CHAPTERISATION

1. JUSTICE PLAY (SUMMARY)…………………………………………….

2. SOLITARY CONFINEMENT IN PLAY JUSTICE

3. SOLITARY CONFINEMENT

4. SOLITARY CONFINEMENT IN INDIA

5. AFFECTS OF SOLITARY CONFINEMENT ON PRISONERS

6. PRISON REFORMS

7. MEASURES OF PRISON REFORMS

8. CONCLUSION

9. BIBLIOGRAPHY
AIMS AND OBJECTIVES

The aim of the researcher is:

1. To study Solitary confinement.

2. To study the suffering of the prisoners.

3. To study the related sections of IPC.

REVIEW OF LITERATURE

● Sources of data collection :

▪ The researcher has relied upon following primary source of data:

a) Justice written by John Galsworthy

▪ The researcher has relied upon following primary source of data:

a) Books

b) Websites

● Methods of data collection

The researcher has adopted doctrinal method of data collection. For this, the
researcher has made extensive use of the library at the Chanakya National Law
University and also the internet sources.
JUSTICE PLAY (SUMMARY)

Justice: by John Galsworthy (1910)1. William Falder, a young clerk in a solicitor’s

office is in love with a woman, who is being cruelly treated by her husband. In an
ill-balanced moment he commits forgery in order to find money to rescue her from
her husband’s brutality. He is discovered as he is on the point of sailing with her to
South America. At his trial his counsel pleads guilty for him, but asks the jury to
believe that the prisoner acted under great emotional stress, and adds, “men like the
prisoner are daily destroyed under our law for want of that human insight, which
sees them as they are, patients, and not criminals.” The judge sums up against this
plea, and the prisoner is sentenced to three years’ penal servitude.

On his release, he is unable to keep employment that had been found for him, as
his fellow-employees learned about his past. “He seems (he tells someone who
knew him)2 to be struggling against a thing that is all around him.” His old
employers offer to take him back again on condition that he gives up the company
of the woman for love of whom he had committed forgery. He refuses, and his
employers relent, but at that moment a detective enters to arrest him because for
four weeks he has failed to report himself. He throws himself out of a window and
is killed. This play made so great an impression on the public mind that certain
important reforms in prison administration in England are directly to be traced to
its influence.

1
https://www.enotes.com › Study Guides

2
www.kkhsou.in/main/EVidya2/english/john_galsworthy.html
SOLITARY CONFINEMENT IN PLAY JUSTICE

In John Galsworthy’s play Justice the exercise of social injustice in the name of
legal justice has been criticized. And in the dramatic action of the Dumb Scene
(Act III Sc. III)3 of his play, Galsworthy has portrayed the deep agency of a
sensitive prisoner kept in a solitary confinement. With a cudgel in hand here
Galsworthy is merciless in his criticism of prison administration that treats
prisoners not as humans but as dumb inhabitants of dungeon.

Here is the description of the small cell that brings out the indifference of the
prison authority to the emotional needs of a prisoner. The scene shows Falder, the
convict, hasten to catch a sound from the world outside. But nothing except the
sound of a lid of tin falling from his hand or that of an occasional banging
travelling from cell to cell is heard. He has no companion but his image reflected
on the tin lid. The only activity in which he may engage himself is the stitching of
a shirt in which he sometimes seen to fancy something else or somebody. In a fit of
depression he prowls about, listens eagerly to sounds incoming. The solitariness
crushes him beyond reorganization. The simile of a caged animal has been
appropriately used to describe the impact of a terrible confinement on Falder’s
psyche. No wonder he would gasp for breath or engage himself in meaningless
activities like the beating of the door.

Thus the Dumb Scene4 intensifies the tragedy of Falder arousing pity and fear in
the audience. It is a faithful depiction of the terrible or hell experienced by Falder
as well as by prisoners of that time during the period of solitary confinement in
yearly 20th century. Galsworthy has made the scene eloquent without using
dialogues or lengthy speeches.
3
https://www.britannica.com/topic/Justice-play-by-Galsworthy
4
shodhganga.inflibnet.ac.in/bitstream/10603/85959/9/09_chapter%202.pdf
In it, he has effectively attacked the system of solitary confinement prevailing in
his time. The scene could well be the catastrophe of Falder’s tragedy.

