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Challenges faced by Women Prisoners in India, in Contradiction to Article 21

Research · February 2022

DOI: 10.13140/RG.2.2.18849.07522

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Bhaswat Prakash
Ajeenkya DY Patil University Pune
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 Challenges faced by Women Prisoners in India, in
Contradiction to Article 21

- Bhaswat Prakash
Ajeenkya DY Patil University, Pune
B.A.LL. B

ABSTRACT
The primary factor and reason of this research paper is to perceive that what are the
legal remedies available for the Prisoners in India and the basic challenges that are
being confronted by means of women prisoners in India in each day normal foundation
at massive. Imprisonment is a technique of punishment which has advanced over the
centuries. Prison and its Administration are a nation challenge exact in List 2 Schedule
7 of Indian Constitution. On this research paper I am trying to discuss the issues which
might be faced through Prisoners and essentially via ladies in Indian jails and solutions
for the identical. The courts in India have purported the need to understand the right
to prisoners. Many factors lead a prisoner to commit a crime but usually a prisoner is
needed to be dealt with as an individual who is a person with fundamental human
proper, human dignity, and human sympathy. UN widespread assembly has espoused
rules for the welfare of lady’s prisoners & non-custodial degree for women perpetrator
(the Bangkok rule) in 2010. these days the range of women prisoners is increasing.
Majority of women prisoners are within the age group of 30-50 years. The issues
confronted by means of the girls in Indian jails are each bodily and intellectual, which
consist of, overcrowding, sanitation and hygiene, negative health situations and
nutrients, vulnerabilities of pregnancy and childcare, lack of schooling and violence.
The model prison guide drafted through the BPR&D additionally requires ladies docs,
superintendent, and separate kitchens for lady’s inmates, and also brief launch for an
approaching transport which might be to be provided to district and country prison.
most of them are uneducated, so officer’s ought to tell them about charges framed in
opposition to them. There are number of provisions in the form of law, rule& guidelines
that shield women from exploitation, and guarantee them fundamental offerings. A
complete after care application can save you recidivism and help in the easy transition
of girls in society after release. This ought to include help for diverse factors of publish
imprisonment life.
Judiciary has been playing an energetic element in responding to violations of the
human rights of woman prisoners via its interpretation of Articles 21, 19, 22, 37 and
39 A of the Indian charter. The Legislature has also come up with unique legal

1
guidelines enacted for the safety of prisoners in India which include Prisons Act, 1894,
Prisoners Act, 1900, identification of Prisoner’s Act, 1920, Transfers of Prisoner’s Act,
1950, Prisoners (Attendance in court Act), 1955, Probation of Offenders Act, 1958,
Repatriation of Prisoner’s Act, 2003 and version prison manual, 2016. Apart from
these, we also have the Juvenile Justice (Care and protection) Act, 2000, Code of
crook system, 1973 and Indian Penal Code, 1860 where the emphasis is on
rehabilitation, vocational education and switch of prisoners from over-populated
prisons to much less congested ones.
In keeping with Human Rights Council, there are more than 700,000-woman prisoners
across the globe out of which India has more than 18,000 female prisoners and not all
of those live-in lady prisons. Current prison conditions, gender discrimination, custodial
torture, inhuman treatment in the direction of kids, lack of basic inhumanities and
inaccessibility to prison offerings similarly worsen their sufferings.
This paper makes a speciality of how such activities does affect the sort of man or
woman or network who faces and suffers through this act, which now not only make
such humans accuse of crime for which they have been convicted by using additionally
the victim of popular fundamental Rights which have been assured to every people by
way of our Indian constitution within which each of them are even secured. Right here
you'll also be getting exceptional kinds of reports / Surveys which became carried out
in General Public Interest, Case study and their Judgement, Various High Courts and
Apex Courts Orders and Commentary which had been similarly taken into
consideration with the aid of primary and state Governments, Amendments in charter
and the steps taken by Media persons, Journalist, local authorities and various NGO’s
with recognize to Prisoner’s. You will also get to recognize about the Guidelines and
Sections and also the stands of country wide and worldwide Committees and
administration with the issue faced via them in dealing with such management
problems.
This research Paper has essentially been organized after steady studies in regards to
Criminal Provisions, Information Series, Various Documents and Documentaries,
Survey, Media Interviews and Analytical, studies over interviews via diverse Journalist,
Advocates, Social Workers / Representatives, and on the basis of books authored by
way of various renowned authors, Civil / Jail Attended and Representatives.

KEYWORDS
Prisoners’, Crime, Criminal, Fundamental Right, Constitution, Women, Human Right,
Right to Clean Environment, Jail Authorities, Journalism, Activists, Government,
Social Impact, Humanity, Judiciary, Freedom, Administration, Judgments, Apex Court,
News Reports, NGO’s, Indian Penal Code, Criminal Procedure Code, Jail Manual,
Women Commission Report, NCRB.

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 TABLE OF CONTENTS

1. Introduction
2. Objectives
3. The Research Issues
a. Social Analysis
b. Legal Analysis
4. Research Methodology
5. Right of Women Prisoners under Substantive Law
6. Right of Women Prisoners in Procedure Law
7. Key Finding
8. Problems of Women Prisoners
9. System Mounted by Law
10.Special Procedure of Arrest of Women
11.Special Procedure for Foreign Nationals
12.Recommendations
13.Various Methods Recommended for Resolving these Issues of Women
Prisoners
14.Guidelines Governing Ladies in Prison
15.Article 21 concerning Environmental Justice
16.Right to Smooth Water beneath Article 21
17.Section 277 of the IPC gives
18.Some Important Steps that should be taken for the Welfare of the
Women Prisoners in India
19.Justice A.N. Mulla Committee Recommendation / Direction
20.A Realistic Case Report on Ground Realities
21.Conclusion
22.Summarization of the Research with the Available Legal Remedies

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INTRODUCTION
Pandit Jawaharlal Nehru once stated “You may tell the situation of a kingdom by way
of searching at the repute of women inside the country.”
Punishing the wrongdoers is the primary feature of all civil societies. Penitentiaries are
recognised to have existed for the duration of the history. life of prisons can be traced
lower back to the prehistoric length. It turned into believed that rigorous segregation
and custodial measures might reform the offenders. Experience, but, belied this
expectation and frequently imprisonment had the reverse effect. The prisoners are
deprived of freedom and personal contacts with circle of relatives and buddies. The
utility of jail as a group for rehabilitation of lawbreakers and getting ready them for
normal life may be very tough process. With the growth of behavioural sciences, it
started out to federalize that reformation of offenders turned into not feasible with the
aid of detention alone. the main cognizance of jail system is to reform them into sincere
and regulation enduring citizens by way of education in them a revulsion for crime and
criminal activity. but in real exercise, the jail authorities try and carry out reformation
about prisoners by way of use of force and compulsive techniques.
As India is a patriarchal society, women have historically felt inferior to men. We
preserve to come across incidents wherein women are raped by way of men and
abused through her members of the family. whilst she retaliates, she is asserted a
wrongdoer and dumped into jail in violation of her basic human rights. Many women
belonging to decrease economic strata are often dragged into unlawful activities
inclusive of drug dealing, theft and prostitution at the same time as all they're seeking
to gain is however meeting their basic needs.
Even though there are laws for the protection of girls, the query which involves
thoughts is whether or not it has fulfilled the dreamers of the Constitution. In each
degree of existence, women have faced discrimination. Owing to our patriarchal
society, ladies have historically been stored on a lower footing and while society
announces a woman as a culprit who's convicted and given punishment, her position
turns into not possible. The problems which ladies’ prisoners face are endless with a
lot of their problems last unresolved. Police and prison authorities have extensive
discretion in their fingers and this outcomes in violation in their simple human rights.
Violation of rights of Women Prisoners keeps increasing in spite of a plethora of
provisions contained within the Indian constitution and global Conventions. India has
taken up jail reforms on occasion but the benefit in phrases of restorative justice
principles and its programmes have not often reached ladies prisoners.
Custodial justice has become crucial because of the changing monetary and social
situation beautify ladies’ involvement in crimes and boom rapidly. The fact is that
women in prisons are going through a number of problems. Even her simple human
rights are being ignored regardless of some of commands from the very best Supreme
Court, High Courts and by means of Guidelines that is being provided by the various
Committees. It generates problems to them within the jail which requires a unique care
and desires to be eliminated. the primary cause of this paper is to talk about the
troubles of the women prisoners, their rights, additionally the situations in women jails,

4
and to signify the essential adjustments. Custodial horror is a daily prevalence for
women prisoners in India. What can a lady do when her ‘custodians’ grow to be her
violators? The query could be very intimidating and horrifying however that is
absolutely taking place to ladies in India.

OBJECTIVES

The unique objectives of the paper are:

1. To make an assessment of the felony status of ladies in custody within the
Indian context.
2. To take a look at the diverse approaches and practises in dealing with women
in numerous custodies.
3. To have a look at the performance of organization and other services for the
reformation and rehabilitation of women in custody.
4. To talk about the demanding situations confronted by means of women
prisoners in India.
5. To signify higher measures for alienating the plight of women prisoner.

The Research Issues

Social Analysis
The fundamental premise of maximum efforts to reform prison system is that this can
be achieved without any essential transformation of the shape of the society as a
whole. The liberal perspective on reform is that essential adjustments within the jail
system are viable without essential modifications within the relaxation of the society,
whilst the radical perspective is that fundamental adjustments in prison can come
about simplest thru drastic adjustments inside the society itself. The mindset of the
society needs to be modified in recognize of prisoners. Jail constitutes critical
organization which safeguards the society from lawbreakers. Jail confines humans
against their will. A person is capable of follow new customs and methods to update
the vintage conventional customs are being fashioned. whilst modifications do no
longer occur at the appropriate time, revolutions take location. The causes of social
alternate are numerous, and the strategies of trade may be regarded as both brief-
term developments or long-time period trends. The mechanisms of social exchange
may be various and interrelated. Several contrivances may be united in a single
explanatory model of social exchange.
Law regarding prisoners is the principal vicinity wherein the instrumentality of
regulation has proved social trade inside the punishment of offenders. Justice Krishna

5
Iyer has stated that ‘prisoners are constructed with the stones law’. The prisoners have
many social rights while serving their sentence, a number of them are;
a) Reading and writing books in jail
b) Liberal use of parole
c) Segregation of prisoners
d) Right to interview
e) Releasing the prisoner on temporary bail to perform scared ceremonies
f) Release on bail of under trial prisoner under NDPS, etc.

Legal Analysis
Constitutional Status of Women in India
Constitution of India does no longer provide precise securities to the women prisoners.
however, the Indian Constitution offers the status of equality to the women. The
Founding Fathers of the Indian constitution gave extreme notion to guard and promote
the rights of women and youngsters. that is very well reflected in the Preamble which
incorporates “the ideals and aspirations of the people of India”. One of the golden
ideals is “the equality of reputation and of opportunity”. Constitution of India under
Article 14 affords equal protection of legal guidelines to the women in India and Article
15 prohibits the discrimination on grounds of intercourse. However nonetheless Indian
women prisoners are going through some of troubles. Authorities of India passed the
protection of Human Rights Act, 1993 and constituted a frame known as the National
Human Rights Commission for promotion and safety of human rights. Part IV of the
constitution of India sets out the Directive ideas of state coverage which give course
to the kingdom to provide economic and social rights to its human beings in unique
manner. India has additionally ratified various worldwide Conventions and Human
Rights units omitting to comfortable identical rights of women. Key amongst them is
the ratification of the Conference on Elimination of All types of Discrimination towards
Women (CEDAW) in 1993.
The ideal court in the case of Sunil Batra vs. Delhi Administration held that whether
or not inner prison or outdoor, someone shall now not be deprived of his assured
freedom keep via methods ‘proper, just and fair’. The court docket manner casts the
convict into the jail device and the deprivation of his freedom is not a blind reformatory
pain however a blighted institutionalization geared to a social suitable. The court also
held that bar-fetters make an extreme inroad on the restricted private liberty which a
prisoner is left with and therefore before such erosion may be justified it need to have
the authority of regulation. The court in the case R.D. Upadhyay vs. State of A.P. &
Ors., held that earlier than sending a woman who's pregnant to a prison, the worried
authorities have to make certain that jail in question has the basic minimum facilities
for toddler shipping in addition to for presenting pre - natal and submit -natal take care
of both, the mother and the kid. Gynaecological examination of female prisoners shall
be accomplished inside the District Government sanatorium.

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Research Methodology
The paper consists of both theoretical and empirical research. The theoretical examine
consists of an essential analysis of the provisions in the CRPC & IPC intended for the
protection and security of the women in custody. The overview of statutory provisions
regarding women prisoners is likewise mentioned. The empirical a part of the research
deals with evaluation from textual content books, college meeting and interviews.

Right Of Women Prisoners Underneath Substantive Law

Many sorts of violence towards women, custodial violence concerning rape and
molestation has without a doubt been on within the boom. Rape in the police station
or by way of the police is the maximum notorious kinds of violence in opposition to
women. The inadequacy of law of rape beneath Section 376 IPC is manifested in
range of judgements. One such essential cases Mathura case. The second essential
amendment made inside the penal code in 1983 became the insertion of sections
376B, 376C and 376D to deal with custodial sexual abuse not amounting to rape.
These sections supplied punishment to those men and women who've taken benefit
of their official function for sexual intercourse with a woman on reputable position on
reliable premises.

Right of Women Prisoners in Procedural Law

The Cr.PC is designed to create the essential machinery for the prevention of crime,
arrest of the suspected criminals, collection of evidence, determination of guilt or
innocence of the suspected individual in a trial and imposition of right punishment on
the guilty man or woman. Thus the object of Cr.PC is to offer an appropriate
mechanism and the simply procedure for the enforcement of criminal regulation. It
became for the first time a brand-new sub section (4) is introduced to section 46 of
Cr.PC. This sub section prohibits the Arrest of a female after sunset and before sunrise
splendid unavoidable circumstances. Section 53 of Cr.PC imposes an duty while the
individual to be medically examined is a female, the examination ought to be made
most effective by means of or underneath supervision of a female registered scientific
officer. When arresting a woman, proper arrangement for the safety and care of her
offspring is responsibility of the state. One question arises frequently in terms of
pregnant ladies and mom and infant units is whether this class of women need to ever
accept custodial sentences. Section 416 of the Code of criminal procedure, 1973
provides that if a female sentenced to demise is located to be pregnant the High Court
shall order the execution of the sentence to be postponed, it thinks suit, commute the
sentence to imprisonment for life: “Courtroom thought that the time has come to make
commutation of the sentence obligatory in such instances and advise that section 416
ought to be so amended”.

