RESEARCH PROJECT ON

HUMAN RIGHTS AND CRIMINAL JUSTICE RESEARCH PROJECT ON

“WOMEN PRISONERS AND CHALLENGES THEY FACE IN PRISON SYSTEM
INDIA”

In Partial Fulfillment Of The Degree Of Masters In Law

Submitted By: Submitted To:

Sandeep Kumar Ms. Divya Salim

2019 LL.M. 24 Associate Professor

NATIONAL LAW INSTITUTE UNIVERSITY

BHOPAL

1
 TABLE OF CASES

D. Bhuvan Mohan Patnaik v. State of Andhra Pradesh (1975) 3 SCC 185

Hussainara Khatoon v. Home Secretary, State of Bihar, (1980 (I) SCC 98)
RD Upadhyay v. State of Andhra Pradesh and others (1999 4 SCC 437)

Smt. Nilabati Behra v. State of Orissa. 1993 2 SCC 746

Sunil Batra v. Delhi Administration AIR 1980 SC 1579

2
 INDEX

S.NO. TOPIC PAGE NO.

1 ACKNOWLEDGEMENT ii

2 SYNOPSIS 1

3 CHAPTER 1 – INTRODUCTION 4

4 CHAPTER 2 – RIGHTS OF WOMEN PRISONERS IN INDIA

CHAPTER 3 – PROBLEMS OF WOMEN PRISONERS IN

5 PRISON SYSTEM IN INDIA

CHAPTER 4 – GOVERNMENT PROGRAM FOR WOMEN

6 PRISONERS

7 CHAPTER 5 – SUGGESTIOJNS & CONCLUSION

8 BIBLIOGRAPHY

3
 CHAPTER 1

INTRODUCTION
Prisoner known as an inmate or detainee. Women Prisoners are those females who are
deprived of liberty against her will that can be by confinement, captivity, or by forcible
restraint. This term applies particularly to serving a prison sentence in prison. During the
completion of their imprisonment sentence, they suffer lots of challenges inside the prison.
Which are more humiliating for the women prisoners as we know the prisons were
established to punish male criminals and were designed accordingly, but now the whole
scenario has been changed and with this change in society women are also committing crimes
which can be a result of some family disputes or any act that is outcome of their marriage
life. Keeping a person who is convicted of any offense inside the jails is methods of
reformations and rehabilitations but prison system now days are impacting the whole life of
women prisoners. Instead of helping in resocialization and reintegration they are forced to
enter in the criminal world.1

The problem regarding imprisonment become more noticeable in the context of women. The
prison system is principally designed to cater to men but they are not well equipped for the
women and their needs in the prison. As per the most recent data available from the end of
2015, there are 4, 19,623 persons in jail in India, of which, 17,834 (about 4.3%) are women.
Of these, 11,916 (66.8%) are under trial prisoners. In India, an analysis of prison statistics at
five-year intervals reveals an increasing trend in the number of women prisoners – from 3.3%
of all prisoners in 2000 to 4.3% in 2015. A majority of female inmates are in the age group of
30-50 years (50.5%), followed by 18-30 years (31.3%). Of the total 1,401 prisons in India,
only 18 are exclusive for women, housing 2,985 female prisoners. Thus, a majority of women
inmates are housed in women’s enclosures of general prisons.2

Classification of Prisoners

Prisoners can be classified in the following categories:-

1. Pre-trial prisoners,

1 SECTION 1 OF THE PRISON SECURITY ACT,1992

2 WOMEN IN PRISON REPORT, 2018, MWCD AVAILABLE AT
HTTPS://PIB.GOV.IN/NEWSITE/PRINTRELEASE.ASPX?RELID=180173

4
 2. Under trail prisoners,
3. Convicted prisoners,
4. Detenues ( under preventive detention)

Meaning and Purpose of Prison

Prison (jail) is a place which is a public building mainly used to house convicted offenders
and accused persons remanded in custody and awaiting trial. In another word a place which is
used for the confinement and punishment of persons who are convicted of any crime or any
correctional institution where criminal persons are confined for punishment or while on a
trail.3 So basically prisons are used to treat a person who is a criminal for a purpose of
reformation and rehabilitation and when the behaviour of that person is transformed from bad
to good behaviour, released or freed from the imprisonment. According to the Federal Bureau
of Prison website, Prison’s main focus is to preparing inmate for their release and
reintegration in society to helping them to succeed outside the prison. This type of program
may vary according to their budget and location. These programs may include job training,
resume preparation, education certificate and contact with the community-based
organizations that basically help them released inmates reintegrate into society.

There are different kinds of prisons present in India having a different purpose as follows:-

In India, jails are comprised into 8 categories, the main standard and most common jail
institution are Central jails, district jails, and sub jails and other types of jails are women jails,
borstal schools, open jails, and special jails.4

There are many purposes for which an offender is punished as to protect society's interest, to
maintain value/ social borders, to hold people accountable, to get people to stop doing
unlawful things to avoid conflict and to solve conflicts, to rehabilitate/ treat the offender.

STATEMENT OF PROBLEM
The life of women prisoners is miserable as they face torture, sexual abuse and various other
challenges that lead to mental and physical health issues.

3 SECTION 3 OF THE PRISON ACT,1894

4 HTTPS://WWW.HUMANRIGHTSCOUNCIL.IN/INDEX.PHP/COMPONENT/K2/ITEM/166-PRISONS-IN-INDIA/166-
PRISONS-IN-INDIA

5
 LITERATURE REVIEW
The researcher has collected some reviews correlated to his research problem which are as
follows:-

 Ahuja (1967 - 68) – According to the study conducted by Ahuja where 325 female
offenders selected randomly from the prison of Madhya Pradesh, Rajasthan, and
Punjab to know the nature of the crime committed by female prisoners and the causes
behind it that compelled them to do so. In his study, he found that about 63 percent
women were convicted for the charge of murder and around 4 percent for theft, about
5 percent for excise offenses, about 4 percent for kidnapping and vagrancy, about 3
percent for causing the act of grievous hurt and 2 percent have committed some other
offenses. According to his study, the reason behind the offenses was maladjustment,
conflict related to family and between the relations, due to some poor economic
conditions and also due to some provocations and stress which was not because of
criminal tendencies. The imprisonment and release on probation were the methods
used to give punishment to them5.
 Penal Reform and Justice Association (2002) – According to study conducted the
prison of Hyderabad it was found out that the women prisoners were facing several
problems in prison and the main concern for their problems was about the future of
their dependent children which were residing with them within the prison premises.
So in the study, it was found that the children along with their mothers were suffering
the same problems as they were not getting adequate food and were also not getting
the medical facilities. They had no contact with their family members6.
 Kaushik and Sharma (2005) –conducted the study in which they included the living
conditions and consciousness of female prisoners about human rights within India.
Their study was based on our study of 150 women convicted who were imprisoned in
Jaipur central jail. The study showed that women were living in a very miserable
condition in prison and they were facing lots of challenges as unhealthy food, lack of
available proper medical health care, lacking sanitation, less number of bedding and
bathrooms and no educational means were present. The women prisoners were not
satisfied with the behaviour of police officials and with the provided facilities to the

5 AHUJA, R. (1969). FEMALE OFFENDERS IN INDIA. MEERUT. MEENAKSHI PRAKASHAN.

6 KAUSHIK, A. & SHARMA, K. (2009). HUMAN RIGHTS OF WOMEN PRISONERS IN INDIA: A CASE STUDY OF
JAIPUR CENTRAL PRISON FOR WOMEN. INDIAN JOURNAL OF GENDER STUDIES. 16(2), 253-271

6
 dependent children. The women inmate age-group of 35-36 years were mostly who
were convicted for numerous crimes such as the murder of their husbands and close
relations7.

