PROFORMA

Suggested Changes in Prison Act 1894Chapter

Sr.n Section/ Existing Amendments (addition/ deletion) Requirement / Re
o. proposed rules justification mar
section ks
Women Prisoner

62. N.A. in Separate Accommodation for Women Prisoner:-

NHRC prison
draft. act 1894
(1) The Government shall establish such number of Prisons
for women prisoners as it may, from time to time,
consider necessary to accommodated women prisoners.
In a prison containing women as well as male prisoners,
the women prisoners shall be kept in separate building or
separate part of the same building, with a separate
entrance, in such a manner that they cannot be seen and
contacted by any male prisoner.

(2) Woman prisoner shall be allocated, to the extent possible,

to prison close to her home or place of social
rehabilitation, taking account of their caring responsibilities.
Classification Model
(addition)
 Prison Manual 2016

(3) Women prisoners shall be classified and kept separately

as under,

a. Under-trial prisoners, civil prisoners and detenues shall

be kept completely separated from convicted offenders.
b. Prostitutes and brothel keepers must also be confined
separately. (addition)

The Bangkok rules rule

Special Needs:- (1) Women prisoners shall be kept in
no 5
conditions and provided with such facilities that meet their
gender specific needs, including sanitary napkins provided free
of charge and a regular supply of water to be made available
for the personal care of children and women (addition) and
which also facilitate their successful rehabilitation after release
from prison.

(2) There shall be woman medical officer and staffs in women

prisons to provide for medical & health needs.
63. Identification of prisoner and entry of male staff
NHRC into female ward (delete ) :- restriction on women
draft
prisoners :-

(1) A female Police Officer may, on the orders of a court, for

identification, take the biometric identification, foot-prints,
finger impressions, photographs or measurement of a
woman prisoner in the presence of a female prison official.

(2) When woman prisoner is confined to a cell, the key of the

cell shall be in the custody of the female prison official
who shall be within hearing distance of the woman
prisoner as far as practicable.

(3) No female prisoners shall, on any pretext, leave or be Sikkim Prison Act 2007
removed from the female enclosure except for release,
transfer, or attendance at court, or under of the
superintendent for other legitimate purpose. She will be
accompanied by a female warder from the time she
leaves till returns. (addition)
-- Its very important for
Exclusion of Males (addition)
 the security of female
64 wards
(1) In the Women Prison, all Prison officials deputed inside
proposed
the prison shall be female. Male prison officials and
security staffs can be deployed for duties outside such
Prison and can be called inside by the Superintendent
or Deputy Superintendent on duty in case of any
emergent situation or prison offence.

(2) No male prison official shall enter the female ward or

enclosure except for the performance of his duties under
this Act or rules made there-under. In such case, the
officer or staff should preferably be accompanied by a
female prison official.
64 NHRC
draft Woman prisoner with Child: -

Propose (1) (a) A woman prisoner having a child, if she desires,

65 shall be allowed to keep the child with her in the prison
till the child attains the age of 6 years.

(b) When such child attains the age of 6 years and

there is no family member to look after the child or there
is no family member willing to look after the child, then
the Superintendent shall produce the child before the Child
Welfare Committee, set up under Juvenile Justice (Care
and Protection of Children), Act, 2015 to allow the child to
remain in children’s home or shelter home till suitable
rehabilitation is found for him or till he attains the age of
eighteen years. Arrangements shall be made for meeting
of such child with his mother at suitable intervals and at
least twice in a week.

(2) Personal details of the child of a woman Prisoner shall

be recorded at the time of admission. The details shall
include the name, age, gender and if not accompanying The Bangkok Rules
the mother, location and custody or guardianship status. Rule no 3
(3) All information relating to the children’s identity shall be
kept shall be kept confidential, ant the use of such
information shall always comply with the requirement to
take into the best interest of the children. (addition )

(4) Child living with his mother in prison shall be provided

with ongoing health-care services and other facilities.
 (5) Children living with their mothers in prisons shall be
given proper education and recreational facilities
conducive to their overall development which a normal
child outside Prison is entitled to. In no case these
children shall be locked with their mother during day
time and provisions for taking them out of prison under
proper supervision of female prison official shall be
made at regular intervals.

