Tihar Prisons in
collaboration with the Bureau of Police Research and Development, Commonwealth
Human Rights Initiative and Delhi School of Social Work, University of Delhi organised
a one-day
seminar on 23 September 2017 at NDMC Convention Centre, Sansad Marg, New Delhi
to discuss issues concerning the prison system and prisoners’ rights.
The event ‘Beyond Prison Walls - Conversation on Prisoners’ Rights’ was envisioned as a space
to build relationships at the intersection of criminal justice between people
behind bars and those who govern the system.
Mr. Sudhir Yadav, Director
General, Departm
Mr. Sanjoy Hazarika,
Commonwealth Human Rights Initiative (CHRI) Director, said at the inaugural session, “The aim of the seminar is
to focus on the socio-economic impacts of detention and sensitising
functionaries to pledge against injustice. The seminar seeks to raise public consciousness on
issues plaguing the system and encouraging dialogue on pre-trial and post-release concerns.”
Dr. Meeran C. Borwankar, Director
General, Bureau of Police Research and Development (BPR&D), claimed that; Prisoners
have the same human rights as citizens and prison administration has to be
alive to this fact. Open and transparent prison administration supported
by civil society leads to reformation and rehabilitation of prisoner."
Dr. Neera Agnimitra, Professor
and Head, Department of Social Work, said, “the domain of correctional
social work is ever expanding in the contemporary context. The judiciary has time and
again asserted the imperativeness of the role of social workers, especially in
the prison setting. The Department of Social Work, University of Delhi,
hopes that this seminar shall foster an extensive engagement of the relevant
spectrum of stakeholders to create a meaningful discourse in the field of
prisoners’ rights
and prison reforms.”
The inaugural session saw
speeches by our chief guest—Dr. Justice B.S. Chauhan, Chairman, Law Commission of India, who
stressed that “after
being convicted, a person does not cease to be a citizen of India. He still has rights”. Speaking on bail, he said
that the privilege of the rich in criminal procedure must be ended,
particularly in light of Article 21 (life and liberty) and Article 14 (non-discrimination) within the Indian
Constitution.
Our second chief guest, Mr. Manish Sisodia, Deputy
Chief Minister of Delhi, began by welcoming the inmates present, addressing
them as dignitaries, and spoke of the importance of dignity for all individuals. He said he would take the
recommendations of this event forward. He also congratulated CHRI and its work in this area,
which he became acquainted with as a journalist and as a social activist.
The first-half of the day witnessed
a panel discussion on existing bail provisions and practice; the amendments
proposed by the Law Commission recently and the challenges in implementation of
the provisions and the way ahead. Undertrials constitute more than two-third of the prison
population in the country defying the principle of ‘Bail is the rule, Jail an
exception’
“There
have been detailed conversations on the need for risk assessment, its time we
start talking about benefits to society by granting bail,” said a Tihar inmate in the
second half of the seminar, inmates interacted with authorities, civil society
and media. This
helped in providing a platform for prison inmates to voice their concerns in
their own words; for long, many have spoken for them.
Based on preliminary
discussions with inmates, three main issues were identified. These are -
“Kya israat ki subah hogi” – First Day in Prison
The first day in prison is probably the most challenging for most inmates. The sense of being lost, alone and without hope dominates. The session tried to address questions like - What would give them comfort? What safeguards are guaranteed to them? What kind of psychological and emotional condition are they at this stage?
“Kya israat ki subah hogi” – First Day in Prison
The first day in prison is probably the most challenging for most inmates. The sense of being lost, alone and without hope dominates. The session tried to address questions like - What would give them comfort? What safeguards are guaranteed to them? What kind of psychological and emotional condition are they at this stage?
“Hamara sangharsh yahan bhi” – Issues Concerning Women
and Children inside Prisons.
Women inmates are acutely vulnerable. The weak socio - economic court. Often without the support from their families. The conditions of women impact their life behind bars as well. Limited education and forced dependency makes it even more difficult for them to undergo a trial, deal with lawyers, and understand what happens in court. This requires special considerations regarding their mental health needs.
Women inmates are acutely vulnerable. The weak socio - economic court. Often without the support from their families. The conditions of women impact their life behind bars as well. Limited education and forced dependency makes it even more difficult for them to undergo a trial, deal with lawyers, and understand what happens in court. This requires special considerations regarding their mental health needs.
The session was moderated by India’s leading prison
rights activist and Head of the Department of Journalism, Lady Shri Ram
College, Dr. Vartika Nanda Panelists in this session were: Assistant
Superintendent, Tihar, Ms. Jyoti Chaudhary, Superintendent, Asha Jyoti Home
& Female Beggar Home, Department of Social Welfare, Ms. Priyanka Yadav;
Delhi High Court, Advocate Anu Narula; Director, India Vision Foundation, Ms.
Monica Dhawan; Delhi School of Social Work, Prof. Mali Sawariya and women
inmates.
“Ekdusra mauka” – Lack of Opportunities
After Release and Addressing Social Stigma
Having spent crucial years of their life in prison, life post-release can be very
challenging. The
mental and physical impacts of incarceration and the social stigma attached
ensures that their ‘punishment’ goes beyond prison bars.
The session dealt with issues like- What would give them the confidence to face the challenges post release- prison addressing issues of social reintegration? Would society be ready to accept them? How can civil society help?
The session dealt with issues like- What would give them the confidence to face the challenges post release- prison addressing issues of social reintegration? Would society be ready to accept them? How can civil society help?
Justice Madan B.Lokur, Judge, Supreme
Court, said when he first visited Tihar jail in 1993-94, the condition of Tihar
was "very bad." "I have visited it again
twice, and I found lots of improvements."
He highlighted the
importance of video conferencing, saying that it could be used more effectively
by connecting prisons with courts, legal services authorities and other
agencies of the criminal justice system. "All the jails in India
should have video-conferencing
facilities.There
are about 1,400 jails and courts are much more in number. We are trying to install
video conferencing units in all jails," he said.
The second point, he
raised, was of legal aid anomalies. He stressed on "quality legal aid"
and said that the need for
regular interaction between inmates and lawyers is extremely important."
He also raised the matter of undertrial review committee, which he said, needs to conduct meetings every month and he hoped that it would lessen the burden on the jails, which are really overcrowded.
He also raised the matter of undertrial review committee, which he said, needs to conduct meetings every month and he hoped that it would lessen the burden on the jails, which are really overcrowded.
The seminar had
representation from the various agencies of the criminal justice system,
including judicial officers, lawyers, prosecutors, government and police
officials, media and legal aid functionaries.
Dr Vartika Nanda also
presented her book on prison reforms, Tinka
Tinka Dasna, to both Justice Madan B.Lokur, Judge, Supreme
Court and Shri Sudhir Yadav, DG, Tihar Prisons, at the end of the seminar.
Tinka Tinka is a unique series on prison reforms founded and run by Vartika
Nanda.