HYPOTHESIS
The position of women in Indian prisons can be improved if the policies and
government initiatives are implemented fully and effectively.

RESEARCH QUESTIONS
1) What are the rights available to the women prisoners?
2) What are the challenges that women prisoners face in the prison system in India?
3) What initiatives have been taken by the Indian government to revamp the conditions
of women prisoners till now?

RESEARCH OBJECTIVES
 To study the rights of women prisoners in India
 To study the challenges that women prisoners face in the prison system in India.
 To examine the role of government while combating with the problems of women
prisoners

TENTATIVE CHAPTERIZATION
Chapter 1- Introduction
Chapter 2- Rights of women prisoners in India
Chapter 3- Women prisoners and the challenges they face in the prison system in India
Chapter 4- government policies and programme for women prisoners
Chapter 5- Conclusions and suggestions

7 JAISHANKAR, K. & HALDER, D. (2007). RIGHTS OF WOMEN PRISONERS IN INDIA: A LEGAL ANALYSIS. THE
INDIANJOURNAL OF CRIMINOLOGY & CRIMINALISTICS. XXVIII(2), 12-20.

7
 CHAPTER 2

RIGHTS OF WOMEN PRISONERS IN INDIA

Women as a prisoner have various rights that cannot be excluded from their basic rights and
those freedom guaranteed by the Constitution of India. The Supreme Court in the case of
Sunil Batra v. Delhi Administration8 said that whether outside the prison or inside, a person
is not be deprived of his all freedom and deprivation must be according to what is right, just
and fair. When a person imprisoned in jail his/her rights can be curtailed but these rights do
not include all rights. The court has the continuing responsibilities to ensure that the
constitutional purposes of the deprivation are not defeated by the prison administrations. Still,
they have their human rights and other basic rights. Even the most hardened criminals do
have their basic rights and these rights can be only curtailed in a lawful manner. There are
many rights that have been mentioned in the different legislations and international
documents, which are provided by the different committees appointed for prison reforms and
also by the United Nations. In Prison Act 1894, it is stated that these rights must be
incorporated. Since Prisons is a State subject under Entry 4 of the State Subjects List of the
Seventh Schedule in the Constitution of India.9

INDIAN SCENARIO

Indian constitution guarantees many rights in part III which are available to the prisoners it is
just because every prisoner in the prison is treated as a person.
1. Article 21 and 22 of the Indian Constitution, guarantees protection and safeguards
the rights of convicts, offender and under trials. The supreme court of India has
played a vital role in providing different rights of a person through many judgment
which includes right to life, the rights to live with dignity, right to education, labour
welfare, health, etc. it also highlighted other important rights in broader sense like
right to justice that also includes right to have fair and speedy trial, therefore, the
fundamental right to live a dignified secured life in India is guaranteed under Article
21.10

8 AIR 1980 SC 1579

9 VAKILBABU LAW HOUSE LTD. HTTP://WWW.VAKILBABU.COM/LAWS/SUBLIST/SLIST.HTM (LAST VISITED
NOVEMBER, 23, 2019)
10 CONSTITUTION OF INDIA,1950 “ NO PERSON SHALL BE DEPRIVED OF HIS LIFE AND LIBERTY EXCEPT ACCORDING
TO PROCEDURE ESTABLISHED BY LAW”

8
 In D. Bhuvan Mohan Patnaik v. State of Andhra Pradesh,11 it was held that even a
convicted person is also entitled to the rights under article 21. The life and liberty of that
person shall not be deprived except procedure established by the law. The government
shall not resort to oppressive measures to limit the political beliefs of the convict.
However, convict have no fundamental rights to escape from custody which is lawful.
Therefore, the installation of high voltage live wire on jail walls and posting of police
guards outsides the prison are not violated of Article 21.
Women prisoners have the right to a speedy trial. There is an undoubted right of speedy
trial of under trial prisoners, as held in a number of cases of Supreme Court. The Supreme
court of India in the case of Hussainara Khatoon v. Home Secretary, State of Biha12r,
held that speedy trial is a fundamental right implicit in the guarantee of life and personal
liberty enshrined in Article 21 of the Constitution.

2. Article 39 A of the Constitution of India, empowers the women prisoners to secure

free legal aid. It provides that the State shall secure that the operation of the legal
system promotes justice, on a basis of equal opportunity, and shall, in particular,
provide free legal aid, by suitable legislation or schemes or in any other way, to
ensure that opportunities for securing justice are not denied to any citizen by reason of
economic or other disabilities. But the question arises whether the legal aid provided
is sufficient. Every prisoner has the right to seek legal aid if needed. Just because a
person has been sentenced to imprisonment doesn’t mean his rights can be violated.13

3. Section 54 of the Code of Criminal Procedure 1973, provides for examination of

body of an arrested person by a registered medical practitioner at the request of the
arrested person in case of torture and maltreatment in lock-ups. But generally, women
prisoners are not aware of this right.

4. Section 303 of the Criminal Procedure Code, 1973, empowers the prisoners to be
defended by the leader of their choice and Section 304 of this code provides that in
certain cases legal aid is to be provided at state expense. Section 309 (1) of the
criminal procedure code provides that in every inquiry or trial, the proceedings shall

11 (1975) 3 SCC 185

12 (1980 (I) SCC 98)
13 HTTP://WOMAN & CHILD PRISONERS\'JAILS SHOULD REFORM PRISONERS' - TIMES OF INDIA.HTML ( LAST
VISTED NOV, 25, 2019)

9
 be held as expeditiously as possible. Similarly, the mere sentence does not restrict the
right to freedom of religion.

