National Policy On Prisons - India

K.V.Reddy President All India Prison Officers Association 09849904733 / 09440060055 E - Mail: [email protected]

National Policy on Prisons Institute of Correctional Administration, Chandigarh 23 September 2006.

SUGGESTIONS AND RECOMMENDATIONS

1. Prisoners Rights 1.1 Prisoners should not be deprived of their rights. 1.2 Expectant Women or Women with Infants should have a system of parole for them to deliver a baby outside the prison and thereafter to bring up their infant in normal society. 1.3 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. 1.4 There is a need to have outside crèches for those children whose mothers are inside the prison.

2. Medical Facilities 2.1 Better medical facilities should be provided to every prison inmate. Well equipped Lab with testing facilities in every Central Prison. 2.2 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.

2.3 CMO should visit the prison premises every month and get the samples of water and food collected for certification. 2.4 Diet menu should be drawn by Dietician keeping in view the demographic composition of prison population. 2.5 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. 2.6 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. 2.7 Proper medical examination record of each prisoner should be maintained. 2.8 System of telemedicine should also be encouraged. 2.9 Staff should be trained in order to classify inmates scientifically. 2.10Biometric Identification of both prisoners and visitors to the prison.

3. Physical conditions of Prisons 3.1 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. 3.2 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 3.3 Architecture design should be qualitatively improved keeping in mind the prison security and service. 3.4 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. 3.5 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 3.6 There should be better visiting area for women inmates to meet their children. No meeting behind bars for women and their Children.

4. Prison Administration 4.1 Prison Administration should be run on economic criterion of making it self sustainable, efficient, cost-effective and dynamic.

4.2 As far as possible, attempt should be made to segregate under trials from the convicts. And also ensure better training programs for each of them. 4.3 Under trials should be asked to work so as to maintain their upkeep expenses. 4.4 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.

4.5 To ensure presence of under trials in Court, an attempt should be made to introduce the video conferencing for under trials to get their cases processed expeditiously. Delay in production can be avoided through separate prison escort force for taking under trials to courts . 4.6 Either double shift in criminal courts should be introduced or more judges should be appointed for expeditious disposal of cases. 4.7 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.

4.8 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 inmateswith their children and family. 4.9 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. 4.10To ensure that education and work programs remain more useful to both inmates and society, these should be outsourced as far as possible and outmoded and outdated programs should not be run on account of scarcity of funds. Gardening and landscaping activities for women inmates. 4.11Pay 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. 4.12The 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.

5. Legal Aid Facility 5.1 The timing and places should be properly displayed where legal aid is made available to public at large and families of under trials 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 under trials be kept.

5.2 Lok Adalats should be held in each prison

6. Encouraging Alternatives to Imprisonment 6.1 More liberal use of bail by judiciary 6.2 Review of compoundable offences 6.3 More effective use of probation 6.4 Public awareness about community service schemes

6.5 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. 6.6 Sensitizing judiciary about alternatives to imprisonment 6.7 Identity Cards to those offenders who go to the workplace as an alternative to imprisonment.

6.8 More open prisons and their use to encourage reformation and rehabilitation of convicts. Open prisons for women convicts as well. 6.9 Public awareness about community service schemes

6.10 Change in the Law i.e. I.P.C. and Cr.P.C. and Special Laws 6.11Awareness programs for judiciary on ‘Alternatives to Imprisonment’. 6.12All India Prison and Correctional service for higher level prison staff.

7. Miscellaneous Suggestions

7.1 Commendation certificates, citations should be given to efficient staff by the Superintendent / Inspector General of Prison. 7.2 Welfare officers to look into welfare issues of staff. 7.3 Recreational facilities to staff be provided within prison campus 7.4 Newspapers and magazines supply to women inmates 7.5 Separate bank account for women who work inside the prison

7.6 Counseling programs to prepare women for separation from their children 7.7 Work programs for women inmates like handmade paper, hair cutting, beautician, etc. 7.8 Variety in Food for children and also for prisoners 7.9 Gender Sensitization training programs for Prison Staff. 7.10Facility for voluntary testing and confidentiality for HIV positive prisoners. 7.11Training of Prison Doctors on ‘HIV Issues’.

7.12 ARV Treatment for prisoners who are affected by AIDS. 7.13 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.

7.14 Telephone facility for prisoners to avail tele counselling. 7.15Psychiatric treatment and facilities for managing drug-addicts. 7.16Under trials data-base and its proper management 7.17Non official women members to look into issues of women inmates. 7.18Regular review of Diet Scale 7.19Pamphlet of rights and duties of prison inmates should be given to every inmate upon entry. 7.20Superintendents must have power to allow prison inmates to attend cremation ceremony. 7.21Religious and meditation program should be organized in each prison. 7.22IGNOU Centers should be set-up in each prison. 7.23To ensure physical, mental and spiritual well-being of inmates, outside community must be encouraged to participate in prison programs. 7.24Review of prison offences and punishment powers of Superintendent. 7.25Short stay homes for women inmates who are released from Prison. 7.26Employment Certificates to inmates who have obtained training during their stay in prison.