The catastrophic scene should have aroused pity and fear in the audience. But
Falder fails to arouse their admiration, which is characteristic of a tragic hero.
Replacing the blind, relentless fate of the Greek tragedy, social determinism
crushes him under its chariot wheels. In stead of struggling stoically with the
hostile society, like a classical tragic hero, he is subsumed to its forces. His end is
rather pathetic than tragic. So, he cannot be called a tragic hero in the Aristotelian
sense of the term. But his unequal struggle with the social forces and his ultimate
end represent the tragedy of modern man struggling against an antagonistic society
which holds an individual in its power yet perishes him. That is why, Falder
should be regarded as a tragic hero in the modern sense of the terms and the Dumb
Scene the height of his tragic plight.
SOLITARY CONFINEMENT

Solitary confinement5 is the practice of isolating people in closed cells for 22-24
hours a day, virtually free of human contact, for periods of time ranging from days
to decades.

Few prison systems use the term “solitary confinement”, instead referring to prison
“segregation” or placement in “restrictive housing”. As this may be done for
punitive, disciplinary or purportedly protective reasons, the names vary. Whatever
the terminology, the practice entails a deliberate effort to limit social contact for a
determinate or indeterminate period of time.

For most of the 20th century, a typical stay in solitary amounted to just a few days,
or several weeks in more extreme cases. Today, it’s not unusual for inmates to
spend years at a time in solitary. Supporters say the practice helps keep prisons
safe, but according to the medical literature, solitary confinement can also take a
heavy mental toll.

5
https://www.pbs.org/wgbh/.../what-does-solitary-confinement-do-to-your-mind/
SOLITARY CONFINEMENT IN INDIA

Solitary confinement is a form of imprisonment in which an inmate is isolated

from any human contact, with the exception of members of prison staff. In India,
maximum period of solitary confinement is 3 months and it shall not exceed 14
days at a time. Relevant provisions of solitary confinement are sections 73 and 74
of Indian Penal Code, 1860.6

Section 73. Solitary confinement

Whenever any person is convicted of an offence for which under this Code the
Court has power to sentence him to rigorous imprisonment, the Court may, by its
sentence, order that the offender shall be kept in solitary confinement for any
portion or portions of the imprisonment to which he is sen-tenced, not exceeding
three months in the whole, according to the following scale, that is to say—

 a time not exceeding one month if the term of imprisonment shall not exceed
six months;
 a time not exceeding two months if the term of imprisonment shall exceed
six months and shall not exceed one year;
 a time not exceeding three months if the term of imprisonment shall exceed
one year.

66
https://www.theguardian.com/world/2016/apr/27/what-is-solitary-confinement
Section 74. Limit of solitary confinement7

In executing a sentence of solitary confinement, such confinement shall in no case

exceed fourteen days at a time, with intervals between the periods of solitary
confinement of not less duration than such periods: and when the imprisonment
awarded shall exceed three months, the solitary confinement shall not exceed
seven days in any one month of the whole imprisonment awarded, with intervals
between the periods of solitary confinement of not less duration than such periods.

Landmark case laws

Unni Krishnan & Ors. v. State of Andhra Pradesh & Ors., 1993 SC

As per Supreme Court “Right against solitary confinement” is one of the rights that
falls under article 21 ( right to life ).8

The case involved a challenge by certain private professional educational facilities

to the constitutionality of state laws regulating capitation fees charged by such
institutions.