5. The Prison Act, 1894, enumerates the following provisions-

a) The search and examination of the female prisoners in the prison should be carried
out by Matron under the general or special order of the medical officers14;
b) The female prisoners have been provided a right to live separate from the male
prisoners. Section 27(1) provides a manner as to prevent their seeing or conversing or
holding any intercourse with the male prisoners. Rule 8(a) of Standard Minimum
Rules for the Treatment of Prisoners also provides for the same rights.
c) All the prisoners should have basic human rights such as hygienic food, shelter,
medical facilities and facilities of reading and writing. They must be treated with
dignity in the custody and cannot be isolated in a separate cell, except on the medical
grounds or if he/she has proven to be dangerous for the other prisoners15.
d) It is the human rights of a pregnant lady to get full facilities (medical and personal) at
the time of delivery. Women prisoners who are pregnant cannot be provided the full
facilities in the prison during the pregnancy. Hence at the time of the delivery, they
can be released on bail.

6. National Commission for Protection of Child Rights (NCPCR) , has recommended

that women in jail who are pregnant, ill or have children dependent on them should be
considered for early release on personal bonds. The guidelines prepared by NCPCR
state that while the nature of the crime cannot be overlooked, the condition of women
prisoners could be considered when they have few means and are responsible for
young children.16

UNDER INTERNATIONAL SCENARIO

Rights under different international legislation are as follows:

1. Rules under the Standard Minimum Rules for the Treatment of Prisoners states
that Rule 53(1) that in an institution for both men and women, the part of the

14 SECTION 2, SECTION 24 (3), THE PRISON ACT, 1894

15 HTTP://WOMAN&CHILD PRISONERS\RIGHTS OF PRISONERS IN INDIA.HTML( LAST VISITED NOV 23, 2019)
16 HTTP://ARTICLES.TIMESOFINDIA. INDIATIMES.COM/2008-05-23/INDIA/27771005_1_WOMEN- PRISONERS-
NCPCR-LEGAL-AID ( LAST VISITED ON NOVEMBER, 26, 2019)

10
 institution set aside for women should be under the authority of a responsible women
officer who must have the custody of the keys of all that part of the institution.
Rule 53(2) No male members of the jail staff can enter the part of the institution set
aside for women unless accompanied by a woman officer.
Rule 53(3) Women prisoners should be attended and supervised only by the women
officers. This does not, however, preclude male members of the staff, particularly
doctors and teachers, from carrying out their professional duties in the institutions or
parts of the situations set aside for women in the prisons. In the Prisons, the women’s
jail has been managed by the women staff at both the functional and supervisory
levels17.

2. Rights under U. N Charter – U.N Charter was signed on 26 June 1945, in San
Francisco, basic principles for the treatment of prisoner was proclaimed and adopted
by general assembly in 1990. Principles were as follows:-Prisoners shall be treated as
human beings with dignity which means if a person is in the prison it does not mean
that he is no more a human being. Prisoners should not be discriminated on the
ground of caste, sex, colour, language, religion, political, social origin, birth or other
status. Prisoners have every right to follow their religion and respect their religious
belief to which they belong. Prisoners have every rights for getting the highest
attainable standard of physical and mental health. All person have rights to liberty and
security of person and no person shall be subject to arbitrary arrest or detention.18

3. U. N Core Conventions and Specific Instruments:-

 Men and women shall so far as possible be detained in separate institution;
 Complete separation between civil prisoners and persons imprisoned by reason of
criminal offence, young prisoners should be kept separate from the adult prisoners;19
 All sorts of cruel inhuman degrading punishments shall be completely prohibited;
 Availability of at least one qualified Medical officer with the knowledge of
psychiatry;

17 UN SOCIAL & ECONOMIC COUNCIL ADOPTED THE REVISED STANDARD MINIMUM RULES FOR THE TREATMENT
OF PRISONERS (NELSON MANDELA RULES) IN 2015 (AVAILABLE AT:
HTTPS://WWW.UNODC.ORG/DOCUMENTS/JUSTICE-AND-PRISON-REFORM/GA-RESOLUTION/E_EBOOK.PDF)
18 INTERNATIONAL COVENANT ON ECONOMIC AND SOCIAL CULTURAL RIGHTS,
19 UN SOCIAL & ECONOMIC COUNCIL ADOPTED THE REVISED STANDARD MINIMUM RULES FOR THE TREATMENT
OF PRISONERS (NELSON MANDELA RULES) IN 2015 (AVAILABLE AT:
HTTPS://WWW.UNODC.ORG/DOCUMENTS/JUSTICE-AND-PRISON-REFORM/GA-RESOLUTION/E_EBOOK.PDF).

11
  Convention against torture and other cruel, inhuman or degrading treatment or
punishment;
 State party has to take effective legislative, judicial and other measures to prevent acts
of torture;
 No state party shall expel, return or extradite a person who is in danger of being
subjected to torture;
 Prisoners have the right to undertake meaningful remunerated employment that will
facilitate their reintegration into the country; and
 Access to health services and these principles shall be applied impartially without
discrimination on the ground of their legal situation.

4. UN RULES FOR THE TREATMENT OF WOMEN PRISONERS AND NON-

CUSTODIAL MEASURES FOR WOMEN OFFENDERS, 2010. (The Bangkok
Rules)
The Bangkok Rules72 contains a set of 70 rules addressing the specific needs of women in
the criminal justice system and in prisons. These are considered issues that did not receive
sufficient attention in the Standard Minimum Rules for the Treatment of Prisoners adopted in
1955 and the Tokyo Rules, adopted in 1990. The number of women imprisoned has increased
significantly in some countries, and at a greater rate than for men. The majority of such
women usually come from socially disadvantaged communities and groups. The rules has
prominent relevance for the women and children, various rules can be seen such as Pregnant
or breastfeeding women prisoners shall receive advice on their health and diet under a
program drawn up and monitored by a qualified health practitioner. Adequate and timely
food, a healthy environment and regular exercise opportunities shall be provided free of
charge for pregnant women, babies, children and breastfeeding mothers.

5. YOGYAKARTA PRINCIPLES, 2007

The Yogyakarta Principles are a set of principles on the application of international human
rights law in relation to sexual orientation and gender identity. The Principles affirm binding
international legal standards with which all States must comply. According to the principles,
Everyone, regardless of sexual orientation, gender identity, gender expression or sex
characteristics, has the right to State protection from violence, discrimination and other harm,
whether by government officials or by any individual or group.

12
 6. THE REVISED UNITED NATIONS STANDARD MINIMUM RULES FOR
THE TREATMENT OF PRISONERS, 2015. (Nelson Mandela Rules)

The revised UN Standard Minimum Rules for the Treatment of Prisoners were adopted
unanimously in December 2015 by the UN General Assembly21 and set out the minimum
standards for good prison management, including to ensure the rights of prisoners are
respected. The Nelson Mandela Rules are not entirely new, but an updated version of the
1955 Standard Minimum Rules for the Treatment of Prisoners. For women prisoners, the
rules provide that there shall be special accommodation for all necessary pre-natal and post-
natal care and treatment. Indefinite and prolonged solitary confinement of more than 15 days
is prohibited entirely for pregnant or breastfeeding women, any use of solitary confinement is
prohibited.