7
For this motive,’ for present Section 416 Cr.PC, the subsequent section have to be
substituted:–
“4l6. Death sentence on pregnant woman, “If at woman sentenced to dying is
determined to be pregnant, the high court shall commute the sentence to certainly one
of imprisonment for life.”

KEY FINDING
There are some of provisions in the form of legal guidelines, policies and pointers that
protect women from exploitation in prison and assure them primary services. but, the
implementation of those provisions is determined to be in large part missing and ladies
face a ramification of problems even as dwelling in prison.
There's an extreme loss of female personnel, which incorporates guards, officers,
doctors, nurses, counsellors and so forth. accommodation preparations are often
insufficient, that's exacerbated via intense overcrowding in maximum prisons. There
are inadequate numbers of lavatories, bathrooms and other simple preconditions for
sanitation and hygiene. The inadequate provision of water and menstrual hygiene
products is a serious subject.
There is a loss of girl scientific personnel and facilities intended to cover physical,
sexual, reproductive and intellectual health needs of girls in prison. Nutrients, that is
intently connected to health, is a problem especially for pregnant and lactating ladies
and youngsters in prison. whilst they are to receive a unique weight loss plan, this is
not usually accompanied.
Women are entitled to have get admission to training while in jail, however aside from
provisions for basic literacy, instructional facilities are in large part missing. Skilling
and vocational education are likewise considered an important a part of reformation,
and each jail is meant to provide those services. Efforts on this regard are largely
eyewash, with most publications presenting abilities that are unmarketable, financially
unviable and for that reason not tons use to women after release.
All prisoners have a proper to criminal resource, for which there have to be felony
resource cells in each prison to assist with cases of court cases, beneath-trials,
appeals and many others. those aren't found in all prisons, and linkages with nation
and District legal carrier authorities may be progressed.
Physical and Sexual violence is a not unusual state of affairs in prisons, faced by using
inmates at the hands of government and different prisoners. The provisions for making
sure safety of ladies in prison and addressing their lawsuits need to be followed strictly,
which is not the case currently.
Prisons are an insulated world, and it's far critical that women in particular hold contact
with their social network out of doors prison to make sure a smooth transition after
release. while the limit on variety of letters, phone calls and visitations are at ease
inside the case of girls, extra needs to be completed to help them preserve touch and
triumph over the social stigma connected to women prisoners.
8
Many women stay in prison with their youngsters (underneath 6 years of age) in cases
in which no other good enough arrangements may be made for his or her care.
Spending their adolescence in prison will have a massive poor impact on children and
hence unique care wishes to be taken to make sure their physical and mental fitness,
schooling and undertaking. The health of pregnant women and mothers additionally
wishes to be sorted.
Re-integration in society is an assignment for plenty women prisoners, as they face
severe social stigma, loss of own family ties and employment, loss of financial
independence and so on after launch. Steps want to be taken to make sure that
women receive all simple services while in jail, are included from violence and
supported after launch to effectively take a place in society.

Problems of women Prisoners

I. Unsatisfactory dwelling conditions
To improve jail conditions, it does no longer imply that prison existence have to be
made smooth; it means that it need to be made human and realistic. Overcrowding is
a severe trouble being confronted, greatly contributing to abysmal situations of the
prisoners. According to a document with the aid of India nowadays, within the
Tiruchirappalli women prison in Tamil Nadu, inmates must get dust to easy their toilets
given that there's no water. Lodged inside the Tamil Nadu prison for five years as a
beneath trial from 2005 to 2010, an underneath trial named Murugeswari has written
that “water changed into so scarce that they had to pick out among washing
themselves and their garments”.

II. Lack of legal aid

The felony rights entitled to the needy underneath-trials have been mandated via the
constitution. The ideal courtroom has ordered free prison useful resource to anybody
from the point of arrest. However, in truth, prison aid is best supplied on the time of
trial, that too in maximum instances best for name-sake. Similarly, beneath the legal
aid services authorities Act, 1987, the felony resource boards have been setup at
Centre in addition to country degree, to offer loose criminal useful resource to the poor
and needy. However, these forums have been in particular inefficient in managing
burgeoning wide variety of cases. Because of the lack of knowledge at the part of the
accused/victim, and the shortage of initiative and coordination among the police and
the legal aid government, there are huge discrepancies between what the regulation
mandates to the accused and what they without a doubt get.

III. Physical Mistreatment

Physical mistreatment of Prisoners is the problem of officials of the prison, which the
prison administrations have constantly verified to be incapable of handling typically
due to poor infrastructure, coupled with detrimental prisoner legit ratio. Rehabilitation
of criminals is one of the main functions of the jail government, as diagnosed by the

9
Indian courts on several occasions. A prison is now visible as greater of a correctional
facility than a detention one.

IV. Meals, lodging and scientific treatment

All men and women deprived of their liberty shall have the proper to be in a well-known
of residing, along with adequate food, consuming water, accommodation, garb and
bedding. It is a basic requirement that all jailbirds need to take delivery of a clinical
examination as quickly as they were admitted to a jail or location of detention.
Additionally, all needed clinical remedy have to be provided free of rate.
In T.K Gopal vs. State of Karnataka (2000 (6) SCC 168), a healing approach at the
same time as managing criminal dispositions of the prisoners became recommended
by means of the court. Justice R.C Lahoti brought into observe, the inhuman
conditions winning in 1382 prisons and said that legal responsibility cannot be
disowned via the state with regards to the existence and safety of a prisoner.
In the previous few decades, the pressing need for prison reforms has come into focus
and it has been reiterated by courts that present prison situations are not conducive
for his or her reformation. Recognition has shifted to restorative Justice wherein
sufferer and perpetrator meet to attain a decision with the help of a facilitator.
Restorative Justice has been interpreted in another way in different international
locations and has been often described as “communication justice”, “making amends”,
“nice justice” and “network justice.” Stressing upon the same, United nations economic
and Social Council has adopted the basic principles on the usage of Restorative
Justice Programmes in crook subjects prescribing prison standards for restorative
justice.
Countries have followed restorative justice in one-of-a-kind formats. These include
Victim - Offender Mediation (VMO) wherein sufferer’s wishes are addressed and
offenders are held accountable for their offences. Some international locations have
projects on victim / recognition / empathy where the effect of crimes on victims is being
learnt by offenders through role-plays and experimental studies. Others have followed
community service projects where the offenders do something for the network.
The formal justice system is being met with complaint both nationally and across the
world. This has resulted in alternative responses to crime and social disorder. A whole
lot of these options offer a possibility for resolving conflicts between the events
worried. There are directions issued via the ultimate court of India for setting up ‘open
prisons. Court has also passed a chain of orders for ushering reforms for inmates,
prevention of over - crowding, the appointment of counsellors, centres for telephone
centres and video conferencing for you to continue to be in touch with their legal
professionals and family contributors. In Rahmath Nisha Vs. The Additional Director
General of Prison and others (WP (MD) No.12488 of 2019), the court said that we
must guard prisoner’s right to privateness and dignity. This consists of no tracking of
communication among the prisoner and his spouse. However, in reality, this is
infrequently the case. For women prisoners, stigma just stays.

10
In India, at the instance of the critical authorities, care programs are being envisaged.
This could greatly advantage women prisoners who commit fewer crimes compared
to their male opposite numbers. The course isn't always smooth because, for
restorative justice packages, there is a lack of knowledge amongst humans and jail
inmates. Cognizance is needed so that once healing takes region, it absolutely heals
sufferers and prisoners and turns into a solace for women prisoners. Coordination
between government and Judiciary is also required for taking stringent measures
against individuals who drag ladies into crimes. The massive majority of those
prisoners are Adivasis, Dalits and from the marginalised groups who're unable to
protect themselves legally and financially due to their social and economic situation.
We want to examine the rights available to women prisoners in India to rework them
in strains of restorative justice in prisons.
The paper tries to set a nexus among the right to easy pollutants - unfastened
surroundings, air, water and Article 21 of the Indian constitution which affords the
proper to lifestyles. the thing ruminates that the ambit of Article 21 does now not most
effective cowl mere living however dwelling in better and dignified conditions.
Similarly, to strengthen the equal argument this paper identifies three essential
questions viz-a-viz whether the right to lifestyles as guaranteed underneath Article 21
of the Indian constitution consists of proper to easy surroundings and secure
consuming water, whether or not the proper to smooth environment and safe drinking
water is a right or a privilege in India and whether or not the judiciary may be
approached below Article 32 upon the infringement of the right to smooth environment
and secure ingesting water?
Furthermore, this paper also tries to contradict and explicates that which means of
Article 21 through various landmark judgments and expounds the importance of
smooth environmental situations underneath the proper to life. Article 21 and its
changing attitude with time - Article 21 of the Indian charter reads as:
No person will be deprived of his life or personal liberty except according to the
manner set up with the aid of regulation.
Understanding the middle idea i.e. embodied in Article 21 is essential to this paper
and for this, we can split the article into key phrases viz-a-viz 'no man or woman'
which means it applies to each individual be it be a citizen or alien; deprived of
lifestyles or non-public liberty i.e. the object safeguards the life of each person and
as well as his proper to non-public liberty; 'except in line with the process hooked
up by using law' which means that this text is likewise subjected to a few exceptions
and regulation might establish the ones exceptions.
That is the basic essence of Article 21 which is a fundamental proper and essential
rights are justifiable most effective against the country, consequently, it is easy to only
method the judiciary for the infringement of this newsletter if the country violates it.
To recognize the which means of Article 21 and its broader implications, we are able
to ought to look upon the history and historical past which this newsletter has.

11
We will be examining this text beneath 3 major heads:
i. Right to lifestyles
ii. Right to non-public Liberty
iii. System set up by using regulation

Right to Life
How do you define life is one of the vital questions that want to be spoke back before
you interpret this right? Does residing suggest mere breathing or residing in dignified
living conditions? and then the query will rise up that the way you outline dignified
dwelling situations because again it's miles subjective. This exhausting mission of
deciphering the phrase 'existence' in Article 21 is left at the judiciary by means of our
charter-makers and subsequently, time to time new perspective comes into the picture
and the ambit of Article 21 maintains on widening.
The judiciary within the case Kharak Singh Vs. State of UP, for the first time, talked
of lifestyles as something greater than mere animal existence, the judiciary came with
the subsequent view:
Through the time period, existence as here used something more is meant than mere
animal lifestyles. The inhibition in opposition to its deprivation extends to most of these
limits and colleges with the aid of which existence is enjoyed. The availability similarly
prohibits the mutilation of the body or amputation of an arm or leg or the placing out of
an eye or the destruction of every other organ of the frame thru which the soul
communicates with the outer world, by using the term liberty, as used in the provision
something extra is supposed than mere freedom from physical restraint or the bonds
of a jail.
Broader experience to the identical argument changed into given in succeeding
judgments where the right to existence also protected the right to stay a wholesome
lifestyle and to guard and keep one's cultural values.
A brand-new measurement to proper to life was given by using the landmark judgment
of Maneka Gandhi Vs. Union of India and later through Bandhua Mukti Morcha Vs.
Union of India where Justice P.N Bhagwati located-
'It is the essential right of everybody in this country to live with human dignity
unfastened from exploitation. This right to live with human dignity enshrined in Article
21 derives its life breath from the Directive principles of state policy and mainly clauses
(e) and (f) of Article 39 and Articles 41 and 42 and as a minimum, consequently, it
ought to encompass protection of the fitness and power of workers, males and
females, and of the tender age of kids against abuse, possibilities and facilities for
children to increase in a wholesome manner and situations of freedom and dignity,
educational centres, just and humane conditions of labour and maternity relief. Those
are the minimal requirements which must exist to allow someone to stay with human
dignity and no country neither the imperative government nor any state government -

12
has the proper to take any movement so that you can deprive someone of the
enjoyment of those necessities.'
With time to time, the scope of the right to lifestyles has improved in diverse landmark
judgments and that is a by no means-ending cycle with changing time and changing
needs and with the emergence of latest situations, many new interpretations and
additions can take region in this part of Article 21.

Right to Personal Liberty

The supreme court has interpreted non-public liberty as something extra than freedom
from physical restraint, liberty no longer simplest inside the physical experience but
also in everything of life. Be it be liberty of mind, liberty of preference and different
freedoms which constituent essential a part of private liberty. One such idea is right to
privateness, which is in lots of debate due to the Aadhar trouble. It became inside the
case of MP Sharma Vs. Satish Chandra, whilst the issue of privateness become
talked about the primary them and at that time it become not even taken into
consideration as a proper in India.
Eventually, within the case of Kharak Singh, Justice Subba Rao, even though inside
the minority opinion determined an awesome point which set forth the future of the
right to privateness as a fundamental right-
'The right to non-public liberty takes in now not simplest a proper to be free from
regulations positioned on his moves but also free from encroachments on his non-
public existence. It's miles real our charter does not expressly claim a right to
privateness as an essential proper, but the stated right is a crucial aspect of personal
liberty. Every democratic country sanctifies home existence; its miles expected to give
him relaxation, physical happiness, peace of mind and protection. In the ultimate
motel, a person's house, in which he lives along with his own family, is his 'fortress';
it's miles his rampart against encroachment on his liberty'.
Although what all will constitute part of a person's privateness remains a completely
subjective query and the judiciary cannot list down the elements. The reality that is
crucial here to notice is definition will alternate with the state of affairs to state of affairs
however having a law to guard your freedom creates a sense of protection within the
minds of citizen that their essential rights might not be hampered. It turned into sooner
or later inside the case of Justice K. S. Puttaswamy (Retd.) and Anr. Vs. Union of
India and Ors., where the proper to privateness has been recognized as an essential
right beneath the Indian charter and it became held that privacy as a proper cannot be
limited to most effective Article 21 as it has its area in all the essential rights in some
of the opposite approaches.

