about the women prisoners are 16 Age – Cubic Content of Air -ve,
formulated below: Accepted
As per the survey responses, it have been explored that
17 Age – Quality of Drinking Water -ve,
22% of the prisoners’ accompany their children with
Accepted
them in the prison, whereas 11% denied to the fact and
18 Age – Cubic Content of Air -ve,
it is not applicable in 67% cases.
Accepted
As per the survey responses, it have been explored that
13% of the prisoners’ children study, whereas 36% don’t 19 Location – Availability of -ve,
study; whereas it is not applicable for 51% cases. Utensils Accepted
As per the survey responses, it have been explored that 20 Location – Education & Literacy -ve,
11% of the prisoners have one dependent, 5% of the Accepted
prisoners have 2 dependents, 24% have more than 2 21 Location – Library facility -ve,
dependents, 12% didn’t respond to the fact, whereas it Accepted
is not applicable for 48% of the respondents. 22 Location – Clothing and Other -ve,
From the survey results, it have been observed that 62% Items Accepted
of the prisoners are alleged for murder, 6% for theft, 5% Summary of results for Hypothesis I
for assault, 9% for drugs related crimes whereas 18%
are alleged for other offenses. The three variables “Food facility”, “Water facility”,
It is quite evident that 10% of the prisoners have “Hygienic facility”, “Medical facility”, “Primary Healthcare
reported for cardiac diseases, 3% for summarization facility”, “Recreational facility” & “Open Space
disturbance and Psychosis, 18% for depression, 4% for Availability” are positively correlated with different jails of
other personality disorders, and 2% for anti-social Uttarakhand. Whereas, the variables “Clothing and
personality disorders; whereas 42% respondents didn’t Other Items”, “Availability of Utensils”, “Education &
respond for the fact of symptoms for various diseases. Literacy” and “Library facility” are negatively correlated
The 81% respondents reported that they have male with different jails of Uttarakhand. The variables “Cubic
inmates, 11% reported for female inmates, 3% reported Content of Air”, “Ventilation Facility”, “Sports activities in
for both genders whereas 5% of the respondents didn’t Prison”, “Minimum Floor Space in the Cell”, “Status of
respond for the fact. Inhuman Treatment”, “Quality of Drinking Water”,
25% of the prisoners opined that there is no provision of “Medical Check-up in the Prison by Female Dr.” &
nursery staff for their kids, whereas 13% opined “Cubic Content of Air” are negatively correlated with age
positively and 61% didn’t respond to the fact. of women prisoners in Uttarakhand.
27% of the respondents opined that there are no Whereas, the variable “Light Facility in the Cell” is
arrangements for special accommodation for all positively correlated with age of women prisoners in
essential pre and post-natal care as well as treatment, Uttarakhand.
whereas 11% responded positively and 62% of the XI. CONCLUSION
respondents didn’t respond to this fact.
The result in the end is the same that still lot of
Proposed Relationship Results improvements needed in the area of Women Prisoners
and their Prison but as a matter of concern with several
1 Location – Food facility +ve,
major issues[25, 37].
Rejected
Observations said that a small number of women
2 Location – Water facility +ve, prisoners are liable for their requirements that are
Rejected deserted. 81% of the women prisoners have opined that
3 Location – Condition of -ve, Rejected they have male inmates. Further, 95% of respondents
mattresses said that there is only male staff in the prisons, which
4 Location – Hygienic facility +ve, again points out the measure of safety and rights of
Rejected women prisoners in the jails of Uttarakhand. On the
Bhatt and Bahuguna, International Journal on Emerging Technologies 10(1a): 163-170(2019) 167
basis of the interview, the following facts have been Educational scholarship facility for Children of
identified- women prisoners: The state of Uttarakhand should
• In all the jails in Uttarakhand, women prisoners went adopt the concept of educational scholarship for the
through inequity including their children. children of women prisoners so that children shall be
• So, there is an urgent need to upgrade the existing motivated to study, this scholarship will be given subject
infrastructure in the jails to cater the future needs. to the financial conditions for example in Delhi, Tihar
• There is no provision for educational and vocational Jail, the Delhi government are providing scholarship for
training programs for women in any jail of Uttarakhand. the children of women prisoners for the education
• There is no provision for pregnant women and purpose.