13
 CHAPTER 3

PROBLEMS OF WOMEN PRISONERS IN PRISON

SYSTEM IN INDIA
The conditions of Indian prisons are continued to be very bad, dehumanizing and violative of
the residuary rights of the inmates. Over a long period, Prisons have become a place with
inhumane and even cruel conditions for the prisoners. State institutions are not actively
supervising and visiting on a daily basis and such institutions have become a mere formality.
Besides numerous recommendatory bodies and judiciary, these recommendations has not
seen the lights of the day.

There is an international agreement that the condition of prisoners, particularly women

prisoners is miserable and in need of urgent improvement. The Bangkok Rules, or formally,
"The United Nations Rules for the Treatment of Women Prisoners and Non-custodial
Measures for Women Offenders “or the seventy Rules as it is frequently known, is the first
set of rules tailored to the treatment of women prisoners adopted by the United Nations
General Assembly on 22 December 2010. It supplements existing international standards on
the treatment of prisoners, particularly the Standard Minimum Rules for the Treatment of
Prisoners, which applies to all prisoners regardless of gender.20 According to the report 2016
of NCRB( National Crime Record Bureau, there are 1412 prisons in India, only 20 women
jails are present with total capacity of 3,80,258 inmates but the number of prisoners lodged in
various jails has increased from 4, 19,623 in 2015 to 4,50,696 in 2017. There is increase of
7.4 percent during this period. The number of unnatural death in prisons has increased by
15.7 percent from 2015 to 2017.21 There are certain challenges that faced by women
prisoners:-

 PRISON STAFF

There is a huge shortage of well-trained staff in almost every jail of the county, The
National Model Prison Manual 2016 (henceforth referred to as the ‘National Prison

20 UN GENERAL ASSEMBLY ADOPTED RULES FOR THE TREATMENT OF WOMEN PRISONERS AND NON-
CUSTODIAL MEASURES FOR WOMEN OFFENDERS (THE BANGKOK RULES) IN 2010 (AVAILABLE AT:
HTTPS://WWW.UNODC.ORG/DOCUMENTS/JUSTICE-AND-PRISONREFORM/BANGKOK_RULES_ENG_22032015.PDF)
21 PRISON STATISTICS INDIA 2016, HTTP://NCRB.GOV.IN/STATPUBLICATIONS/PSI/PRISON2016/FULL/PSI-2017-
%2018-11-2016.PDF

14
 Manual’) recognizes in principle that there should be one guarding staff for every six
prisoners. Further, each prison is meant to have executive staff, medical, welfare,
educational and other personnel to ensure proper functioning of the institution. As of
2015, the total number of women jail officers/staff was 4,391, which is only 8.28% of the
total.22 It was also noted that there is scarcity of the female officers at supervisory level.
The National Prison Manual 2016 prescribes that there must be appointment of one lady
DIG for the prison headquarters who will look after women prisons, prisoners and staff in
the State. In 2017, the supreme court of India found that there is huge shortage of staff in
almost every jail and also directed all state and union territories to take all possible step to
fill up these vacancies.23 NHRC also visited 100 jails where it found that particularly in
smaller district prisons there was a lack of staff and exclusive women prisons, full-time
lady doctors, skilled female prison officers, and pediatricians are in demand. The lack of
staff shows that male staff often becomes responsible for female inmates that is not
desirable. Therefore hiring female staff should be made a priority.

 ACCOMMODATION

The National Prions Manual has prescribed a specific size for cells and barracks in
prisons. There must be dormitories to house only four to six prisoners each. Those
Prisoners who are in need of privacy for the purpose are to be provided with single
occupancy rooms. Those prisoners who are more violent and concerns about the
contagious disease may be kept in segregated cells. Adequate heating and cooling
facilities along with washrooms and laundries must be provided. Every inmate must
separate secure storage compartments for their personal belongings. But in reality, the
prisons in India are overcrowded and inmates' housing are inappropriate as the housing
capacity has been exceeded from the specified capacity. The national average occupancy
was reported at 114.4% in 2015. States/UTs such as Dadra and Nagar Haveli,
Chhattisgarh and Delhi have reported the status of overcrowding in prisons as high as
276.7%, 233.9%, and 226.9% respectively.24 Overcrowding ultimately shows that lack of
space for prisoners and increasing pressure on existing limited facilities available. The
problem of overcrowding becomes more pronounced in the case of women prisoners due
to the lack of proper infrastructure for them. Women prisoners in India do not even have

22 PRISON STATISTICS INDIA 2015, NCRB

23 RE - INHUMAN CONDITIONS IN 1382 PRISONS, AIR 2016. SC 993
24 PRISON STATISTICS INDIA 2015, NCRB, AVAILABLE ON:

15
 proper accommodation or recreation. Basic facilities are lacking for the women and their
children. Women prisoners are also visibly scared of the prison staff. There is scope for
vast improvement, on all levels, particularly in the attitude of the prison staff that need to
learn to respect the human rights of women prisoners.25

 HYGIENE & SANITATION

Most of the jails are not having compulsory and basic facilities of hygiene and sanitation.
Problem of accommodation can also worsen hygiene conditions and health problems.
Even a minor infectious disease may spread quickly. Low numbers of available toilets
and bathrooms worsen the situation. Most of the prisoners get severe psychological
effects while living in those close quarters. Women prisons are lacking clean and
sufficient water in their toilets. In many cases, it is often found that women themselves
are made to clean their toilets, barrack, and bathroom. Though every state’s prison
manual provides that the women prisoners must be given a minimum number of clothes
and undergarments as per climatic condition and to maintain their basic standard of
hygiene but in reality, they are only provided with limited clothes and do not get an
opportunity to wash these clothes on regular basis. Though the large majority of female
prisoners fall in the menstruating age between 18 to 50 years they are not provided with
the sterilized sanitary napkins as per their requirement and most of the time they are only
provided with limited menstrual hygiene product irrespective of need. Due to which
women are forced to use unhygienic materials such as ash, piece of old mattresses,
newspaper and cloth, etc.

 HEALTH

Women prisoners have right to health that includes accessible and acceptable healthcare
and good quality medical facilities. But in reality there are no separate hospitals for them.
There is hardly any health screening available in the prison including tests to determine
blood-borne diseases, mental health concerns, and the presence of sexually transmitted
diseases. No special care is given to the elderly prisoners, drugs addicted prisoners. As
many of them enter prison with pre-existing physical and psychological conditions. These
problems require intervention from the very beginning. There is low availability of lady
Medical Officers to deal with health-related issues for women prisoners. While there is a
need to hire full-time lady doctors, in cases where there is a lack of medical staff, prison

25 HTTP://IJG.SAGEPUB.COM/CONTENT/16/2/253 (LAST VISITED NOVEMBER, 28, 2019)

16
 administration can create linkages with local government doctors, gynaecologists,
psychologists, ANMs, etc. Further, the prison staff must undergo mandatory training in
gender-specific needs of women, first aid and basic medicine to tackle emergencies and
minor issues effectively.26 This can at least ensure that the basic needs of women in
prison are met on a temporary basis. Women prisoners needing treatment for mental
diseases are kept with other prisoners without admitting in separate mental health
hospitals. According to the report of 201527 a total of 51 women prisoners died of which
48 death were natural and 3 death occurs due to committing suicide. The number of
deaths in prisons has increased marginally from 1,584 in 2015 to 1,671 in 2017, out of
which 1,494 were natural and 133 unnatural.