The Supreme Court held that the right to basic education is implied by the
fundamental right to life (Article 21) when read in conjunction with the directive
principle on education (Article 41). The Court held that the parameters of the right
must be understood in the context of the Directive Principles of State Policy,
including Article 459 which provides that the state is to endeavour to provide,
within a period of ten years from the commencement of the Constitution, for free

7
solitarywatch.com/facts/faq/
8
https://indiankanoon.org/
9
www.livelaw.in/tag/indian-kanoon/
and compulsory education for all children under the age of 14. The Court ruled that
there is no fundamental right to education for a professional degree that flows from
Article 21. It held, however, that the passage of 44 years since the enactment of
the Constitution had effectively converted the non-justiciable right to education of
children under 14 into one enforceable under the law. After reaching the age of
fourteen, their right to education is subject to the limits of economic capacity and
development of the state (as per Article 41). Quoting Article 1310 of the
International Covenant on Economic, Social and Cultural Rights, the Court stated
that the state's obligation to provide higher education requires it to take steps to the
maximum of its available resources with a view to achieving progressively the full
realization of the right of education by all appropriate means.

Keywords: Unni Krishnan, J.P. & Ors. v. State of Andhra Pradesh & Ors. Cited
as: 1993 AIR 217, 1993 SCR (1) 594, 1993 SCC (1) 645, JT 1993 (1) 474, 1993
SCALE (1)290, Education, Rights

Enforcement of the Decision and Outcomes:

The state responded to this declaration nine years later by inserting, through the
Ninety-third amendment to Constitution, Article 21-A, which provides for the
fundamental right to education for children between the ages of six and fourteen.
In addition, several States in India have passed legislation making primary
education compulsory. These statutes “have however remained un-enforced due to
various socio-economic and cultural factors as well as administrative and financial

10
https://barandbench.com/non-reportable-judgment-indian-kanoon
constraints. There is no central legislation making elementary education
compulsory. under Article 21 (Right to Life) of the Constitution.

Sunil Batra v. Delhi Administration, 1979 SC

Supreme Court11 held that solitary or single cell confinement prior to rejection of
the mercy petition by the President is unconstitutional.

What are the effects on prisoners?

In short, not much better. Stuart Grassian, a board-certified psychiatrist and a

former faculty member at Harvard Medical School, has interviewed hundreds of
prisoners in solitary confinement. In one study, he found that roughly a third of
solitary inmates were “actively psychotic and/or acutely suicidal.” Grassian has
since concluded that solitary can cause a specific psychiatric syndrome,
characterized by hallucinations; panic attacks; overt paranoia; diminished impulse
control; hypersensitivity to external stimuli; and difficulties with thinking,
concentration and memory. Some inmates lose the ability to maintain a state of
alertness, while others develop crippling obsessions.

Does solitary make prisoners more dangerous?

At the very least, solitary can certainly make prisoners12 much more of a danger to
themselves. Inmates in solitary, for example, have been found to engage in self-
mutilation at rates that are higher than the general prison population.

11
https://www.nextbigwhat.com/indiankanoon-search-engine-for-indian-laws-and-court..
12
https://www.legalresolved.com/indian-kanoon
Suicide is another major concern. In one study of California’s prison system,
researchers found that from 1999 to 2004 prisoners in solitary confinement
accounted for nearly half of all suicides. A 199513 study of the federal prison
system found that 63 percent of suicides occurred among inmates locked in
“special housing status,” such as solitary or in psychiatric seclusion cells. As one
inmate cited in the study explained:

The Hole and Segregation cells are depressing enough to drive many men to take
their lives in order to escape. For some it would appear to be the only way out.
After years of living in the cramped confines of a segregation cell with no hope of
getting out, it is easy to see why a man would prefer death.

What are the psychological effects?

A study involving extensive interviews with people held in the security housing
units at Pelican Bay prison in North California in 199314 found that solitary
confinement induces a psychiatric disorder characterised by hypersensitivity to
external stimuli, hallucinations, panic attacks, cognitive deficits, obsessive
thinking, paranoia, and a litany of other physical and psychological problems.
Psychological assessments of men in solitary confinement at Pelican Bay indicated
high rates of anxiety, nervousness, obsessive rumination, anger, violent fantasies,

13
https://www.legallyindia.com
14
www.legalserviceindia.com
nightmares, trouble sleeping, as well as dizziness, perspiring hands and heart
palpitations.