13
System Mounted by Law
The best exception upon which the country can deprive someone of his right to
lifestyles and personal liberty is depriving in line with the technique hooked up with the
aid of regulation i.e., on lawful grounds. The pleasant instance to explain this may be
the court's order for the death penalty in heinous offences. The ideally suited court
docket in various pronouncements has laid down the idea of technique mounted by
law.
The judiciary within the case of Maneka Gandhi Vs. Union of India discovered that-
'The manner prescribed via law for depriving a person of his lifestyles and private
liberty need to be 'proper, just and truthful' and now not 'arbitrary, fanciful and
oppressive,' in any other case it'd be no procedure in any respect and the requirement
of Article 21 would now not be glad.'
Put off in executions and trials additionally elements' part of deprivation of the right to
life and personal liberty and might no longer get the shelter of process set up by way
of regulation. as a result, it has usual with the aid of the judiciary that simply because
a procedure is hooked up through regulation it can't take a person's right to lifestyles
and private liberty, to achieve this the regulation should be fair and reasonable and
not arbitrary.

Special Procedure of Arrest of Women

The CrPC contains positive unique provisions for the arrest of ladies – the arrest of
girls after sunset and earlier than sunrise (besides with the previous permission of
Judicial Magistrate First Class) is illegal and a girl arrestee is mandated to simplest be
searched with the aid of a woman officer with due regard to decency. however, there
are additional regions that want to be protected explicitly with the aid of the law.
The police professional arresting the female must preferably be dressed in plain
clothes and not their uniform that allows you to lessen the stigma related to
incarceration.
Provisions should additionally be made for the custody of adolescent kids of the lady
on the time of arrest. She must provide in writing the name and details of the character
with whom she desires her minor youngsters to stay at some point of her length of
incarceration, and this should be complied with strictly. In case where no
family/buddies are to be had to care for the kid and he/she cannot accompany the
mom to jail, the kid should be appropriately placed in a child Care institution.

Special Provisions for Foreign Nationals

Inmates who are overseas nationals are inherently at a more vulnerable position. They
face troubles no longer simply because of their gender-particular desires, but

14
additionally due to language barriers, lack of ties inside the country and the difficulty
in adjusting to the lifestyle and society of a foreign land.
Their respective consulates/embassies have to be knowledgeable about information
of their incarceration and phone need to be installed with the inmates appropriately.
Foreign inmates need to be provided with translators to assist them communicate with
prison officers and other inmates for clean information of guidelines and tactics and to
speak their grievances and proceedings without problems.
For effective put up-release transition and psychological health, it is crucial for them
to be able to talk with their households/buddies regularly. Video-conferencing facilities
thru new technological tools can be supplied to facilitate such verbal exchange.
Foreign prisoners may also be furnished with introduced meals provisions to satisfy
their dietary requirements. Kids of overseas nationals ought to be removed from their
mothers’ care with utmost sensitivity and simplest after consultation with their consular
representatives.

RECOMMENDATIONS
The good enough implementation of existing provisions will move a protracted manner
in enhancing the jail system. The national version prison manual 2016 is a modern
report outlining the fundamental entitlements of ladies in jail and have to be followed
by means of all states accompanied with the aid of its full implementation.
A national commission for Prisons, as additionally encouraged by the Mulla Committee
should be set up to provide a country wide attitude on prisons and be a crucial frame
liable for those.
Regular and Thorough inspections of prisons also are a powerful manner of making
sure that guidelines are being observed. This ought to be exercised in all prisons, with
inspections carried out in an independent spirit and reviews shared throughout more
than one authority organizations. A sturdy complaint redressal mechanism must be
installed vicinity in all prisons to make certain the rights of prisoners aren't violated and
their concerns are heard impartially. There need to be each inner and external
mechanisms for inmates to represent their Grievances.
Unique strategies should be defined at time of arrest of women to ensure their best
interest as well as that in their youngsters. considering the fact that searches at time
of admission and in the course of jail lifestyles can be an enjoy in which girl’s inmates
face humiliation and violence, those need to be strictly regulated through described
SOPs.
Good enough provisions should be made for pregnancy and childbirth in jail which
include clinical, nutritional and accommodation-related enhancements. Children of
prisoners, each the ones residing with them or the ones residing outdoor, should in no
way be handled as prisoners themselves.

15
Both bodily and intellectual health needs ought to be addresses appropriately and
frequently. Women inmates need to have get right of entry to medical doctors and
psychologists as and while wanted. instructional centres should be provided as in
keeping with skills of prisoners. Vocational schooling and skilling centres in jail must
be also be upgraded as it is able to enhance the everyday lives of prisoners and give
them financial assist after release.
Dwelling situation of women inmates have to be progressed in terms of bedding,
adequate lighting fixtures, enough wide variety of bathrooms, alternatives of clothing
as according to lifestyle and many others.
Provisions of felony aid must be applied with linkages with District and Nation Legal
Service Authority. All rights and entitlements ought to be explained to girls in a
language they are able to understand.
The number of undertrial prisoners in India is huge. Steps should be taken to facilitate
their early launch underneath section 436A of Cr.PC. as nicely in cases wherein are
unable to pay sureties on release. In addition, non-custodial measures consisting of
network provider, housing in shelters and so on. Must take delivery of choice in the
case of girl offenders.
A comprehensive after-care programme can prevent recidivism and help in the clean
transition of ladies in society after launch. This needs to include assist for various
aspects of put up-imprisonment existence along with housing, employment, marriage,
custody of kid’s prevention of harassment by neighbourhood police and so forth.

Various Methods Recommended of Resolving these Issues of

Women Prisoners
In spite of some of provisions given on paper for the welfare of ladies in prison, the
fact of a prison may be very one of a kind. The goal of reformation is often forgotten in
favour of field and uncalled for violence. The whole implementation, in letter and spirit,
of existing provisions and adoption of innovative methods will go an extended way in
improving the jail system. Some suggestions in this regard are precise under:

Adoption & Implementation of National Model Prison Manual, 2016 By States

The national model jail manual 2016 is the most current and contemporarily legitimate
report bearing on the correctional structure of our country. It sets out some primary
minimal requirements for the treatment and welfare of prisoners, and have to be
followed by using all States at least guiding principle. It additionally affords specific
measures which includes gender touchy schooling for all group of workers coping with
girl’s inmates, which can pass a protracted manner in improving the lives of women in
jail.
Jail Manuals of States have to align with these national requirements and be carried
out strictly throughout all jails within the area. Additionally in May 2017, the Hon’ble
supreme court docket directed the Ministry of Home Affairs and States to work towards

16
the implementation of the countrywide model prison guide and this has been reiterated
in later orders. Adherence to jail manuals is presently considered non-obligatory in
practice, which need to not hold.
The Ministry of Home Affairs has proposed the putting in of an included prison software
program device this is to comprise data regarding prisoners and prisons. This may be
taken up across all prisons expeditiously.

Establishment of a National Commission for Prisoners

The Mulla Committee encouraged that a country wide policy on Prisons need to be
formulated, to reform and re-assimilate offenders inside the social milieu. To in
addition this goal, it endorsed the putting in of a country wide fee for Prisons to feature
as a specialized advisory body for all prison and allied subjects.
The functions of proposed commission can be to display the requirements and norms
of various classes of prisons, enrol people and community companies to serve within
the prevention of crime and remedy of offenders, assessment achievements of nation
correctional institutions and plan their destiny organisational and employees structure
in consultation with them, coordinate plans for administrative and operational
functioning of prisons with the States / U.T. and monitor their progress if you want to
have an all-India perspective on prisons. The fee may match out and finance pilot
projects to function models for the development of prison administration. It may
additionally post an annual statistical file regarding prison facts.
Any such frame might function an overarching monitoring and reviewing body, and
also an advisory frame for the development of prisons. It might result in higher
coordination between States and a uniform coverage on prisons. This will possibly
carry consistency in services for women inmates across the country. The putting in of
this commission might also for that reason be considered.

Regular & Thorough inspection of Prisoners

The country wide coverage on prison Reforms and Correctional management states
“Prisons are hitherto a closed world. it is necessary to open them to a few kinds of nice
and positive public discernment. Selected eminent public-men will be legal to go to
prisons and provide unbiased record on them to appropriate government.”
In 2015, a complete of 41,542 jails inspections were finished within the country by
scientific officers, judicial officials and executive officers. In spite of such inspections,
the situations stated from prisons continue to be dismal.
Its miles cautioned that a much better mechanism for inspections be put in location to
conduct unbiased, timely and normal inspections.
The National Prison Manual prescribes that the District Judge have to go to each
prison in his/her jurisdiction at least once a month and supply prisoners the possibility
to symbolize their grievances within the absence of jail officials.
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The Board of traffic need to also be activated to make certain everyday visits to
prisons. The non-professional contributors of the Board which includes participants of
the Legislative Assembly, nominee of the State Human Rights Commission and social
workers of the District/Sub-division must be endorsed to visit the jail as a minimum
once a month. The Board of traffic have to contain a positive percentage of ladies’
participants to improve the redressal of grievances particular to girl’s inmates.
All authentic traffic has to hold unique one-on-one interviews with prisoners away from
prison government throughout inspection visits.
All reviews from legit inspection visits through Board of site visitors, DLSAs, State
Commission for Women and many others. have to be shared with District Magistrate,
District Sessions Judge, State Legal Services Authority, State Human Rights
Commission, State Commission for Women and State Department of Women and
Child Development/Social Welfare. State Commissions for women will observe the
comprehensive prison visit Proforma as evolved by means of NCW and could often
submit on line reviews on this layout. The guidelines of the inspection report should
be mandatorily complied with, or within the occasion of non-compliance, motives for
such non-compliance need to receive in a time-bound way. Such inspection reports
and implementation information must be publicly available.
A truthful and thorough inspection can itself be a very powerful tool in improving
conditions of prisons and the lives of girls living in prison, and this need to be finished
often and in its actual spirit.

Robust Grievance Redressal System

The national model prison manual prescribes the advent of a Prisoners’ Panchayat to
organise activities and sports for prisoners as well as offer a street to represent
concerns and are looking for redress of grievances. A ‘Mahapanchayat’ need to be
held at the least once 1 / 4 with the Superintendent in attendance for the redressal of
prisoners’ grievances and implementation of their recommendations. The practice of
fortnightly or weekly ‘Nari Bandhi Sabhas’ (women prisoners’ councils) ought to
additionally be endorsed.
The Prisons Manual additionally presents for the setting up of a grievance Redressal
system in every prison, with criticism packing containers to be prominently hooked up,
in particular on hand to woman prisoners. A Grievance Redressal Committee is to take
a look at the lawsuits twice each week.
A further grievance box must also be in place for extreme complaints inclusive of
sexual abuse, torture and many others. which only Board of site visitors can open. A
sign in can be positioned at a reachable spot inside the jail for submitting grievances.
Aside from the prisoner herself, her criminal adviser or family individuals have to be
allowed to make lawsuits concerning her stay in jail. In case the lady medical officer
notices signal of torture during clinical examination, she may additionally, with the
consent of the lady prisoner, enhance a grievance on her behalf.

18
Prisoners must additionally be able to represent their grievances verbally or in writing
at some point of visits by means of Board of visitors, DLSA, state Commissions for
women, District magistrate and so on.
Prisons that residence women inmates have to have a senior girl officer as part of the
criticism Redressal Committee, which should study court cases in an impartial way.
Girl’s prisoners must have a risk to raise their worries to the Superintendent for the
duration of weekly parades. In coping with the complaint redressal mechanism, steps
must be taken to avoid the threat of retaliation, and to make sure that the lawsuits are
not censored.

Guidelines governing ladies in Prison

As according to the nation listing furnished within the 7th agenda of Indian
Constitution, all problems associated with prisons, reformatories, borstal
establishments and different institutions of a like nature, and individuals detained
therein; arrangements with other States for the use of prisons and different institutions
come below the domain of country Governments. The guidelines of
Incarceration is decided through following laws:
1. Indian Penal Code, 1860
2. Jail Act, 1894
3. Prisoner’s Act, 1900
4. Identification of Prisoner’s Act, 1920
5. Trade of Prisoner’s Act, 1948
6. Switch of Prisoner’s Act, 1950
7. Prisoner (Attendance in courtroom) Act, 1955
8. Probation of Offenders Act, 1958
9. Code of Criminal Procedure, 1973
10. Repatriation of Prisoner’s Act, 2003
11. Model Jail Manual, 2003
12. Version Prison Manual, 2016
Sometimes, the authorities of India had mounted numerous Committees,
Commissions and operating agencies to observe and suggest improvements in jail
situations and management. Some of those consist of:
1. All India prison guide Committee, 1957
2. Running institution on Prisons, 1972
3. All India prison Reforms Committee, 1980 - 83 (Mulla Committee)
4. All India institution on jail management, protection and field, 1986 (R.K.
Kapoor Committee)
5. Country Wide Professional Committee on Ladies Prisoners, 1987 (Justice
Krishna Iyer Committee)

19
The Committee beneath the chairpersonship of Justice A. N. Mulla submitted a report
in 1983 containing 658 hints out of which 35 pertain completely to girls in prison. Those
include incarceration of ladies’ prisoners in separate exclusive institutions / annexes,
staffing girl’s prisons with ladies’ employees simplest and probation to be notably
furnished to ladies.

The All-India organization on jail administration, protection and area popularly called
R.K. Kapoor Committee changed into constituted in July 1986 to have a look at and
assessment numerous aspects of administration and control of jail, in particular inside
the context of safety and discipline and propose measures for improvement. The
Committee recommended higher communication structures, watch towers, wire
fencing, raising of peak of perimeter partitions, steel detectors, canine squads and
many others. It additionally advocated near Circuit Televisions (CCTVs) for monitoring
sports alongside the perimeter wall, rooftops and major gate vicinity and many others.