 FOOD AND NUTRITION

Good health needs good nutrition. Women prisoners suffer problems of malnutrition. The
quality and quantity of food available in a prison have a major influence on the quality of
a prisoner’s life. The availability of safe and healthy food is essential in maintaining and
improving prisoners’ health. Supporting and ensuring a safe and healthy food supply in
prison will help to prevent diet-related diseases and promote better overall health of
prisoners.28 Adequate nutrition should be considered one of the prisoners’ basic human
rights, especially as many have poor health. Healthy, nutritious meals will enable them to
take their medication properly and prevent the development of life-threatening infections
such as HIV/AIDS and tuberculosis. Also, vulnerable population groups in prisons – such
as pregnant and breastfeeding women, substance users, teenagers, and elderly people –
have specific dietary requirements. The calorie intake and the variety of food is not
according to the prison manual. Most of the time they are forced to eat unhealthy food.
However, visits to prisons have revealed that differential calorie definition for women and
men is often used as a justification to provide women prisoners with much less food than
men prisoners. The quality of food is reported to be largely adequate in most prisons, but
there are reports of unhygienic conditions of kitchens and dining areas. In reviewing the
implementation of the Mulla Committee Recommendations, the Ministry of Home

26HTTP://MHA1.NIC.IN/PRISONREFORMS/PDF/MULLA%20COMMITTEE%20IMPLEMENTATION%20OF%20RECOMM
ENDATIONS%20- VOL%20I.PDF
27 PRISON STATISTICS INDIA 2015, NCRB
28 WHO, HTTP://WWW.EURO.WHO.INT/EN/HEALTH-TOPICS/HEALTH-DETERMINANTS/PRISONS-AND-
HEALTH/FOCUS-AREAS/NUTRITION

17
 Affairs observed that dining spaces are often considered the most neglected areas in
prison.29

 EDUCATION

Basic education is not universally available to women prisoners. Access to higher levels
of education is almost entirely missing in Indian prisons. Most of the prisons are without
library and even in a case where libraries exist in jail, they are not accessible to women
inmates. There is no prison education policy implementation can be seen in reality.
Though education can be an important factor to help women re-integrate successfully
after release. Prisons of India do not provide any educational facilities to women inmates.
Most of the women prisoners are also mothers and their children are staying with them in
the prison but the prison is not a place for healthy growth of a child. Prison environment
affects the growth, survival and development of the children. Children who stay with their
mothers in prisons are denied their basic rights to pre-school education.30

 VIOLENCE

The process of searching female prisoners at the time of admission is to be carried out
with due regard to decency in a private space by a female staff member. However, there
are a number of reports where female prisoners have reported being humiliated or
violated during this process by both prisoners and prison authorities. Incidence of
violence including sexual violence by inmates and authorities has been reported from
across the country. However, official reports remain underestimated due to fear in
prisoners of retaliation as they are forced to stay in the same place as their perpetrators.
Sexual assault to the women prisoners is also a major problem which they are facing.
There are horror stories about the torture in custody to the women prisoners. Asian Centre
for Human Rights (ACHR) stated that custodial rape remains one of the worst forms of
torture perpetrated on women by law enforcement personnel and a number of custodial
rapes of women take place at regular intervals. The NHRC recorded 39 cases of rape from
judicial and police custody from 2006 to 28 February 2010.Citing the case of Maloti
Kalandi, wife of Badal Kalandi who along with children was rescued from being
trafficked, was handed over to the Tamulpur police station, Baksa district of Assam for
safe custody. Instead of providing safety, Sub-Inspector Sahidur Rahman summoned the

29HTTP://MHA1.NIC.IN/PRISONREFORMS/PDF/MULLA%20COMMITTEE%20IMPLEMENTATION%20OF%20RECOMM
ENDATIONS%20- VOL%20I.PDF
30 HTTP://EDITION.MYJOYONLINE.COM/PAGES/NEWS/200705/5199.PHP (LAST VISITED NOVEMBER, 28, 2019)

18
 victim to his official quarter and raped her.31 A few women who served prison terms have
alleged torture and inhuman treatment within the prisons across Tamil Nadu. They say
that they were stripped naked and abused verbally and physically and not provided even
basic facilities. A Tihar Jail’s woman prisoner, facing trial in cases of cheating and
forgery, has accused the jail warden of torturing her with the help of HIV positive woman
inmate for extorting money from her. She alleged that she was beaten up for an hour in
front of the deputy superintendent and the jail staff who remained mute spectators.32
Women prisoners are not safe in lock ups. Ms. Saradha was brought to Special Prison for
Women, Vellore, Tamil Nadu, as a remand prisoner having been remanded by the
Judicial Magistrate. She was undressed totally and dragged nude for quite some time till
they reached the entrance of her cell and was put in solitary confinement and she was
never given back her clothes and no official in the prison bothered about her. In return she
was awarded Rs.50000. custodial violence and resultant death further held as
unconstitutional in Smt. Nilabati Behra v. State of Orissa.33

 CONTACT WITH THE OUTSIDE WORLD

Women prisoner face difficulty when it comes to contact with the outside world as while
serving the sentence of imprisonment becomes so severe that female inmates do not want
to receive visits or phone calls very frequently. Further, due to the low number of prisons
equipped to house female prisoners, they are often sent away to jails at long distances
from their homes, making visits even more difficult. Jail visits by NHRC and the National
Commission for Women reveal that many prisons do not have waiting rooms and visiting
facilities or they are too small and noisy, thus further hampering this right of prisoners.
While in jail, communication with outside world gets snapped with a result that the
inmate does not know what is happening even to his near and dear ones. This causes
additional trauma.34 There are sometimes no separate visiting rooms for women. The large
numbers of male prisoners dominate the general waiting rooms, where female inmates
often feel vulnerable. Women are not considered on priority for housing in open jails and
lower security facilities where interaction with the outside world is much easier. The
Hon’ble Supreme Court has reaffirmed the rights of prisoners to maintain contact with the

31 HTTP://WWW.PANTHIC.ORG/ARTICLES/5394 ( LAST VISITED ON NOVEMBER 28, 2019)

32 HTTP://ARTICLES.TIMESOFINDIA.INDIATIMES.COM/2012-04-22/DELHI/31381841_1_JAIL-WARDEN-TIHAR-JAIL-
JAIL-STAFF ( LAST VISITED ( NOVEMBER, 28, 2019)
33 1993 2 SCC 746
34 RAMA MURTHY VS STATE OF KARNATAKA, AIR 1997 SC 1739