Testifying before the California assembly’s public safety committee in August

2011, Dr Craig Haney discussed the effects of solitary confinement. “In short,
prisoners in these units complain of chronic and overwhelming feelings of sadness,
hopelessness, and depression,” he said. “Rates of suicide in the California lockup
units are by far the highest in any prison housing units anywhere in the country.
Many people held in the SHUs become deeply and unshakably paranoid, and are
profoundly anxious around and afraid of people [on those rare occasions when they
are allowed contact with them]. Some begin to lose their grasp on their sanity and
badly decompensate.”

Are people with mental illnesses put in solitary confinement?

Yes, in large numbers. Over the last 30 years, prisons and jails have become the
US’s largest inpatient psychiatric centers, and solitary confinement cells in
particular are now used to house thousands of individuals with mental illness. In a ,
Human Rights Watch estimated, based on available state data, that one-third to half
of those held in isolation had some form of mental illness.
Constitutional arguments against solitary confinement

1. It violates the basic concept of human dignity

2. It denies basic human rights

3. It causes significant mental and physical pain and suffering

4. It is unnecessary in many cases

Arguments in favour of solitary confinement

1. It is necessary to prevent cases of suicides

2. It is an additional measure of protection of an inmate from other inmates

3. In cases of violations of prison regulations, it can be given to some extent

Prison Reforms

Prison reform15 is the attempt to improve conditions inside prisons, establish a

more effective penal system, or implement alternatives.

Nowadays imprisonment does not mean to break the stones or grind the chakkies
but the sense has changed. Undoubtedly, the condition of modern prison system is
far more better than that in the past but still much remains to be done in the
direction of prison reforms for humane treatment of prisoners. The following
modification in prison administration can be suggested for improving the
efficiency of these institutions:

15
www.humanrightsinitiative.org/content/prison-reforms
1) The maintenance of prison establishment is an expensive affair. It is in fact an
burden on the public. Therefore the offender should be confined to the prison for
only a minimum period which is absolutely necessary for their custody. The
elimination of long term sentences would reduce undue burden on prison
expenditure. It is further suggested that where the term of imprisonment exceeds
one year, a remission of one month or so per year be granted to the inmate so as to
enable him home town and meet his relatives. This will help in his rehabilitation
and after his release he can face the outside world courageously casting aside the
stigma attached to him on account of imprisonment.

2) The women prisoners should be treated more generously and allowed to meet
their children frequently. This will keep them mentally fit and respond favourably
to the treatment methods. The woman who fall prey to sex offence should be
treated with sympathy and their illegitimate children should be assured an upright
life in the society. Women prisoners should also be allowed to meet their sons and
daughters more frequently, particularly the attitude in this regard should be more
liberal in case of under-trial prisoners. Women prisoners should be handled only by
women police or prison officials. The idea of setting up separate women jails
exclusively for women prisoners, however does not seem to be compatible keeping
in view the heavy expenditure involved in the process.

3) The prisoners belonging to peasant class should be afforded an opportunity to go

to their fields during harvesting season on temporary ‘ticket on leave’ so that they
can look after their agriculture. This would enable them to keep in touch with their
occupation and provide means of living to the other members of their family. Thus
the unity of family life can be maintained which would help rehabilitation of the
prisoner after his release from jail.
4) Thought the prisoners are allowed to meet their close relatives at a fixed time
yet there is further need to allow them certain privacy during such meeting. The
meeting under supervision of prison guards are really embarrassing for inmates as
well as the visitors and many thoughts on the both sides remain unexpressed for
want of privacy. The rights of prisoners to communicate and meet their friends,
family, relatives and legal advisers should not be restricted beyond a particular
limit.

5) The present system16 of limiting the scope of festivals and other ceremonial
occasions merely to delicious dishes for inmates need to be changed. These
auspicious days and festivals should be celebrated through rejoicings and other
meaningful programmes so that the prisoners can atleast momentarily forget that
they are leading a fettered life.

6) The existing rules to the restrictions and scrutiny of postal mail of inmates
should be liberalised. This shall infuse trust and faith among inmates for the prison
officials.