Later, during the Year 1987, the countrywide expert Committee on Women Prisoners
underneath the chairpersonship of Justice Krishna Iyer appraised the scenario of girls
in jails and made numerous tips. Some of the critical tips include:
1. Women prisoners have to be informed in their rights underneath the regulation.
2. Handiest ladies’ constables have to behaviour searches on ladies’ prisoners.
3. Women doctors ought to do clinical take a look at-up of women prisoners as
quickly as they are admitted to prison.
4. Women prisoners need to be allowed to touch their families and talk with their
legal professionals, social workers and voluntary companies.
5. Women prisoners ought to be allowed to preserve their youngsters with them.
6. Separate jails must be provided for girls.
7. Special prosecution officers need to be to be had to present the case of girl’s
prisoners.

The government of India, as according to the course of the Hon’ble Supreme Court
Constituted the All-India Model Jail Committee headed via Director popular BPR&D to
put together a version prison guide. In December 2003, the version prison guide so
organized turned into circulated to all the state Governments / UT Administrations for
adoption which will make the superintendence and management of prisons extra
effective. But, with the passage of time, a need turned into felt to revise and replace
the guide to reflect modern-day times.
Therefore, the Ministry of home Affairs constituted a professional Committee in
December 2014 to revamp and replace this manual. The key capabilities of the
updated version jail manual 2016 consist of emphasis on jail computerization, unique
provisions for women prisoners, recognition on after-care services, jail inspections,
rights of prisoners sentenced to loss of life, repatriation of prisoners from overseas,
better awareness on prison correctional team of workers. Ministry of home Affairs vide

20
advisory dated 4th May additionally 2017 counselled the State Governments / UT
Administrations that in order to ensure primary uniformity in jail guidelines and rules,
all States and Union Territories have to revise their present Jail Manuals through
adopting the provisions of the countrywide model Prison Guide, 2016.
A country wide policy on prison Reforms and Correctional administration had
additionally been framed in 2007, which gave a number of directives relevant to
women prisoners – maintenance of human rights of prisoners, keeping off overstay of
undertrials and so on. It similarly states, “women prisoners shall be covered towards
all exploitation. Paintings and Remedy programmes will be devised for them in
consonance with their unique needs.”

Article 21 concerning Environmental Justice

With converting time, the definition of the proper to life continues on converting, it has
now advanced with time and has introduced a more recent attitude. Are you able to
consider your existence in an environment that's full of pollution, where there aren't
any smooth water assets, wherein there is no sparkling air, in which there is no
cleanliness?
An average individual might never conform to stay in these situations, and residing in
these conditions could most effective quantity the literal meaning of residing which
would be equivalent to animal lifestyles and as already mentioned right to existence
does not suggest mere animal life however residing in better humanly dwelling
conditions with right get entry to fundamental needs including clean air and water. And
on this manner, the Right to Easy Environment has been made an essential part of
Article 21 of the Constitution.
In Andhra Pradesh Pollution Control Board Vs. M.V Nayudu, Justice Jagannatha
Rao positioned the Human Rights problems and Environmental troubles on the same
pedestal. He does now not doubt in saying that each Human Rights and Environmental
Rights derive strength from Article 21 of the Charter of India.'
He further observed-
'Environmental concerns bobbing up on this court underneath Article 32 or Article 136
or Article 226 inside the high Courts are, in our view, of identical importance as Human
Rights concerns. Both are to be traced to Article 21 which offers with the fundamental
right to lifestyles and liberty.
While environmental components issue existence, human rights components situation
liberty. In our view, within the context of emerging jurisprudence regarding
environmental subjects, - as it's miles the case in subjects regarding human rights,
this court ought to render Justice through considering all components.'
There are a number of judgments in which the splendid court has proven concern
toward the jurisprudence of environmental matters. The apex court has additionally
held that in cases where someone's right to the enjoyment of pollution-unfastened air
and water is hampered, he can document public interest litigation for the same. This

21
landmark judgment become given inside the case of Subhash Kumar Vs. State of
Bihar.
Another one among its kind judgment in this way became Murli S. Deora Vs. Union
of India, wherein the court docket identified passive smoking as a critical problem and
it turned into held that someone's proper to existence is hampered whilst he's
subjected to passive smoking and is made a sufferer of smoker's act.

Right to smooth Water beneath Article 21

Water has usually been considered sacrosanct and of quite a few significances due to
the fact time immemorial, we find strains of this from our vintage texts together with
the Rigveda, the Atharvaveda and the Yajurveda. It is so vital to human survival that
even the apex court has considered it necessary to understand as a Fundamental
Right. Inside the landmark judgment of Susetha Vs. State of Tamil Nadu, the
supreme court determined that:
'The water bodies are required to be retained. Such requirement is envisaged now not
simplest since the proper to water as also nice life are envisaged under Article 21 of
the constitution of India, however also because the equal has been recognized in
Articles 47 and 48-A of the constitution of India. Article 51-A of the constitution of India
moreover makes an essential duty of each citizen to shield and enhance the herbal
surroundings which includes forests, lakes, rivers and wildlife.'
Further, within the case of Subhash Kumar Vs. State of Bihar, it become held that
the proper to water is a fundamental right beneath the right to life of the Indian charter
and that you may approach the court upon the infringement of the same.
The judgment says like this:
There are numerous cases wherein the difficulty has been raised and where the right
to clean and natural water has been giving significance. One such case is towards
Coca-Cola Kerala state in which the courtroom identified the nation as a trustee to
shield the herbal assets. 'The presiding choose, Justice k Balakrishnan Nair, asserted
that the government had a responsibility to act to shield towards immoderate
groundwater exploitation and the state of no activity of the state on this regard was
tantamount to infringement of the right to existence of the human beings guaranteed
underneath Article 21 of the constitution of India.'
Aside from the constitution, the right to clean water has also taken vicinity within the
Indian Penal Code (IPC) and Tort Law of India and Code of Criminal Procedure.

• Section 277 of the IPC gives

Fouling the water of public spring or reservoir:
Whoever voluntarily corrupts or fouls the water of any public spring or reservoir, to
render it much less healthy for the motive for which it's far in general used, shall be

22
punished with imprisonment of both description for a term which can also expand to
three months, or with best which can also expand to five hundred rupees, or with each.'
even though this provision is narrow in nature because it does not provide follow to
run water resources which includes river or canals. also, there may be a popular
provision beneath section 268 of IPC which defines public nuisance, here this covers
water pollution additionally.

• Underneath the Law of Tort, pollution of water is a tortuous act and is included
below nuisance because it hampers a person's right to health. In the case of
Pakkle Vs. P Aiyasami Ganapathi, the court docket held that rendering a
person's right to water by using making it much less in shape for consuming
and the use of in any way gives upward push to nuisance.
• The Criminal Procedure Code (CrPC), 1973 likewise has a few broad
preparations which cowl pollution exercises. Sections 133 and 144 of CrPC
permit the district or executive magistrate to take brief measures to save you or
subside the poisonous movement of pollutants.
The landmark define of the utility of this example is Municipal Council, Ratlam Vs.
Vardichan. In this example, occupants of Ratlam filed an objection below section 133
CrPC claiming that the location had neglected to maintain the discharge from the
adjacent liquor plant of foul beverages from the overall population and supply sterile
scent on the streets. The SC guided the directed to pursue the statutory duties and
prevent the effluents from the liquor plant from streaming into the road.
Another applicable component to be discussed below this head is the Narmada
Bachao Andolan. The tale of India's 5th largest river has been a hotly debated trouble
wherein the talk arises for sustenance versus improvement. learn how to well known
the rights of people over herbal resources.

Foremost questions that were addressed through the court

docket:
1. What will be the popularity of resettlement and rehabilitation of tribal
people beneath the ambit of Article 21 after the development of this
massive mission?
2. The petitioners contended that elevating the peak of the dam could
submerge a large area underwater.

The petitioners contended that the humans residing around the place of creation and
outskirts couldn't be certainly rehabilitated, this will now not simply have an effect on
their 'right to existence' but may also depart them in difficulties in tough habitat. The
petitioners have been later joined through state of Madhya Pradesh inside the case.

23
The petitioners said a take a look at ought to be finished to examine the estimates for
the value and blessings of the entire task. The SC entreated a professional committee
to study the professionals and cons of the assignment.
In this example, an extended view of Article 21 got here into the image whilst the court
blanketed proper to Rehabilitation in a simply equitable way under Article 21. It has
visible that Article 21 changed into recognized as ideal in an example in which the
disadvantaged people needed rehabilitation and resettlement.
The court observed-
'Water is the basic need for the survival of people and is part of the proper to existence
and human rights as enshrined in Article 21 of the charter of India and can be served
only with the aid of providing a supply of water wherein there's none. The decision of
the U.N.O. in 1977 to which India is a signatory, at some stage in the United Nations
Water Conference resolved unanimously inter alia as all and sundry, whatever their
level of development and their social and economic conditions, have the proper to
have get entry to consuming water in quantum and of a pleasant identical to their
simple desires.'
All of us apprehend water is a necessity and a plain right to absolutely everyone. There
are sufficient ratios and laws for the safety of the same. But the enforcement of those
laws does not handiest lie inside the palms of the authorities however also within the
palms of the public as nicely. We all ought to take care that the allocation of natural
resources takes area in a way which is proper and useful for all. no person individual
has the right to access any natural aid, it belongs to all, we've got stumble upon a
whole lot of times in which human beings are denied in their rights such as in some
traditional societies even nowadays the decrease caste is not allowed to apply the
general public wells. That is sad, herbal assets are for all and sundry to use and
consequently, we as residents need to understand our responsibility towards the
country and towards the society as nicely.

Some Important Steps that should be taken for the Welfare of the
Women Prisoners in India:
Education
The countrywide jail manual offers for various academic centres for inmates,
depending on their aptitude and academic qualification. The education of illiterate
young offenders (18-21 years) is considered compulsory. Prisoners who want to
pursue their formal training must be allowed to get entry to books and examine material
as in step with rules in each country.
Accurately trained academic group of workers and primary facilities including lecture
rooms and libraries need to be supplied in every prison. Every state is likewise
anticipated to formulate and put into effect a jail schooling coverage. Engagement of
inmates in training sports is likewise considered to be an effective approach of
maintaining area inside the prison.
24
Visits by means of NHRC to numerous prisons have found out that primary education
is not universally available to women prisoners. Get admission to higher levels of
schooling is nearly completely lacking. Even in instances wherein libraries exist in jails,
they're in many instances no longer reachable to women inmates.
Education may be an essential factor to help women re-combine efficiently in society
after release. Each prison has to offer instructional facilities to ladies’ inmates. Where
there's a loss of group of workers, NGOs and neighbourhood colleges and colleges
may be roped in to run programmes in prison. In case there are a few knowledgeable
inmates in the jail, they may be advocated to maintain classes for different inmates.
States ought to additionally work to hyperlink jail schooling with mainstream education
structures so gaining knowledge of may be recognized and continued after launch.

Skilling and Vocational Training

Possibilities for skilling and vocational training must be made available in all jails. Its
miles taken into consideration an essential part of reformation. Every State / UT is to
have a clean policy for ability improvement programmes and vocational schooling of
prisoners. A Board of skill development Programme and Vocational schooling is to be
set up at the jail headquarters below the chairpersonship of Inspector general of
Police.
Fair and same wages of women prisoners engaged on this are to be deposited in their
financial institution money owed. The prison administration ought to make certain that
woman inmates are paid at par with male inmates. The financial savings accrued from
operating in jail are often a critical help to girls without delay after their launch.
Numerous vocational Training-cum-Production schemes are presently applied in jails
throughout the country in competencies along with weaving, bakery products,
carpentry, tailoring, textiles, printing book, binding, making tender toys, soaps, phenyl,
stamp pad ink, detergent powder etc. A few large prisons have installation jail
factories, which produce massive scale goods for sale inside the marketplace.
But not all skilling and vocational schooling programmes are well tailored to
marketplace desires. Inmates regularly locate it tough to use many of the abilities for
employment /self-employment once released from jail. The vocational/skilling options
to be had to girl’s inmates have also found to be less marketable or financially viable
than the ones to be had to their male opposite numbers.
Steps should be taken to make sure that ladies’ inmates have get entry to an equitable
number of skilling and schooling options as male inmates.

Legal Aid
Article 39A of the Indian charter presents free of charge legal aid to the poor and
weaker sections of society and ensures justice for all. Article 14 and 22(1) of the
constitution also makes it obligatory for the state to make sure equality before
regulation and a legal system that promotes justice on the idea of same opportunity of
law.

25
As per the Justice A. N. Mulla Committee, prisoners are entitled to the following
rights:

1. Right to effective access to information and all legal provisions regulating

conditions of detention;
2. Right to consult or to be defended by a legal practitioner of prisoner’s choice;
3. Right to access to agencies such as State Legal Service Boards or similar
organizations providing legal services;
4. Right to be informed on admission about legal right to appeal, revision, review
either in respect of conviction or sentence;
5. Right to receive all court documents necessary for preferring an appeal or
revision or review of sentence or conviction;
6. Right to effective presentation of individual complaints and grievances during
confinement in prison to the appropriate authorities;
7. Right to communicate with prison administration, appropriate government and
judicial authorities, as the case may be, for redressal of violation of any or all of
prisoner’s rights and for redressal of grievances.
In furtherance of constitutional provisions, the Legal Services Authorities Act become
enacted by the Parliament in 1987 to set up a national uniform community for imparting
loose and able prison services to the weaker sections of society on the idea of equal
possibility. Under the Act, men and women in custody also are entitled to unfastened
felony services. As in line with the new country wide jail manual, nation governments
are to employ prison-visiting advocates, set up criminal useful resource clinics in each
prison and provide felony literacy training in all prisons to make sure get entry to Legal
Aid to prisoners.
Safety and reformation of women prisoners need to be of maximum importance. It's
miles as a consequence crucial that women offenders be guarded towards exploitation
whilst in prison. In a number of judgments on numerous aspects of Jail
Administrations, the Hon’ble Supreme Court has laid down 3 vast principles:

1. A person in prison does not become a non-person.

2. A person in prison is entitled to all human rights within the limitations of
imprisonment.
3. There is no justification in aggravating the suffering already inherent in the
process of incarceration.
Visits by means of NHRC to numerous prisons have found out that many prisons do
no longer have a legal useful resource cell and only a few prisoners have accessed
legal aid. States should ensure that District and State Legal Service Authorities are
linked to prisons to offer unfastened prison resource and all prisoners need to be made
privy to their rights.

