Workshop on ‘National Policy on Prisons’

[Guest guest]

Dear FORUM,

Please find enclosed report on Proceedings of the Workshop on ‘National Policy

on Prisons’ conducted at the Institute of Correctional Administration,

Chandigarh on 23rd September, 2006.

Different AIDS related issues were discussed during the workshop.

This report is useful for Community Members to understand the issue. No one

supported the availability of Condoms in the Prison during this workshop.

Kindly discus this issue in the AIDS INDIA mailing list among community members.

For more detailed information kindly contact Dr. Upneet Lalli, Deputy Director,

Institute of Correctional administration, Chandigarh. e-mail:

<ulalli@...>

The workshop on ‘National Policy on Prisons’ was conducted by Dr. Upneet Lalli,

Deputy Director on behalf of the Institute of Correctional Administration,

Chandigarh on 23rd September, 2006.

Invitations for participation were sent to the Prison Departments of Punjab,

Haryana, Himachal Pradesh, Jammu and Kashmir and Chandigarh. This workshop was

well received by the print and electronic media.

All the participants appreciated the arrangements made for the conduct of this

Workshop and participated in various sessions of Workshop and deliberated on the

National Policy on Prisons. The key issues, suggestions and commendations on

different issues are

attached.

Senior Administrators, lawyers, social activists, NGOs, prison officers,

academicians, police officers and released prisoners with their family took part

in this Workshop. All the major stakeholders of the prison system, thus were

part of this workshop. The Workshop was open to all, by way of information

through print media, notices in University Departments, and On-line network

invitation. As a

result of the same, there was high participation with as many as 50 participants

taking part in this Workshop.

KEY ISSUES AND RECOMMENDATIONS THAT EMERGED IN THE WORKSHOP ON NATIONAL POLICY

ON PRISONS.

SESSION – I; ISSUES, SUGGESTIONS AND RECOMMENDATIONS

Speaker : Justice J.S. Narang

Prisoners Rights

Prisoners should not be deprived of their rights.

Medical Facilities

Better medical facilities should be provided to every prison inmate. Well

equipped Lab with testing facilities in every Central Prison.

* Certification of Water and Food

CMO should visit the prison premises every month and get the samples of water

and food collected for certification.

* Expectant Women / Women with Infants

There should be system of parole for them to deliver a baby outside the prison

and thereafter to bring up their infant in normal society.

Speaker : Mr. A.P. Bhatnagar, IPS (Retd.)

Physical conditions of Prisons

The process of overcrowding should be taken care of by shifting the prisons from

towns / centre of city to the outskirts through the process of private public

participation in constructing and management of prisons.

Administrative block

A modern administrative block with all modern technological devices should be

there in each prison to qualitatively improve day to day jail administration,

including its security

Architecture design

Architecture design should be qualitatively improved keeping in mind the prison

security and service.

Prison Campus

Prison campus should also cater to the housing needs of the staff as well as

community centre to cater to the needs of staff and their children.

Prison Administration

Prison Administration should be run on economic criterion of making it self

sustainable, efficient, cost-effective and dynamic.

Speaker : Dr. S.L. Sharma

Scientific classification of prisoners

Staff should be trained in order to classify inmates scientifically.

Speaker : Prof. P.S. Jaswal,

* Separate Prison for Undertrials

As far as possible, attempt should be made to segregate undertrials from the

convicts. And also ensure better training programmes for each of them.

Work Programmes for Undertrials

Undertrials should be asked to work so as to maintain their upkeep expenses.

To ensure presence of undertrials in Court

An attempt should be made to introduce the video conferencing for undertrials to

get their cases processed expeditiously. Delay in production can be avoided

through separate prison escort force for taking undertrials to courts .

Criminal Courts

Either double shift in criminal courts should be introduced or more judges

should be appointed for expeditious disposal of cases.

* Legal Aid Facility

The timing and places should be properly displayed where legal aid is made

available to public at large and families of undertrials in general so that the

maximum benefit could be extracted in each prison. For this NGOs and Law

students should be encouraged to contact the prisoners and their families on a

regular basis to fulfill the requirements of approaching the court. Legal Aid

Cell in each prison should be there to help in processing the legal aid

applications and full case record of undertrials be kept.

Wages for Work

The wages paid for work should be reviewed every five years and the Supreme

Court judgment regarding wages should be followed, where a part of the wages is

paid to the victim’s family.

Speaker : Kr. Vijay Pratap Singh, IPS

Physical Conditions of Prisons

A norm should be adopted to construct flush latrines and bathrooms for the

prison inmates. Accordingly, the same number of bathrooms and toilets should be

constructed. There should be Model and Modern kitchen with proper ventilation

in each prison along with a dining facility.

Diet Menu

Diet menu should be drawn by Dietician keeping in view the demographic

composition of prison population.

* Health and medical facilities - Supply of adequate medicines

Supply of adequate medicines should be ensured either through local purchase or

through a central system and in case of non availability, then Superintendent

should be empowered to purchase up to a limit at a time with no embargo on an

annual basis. The physical infrastructure of hospital / laboratory in each

prison should depend on prison population and for prison population below 50 a

dispensary is a must. Proper medical examination record of each prisoner should

be maintained. System of telemedicine should also be encouraged.