19
 outside world. As early in 1979, it stated, “visits to prisoners by family and friends are a
solace in insulation, and only a dehumanized system can derive vicarious delight in
depriving prison inmates of this humane amenity.35

 CHILDREN OF WOMEN PRISONERS

Children up to the age of six years are allowed to live with their mothers in prison if no
other arrangements for their care can be made. This age limit varies from State to State.
As on last count, a total of 1,597 women inmates are living in prison with their 1,866
children.36 The prison staffs are lacking awareness on child development and basic
training on the health care of children that should be provided to prison staff in order for
them to respond appropriately in times of need and emergency. There is a prescribed diet
for children, which is to be followed strictly and mothers are to be provided with diapers
and other articles needed for the care of their child. In reality it is not followed. As per a
BPR&D report in 200930, proper facilities for biological, psychological, social growth of
the child, and recreational facilities are not available in every prison. NHRC jail visits
reveal that in many cases, other than a glass of milk, an adequate special diet for children
is not always provided. When the children of women prisoners spend their formative
years in prison, have a severe negative impact on the entire live.

 RE-INTEGRATION IN SOCIETY AFTER RELEASE

This is the biggest challenge which every women prisoners face after her release from the
prison. In case of men they somehow manage by shifting them from one place to another
and most of the children of prisoner refuse to accept them. When they want to go back to
society the entire situation changed and the acceptance is very less. The psychological
and physical effect of spending arduous time in jail, coupled with the social stigma
attached to women prisoners makes it extremely hard for female inmates to re-integrate
themselves in society on release. Family ties are often lost and economic independence is
a major hurdle. After going through this trauma some women commits suicide or some of
them never go back to their society. Let’s take an example of a prisoner who is a married
women her husband will remarry or he will not wait for her and ultimately refuse to
accept her. Then in that scenario the women will not be left with any choice so she might
enter into prostitution. As per the National Prison Manual, to avoid this type of incident,

35 SUNIL BATRA VS. DELHI ADMINISTRATION, 1980 SCC (3) 488

36 PRISON STATISTICS INDIA 2015, NCRB

20
 sufficient advance notice is to be given to family/friends on release of female prisoners.
The Mulla Committee recommends that in order to avoid the stigma of imprisonment, the
female escort accompanying the woman must be dressed in ordinary clothes.

 SEXUAL ABUSE OF WOMEN AND LGBT PRISONERS

Sexual assaults in prison were increasingly common in 2011, sexual assault claims were
8,768, but 4 years later in 2015 they rose to 24,661. The data does not identify the victims
nor perpetrators sexuality, but the increase in assault claims and increase in cases with
evidence suggests that there is an increase in assaults against LGBT individuals.37 LGBT
individuals are often subject to physical violence when they attempt to resist sexual abuse
or sexual degradation, and can be targeted due to perceived femininity as well as if their
sexual orientation is known. These individuals can be targeted because of their sexuality
and attitudes towards LGBT people. In some instances, LGBT prisoners who are outed
have been punished for attempting to repel an alleged aggressor, sometimes ending up
in solitary confinement. There is no law in India which talks about the rights and
protection of the LGBT prisoners. But some of the countries like have incorporated
Yogyakarta principles in their legislations. Yogyakarta Principles on the Application of
International Law in Relation to Issues of Sexual Orientation and Gender Identity.
Supreme Court of India has directed to incorporate the principles of Yogyakarta in Indian
statute. The principles also map out a positive road to full equality for lesbian, gay,
bisexual, and transgender people around the world. Each principle is accompanied by
detailed recommendations to states on how to end discrimination and abuse. The
principles also call for action from the UN’s human rights system, national human rights
institutions, the media, nongovernmental organizations, and others.

Yogyakarta principle provides safeguard to LGBT community and provide certain

principles which are enumerated below-

1. Rape and other forms of gender-based violence;

2. Extrajudicial executions;
3. Torture, other forms of cruel, inhuman, and degrading treatment and Medical abuses;
4. Repression of free speech and assembly; and

37 BUREAU OF JUSTICE STATISTICS (BJS) - SEXUAL VICTIMIZATION REPORTED BY ADULT CORRECTIONAL

AUTHORITIES, 2012-15 AVAILABLE AT HTTPS://WWW.BJS.GOV/INDEX.CFM?TY=PBDETAIL&IID=6326 ( LAST
VISITED ON NOVEMBER, 28, 2019)

21
 5. Discrimination in work, health, education, housing, access to justice, and
immigration.

 INACCESSIBILITY OF LEGAL SERVICES

Women prisoners are not getting satisfactory legal aid in the prisons. Inaccessibility of
legal services is a major problem which needs to be resolved. Final Annual Report 2008-
2009 of National Human Rights Commission provides that in most of the jails visited in
india, there is need to strengthen the legal aid system so that the qualified lawyers are
provided to all those who cannot afford their services. Unawareness about the law and
procedure amongst the women prisoners is also a major problem. According to “Progress
of the World’s Women” a report by the Assistant Secretary General of United Nation
Women, uneducated women have lack of awareness about the judicial system and their
rights.38 Women, due to their ignorance, are not even getting the benefit of proviso to
Section 437 Cr.P.C, according to which they may be released on bail even in non-bailable
cases. Bail, in non-bailable offences, is not a matter of right of the accused person.
Section 437 of the Code of Criminal Procedure39 envisages the provision as regards bail
in case of non-bailable offences, which may or may not be granted depending on the
discretion of the court. But proviso to this provision exempts women, and empowers
court to grant bail to a woman irrespective of the gravity of the crime.40

38 HTTP://PLANNINGCOMMISSION.GOV.IN/REPORTS/SEREPORT/SER/STDY_JAILWM.PDFTHE-DEPLORABLE-
CONDITION-OF-WOMEN-PRISONERS-IN-INDIA/ (LAST VISITED NOVEMBER, 29, 2019)
39 SECTION 437, PROVISO (I) OF THE CR.P.C. STATES THAT “PROVIDED THAT THE COURT MAY DIRECT THAT A
PERSON REFERRED TO IN CLAUSE (I) OR CLAUSE (II) BE RELEASED ON BAIL IT SUCH PERSON IS UNDER THE AGE OF
SIXTEEN YEARS OR IS A WOMAN OR IS SICK OR INFIRM.”
40 HTTP://LEGALJUNCTION.BLOGSPOT.IN/2011/11/PROVISO-TO-SECTION-4371-OF-CRPC-IS-BAIL.HTML ( LAST
VISITED NOVEMBER, 29, 2019)

22
 CHAPTER 4

GOVERNMENT PROGRAMS FOR WOMEN

PRISONERS
The administration of the prisons in India is covered by item 4 under the State List in the
Seventh Schedule of the Constitution of India, All issues that are related to prisons,
reformatories, borstal institutions and other institutions and persons detained therein comes
under the State list, every arrangements can be made with other States for the use of prisons
and other institutions as it comes under the domain of State Governments.
Though there are several numbers of provisions, rules, and guidelines that talk about
protection for women from exploitation inside the prison and also provide assurance for basic
services and their needs. Despite these provisions, women are facing a variety of problems in
prisons. Implementation of these guidelines and regulation are just a piece of paper work.