7) The prison legislation17 should make provision for remedy of compensation to

prisoner who are wrongfully detained or suffer injuries to callous or negligent acts
of the prison personnel. It is gratifying to note that in recent decades the Supreme
Court has shown deep concern for prisoners right to justice and fair treatment and
requires prison officials to initiate measures so that prisoners basic right are not
violated and they are not subjected to harassment and inhuman conditions of
living5.

16
www.thehindu.com › Today's Paper › OPINION
17
www.humanrightsinitiative.org/content/prison-reforms
8) The education in prisons should be beyond three R’s and there should be greater
emphasis on vocational training of inmates. This will provide them honourable
means to earn their livelihood after release from jail. The facilities of lessons
through correspondence courses should be extended to inmates who are desirous of
taking up higher or advanced studies. Women prisoners should be provided
training in tailoring, doll making, embroidery etc. The prisoners who are well
educated should not be subjected to rigorous imprisonment, instead they should be
engaged in some mental cum manual work6.

9) On completion of term of sentence, the inmates should be placed under an

intensive ‘After Care’. The process of After Care will offer them adequate
opportunities to overcome their inferior complex and save them from being
ridiculed as convicts.

10) There is dire need to bring about a change in the public attitude towards the
prison institutions and their management. This is possible through an intensive
publicity programmes using the media of press, platform and propaganda will. It
will certainly create a right climate in society to accept the released prisoners with
sympathy and benevolence without any hatred or distrust for them. The media men
should be allowed to enter into prison so that their misunderstanding about prison
administration may be cleared.
Charles Sobraj vs The Suptd., Central Jail, Tihar.

The court18 must not rush in where the jailor fears to tread. While the country may
not make the prison boss the sole sadistic arbiter of incarcerated humans, the
community may be in no mood to hand over central prisons to be run by courts.
Each instrumentality must sanction within its province. We have no hesitation to
hold that while Sobraj has done litigative service for prison reform, he has signally
failed to substantiate any legal injury. We, therefore, dismiss the writ petition,
making it clear that strictly speaking the petitioner being a foreigner cannot claim
rights under Art. 1919, but we have discussed at some length the import of Articles
14, 19 and 21 because they are interlaced and in any case apply to Indian citizens.

I would like to conclude prison reforms by saying that the courts have in recent
years been giving serious thought to the of human rights of prisoners and have, on
that ground, interfered with the exercise of powers of superintendents of jails in
respect of measures for safe custody, good order and discipline.

Research into crime and the criminal is still in its infancy. The immediate need of
research is to evaluate the existing methods of treatment and to suggest new
approaches to the prevention of crime. The value of probation, open prisons, parole
and home leave as reformatory measures need to be established.

Prisoners constitute important institutions which protects the society from

criminals. The obstacles in prison reforms are resource allocation, the deterrent
functions of punishment, the notion of rehabilitation, and internal control.

18
www.thehindu.com › Today's Paper › OPINION
19
www.drishtiias.com/upsc-exam-gs-resources-Prison-Reform
CONCLUSION

Solitary confinement is a broken system that was determined to be ineffective and

harmful in the 1800’s and yet is still used today. It does not lower prisoner
aggression, in fact it seems to raise it. Amnesty International’s calls for abolishing
the practice further highlight the problem. Solitary should be controlled, used less
frequently, and for shorter lengths of time. Combining this with using alternative
methods first, should be beneficial to the prison system and society as a whole.

I have shown the reasons above in this project, also related to the play justice and
prison reforms by inferring with landmark cases.
BIBLIOGRAPHY

 JUSTICE ( BY JOHN GALSWORTHY). Originally published: 1910

Adaptations: Justice (1917) Genres: Drama, Fiction
 Solitary Confinement: Social Death and Its Afterlives: Lisa
Guenther.
 Hell Is a Very Small Place: Voices from Solitary Confinement by
Jean Casella (Editor), James Ridgeway (Editor), Sarah Shourd
(Editor)
 Criminology And Prison Reforms. Author(s): Girish Kathpalia.