Violence
As according to the national prison manual, no male has to be allowed to enter the
woman ward of the prison except with a valid responsibility, after which he has to file

26
the reason for his go to in his file book. There's to be round the clock obligation of lady
head wardens and woman warders. Ladies’ prisoners have to not be made to leave
their enclosure beneath any situations aside from launch, transfer, and attendance at
court docket or under order of the Superintendent for another legitimate motive.
A female inmate has to be allowed to be followed with a girl relative at some point of
transit from one prison to any other, or from the prison to the court.
The process of looking girl prisoners at the time of admission is to be done with due
regard to decency in a personal area by means of a girl staff member. However, there
are a number of reports in which woman prisoners have mentioned being humiliated
or violated for the duration of this manner.
Incidence of violence inclusive of sexual violence via inmates and authorities has been
mentioned from across the country. But reputable reviews remain underestimated due
to fear in prisoners of retaliation as they're pressured to stay within the equal area as
their perpetrators.
As according to the countrywide prison guide, if a case of sexual abuse or different
varieties of violence confronted with the aid of a prisoner is delivered to mild, she has
to be guided to are seeking prison recourse and lodge a grievance. A prisoner could
make a complaint to the prison officials and in writing inside the complaint container.
Regardless of whether or not she decides to file a formal complaint, she should be
given instant get entry to specialized mental assist or counselling. Prisoners can also
document complaints beneath the Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act, 2013.
Full respect to the privateness of all complainants ought to receive prime significance,
in particular taking into account the danger of retaliation. Notwithstanding these
protections, the Hon’ble Supreme Court recounted sizeable incidence of torture and
abuse in prison via each prisoner and government most recently in 2015, directing
States to put in CCTVs in all prisons and encouraging visits by way of non-reputable
site visitors for inspection.
Prison administrations ought to be extraordinarily strict in handling instances of
violence against women prisoners. Pressing steps must be taken to make sure access
to prison aid and counselling for all lady’s inmates.

Contact with the Outside World

The Hon’ble ideally suited courtroom has reaffirmed the rights of prisoners to hold
contact with the out of doors global. As early as 1979, it said, “visits to prisoners by
way of circle of relatives and pals are a solace in insulation, and best a dehumanized
machine can derive vicarious pride in depriving prison inmates of this humane
amenity”.
The National Jail Manual makes provisions for inmates to engage with own family
members, family and buddies on a fortnightly basis. Inmates are allowed to write down
and obtain letters, meet with people and take telephone calls beneath stipulated hints.

27
The wide variety of interviews is to be liberalized for girl’s prisoners and there have to
in addition be no restrict on incoming letters them. Illiterate/semi-literate women ought
to be provided help in writing letters.
Notwithstanding those provisions, their implementation is suffering from many
elements The social stigma attached to ladies dwelling in jail is regularly so severe
that woman inmates do now not acquire visits or smartphone calls very frequently.
Similarly, because of the low number of prisons ready to house lady prisoners, they're
regularly despatched away to jails at lengthy distances from their houses, making visits
even greater hard.
Jail visits with the aid of NHRC and the country wide Commission for Women display
that many prisons do no longer have waiting rooms and travelling facilities or they may
be too small and noisy, consequently further hampering this proper of prisoners. There
are once in a while no separate touring rooms for women. The big numbers of male
prisoners dominate the overall ready rooms, wherein woman inmates often experience
inclined.
Prison administrations have to work to improve visitation conditions for ladies’ inmates.
The wide variety of phone calls and letters allowed need to be expanded for women.
in addition, girls need to be considered on priority for housing in open jails and lower
protection centre’s wherein interaction with the out of doors global is a whole lot less
difficult.

Children
Children up to the age of six years are allowed to stay with their moms in jail if no
different preparations for his or her care can be made. This age restriction varies from
state to state. As on final count number, a total of 1,597 women inmates are dwelling
in jail with their 1,866 youngsters.
The Hon’ble Supreme Court issued suggestions in 2006 under which youngsters in
jail are entitled to meals, refuge, medical care, garb, education and recreational
facilities as a rely of proper. Before sending a pregnant lady to jail, the worried
government have to make certain that the prison has the basic minimum facilities for
toddler transport, pre-natal and postnatal care.
Pregnant and lactating girls are to be furnished with a better diet as well as centres to
boil water and milk. Gynaecological examinations of prisoners are to be achieved in
District government Hospitals.
As some distance as feasible, besides inside the case of high-threat prisoners,
preparations for transient launch are to be made to enable delivery of kids in a medical
institution out of doors the jail. Suspension of sentence will also be considered in the
case of informal offenders. Further, the Cast Certificate of the kid must not mention
the jail as area of birth to defend them in opposition to social stigma.

28
Awareness on baby development and primary training at the health care of youngsters
is likewise to be supplied to jail team of workers in order for them to reply accurately
in instances of need and emergency. There may be a prescribed food regimen for
kids, that is to be observed strictly and moms are to be supplied with diapers and
different articles wanted for the care of their child.
All youngsters are also mandated to have get entry to training and leisure possibilities.
The country wide jail guide presents for a crèche and nursery faculty in every prison
where youngsters are gift. This is important not most effective for the proper
improvement of the youngsters but additionally to allow their mothers to take part in
schooling, skilling and vocational training programmes of the jail.
As in step with a BPR&D record in 2009, right centres for organic, mental and social
increase of the kid, crèche and recreational centres are not to be had in every prison.
NHRC prison visits screen that during many instances, other than a pitcher of milk, a
good enough unique weight loss program for kids is not constantly provided.
As soon as the kid crosses the age limit, he/she is to be placed in care of the circle of
relatives of the prisoner or in protective custody at the proper kid’s domestic. The
method of elimination of the kid from the mother’s care need to be executed with
sensitivity towards the wishes of the child, and most effective after making sure that
good enough alternative arrangements for the kid were performed.
Spending their formative years in prison will have an excessive poor impact on the
complete lives of children, if no longer sorted well. Jail administration must ensure that
their centres are tailored towards kids residing underneath their care, and those
youngsters should no longer be made to feel like offenders. Linkages can be installed
with NGOs, neighbourhood colleges and paediatricians to ensure children dwelling in
prison have get entry to at the least fundamental services.

Some Ground Realities which have been mentioned and

plotted over here which was reported as a part of a project
namely “Barred – The Prisons Project” which talks about
the Present practical situation of a Women Prisoner which
have been extracted from Relevant and Resourceful
medium:
To match 45 women in a room so small that it desires handiest one bulb and a fan,
says Aparajita Bose, the authorities at Presidency Correctional domestic in Kolkata
came up with a plan: measure the women’s our bodies and assign a snoozing place
simply that size.
Most conversations with human beings who have hung out in jail featured a common
complaint – the whole loss of privacy. “There was by no means any silence. I used to
crave silence, or a second once I felt like no person is asking at me,” Meena* says.

29
She spent 4 years in the Shahjahanpur District jail in a Dowry - related case, later
dropped.
“The buzz of a mosquito to your ear? believe that, however with the sound of grief.
humans crying or complaining, or staffers scolding prisoners that’s all there has been
to listen most of the time.”
There has been a dry duration in 2003, Meena maintains, in the course of which water
inside the prison become extraordinarily restricted. “It became height summer season
however we couldn’t bathe extra than once in 4 or 5 days, and even then, three people
might proportion one bucket of water, nothing changed into your personal there – not
even your bathing time.”
All through her four years in jail, Meena says she had traffic only two times, each inside
the first year of her imprisonment. “My son turned into additionally in jail, in the identical
case. My daughter came once and my brother too. However, it changed into very a
way for them, and a pricey journey. From our village to come and visit me, they would
must travel for seven hours via bus.”
Because there are fewer women prisons in India, women prisoners are regularly
incarcerated some distance far from their houses, so journeys like that of Meena’s
daughter and brother aren't unusual.
Imprisoned girls also endure the brunt of a stigma – they may be visible as legally
however also morally deviant – because of this they're regularly deserted by using
their families.
Rani Dhavan Shankardass, secretary popular of the Penal Reform and Justice
association and president of Penal Reform international, writes in her book of Women
‘Inside’: Prison Voices from India (2020),
“Prisons may additionally classify prisoners according to their felony offences however
a prison’s social grouping, especially in a ladies’ prison, isn't all about legal offences:
it’s about them having crossed the limitations of social and moral taboos set out over
the ages through custom, lifestyle and often religion, and are expected to be a stronger
sanction than the law.”
Similarly, to the normal loss of privateness, Leela* recollects, there was a time whilst
the government at Byculla prison decided to head a step-in addition and install CCTV
cameras inside the girls’ barracks.
“Several folks prisoners adverse this pass – we said if you want to install CCTV
cameras, you ought to do it inside the officers’ places of work, that’s wherein violence
against prisoners and any exchange of cash [as bribes] takes location,” she says. “We
had been satisfactory with the cameras within the out of doors areas and the corridors,
however now not in the barracks. it'd get very hot in the summers, so we regularly
slept with only a few garments on.”
The government noticed Leela as the ‘instigator’ of this protest and moved her to
solitary confinement to punish her. After 5 days, but the issue was given the click’s
attention. “And so, a decide got here to look into the jail, and the government quickly

30
eliminated the piping and other preparations that they had set up for CCTV cameras
inside the barracks.”
It isn’t simply that people are continually looking you in prison, women prisoners tell,
it’s additionally the sensation which you haven't any manipulate over how your frame
could be treated. “On every occasion we get again from certainly one of our court
dates,” Meena says, “we needed to strip completely in the front of the girls’ guards,
and they might position their hands anywhere you could consider. And there’s nothing
you may do. You sense absolutely powerless.”
“It didn’t even matter if girls had been on their duration,” Leela says. “They might be
asked to take off their underclothes, to spread their legs.”
Aparajita Bose spent thirteen years in prison – from 2000 to 2013 – after her husband
turned into murdered, handiest to be acquitted later with the aid of the Calcutta high
court and the Supreme Court. Inside the Presidency jail, where she spent the first 8
years of her incarceration, the women enclosure is within a bigger men’s prison.
Of the 1,350 prisons in India, just 31 are reserved for ladies, and only 15 states and
union territories have separate women jails. everywhere else, woman prisoners are
housed in smaller enclosures within guys’ prisons – a jail inside a jail, so to talk.
The women-best jails have an occupancy price of 56.09%, in step with the National
Crime Records Bureau (NCRB) information for 2019. that is an anomaly due to the
fact India’s jails are infamous for overcrowding. The country’s 410 district jails, for
example, have a median occupancy fee of 129.71%. In December 2019 – the today's
records to be had – women’s jails had the potential to residence 6,511 female
prisoners, but surely housed simplest 3,652. The occupancy fee for girls in other
prisons is higher, at 76.7%, however nonetheless gives the influence that ladies
prisoners don’t actually have a space problem.
The numbers start to appearance very distinct in the state-wise break-up. Facilities in
lots of states are truly very overcrowded – and the country wide average obfuscates
this truth.

31
L: The state-wise occupancy rate of women’s enclosures within larger men’s prisons.
R: The state-wise occupancy rate of women’s-only prisons.
Source: Prison Statistics India, 2019

Incarceration is meant to be a punishment in itself, and the Indian prison system also
claims to consciousness on rehabilitation. but overcrowding in addition to many other
issues come in the way of prisoners’ proper to stay dignified and healthy lives.
“We had been handiest given blankets to sleep on – two each within the summer time
and 6 each in the winter,” Bose says. “But my skin became allergic to the fabric of the
blanket, so I needed to sleep at the ground directly. Prisoners weren’t allowed any
form of mats or mattresses from the outdoor – that turned into visible as too much of
a privilege.”
Among 2000 and 2008, Bose changed into a prisoner in Kolkata’s Presidency
Correctional domestic (West Bengal calls its jails ‘correctional houses’). In 2008, she
changed into moved to the Alipore Correctional home, wherein she stayed till her
release.
In Presidency, the toilet was inside the room she shared with 44 different prisoners.
no longer especially, one massive trouble became the dearth of hygiene and
sanitation.
“People frequently threw their sanitary napkins into the toilet instead of the dustbin,”
she says, and adds nobody cared enough to try and restore this hassle. every month,
menstruating ladies have been given simply 12 sanitary napkins. “if your glide changed
into heavier and you wanted extra, they just gave us gauze bandages and cotton and
we needed to make our own napkins with that. For disposal, there has been just one
bag, and it wasn’t well wiped clean out every day.”