The rules of incarceration are determined under the following laws:

 Code of Criminal Procedure, 1973
 Exchange of Prisoner’s Act, 1948
 Identification of Prisoner’s Act, 1920
 Indian Penal Code, 1860
 Model Prison Manual, 2003
 Model Prison Manual, 2016
 Prison Act, 1894
 Prisoner (Attendance in Court) Act, 1955
 Prisoner’s Act, 1900
 Probation of Offenders Act, 1958
 Repatriation of Prisoner’s Act, 2003
 Transfer of Prisoner’s Act, 1950
While the number of progressive rules incorporated for the welfare and fair treatment of
women prisoners but it never came into existence. Women inmates face issues such as
inadequate and cramped accommodations, low levels of sanitation and hygiene, insufficient
female staff, social exclusion and abuse, mental and physical health, violence and sexual
abuse in the prison, education and food problems. Some of the problems arise after leaving

23
prison. To reduce and to eliminate the problems of women prisoners, there are lots of reports,
recommendations, commissions and establishments are already working.

1. The Ministry of Women and Child Development (MWCD) Report on- ‘Women
in Prisons’, (2015)

The Ministry of Women and Child Development (MWCD) has come up with its report titled
‘Women in Prisons’ which aims to build an understanding of the various entitlements of
women in prisons, the various issues faced by them and possible methods for resolution of
the same. The report contains a comprehensive list of 134 recommendations for improving
the lives of women under incarceration, addressing a wide range of issues pertaining to
pregnancy and childbirth in prison, mental health, legal aid, reintegration in society and their
caregiving responsibilities among others. Various changes in the National Model Prison
Manual 2016 have also been suggested to bring it in line with international standards and
norms.

The extracts of the report:

1. The report covers a wide range of issues that women face in prisons, and is inclusive
of the needs of the elderly and the disabled. The report not only considers the needs of
pregnant women, but also those who have recently given birth but whose children are
not with them in prison, those who have miscarried, or those who have recently
undergone abortion.41
2. The report suggests that prior to their imprisonment, women with care-giving
responsibilities must be allowed to make arrangements for their children, and a
reasonable suspension of detention may also be provided for this purpose. In case
there are no family/friends where the child (above 6 years of age) can be left, he must
be placed in a Child Care Institution. To address the problems of loss of ties with the
child, the report encourages greater links of the child with the mother throughout her
incarceration through extended visits and frequent meetings.
3. The report proposes that bail should be granted to those under-trial women who have
spent one-third of their maximum possible sentence in detention, by making necessary

41 REPORT ON ‘WOMEN IN PRISONS’ LAUNCHED BY THE MINISTRY OF WOMEN AND CHILD DEVELOPMENT.
REPORT ON ‘WOMEN IN PRISONS’ LAUNCHED BY THE MINISTRY OF WOMEN AND CHILD DEVELOPMENT.
AVAILABLE AT HTTPS://PIB.GOV.IN/NEWSITE/PRINTRELEASE.ASPX?RELID=180173

24
 changes in Section 436A of the Cr.P.C, 1973, which provides for release after half of
the maximum sentence has been served. The report also recommends that a maximum
time frame may be decided for release of women prisoners after bail is granted but
surety is not produced. This would ensure that poor or financially dependent women
are not left to languish in prisons.
4. Considering the needs of women in their post-natal stages, the report recommends
a separate accommodation for mothers in post-natal stage to maintain hygiene and
protect the infant from contagion, for at least a year after childbirth. Apart from the
needs of pregnant and lactating women, the report has also suggested that special
provisions relating to health and nutrition be made for women who have recently
given birth outside prison, or who have undergone abortion or miscarriage. The report
recommends that instruments of restraint, punishment by close confinement or
disciplinary segregation should never be used on pregnant and lactating women. The
report also suggests that pregnant women must be given information and access to
abortion during incarceration, to the extent permissible by law.
5. To make legal aid more effective, the report suggests that legal consultations must be
conducted in confidentiality and without censorship. For persons with language
barriers or sensory disabilities, adequate arrangements must be made by the prison
administration to ensure that such persons do not face any disadvantage by providing
an independent interpreter.
6. Re-integration of women in society is a grave problem, due to the stigma attached to
incarceration. In the study conducted by MWCD, it was found that in many cases,
women were abandoned by their families and were left to fend for themselves after
their release. The report proposes a comprehensive after-care programme to be put in
place, covering employment, financial support, regaining of child custody, shelter,
counselling, continuity of health care services etc. Counselling should also be
provided to family members and employers to adequately receive the woman after
release.
7. The report also recommends that prison authorities should coordinate with local
police to ensure released prisoners are not harassed by them due to the attached
stigma. At least one voluntary organisation should be designated in each district to
help with integration of released prisoners. Prisoners must also be given the right to

25
 vote, so as not to disconnect them from the larger political process and to enable them
to become equal citizens of a democracy.
8. The grievance redressal mechanism in prisons was found to be inadequate, with scope
for abuse and retaliation. Thus, a need for a more robust grievance redressal
system was felt. The report therefore recommends that apart from the prisoner herself,
her legal adviser or family members should be allowed to make complaints regarding
her stay in prison. An inmate register can also be placed at an accessible spot in the
prison for submitting grievances. All official visitors must hold special one-on-one
interviews with prisoners away from prison authorities during inspection visits.
9. Keeping in mind the mental needs of prisoners it has been recommended that inmates
should have access to female counsellors/psychologists at least on a weekly basis or
as frequently as needed by them.
10. It is widely known that women in prisons face greater hardships than their male
counterparts due to many factors such as social stigma, financial dependence on their
families or husbands etc. These difficulties are further exacerbated when the woman
has children. In the study conducted for the purpose of this report, it was found that
women have to face numerous problems in prisons owing to inadequacy of female
staff which often translates to the reality that male staff becomes responsible for
female inmates, which is undesirable. It was also found that women were not
provided with meals that are nutritious and according to their bodily requirements.
Apart from these issues, women are at a most disadvantageous position when it comes
to their reintegration in society after release. Many are abandoned or harassed post-
release, mainly due to the stigma attached with incarceration, which is even more
pronounced in cases of women. Further, women tend to lose ties with their children
over the years, due to inadequate child custody procedures. Also, a robust grievance
redressal mechanism was required to tackle cases of sexual harassment, violence and
abuse against women in jails.