(6) If the child living with a woman inmate dies, information

shall be sent to National Human Rights Commission
within 24 hours.

65 NHRC Pregnant Woman and Breast-feeding Woman  The Sikkim Prison act
draft Prisoner:- 2007
 Women in Prison
Proposed June 2018, Ministry
(1) When a women prisoner found, or suspected to be
66 of Women and Child
pregnant at the time of admission or later, the Medical
Development
Officer shall report the fact to superintendent.
Government of India.
Arrangements shall be made at the earliest to get her
5.6
medically examined at the government hospital for
 ascertaining the state of her health, pregnancy, duration
of pregnancy and the probable date of delivery. A
detailed report of pregnancy of woman prisoner shall be
sent to the Director General of Prison within 24 hours.
(addition)

(2) Adequate and timely food including supplemental

nutrients, a healthy environment and regular exercise
opportunities shall be provided to pregnant and breast
feeding woman prisoner.  R.D Upadhyay Vs
State of A.P.

(3) Child Birth:-As far as possible and provided she has a WP(civil) 559/1993

suitable option, arrangements for temporary S.C of Indian dated

release/parole (or suspended sentence in case of minor 13 April 2006,

and casual offender) should be made to enable an  The Sikkim prison act

expectant prisoner to have her delivery outside the 2007, 58

prison. Only exceptional cases constituting high security

risk or cases of equivalent grave descriptions can be
denied this facility. (addition) A pregnant woman
prisoner shall be entitled to have her delivery in any
 RD Upadhyay vs state
Government Hospital outside the Prison under police
 security. of A.P. and othrs SC
Guidelines,
 Nelson Mandela Rules,
(4) Births in prison shall be registered in the local birth
rule 28
registration office, without maintaining the fact that the
 Model Prison Manual
child has been born in the prison. 2016, 26.31

(5) The medical and nutritional needs of a woman prisoner

who has recently given birth, but whose child is not with
her in prison, shall be included in treatment
programmes.

(6) Appropriate pre-natal and post-natal care shall be

provided to the woman prisoner and child as per the
medical advice.

66 NHRC Prison Regimen for Woman Prisoner:- The Bangkok Rules,

draft rule 42
(1) Woman prisoner shall be provided access to correctional
Proposed
67 programmes & activities, which take into account her
gender needs.

(2) The regimen of the prison shall be flexible enough to

respond to the needs of woman prisoner who is
pregnant or nursing mother or woman with child.
Childcare facilities, a Crèche and a nursery may be
attached to a woman prison and this facility may also
be extended to female prison officials.

(3) Appropriate services for woman prisoner who has

psycho-social needs, especially those who has been
subjected to physical, mental or sexual abuse shall be
provided.

(4) Punishment by way of close confinement and

segregation shall not be applied to those women
prisoners who are pregnant, breast feeding mother or
women with child in prison.
67 NHRC Judicial inquiry in case of alleged rape in custody: - Other officers are not
draft agreed even I am not,
 When any rape is alleged to have been committed on any misuse can be possible
Proposed woman in prison, in addition to action to be taken by the against prison
68 police, an inquiry shall be held by a judicial magistrate. Any administration, because
allegation of rape within prison shall be immediately and not F.I.R is mandatory if
later than within 24 hours shall be reported to District & any female complaint
Session Judge with a request to depute a Judicial Magistrate about rape. But its
for inquiry. Based on findings of the inquiry report the police important to mention it
shall take further action. In addition the Director General shall some where that if
also suggest appropriate departmental action to the anything objectionable
Government as per rules against those prison officials who is going inside female
may be found involved or negligent in their duties. barrack so they have
some space to raise
their voices.
n.a. Inquiry into complaints of sexual harassment :- Punjab prison and
correctional services
Any complaint of sexual harassment by women prisoner shall act 2015(draft)
be dealt by the Internal Complaints Committee constituted Needed because
under the provisions of Sexual Harassment of women at sexual harassment
Workplace (Prevention, Prohibition and Redressal) Act 2013 incidents must be
and the rules framed thereunder. The complaint shall be addressed also.
forwarded to the District Judge for passing appropriate order
for inquiry or investigation as deemed fit. (addition)