32
Their menstrual hygiene was considered one of many stuff the women prisoners
couldn’t manipulate. because the women’s segment of the Presidency prison changed
into enclosed in the large men’s prison, the women had no say in food provisioning
and cooking either.
“The meals were terrible in Presidency,” Bose recollects – and not simply the flavour.
Over the years, she says, “we observed bugs inside the brinjal and caterpillars inside
the rice”. She notion the food in Alipore Correctional domestic turned into a lot higher.
“There, prisoners advised the superintendent that we need to eat this or that, and food
was made hence with the aid of a unique business enterprise that had been hired.”
According to the NCRB, prisons spend half of the money they get on meals (in 2019,
this fraction became 47.9%). The model prison guide of 2016 has notified the variety
of energy every prisoner must get in line with day: guys, among 2,320 kcal and a
couple of 2,730 kcal in keeping with day, and women, between 1,900 kcal and a pair
of 2,230 kcal according to day. The guide additionally makes unique provisions for
pregnant and lactating women, who, it acknowledges, “want greater proteins and
minerals than [others]”.
The food to be served itself is left to the states, on account that prisons are a ‘country
concern’ in India. But prisoners frequently conflict with each the great and quantity of
food they’re supplied.
On December 26, 2011, undertrial women prisoners in Mumbai’s Byculla prison
determined to do something positive about the watery servings they had been getting
every day. “The Maharashtra prison guide indicates that women prisoners ought to get
fewer rotis (bread) than their male counterparts,” Leela, one of the ladies who
participated in an afternoon-lengthy hunger strike and protest inside the prison, says.
“For a few the quantity turned into okay – but for others, it wasn’t. and the way can the
guidelines discriminate like that?”
On the time, there had been a number of Bengali-talking Muslim girls lodged in the
prison; in line with the nation government, they had crossed over illegally from
Bangladesh. “They didn’t want to consume rotis, they have been very used to
consuming rice,” Leela says. “So, our demand become also that they have to accept
enough rice to devour. Lots of them additionally had their children with them and in
addition they wanted an ok amount of rice.”
The scientific officer on the Byculla jail turned into given a check plate each day, to
decide whether the food that had been cooked become match for prisoners to eat. In
step with Leela, but the prisoners quickly realised that the meals the officer tasted
wasn’t similar to what they were being served. “Unke plate ka khana toh bohot acha
lagta tha, ekdum ghar ke khaane ke jaise (The food on her plate looked surely top,
like a proper home-cooked meal),” Leela says. “But by the time the food reached
prisoners, it become essentially just water” – that’s how diluted the food have been.
Their one-day strike in December 2011 turned into successful, when you consider that
nearly all the women in the Byculla prison participated. And for a few days, Leela says,
the great of food sincerely did alternate for the higher. However, she additionally says

33
there persisted to be pushing and pulling around the issue for the rest of her time there,
until she become released in September 2016.
Aparajita Bose became in jail for thirteen years after being falsely implicated in her
husband’s murder, allegedly because of her in-laws. but in a few approaches, she
nevertheless counts herself to had been one of the luckier ones.
“I had a superb legal professional,” she says, “and it changed into best because of
Jayanta Narayan Chatterjee that I used to be acquitted.”
But whilst she became internal, Bose determined many girls who were there for many
years – and the state appeared to be showing no signs and symptoms of making ready
for their launch. So, after she were given out and got an activity at the Human Rights
Law Network (HRLN), an NGO that offers loose legal resource and promotes legal
literacy, she decided to focus on just these girls, and try to make certain they had been
able to rebuild their lives after they got lower back out.
The women needed assist within the first vicinity due to the fact the sole cognizance
of the jail gadget’s rehabilitative efforts, Bose says, is a vocational education
programme that taught ladies to sew. However, for plenty life convicts, their
households and society weren’t accepting of them. “If you don’t actually have a roof
over your head after being released, what use is vocational education?”
“I have become very attached to some different prisoners, and I understand they too
[were] falsely implicated like me,” Bose says. Chatterjee, her lawyer, is presently
operating with HRLN in a try and have girls prisoners serving extremely long
sentences launched.
A carefully associated issue is the liberty to transport round internal prisons. “At the
least for men, there may be a provision for open prisons,” Bose tells. “If they have
served their 14 years [the minimum duration of ‘life imprisonment’ in India] and proven
desirable behaviour, they are allowed to stay in methods that offer some semblance
of normalcy. However, nothing like that exists for ladies” in West Bengal.
India has had a small wide variety of open prisons in one shape or some other for
nearly a century now. There had been 86 useful open jails in 17 states in 2019. Of
these, best four – Jharkhand, Kerala, Maharashtra and Rajasthan – had ladies housed
in open-prison facilities on the stop of 2019. the first open jail for ladies, at Pune’s
Yerwada valuable prison in Maharashtra, was inaugurated handiest in 2010. The
earliest such facility for men opened in 1953.
Open prisons are meant to permit prisoners a near-normal lifestyles even as
additionally restricting where they’re allowed to stay. ‘Near-regular’ includes get
admission to greater non-public liberties, like the proper to work. In semi-open prisons,
prisoners work in certain areas within the jail complex, but their residing preparations
are frequently less like barracks and greater like homes at the outside. Open prisons
supply prisoners the proper to live with their households and go to paintings as long
as they're returned in their allocated quarters by way of a set time. States make their
personal policies approximately who's eligible for these facilities.

34
While Sunil Gupta, who laboured because the law officer for Delhi’s famous Tihar
prison for extra than many years, retired in 2016, he determined to undertaking the
identical gender inequality that Bose confronts. Tihar had open-jail canters for its male
prisoners however no such aspect for the women.
“Once I worked at Tihar, I idea open prisons for women would be a logistical nightmare,
due to the safety worries,” he says. “After I retired and began working as a legal
professional in the high court, though, it became clear to me that that wasn’t the proper
lens through which to observe this.”
Gupta filed a case in the Delhi excessive courtroom saying the authorities had a
responsibility to treat all prisoners similarly. The excessive court also expressed
displeasure at this inequality, and the authorities subsequently agreed to make bigger
the gadget, inaugurating a women’s semi-open prison in Tihar in 2019.
The Madras High Court docket heard a similar case after an suggest named K.R. Raja
filed a Public Interest Litigation pronouncing the state’s choice to no longer extend
open-prison facilities to women was discriminatory and unlawful. The courtroom yet
again agreed with the petitioner; the bench said the nation’s ‘prison rules’, which
barred women prisoners, transgender prisoners, prisoners who had any other case
pending before a court docket and political prisoners from accessing open prisons,
changed into “unconstitutional”.
In keeping with Gupta, the policies seem to signify at the surface that women prisoners
have greater freedom than their male opposite numbers. As an instance, at Tihar, guys
need to be in their cells from 12 pm to 3 pm each day; ladies however are allowed to
remain in open regions even at these hours.
“Par choot tab bhi men’s segment mein zyaada hai (however certainly there is greater
freedom within the men’s section),” Gupta tells. The areas are larger, there are greater
human beings and there are greater physical activities to have interaction in, like a
recreation of cricket. “For women, sports are commonly kirtan karna (chanting) or
making papad.”
Bose and Leela echoed this factor, saying that within the guise of their ‘vocational
training’, prisons also reinforced gendered notions of the form of work ladies ‘ought to
be’ engaged in that they faced on the outside.
“In case you ask any prisoners in the women segment, they may say they would opt
to be imprisoned within the men’s segment,” Gupta says. “And it’s the same with the
staffers – they could instead work in the men’s segment than in the ladies’ one.”
Leela says a few ladies’ prisons have a rather sombre temper – however ironically,
these prisons also provide greater area to ladies, as there are fewer prisoners. “In the
Byculla prison,” she remembers, “some thing or the opposite become continually
occurring – new humans could be coming in; a person would have a court docket date;
a person would have a mulakat (meeting); there might be singing. Even when humans
have been crying, it changed into a loud event.”
Her time in a Nagpur prison flowed slower. “The space was a good deal larger, but the
temper become very exceptional. The environment of desire that become seen in

35
Byculla, due to the fact the girls had been largely undertrials, was lacking with the
convicted women prisoners in Nagpur.”
Every other visible assessment, Leela says, meditated the unequal improvement in
India. Mumbai is a large city; the girls imprisoned there are greater aware about their
rights and more willing to be vocal approximately them. In Nagpur, most prisoners are
from nearby small cities and villages, and the jail team of workers additionally
strengthened restrictive societal norms. “In Byculla, you’d in no way hear the group of
workers telling the prisoners that we couldn’t put on this or that. However, in Nagpur,
women weren’t allowed to wear denims on jail grounds.”
“I keep in mind one time in Nagpur,” Leela says, “considered one of our fellow
prisoners had a courtroom date. She typically usually wore saris, however that day we
endorsed her to put on a salwar-kurta, due to the fact she in reality desired to. however
earlier than she turned into speculated to go away, the jail officers sent her returned
into the barracks to exchange.”
That authorities don’t treat all prisoners similarly is commonplace information in India.
There had been numerous reports over many years of ways prisoners who've cash
and/or political clout are handled higher. Women prisons are not any one-of-a-kind:
class, caste, religion and nationality have a massive say inside the girls’ ability jail revel
in. As has said, caste hierarchy is so deeply ingrained in Indian prisons that it is written
into states’ prison manuals, on how work in prisons is to be allotted.
While Leela changed into in Byculla jail, one of her fellow prisoners for a time changed
into Jaya Chheda, acknowledged for operating a matka gambling ring (fairly like a
lottery) after she turned into arrested for murdering her husband. And at the same time
as Chheda was inside the women prison, Leela says, she practically ran it.
“Both the personnel and the opposite prisoners handled her otherwise because they
knew she may want to get things performed,” Leela says. other prisoners would ‘serve’
her, together with massaging her frame. The group of workers allowed her to travel
out of the prison frequently, either to the clinic on the pretext of medical care or for her
court docket dates. and she did assist them in return, Leela says – from posting bail
for girls who couldn’t afford it to the use of her smartphone (which prison authorities
let her keep) to get messages out for others.
On the alternative quit of the spectrum from prisoners like Jaya Chheda are prisoners
like Beena*.
Beena became by myself in her room on December 10, 2020, while she heard a
commotion outdoor. She ought to listen her neighbours – many of them sex people
like her – strolling, and someone yelling that the police had been raiding the location.
The police arrested 81 ladies from Nagpur’s Ganga-Jamuna vicinity, the metropolis’s
‘crimson mild district’. Beena says she changed into pulled out of her room by means
of the police, notwithstanding her protests that she become two months’ pregnant. at
the same time as taking the ladies away, a lot of them alleged, the police used both
their sticks and their insults liberally.

36
“Even as on the police station, they saved announcing ‘Yeh randi khana nahi hai [This
is not a brothel]’ and regarding us as ‘randi’,” one in every of them stated. “They didn’t
care that we have been leaving all our property unattended, they didn’t care how they
handled our children or the aged,” any other woman added.
After spending two nights in police custody, the girls had been taken to a COVID-19
quarantine centre, where they would stay for 3 weeks. “The team of workers on the
quarantine centre have been very rude,” Beena remembers. “They saved saying we
have been too dirty – however that they had one bathroom with 3 booths for everyone!
What did they count on?”
In women’s prisons in India, one particular shape of segregation is mandatory: women
arrested below the Immoral traffic Prevention Act (typically known as PITA), 1965,
India’s anti-prostitution law, are to be housed one after the other due to the fact these
ladies – the ones making the regulations consider – may be a ‘terrible have an impact
on’ on others.
This ‘rule’ is likewise written into the Ministry of domestic Affairs’ 2016 model prison
manual – and which serves as an instance of satisfactory practices inside the prison
device for country authorities. Clause 20.04 (iii) of the chapter on women prisoners
reads, “habitual offenders, prostitutes and brothel keepers ought to additionally be
restrained one by one.” In colonial India, the British authorities had categorized sure
indigenous tribes (now referred to as ‘Denotified Tribes’) as ‘criminal by way of birth’.
while the authorities of India legally eliminated this ‘crook’ label, the habitual Offenders
Act, which changed the criminal Tribes Act, continues to be often used by the police
to target and stigmatise this marginalised group. In India, most intercourse people too
come from oppressed castes – and hence the fact that even the ‘model’ prison manual
calls for the segregation of both intercourse workers and ‘ordinary offenders’ points to
the criminal justice device’s persevering with caste discrimination.
PITA doesn’t outlaw prostitution per se however makes keeping and using a brothel,
residing on a profit earned from prostitution, pimping, soliciting, prostitution in a public
vicinity, and many others. illegal.
Beena and the others arrested together with her had been charged beneath PITA in
addition to under the protection of children from Sexual Offences (POCSO) Act. This,
the police say, was due to the fact they “rescued” 8 17-year-antique women from the
location. lawyers, but, have rubbished the expenses: POCSO may be applied
specifically in opposition to the ones who have been determined to be sexually abusing
minors, now not towards an entire neighbourhood.
“You mayn’t say an infant turned into observed right here, so everybody inside the
location is responsible below POCSO,” Nagpur-based totally advocate Nihalsing
Rathod tells. “This is genuinely an absurd case.”
But absurd or not, 81 women which includes Beena discovered themselves in police
custody, and then in a COVID-19 quarantine centre. And ten days after she turned
into delivered to the centre, Beena commenced feeling a sharp ache in her stomach.
She tried to tell the personnel individuals on the quarantine centre, she says, however
they not noted her.

37
In a couple hours, she became bleeding. Her fellow prisoners, who knew she become
pregnant, also knew she wanted immediate medical attention. “We had been calling
for the guards but nobody become coming. There was a CCTV digital camera in the
room wherein we have been being kept, so sooner or later each person stood in the
front of that, waving for help,” one of the different ladies who become saved with Beena
tells.
Subsequently, while assist arrived, all of the guards did change into supply Beena
sanitary napkins to staunch the bleeding. “I was so weak,” she says, “I couldn’t even
argue. I kept asking them to take me to a doctor, but they gave me the sanitary napkins
and left the room. The others had to attend to me, bringing me water and seeking to
make me comfortable.”
Tomorrow, a few 24 hours after Beena first started out reporting her ache, three
policewomen took Beena to a clinical centre close by. the main medical doctor wasn’t
gift as it was a Saturday. Junior doctors carried out “a sonography there and said I had
misplaced the child. They didn’t give me another hospital treatment; I used to be taken
lower back to the quarantine centre. The policewomen said i might be taken for any
other check-up while the principal doctor become gift, but that never passed off.”
After her miscarriage, Beena spent some greater days inside the quarantine centre
and then shifted to the Nagpur primary jail. maintaining with the version prison
manual’s regulations, the intercourse people have been lodged in two rooms far away
from the other prisoners. “We weren’t being judged for our ‘crime’. We have been
being judged for our career,” Beena says, both sad and indignant. “It didn’t count to
them that I was pregnant, due to the fact the kid of a sex employee doesn’t rely. We
don’t healthy their definition of what a lady ought to be like and our children don’t
deserve the identical difficulty.”
Indian prisons have a documented paucity of adequate medical centres. For girls
prisoners who need ordinary appointments with gynaecologists and different
specialists, that is a compounding trouble. The 2016 guide says each women’s prison
have to have medical centres with at the least one girl gynaecologist, however many
districts are yet to put in force this.
A 2018 file from the Union Ministry of women and child improvement stated this trouble
and said, “notwithstanding regulations laid down in respective state manuals, the
bodily and mental health of prisoners regularly suffers. in lots of cases, woman wards
in hospitals and girl medical officials particularly gynaecologists are not available.”
And as in lots of other locations in India, wherein interest to physical fitness is bad,
interest to intellectual health is worse. Incarceration and societal shunning can have
critical effects on all prisoners, specifically women prisoners who also take care of
stigma, but the nation has completed little to help. If something, jail government deal
with all prisoners as though they're mentally properly.
There was a woman imprisoned together with her, Leela says, who suffered from what
gave the impression of dementia. “All day and all night time, she could be crying and
cursing – she couldn’t apprehend what become taking place. However, the personnel
would respond via hitting her due to the fact they idea she turned into being