2. The Bhopal Workshop Report on Prison and Human Rights Commonwealth

Human Rights Initiative (CHRI), 1998

This report throws significant light on prison life of individual, experience of the visitors
and the wives of the male prisoners. This workshop not only heard the lawyers,
academicians, activist and judges but also considered the experience of the former prison

26
 inmates who are released. According to the workshop the main problems was
overcrowding nd internal corruptions inside the prison. There was absence of proper
medical care by women doctors and health care personalities and proper legal aid to
women inmates. Most of the female inmates came from very low social and economic
background with low literacy, majority of them land in prison due to their futile ways to
escape from repressive environment of their marital homes, brothels and criminal gangs
where they are abused hugely, as such none of the were aware about the benefits of
section 437 of the CrP.C.42 this work shop also emphasized the failure of Mulla
committee report according to which stressed on availability of lady doctors in prisons
with capacity of 25 or more women.

MADHYA PRADESH GOVERNMENT INITIATIVES

Through the Women Policies made by Government of Madhya Pradesh, in association with
Ministry of Women and Child Development, the followings acts were undertaken:-

 Industrial and Vocational Training for Rehabilitation Of Women-The women in

prisons are being given small scale cottage industrial training. In central jail, Bhopal
under vocational training, women are being given 1 year special training for
manufacturing incense sticks and embroidery.

 Daily Remuneration For Skilled & Unskilled Women Prisoners- A daily

remuneration of Rs 110/- for half a day work is provided to skilled women prisoners
and Rs. 62/- for half day work to unskilled women prisoners.

 Education For women prisoners- In the state jails, women prisoners are provided with
the opportunity to study right from primary to post graduation.

 Special remit for women prisoners- For imprisoned women prisoners confined in state
jails, six days' pardon is being given every month on good conduct and on completion
of the work given, as well as on the good conduct throughout the year.

42 SUPRA NOTE 38

27
 CHAPTER 5

CONCLUSION AND SUGGESTIONS

 CONCLUSION

The human rights and basic needs of women prisoners have not been given due importance in the
Indian Prison System. There are some isolated examples of reforms for the female inmates; however,
it needs due attention and proper care. Today the number of women prisoners are increasing and to
accommodate women prisoners the prisons are very few (20 women prison till 2016).

There are a number of statutes, enactments and guidelines which advocate for separate institutions for
the women inmates. However, women jails have not been constructed to accommodate all the women
prisoners of India. There is an overburden of jails today due to under-trail prisoners, a step shall be
taken to reduce the number of under-trail women prisoner so as to reduce the burden of prisons. Lok
Adalats should be organised frequently. Fast track courts should be established to reduce the
burden of under-trial prisoners over jails.

Women inmates are not satisfied with the healthcare and medical facilities. There is no permanent
female doctors in this jail and the women inmates are fully dependant on the visiting female doctor
from the local civil hospital. Sanitary napkins are not provided to the young women which is a basic
human requirement. Mulla Committee had recommended the appointment of full time lady
medical officer in case women prison contains 25 or more women prisoners and in case of
fewer women prisoner’s lady medical officer should be appointed on part time basis.

The condition of women inmates having children is a subject of major concern. Despite specific
instructions of the Supreme Court of India in RD Upadhyay v. State of Andhra Pradesh and others43
the conditions of child bearing mothers have not improved in general.

Most of the women prisoners are not aware about the complexity of judicial process. Legal
awareness programmes should be launched on war footing in the jails so that women
prisoners should be made aware of their legal rights and about the complexity of judicial
process.

The Prison Act 1894 which regulates the prison administration is too old and it requires to be
substantially amended in the present scenario. For the purpose of visitors, panels of visitors

43 1999 4 SCC 437

28
should be appointed on a permanent basis to all prisons as recommended and emphasised by
National Expert Committee on women prisoners and apex court in various observations.

The goal or aim behind awarding the punishment to the women offenders should be the
reformation and the rehabilitation of women prisoners and for achieving this goal the jail
manuals should be prepared in consideration with minimum standard of human rights.
Vocational training for the women inmates is required for their overall development.

National Human Rights Commission of India has expressed dissatisfaction over the
conditions of women in the jails and has directed that prison conditions should be made more
humane for the women44

Kiran Bedi has also expressed that women prisoners were subjected to the most humiliating
experiences, which robbed them of what little dignity and self-respect they reached the prison
with.45

 SUGGESTIONS
1. There should be separate institutions for the women prisoners and they should not be lodged
in the male-dominated Central and District jails.
2. There should be separate kitchen, canteen and hospital for the women prisoners as long they
are lodged in the common jails.
3. The provisions of chapter 24 of the Model Prison Manual (2003) are required to be
implemented in letter and spirit. The guidelines given by the Supreme Court of India in RD
Upadhyay vs. State of Andhra Pradesh and Others should be enforced to safeguard the rights
of women inmates.
4. Arrangements should be made to ensure child birth outside the prison and also to provide
sufficient facilities to the women prisoners accompanied by children. There should be one
female doctor for every 100 women inmates.
5. For the purpose Sanitary napkins, the prison authority must take steps, so that women
prisoners themselves can produce lost cost organic napkins. This will ensure their earning in
the prison as well as meeting their own requirement for sanitary pads.
6. In order to improve the state of sanitation in prisons, strict implementation of state prison
manuals is required along with regular and genuine inspections. Prison administrations can
consider creating linkages with local Swachh Bharat initiatives to facilitate the construction of
more toilets and repair as per accepted hygiene standards.

44 D.O. NO. 10/19/2005-PRP&P, DECEMBER 5, 2006

45 PARMESH DANGWAL: I DARE! KIRAN BEDI A BIOGRAPHY, USB PUBLISHERS’ DISTRIBUTORS LTD, NEW
DELHI, 1995

29
7. To maintain proper food standards, there shall be an appointment of food inspector who shall
file its report to state human right commission. The inspector shall also make surprise visit to
check the quality of food.
8. Anonymous feedback mechanism shall be established so that the women prisoners
can report the shortcomings of the prison system.
9. Training programmes shall be given to the prison staff to deal with modern problems
of prisoners and prison. It should also be ensured that such training sensitises them
with Human Rights.
10. The Yogyakarta principle shall be incorporated into Indian legislations.
11. Basic computer learning programmes shall be given to incorporate basic computer
knowledge so that the prisons can have variety of employment opportunity post-
release.
12. Since the jails of India were constructed during pre-1990s period, there is a need to
renovate/restructure the infrastructure of the prison in order to facilitate the better
accommodation, kitchens, washroom.

30
 BIBLIOGRAPHY
Adoption

Footnote correction

Index pg no.

Books referred

 V
 G
 T

Article referred

 T
 T
 G

Statute referred

 R
 T
 F

Report referred

 y

Website referred

 T
 F
 T

31
32