* Biometric Identification of visitors to Prison

Biometric Identification of both prisoners and visitors to the prison.

* Grant of Parole

Grant of parole should not be denied, by quoting the often repeated argument

that there is a threat to law and order. SSP should given specific reasons for

not granting parole and there should be proper representation to convict in case

of rejection of his parole. There should not be pre-mature release to habitual

criminals.

SESSION – II ISSUES

Speaker : Justice Iqbal Singh (Retd.)

Lok Adalats

Lok Adalats should be held in each prison.

Better Coordination

There should be better coordination of the prison Department with other

Departments and also the Criminal Justice Functionaries. District and Session

Judge should ensure smooth coordination between prison departments and all

others including police and prosecution.

Speaker : Dr. Upneet Lalli

Women Prisoners / Outside crèches

There is a need to have outside crèches for those children whose mothers are

inside the prison.

Mulaquat Area

There should be better visiting area for women inmates to meet their children.

No meeting behind bars for women and their Children.

* Communication facility

There should be PCO Room and each prison must be provided with telephone

facility, E-mail, etc. in order to facilitate better communication and contact

of the women inmates with their children and family.

* Women Staff

The ratio of women staff in prisons should at least be equal to prison

population ratio of women and slowly increased to 50%. Periodic training of

women staff.

Education and work programmes

To ensure that education and work programmes remain more useful to both inmates

and society, these should be outsourced as far as possible and outmoded and

outdated programmes should not be run on account of scarcity of funds.

Gardening and landscaping activities for women inmates.

* Medical facilities

There should be a lady doctor and nurse in each women prison. There should be a

proper medical examination and then a subsequent yearly medically examination of

the women inmates.

Encouraging Alternatives to Imprisonment

a) More liberal use of bail by judiciary

Review of compoundable offences

c) More effective use of probation

d) Public awareness about community service schemes

e) Community Service Scheme as an alternative for offences under Excise Act and

minor theft cases and other minor offences where maximum imprisonment is upto

three years.

f) Sensitizing judiciary about alternatives to imprisonment

g) Identity Cards to those offenders who go to the workplace as an alternative

to imprisonment.

h) More open prisons and their use to encourage reformation and rehabilitation

of convicts. Open prisons for women convicts as well.

Speaker : Justice P.S. Patwalia

• Public awareness about community service schemes

• Change in the Law i.e. I.P.C. and Cr.P.C. and Special Laws

• Awareness programmes for judiciary on ‘Alternatives to Imprisonment’.

Speaker : Mr. B.S. Sandhu

All India Prison Service

All India Prison and Correctional service for higher level prison staff.

Pay Scales

Pay scales of prison staff should be at par with police officers. Promotional

opportunities should be there for each level of prison staff with a minimum of

three promotions in 25 years of service.

Head of the Prison Department

The Head of the Prison Department should be from within the prison cadre. In

case of deputation, then a minimum tenure of three years should be given to

enable the HOD to make an impact.

OTHER SUGGESTIONS

Motivating Prison Staff

Dr. Jyoti Seth + NCW Report on Conditions of Women in Detention

Dr. A. Jolly, Counsellor, Chd. * (HIV Issues) and Criminal Justice Initiative

(NGO, Mumbai)

Ms. Suman Gupta, Counsellor Alcoholic Anonymous Creating Awareness about

alcoholism, drugs, etc.

Deepika, Research Investigator

Prisoners (Miscellaneous Suggestions)

• Commendation certificates, citations should be given to efficient staff by

the Superintendent / Inspector General of Prison.

• Welfare officers to look into welfare issues of staff.

• Recreational facilities to staff be provided within prison campus

• Newspapers and magazines supply to women inmates

• Separate bank account for women who work inside the prison

• Counseling programmes to prepare women for separation from their children

• Work programmes for women inmates like handmade paper, hair cutting,

beautician, etc.

• Variety in Food for children and also for prisoners

• Gender Sensitization training programmes for Prison Staff.

• Facility for voluntary testing and confidentiality for HIV positive prisoners.

• Training of Prison Doctors on ‘HIV Issues’.

• ARV Treatment for prisoners who are affected by AIDS.

• Indoor Display Boards for Self-Help Groups like Alcoholic Anonymous, HIV

positive Helpline, Women Helpline, Suicide Helpline, etc. with telephone numbers

at prison reception area and in mulaquat area.

• Telephone facility to avail of tele-counselling.

• Psychiatric treatment and facilities for managing drug-addicts.

• Undertrials data-base and its proper management

• Non official women members to look into issues of women inmates.

• Regular review of Diet Scale

• Pamphlet of rights and duties of prison inmates should be given to every

inmate upon entry.

• Superintendents must have power to allow prison inmates to attend cremation

ceremony.

• Religious and meditational programme should be organized in each prison.

• IGNOU Centres should be set-up in each prison.

• To ensure physical, mental and spiritual well-being of inmates, outside

community must be encouraged to participate in prison programmes.

• Review of prison offences and punishment powers of Superintendent.

• Short stay homes for women inmates who are released from Prison.

• Employment Certificates to inmates who have obtained training during their

stay in prison.

With Personal Regards,

Avnish

Dr. Avnish Jolly,

#3008,Sector-20D,

Chandigarh 160020,

India.

Cell: +91-9814213809

e-mail: <avnishjolly@...>