38
insubordinate. Lekin maarne se kya hota? Woh toh neend mein bhi gaali deti thi (but
how might hitting her assist? She changed into cursing even in her sleep).”
A decade ago, the UN standard assembly adopted the ‘policies for the treatment of
ladies Prisoners and Non-custodial Measures for ladies Offenders’ – commonly
referred to as the Bangkok rules. They give an explanation for why treating female and
male prisoners the equal way doesn’t display ‘equality’. They also spotlight the
importance of taking the situations wherein the alleged crimes have been committed
and the socio-economic backgrounds of those being imprisoned into consideration.
To the volume viable, the rules say, there's a need for alternatives for each pre-trial
detention and submit-conviction sentencing, considering imprisonment is usually
determined to be each useless for and negative toward ladies.
Even though India claims to have a ‘rehabilitative’ crook justice system, it’s but to
discover those options.
If girls are sent to jail, the Bangkok rules impose a few policies and safeguards – like
ok healthcare, humane treatment, preserving dignity during searches and protection
from violence. although India was one of the 193 countries inside the UNGA that
unanimously passed those policies, its treatment of women prisoners falls some
distance behind what the worldwide requirements advocate.
Aparajita, Leela, Meena and Beena come from very distinctive backgrounds, and their
reports of imprisonment vary as nicely. But there’s additionally not unusual ground –
of being a woman prisoner in India, of getting their fundamental human rights curtailed,
of being relegated to a forgotten and kept away from part of Indian society.
Till tales like theirs aren't most effective heard however also taken seriously, discussed
and used to trade how women prisoners are both perceived and handled, it’s unlikely
that the Indian crook justice system could be able to live up to its rehabilitative beliefs.

39
CONCLUSION
The range of ladies in prison in India is steadily developing. a number of problems
plague the lives of ladies in prison, lots of whom are undertrials. Prisons aren't correctly
serving their reformatory motive. There may be for that reason an urgent want to
recognize the troubles of ladies in jail, understand their rights and make sure those
rights are fulfilled.
At the same time as there are some of modern regulations laid down for the welfare
and honest remedy of prisoners, mainly ladies, this doesn't constantly translate into
exercise. Girls face issues associated with lack of lady personnel, inadequate and
cramped lodging, low tiers of sanitation and hygiene, insufficient services to address
physical and intellectual health wishes, deficient vitamins, negligible academic
possibilities and frequently unusable ability and vocational training. Many women who
live with their youngsters do not acquire appropriate instructional, health and leisure
services to raise them properly. Those troubles coupled with a lack of felony resource
in jail, confined contact with the outside global and high incidence of violence by using
inmates and government in addition exacerbate the scenario for ladies. Their re-
integration in society after release is as a result also a large task.
As extra ladies enter the jail system, it's far important to make suitable modifications
in offerings, approaches and infrastructure to cater to their specific wishes. Prisons
stay closed to the outdoor global, as a result making it in addition difficult to make
certain precise situations. It's miles important to permit unbiased and ordinary
inspections so adherence to guidelines is improved.
Prison Administrators and all team of workers dealing with women prisoners ought to
mandatorily undergo gender touchy schooling, that allows you to help them make
higher choices with reference to ladies in jail. They should additionally be touchy closer
to the desires of women belonging to minority communities, disabled women and
foreign nationals so as not to discriminate towards them in any way. A genuine and
responsive criticism redressal mechanism have to be installed vicinity to assist deal
with the violation of rights in jail and supply inmates a method to have a speak with
the administration.
Through improving conditions inside prison, imparting higher assist on launch and
most importantly keeping girls out of formal prison systems as a long way as feasible,
the problem of female illegal activity in India can be higher treated.
Complete and end result-oriented studies should be advocated on this discipline which
shall have a nice impact on policy components and programme improvement, for you
to assist in responding to the social reintegration desires of women offenders greater
successfully.
This take a look at can be used as a primer to understand the circumstance of girls in
jail, and the involved authorities have to take the hints ahead.
This have a look at has been a try to build understanding at the regions for
development inside the jail administration. The reader will probably agree that there
may be a definitive want to reform the in large part male-centric jail system with a
40
purpose to make it powerful to residence and reform women prisoners. Policy makers
and administrators may additionally use this have a look at as heritage studying while
taking decisions on prison reform.
At present, everybody all over the globe face grave environmental troubles. The
continuing deterioration of earth’s ecological reserves poses a severe threat to the
pollution unfastened surroundings. one of the most complex challenges facing our
generation is to preserve an attainable synergy among sustainable monetary
improvement and pollution loose environment. The elements that have contributed
most directly to the excessive stress on the surroundings and herbal assets in India
are: -
1. A doubling of the region’s population over the past four decades, which
tremendously affect the Prisoners.
2. A tripling of economic output, and
3. The persistence of poverty.

The actions are huge and legal manoeuvres stupendous, but lots seems to be but in
keep. The youngsters and the layman have all emerge as endowed with the focus for
a halcyonid surroundings. However, nice outcomes aren't approaching. The prospects
are murky and future is dangerous but pessimism isn't any cult to advise and human
willpower to combat pollutants has to march beforehand undaunted.
In this scenario, India desires a worldwide conflict on environmental degradation that
is as aggressive and nicely - funded as the conflict on terrorism. Extra than ever we
want to take necessary steps to make sure that the environment remains on the
pinnacle of our schedule, doesn’t affect the living of Prisoners in an Indian Jail.

41
SUMMARIZATION OF THIS RESEARCH WITH
THE AVAILABLE LEGAL REMEDIES

Adoption and Implementation of the National Model Prison Manual, 2016 by all
States
1. Prison Manuals of States should align with national standards and be
implemented strictly across all jails in the area.
2. Adherence to prison manuals is currently considered optional in practice, which
should not continue.
3. The process of setting up the Integrated Prison Software System must be
completed expeditiously.
Establishment of National Commission for Prisons
4. Set up National Commission for Prisons as per recommendation of All India
Committee on Jail Reforms (1980- 1983).
Independent, Regular& Thorough Inspections
5. Independent, timely and thorough inspections must be conducted regularly.
6. The Board of Visitors should also be activated to ensure regular visits to
prisons. The nonofficial members of the Board including members of the
Legislative Assembly, nominee of the State Human Rights Commission and
social workers of the District/Sub-Division should be encouraged to visit the
prison at least once a month. The Board of Visitors must contain a certain
percentage of women members to improve the redressal of grievances specific
to women inmates.
7. All reports from official inspection visits by Board of Visitors, DLSAs and State
Commission for Women must be sent to District Magistrate, District Sessions
Judge, SLSA, State Human Rights Commission, State Commission for Women
and State Department of Women and Child Development/Social Welfare. The
recommendations made in the reports must be mandatorily complied with, or
the reasons for non-compliance must be given in a time-bound manner. Such
reports and the recommendation records should be publicly available.
8. State Commissions for Women will follow the comprehensive Prison Visit
Proforma as developed by NCW and submit online reports on this.
Robust Grievance Redressal Mechanism
9. A mahapanchayat should be held atleast once a quarter with the
Superintendent in attendance for the redressal of prisoners’ grievances and
implementation of their suggestions. The practice of fortnighty or weekly ‘nari
bandi sabhas’ (women prisoners’ councils) should also be encouraged.
10. An additional complaint box should be in place for serious complaints such as
sexual abuse, torture etc. which can be opened only by Board of Visitors.

42
 11. A register should be placed at an accessible spot in the prison for submitting
grievances.
12. Apart from the prisoner herself, her legal adviser or family members should be
allowed to make complaints regarding her stay in prison.
13. In case the lady Medical Officer notices signs of torture during examination, she
may, with the consent of the woman prisoner, raise a complaint on her behalf.
14. Prisoners should be able to represent their grievances verbally or in writing
during visits by Board of Visitors, DLSA, State Commissions for Women, District
Magistrate etc., without the presence of prison staff.
15. All official visitors must hold special one-on-one interviews with prisoners away
from prison authorities during inspection visits. The Board of Visitors must
ensure representation of female members.
16. Prisons that house women inmates must have a senior female officer as part
of the Grievance Redressal Committee, which should examine complaints in
an unbiased manner.
17. Women prisoners should further have a chance to raise their concerns to the
Superintendent during weekly parades.
18. In managing the grievance redressal mechanism, steps should be taken to
avoid the risk of retaliation and to ensure that the complaints are not censored.
Special Procedure for Arrest of Women
19. The police official arresting the woman should ideally be dressed in plain
clothes and not their uniform to avoid stigma.
20. Prior to or on admission, women with caretaking responsibilities for children
should be permitted to make arrangements for those children including the
possibility of a reasonable suspension of detention, taking into account the best
interests of the children.
21. The children of the woman arrested must be left in the custody of the person
with whom the woman wishes her child to be, during the period of her
incarceration. The name and details of such person must be given in writing by
the woman, and this must be complied with strictly.
22. In case where no family/friends are available to care for the child and he/she
cannot accompany the mother to prison, the child should be appropriately
placed in a Child Care Institution. It must be ensured that children of the same
woman prisoner are housed together in alternative care.
Searching with Dignity and Privacy
23. Clear guidelines and policies must be made to define the conditions and
modalities of body searches.
24. While searching women prisoners, the least intrusive mode should be adopted
as considered appropriate in the situation. The type of search to be conducted
should be communicated clearly to the inmate and reason for the same should
be explained.
25. Strip searches should be conducted in two distinct steps with upper body and
lower body examined one after the other to avoid complete nudity at a given
time.

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 26. Body cavity searches must be avoided as far as possible.
27. Alternatives to physical and invasive search procedures, such as body
screeners and metal detectors can be considered for use with due regard to
safety and health of inmates.
28. The use of CCTV cameras must be consistent with the dignity and privacy of
women prisoners.
29. A written record should be kept of type and frequency of searches for all
inmates, which should be available for examination by official visitors.
30. All staff involved in the custody, interrogation and treatment of prisoner must be
sensitised on gender-issues, human rights and sexual misconduct. NGOs and
State Commissions for Women can be engaged to conduct workshops for the
same.
Pregnancy and Childbirth in Prison
31. Strict compliance with the Model Prison Manual 2016 must be ensured to make
arrangements are made for temporary release for delivery of children in hospital
outside the prison. Suspension of sentence may also be considered in case of
casual offenders.
32. Information about a woman’s pregnant status should also be made to the Court
that has ordered the detention, to enable the Court to grant bail (where
appropriate) or modify the detention order as deemed necessary.
33. The birth certificate of a child born to a woman in prison should not mention the
prison as place of birth to protect them against social stigma.
34. Pregnant/lactating women, or women who have recently undergone abortion or
miscarriage, should receive a special diet. They must also receive advice on
their health and diet under a programme to be drawn up by a qualified health
practitioner. Medical and nutritional needs of women prisoners who have
recently given birth whose babies are not with them in prison, shall be included
in treatment programmes.
35. Inmates will not be discouraged from breastfeeding their children.
36. Instruments of restraint, punishment by close confinement or disciplinary
segregation shall never be used on pregnant and lactating women.
37. Mothers in postnatal stage should be allowed separate accommodation to
maintain hygiene and protect their infant from contagion, for at least a year after
childbirth.
38. Women prisoners must have access to urine pregnancy test kits, as per their
requirement, free of cost.
39. Pregnant women must be provided information and access to abortion during
incarceration, to the extent permitted by law.
40. Pregnant and lactating women must be given the choice of taking up work
subject to suitability to their health so as to ensure their income generation is
not entirely halted.
Children of Women Prisoners
41. Children, whether living in prison or visiting, will never be treated as prisoners.

44
 42. To the extent possible, prison administration shall strive to create a suitable
environment for children's upbringing which is as close as possible to that of a
child outside prison. E.g. airy room with adequate natural light, minimum
security restrictions, outdoor play area, opportunity to socialize with peers
outside prison if not available within prison etc. The Board of visitors shall
inspect these facilities at regular intervals.
43. Women prisoners whose children are in prison with them shall be provided with
the maximum possible opportunities to spend time with their children.
44. Children shall be provided a special diet and regularly be examined by Lady
Medical Officer at least once a month to monitor their physical growth and
condition of physical and mental health. They should have access to the lady
Medical Officer as per their need.
45. The prison staff must display sensitivity, respect and dignity when searching
children. Body cavity searches should never be applied to children.
46. Ideally, no child shall be admitted into or retained in prison if he/she has attained
the age of six years. Best interest of the child should be the determining criteria
to determine whether and for how long they should stay with their mothers in
prison.
47. It should be ensured that links between such child and mother are maintained
throughout her incarceration. A register recording particular of
guardians/persons in whose custody the children of women prisoners are kept
must be maintained. It should be ensured that the child is returned to her care
on her release from prison.
48. Removal of the child from prison shall be done with utmost sensitivity only when
alternative suitable arrangements have been made for his/her stay. In case of
foreign nationals, removal and alternative arrangements should only be done
in consultation with their consular representatives.
49. Overnight visits for minor children living outside prison to maintain a bond with
their mothers must be allowed at least once every quarter. For this purpose, a
separate area with a positive homely environment must be provided within the
prison for purpose of this stay with the mother. Ensure that children in protective
custody should be allowed to meet their mothers at least once a week.
50. The place of interaction between inmates and their children living outside prison
should be one where easy conversation can take place, in a positive
environment, where physical contact is possible between the mother and the
child.
51. Prisons should provide educational scholarships for children above 6 years of
women inmates. (E.g. In Tihar Jail, Delhi, children of inmates who are from
Delhi are provided educational scholarship of Rs. 3500 for one child and 6000
for two children per month, subject to conditions like income etc. This could be
replicated in other states as well.)
Living with Dignity
52. State prison manuals must be updated and strictly implemented to provide
basic entitlements to all women prisoners including appropriate living quarters,
bedding, toilets, outside area etc.