breastfeeding mothers. Custody as safe place in terms of Human Rights
• There is no particular cell for a child and a mother. perspective for women prisoners: This concept is
• 25% of the respondents opined that there is no associated with the fair treatment and safe and healthy
provision of nursery schooling in the jail premises and atmosphere within the prison which is also one of their
no proper accommodation for the children [34, 38]. The fundamental rights or basic human rights, to make
structure of a prison should be strong and concrete as it custody as a safe place by placing the prisoners in such
builds up the present leading to the future. accommodation where they should be classified
according to the risks and thus must be kept into
XII. SUGGESTIONS segments accordingly. Unethical, illegal instruments of
It was a well settled fact that the requirement of male restraints must not be applied as punishment, proper
and female differs significantly and thus we must not vigilance is required from the prison staff, and to make
expect the same kind of needs, thus there is a nexus of this more effective for this an officer from the District or
changing needs and the same should be addressed by State Human Right Commission can be attached with
the Indian Prison structure, keeping in views of the said the prison authorities.
needs here are few suggesting measures which will help Discipline and Punishment: In the cases of
the prison dimensions in a better way. disciplinary punishments, every prisoner should be
• A women who is at her advance stage of pregnancy punished as per the guidelines which must envisaged
accompanying her young child to a jail should be the principle of natural justice which is inherited in Indian
provided with amenities. laws and International statutory provisions and in
• The young children along with their mothers should be consistent with the procedure established by law. The
provided adequate food and nutrition•. The government punishment shall not violate the real essence of human
must appoint counselors who are technically qualified dignity as enshrined in Right to Life and personal liberty
and counsel the women prisoners along with under Art 21 of Constitution of India.
rehabilitation programs NGO and other agencies should personally attempt
Educational standards and Cultural dynamics: For to promote employment and educational programs for
making the prisoner’s life a worth, there is only one prisoners which can strengthen them to progress and
weapon i.e. Education and thus education for the feel them self-confident. NGOs can further help the
prisoners must be made compulsory. It must not only women prisoners to assist them by providing legal
aim for the development for the prisoners as a whole but consultancy via advocates to defend their cases as
also to prepare them to study with higher degree so that many of the prisoners don’t have enough financial and
when they come out of prison they can earn for their personal capacity to hire them. Such organizations can
lives and can become enough competent to fight against further assist the jail authorities to plan the picnics and
the social evils. It has been observed that there are no other recreational programs for the children of women
library facilities in Uttarakhand Jails, thus it must be prisoners so that the prisoners may feel satisfied from
installed and all the prisoners should be allotted their children’s care. NGOs must also assist in part time
compulsory library timings. Women prisoners must be vocational programs for prisoners like small scale
sensitized about the qualities of education so that the production which can be easily installed in prison
interest of education must be developed amongst them. premises. .
There must be cultural programs as it has been Access to health care: Basic health care must be
observed that there are very less or no cultural activities provided to every prisoner which must met the
in Uttarakhand prisons. Cultural events should be standards set by the state government and there must
organized in every six months like sports, singing etc. so be regular and routine medical check-ups by the
that it will help them in getting out their hatred. qualified Doctors in this regard NGO’s assistance can be
Religion & spirituality: In India each individual born taken, the prison authorities must also emphasize on
with some religion apart from being a human being it’s a special categories of prisoners who may needed special
bitter truth and we must accept it, India being a secular medical treatment or psychiatrics.
state as promulgated in our constitution, thus it is Specialist health care for women prisoners: As
suggested that prisoners as protected by the constitution there is a biological differences between the men and
must be provided with the facility to observe the tenets women prisoners thus there is a specialist and specific
of their religion, in this regard facilities should be health care system is required for the women prisoners
provided in the prison which is not there in the jails of [36], despite of the fact that we are having rules and
Uttarakhand, as this will also help them in getting inner regulation and advisory, still we have witnessed the
peace too. large gaps in the practical execution of an effective
Social welfare measures: The government must system of health care, I strongly suggest that a female
appoint counselors who are technically qualified and medical officer must regularly inspect and whenever
counsel the women prisoners about their current status require advice or direct the authority concern about the
(children, family, society etc.) and future. Female social quality of food, basic hygiene, basic cleanliness, general
workers must be appointed at the prison that can look sanitation, sufficient lighting, proper clothing, bedding,
into the problems of the prisoners specially to alleviate routine exercises and availability of other basic
their family. amenities. Specially and specifically for the women
Bhatt and Bahuguna, International Journal on Emerging Technologies 10(1a): 163-170(2019) 168
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