45
 53. Link prisons to Local Swachh Bharat initiatives, if needed, to construct more
bathrooms and toilets and to carry out repairs.
54. Women prisoners sentenced to six months imprisonment or below should be
issued 3 sets of clothing, 2 towels and 3 sets of customary undergarments. This
number will increase to 5 sets of clothing, 3 towels and 5 sets of customary
undergarments for women sentenced to over six months. Inmates should be
able to choose type of clothing from a set of options as per preference. At a
minimum this should include saree with blouse and petticoat, kurta with salwar
and dupatta, shirt with trouser/long skirt in light colours, but not white.
55. Based on the seriousness of crime and especially for long term inmates,
selected inmates can be organised to live in self-contained units of 8-10
prisoners to provide them a kind of family living experience, with inmates doing
their own cooking and cleaning.
56. Steps should be taken to ensure that undertrials are housed separately from
convicts.
57. It must be ensured that in the case of overcrowding, the excess numbers of
prisoners are to be transferred to another institution/camp, as mandated by the
Model Manual.
58. Prison staff must be sensitised towards the needs of women belonging to
minority communities, disabled women and foreign nationals to prevent any
kind of discrimination against them.
59. A female inmate must be allowed to be accompanied with a female relative
during transit from one jail to another, or from the jail to the court.
60. Prison rules and practices that treat prisoners in a dehumanized way should be
abolished. For example, rules that require prisoners to abstain from singing or
laughing, that consider it an offence to refuse to eat food, or those that allow
prisoners to wear sandals only upon the sanction of the Superintendent, all
need reconsideration.
Maintaining Hygienic Conditions
61. The prison doctor or competent public health body shall regularly inspect and
advise the Superintendent on:
• Quantity, quality, preparation and service of food
• Hygiene and cleanliness of the institution and the prisoners
• Sanitation, temperature, lighting and ventilation of the prison
• Suitability and cleanliness of the prisoners’ clothing and bedding The
Superintendent shall take into consideration the advice and reports
provided and shall take immediate steps to give effect to the same. The
system of purchasing cereals/pulses of the cheapest rate wherever in
vogue, should be discontinued.
62. Sufficient water at a minimum of 135 litres per person shall also be made
available for the use of women prisoners and their children, and those
prisoners, in particular, who are involved in cooking and those who are
pregnant, breastfeeding or menstruating. (Already in the manual. We have
reiterated it in the women’s chapter.)

46
 63. Automation of certain processes can be introduced in kitchens to improve
hygiene standards.

Health & Sanitation

64. Medical examinations of all prisoners must be done periodically with due regard
to dignity and privacy, their right to medical confidentiality, including their right
not to share information and not undergo screening for their reproductive health
history. There should be comprehensive medical check-ups on an annual basis,
regular medical check-ups on a monthly basis and access to a lady medical
officer at all times for check-up, testing, treatment etc. as needed by the inmate.
65. Papanicolaou tests and screening for breast and gynaecological cancer should
be done for women periodically.
66. Physicians shall have daily access to prisoners who are sick, injured or
suffering from other physical or mental health issues.
67. Coverage of jails by interns or final-year medical students may also be done
once a week to ensure medical services to women prisoners.
68. Inmates should have access to female counsellors/psychologists at least on a
weekly basis or as frequently as needed by them
69. In case lady medical officer is not available, prisoner will be transferred to the
nearest medical facility where a lady doctor is available.
70. Fortified food and nutrition supplements must be introduced to meet the
nutritional requirements of women.
71. Foreign prisoners may also be provided with added food provisions to meet
their dietary requirements.
72. Sterilized sanitary pads should be issued free of cost to women prisoners as
per their requirements with no maximum limit.
73. Train women prisoners to produce low-cost sanitary napkins for use in prisons,
as well as for sale outside.
74. Linkages may be established with NGOs, if needed, to distribute sanitary
napkins in jails free of cost.
75. Contraception should be available in prison, taking into account that
contraceptive pills are not only used to prevent pregnancy, but also to treat
other gender specific conditions, such as painful menstruation.
76. Telemedicine and jail collection of samples for routine testing may be done.
77. Every prisoner who is not employed in outdoor work shall have at least one
hour of suitable exercise in the open air daily if the weather permits. Adequate
equipment and space should be provided for this purpose.
78. In case a prisoner falls ill, her spouse/other relatives should be informed about
her illness and removal to a hospital for treatment.
79. Separate accommodation must be provided to prisoners for health purposes.
80. Information about preventive measures for HIV, STDs or other gender-specific
diseases must be provided. This could also be done through peer-based
education.

47
 81. The dealing staff must undergo mandatory training in gender-specific needs of
women, first aid and basic medicine to tackle emergencies and minor issues
effectively.
82. Medical support must be extended to women inmates even after release to
ensure continuity of care.
Mental Health
83. Inmates should have access to female counsellors/psychologists at least on a
weekly basis or as frequently as needed by them.
84. First-time offenders must especially be counselled on admission, to prevent
recidivism.
85. Steps should be taken to ensure that women prisoners with mental health
issues are transferred to appropriate facilities rather than being kept in prison.
Maintaining Contact with the Outside World
86. The prison inmates shall be awarded opportunity as prescribed in the rules, to
have a reasonable contact including visits, telephone contact, electronic
communication contact, interviews through video conferencing and
correspondence with the family inside the prison. In case of women prisoners,
these privileges shall not be made contingent on her good conduct.
87. The number of phone calls and letters allowed should be increased for women.
88. Since women prisoners often come from a history of domestic abuse and
violence, they must be properly consulted as to who is allowed to visit them in
prison.
89. Video conferencing facilities must be provided to foreign inmates for contact
with their family.
90. When deciding on the prison to which the woman is to be sent, regard should
be had to her caretaking responsibilities if she has a child, and as far as
possible, the woman must be given the choice of selecting the prison.
91. Women prisoners convicted for petty crimes should be given the right to vote
so as to not completely divorce them from the larger political process of the
country.
Education
92. Educated inmates may be encouraged to teach other illiterate inmates.
93. Prison education must be linked with mainstream education systems so that
learning in prisons may be recognised and continued post-release.
Skilling & Employment
94. Female inmates should be provided with the same skilling opportunities as
men. Marketability and profitability must be considered before selecting the
modules.
95. The participation of women prisoners in non-traditional employment should be
encouraged. E.g. Laptop and Mobile repairing, computer data entry, etc.
96. Government skilling programmes can be leveraged to provide services within
prison premises.

48
 97. Linkages may be established with NGOs and CSR initiatives to run
programmes in prison and for placement after release.
98. Jail factories should be set up in jails, to enable prisoners to make products that
may be sold in the market.
99. Link Government schemes such as DAY-NRLM, DAY-NULM, Skill India and
Digital India as well as CSR and NGO programmes to the prison system to
ensure delivery of quality services and opportunities for post-release
employment.
Legal Aid & Awareness
100. States should ensure that District and State Legal Service Authorities
are linked to prisons to provide free legal aid.
101. Inmates must be provided adequate opportunity, time and facilities to be
visited by and to communicate and consult with a legal adviser of their own
choice or a legal aid provider, without delay, interception or censorship and in
full confidentiality. Consultations may be within sight, but not within hearing, of
prison staff. Denial of meeting with the lawyer should never be used as a
disciplinary measure by the prison staff.
102. In cases in which prisoners do not speak the local language or have
sensory disabilities, the prison administration shall facilitate access to the
services of an independent competent interpreter. Foreign inmates must be
provided with translators to help them communicate with prison officials,
lawyers and other inmates for easy understanding of rules and procedures and
to communicate their grievances and complaints easily.
103. Inmates must be allowed to keep all their case-related documents with
themselves to know the progress of their case and be able to effectively
participate in the legal process.
104. Lok Adalats may be held in prisons for delivery of speedy justice
especially in cases of petty or non-violent offences.
105. Video-conferencing with lawyers may be provided with proper
monitoring mechanisms such as keeping an attendance log for the use of video
conferencing facilities by lawyers, and decisions to renew Legal Aid panel
membership being dependent on evaluation on such metrics.
106. Some women inmates may be trained as Para Legal Volunteers to
support other inmates in understanding their case details and their entitlements.
107. All legal rights of the prisoner will be explained to them on admission in
a language they can understand.
108. Awareness must be provided to inmates about their rights and remedies
under the law through workshops and adequate linkages with NGOs, State
Commissions for Women, law colleges etc. They must be encouraged to visit
legal aid cells.
109. Legal aid work must be incentivised to encourage more lawyers to take
it up.
110. States must curb the malpractice of legal aid lawyers demanding money
from inmates for taking up their cases with stern action.

49
 111. The respective consulates/embassies of foreign nationals must be
informed about details of their incarceration and contact must be established
with the inmates appropriately.

Reintegration in Society
112. A comprehensive after-care programme covering employment, financial
support, regaining of child custody, shelter, counselling, marriage assistance,
continuity of health care services etc. shall be put in place for women prisoners.
113. Voluntary women’s organisations should be encouraged to work in
collaboration with government agencies on various projects, including
organising release of women on bail and establishment of After-Care Homes
for released prisoners.
114. Released Prisoners’ Aid Society should be set-up in every district, to
provide single-window assistance for rehabilitation of released women
prisoners.
115. Counselling of family members and employers must be done to
adequately receive the woman after release.
116. Prison authorities should liaise with local police to ensure released
prisoners are not harassed by them due to the attached stigma.
117. The police personnel arresting women offenders, as well as the female
escorts accompanying women to their homes on release must be dressed in
ordinary clothes and not their uniform, to avoid stigma.
118. At least one voluntary organisation should be designated in each district
to help with integration of released prisoners.
119. Provisions must also be added to support women in regaining child
custody and in providing them with appropriate documents and identification
papers to help them find suitable employment and residence.
120. Aadhar cards must be made for all inmates, especially for mothers and
infants to enable them to become beneficiaries of various government welfare
schemes.
Release of Undertrials
121. All States should activate the provisions available for release of
undertrials on an urgent basis.
122. Undertrial Review Committees must be operationalised effectively.
123. The cases of those women to whom bail has been granted, but who are
unable to furnish sureties due to lack of family support must be brought up by
the DLSA regularly in the quarterly meetings of the Undertrial Review
Committee.
124. Prisoners wanting to appeal for their release should be facilitated to start
this process through the legal aid cells in prison.

50
 125. Bail should be granted to women undertrials if they have spent one-third
of their maximum possible sentence in detention.
126. A maximum time frame may be decided for release of women prisoners
after bail is granted but surety is not produced.
127. Awareness should be generated on the rights of undertrials so family
members/relatives of undertrials may also assist them in securing an early
release.

Non-Custodial Measures
128. Alternative punishments to imprisonment (such as community service,
housing in shelters run by independent agencies, admission to rehabilitation
facilities etc.) should be considered for women offenders should be given
priority, especially in the case of non-heinous and nonviolent crimes committed
by women. Imprisonment should be considered as a last-mile measure.
129. The condition under Section 433A of the CrPC, which does not allow a
person to be released until he has served out at least 14 years of his sentence,
in cases where he has been sentenced to life imprisonment for an offence in
which death is a punishment, or where his death sentence has been commuted
to life imprisonment should not apply to women.
130. Mechanisms such as bail, plea-bargaining, free legal aid, non-penal
fines, probation etc. can be considered to help avoid incarceration of women.
131. Within the prison system too, women should be preferred for
incarceration in open jail facilities and decisions regarding early release and
parole should be taken more favourably towards women.
132. Alternatives of conditional discharge, victim-offender mediation and
other such measures may be considered.
Hire Adequate Staff
133. Appoint sufficient prison staff, especially female staff for providing basic
entitlements to woman prisoners.
134. As a temporary measure, linkages may be established with female
doctors, gynaecologists, ANMs, counsellors, teachers and other local NGOs to
provide basic services to women inmates.

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LIST OF SOME OF THE IMPORTANT CASE LAWS
AND PREFERRED REFRENCES

1. Constitution of India
2. CrPC
3. IPC
4. National Human Right Commission
5. Conference on Elimination of All Types of Discrimination Towards
Women (CEDAW)
6. National Legal Service Authority
7. Sunil Batra Vs. Delhi Administration
8. R.D. Upadhyay Vs. State of A.P. and Ors.
9. T.K. Gopal Vs. State of State of Karnataka
10.Rahmath Nisha Vs. The Additional Director General of Prison and Ors.
11.Kharak Singh Vs. State of U.P.
12.Bandhu Mukti Morcha Vs. Union of India
13.Maneka Gandhi Vs. Union of India
14.M.P. Sharma Vs. Satish Chandra
15.Justice K.S. Puttaswamy (Retd.) and Anr. Vs. Union of India and Ors.
16.Adoption & Implementation of National Model Prison Manual (State
wise)
17.Manual of Ministry of Home Affairs
18.Report of National Commission for Prisoners
19.Model Jail Manual
20.Version Prison Manual
21.All India Prison Guide Committee Report
22.Working Institution on Prisons Report
23.All India Prison Reforms Committee Report (Mulla Committee)
24.R.K. Kapoor Committee Report
25.Justice Krishna Iyer Committee Report
26.Andhra Pradesh Pollution Control Board Vs. M.V. Nayudu
27.Subhash Kumar Vs. State of Bihar
28.Murli S. Deora Vs. Union of India
52
 29.Susetha Vs. State of Tamil Nadu
30.Pakkle Vs. Aiyasami Ganapathi
31.Ratlam Vs. Vardichan
32.Human Rights Law Network (HRLN)
33.National Crime Records Bureau (NCRB)
34.Special and Local Laws (SLL)
35.Women Commission of India
36.Jail Act, 1894
37.Prisoner’s Act, 1900
38.Identification of Prisoner’s Act, 1920
39.Trade of Prisoner’s Act, 1948
40.Switch of Prisoner’s Act, 1950
41.Prisoner (Attendance in courtroom) Act, 1955
42.Probation of Offenders Act, 1958
43.Repatriation of Prisoner’s Act, 2003

And Few More ……….

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