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Paper Details
Paper Code: AIJACLAV2RP2024
Category: Research Paper
Date of Submission for First Review: May 16, 2024
Date of Publication: December 11, 2024
Citation: Riya Maurya & Nandini Sinha, “Silent Suffering: Unveiling the Epidemic of Violence against Women in Correctional Facilities", 4, AIJACLA, 12, 12-31 (2024), <https://www.aequivic.in/post/silent-suffering-unveiling-the-epidemic-of-violence-against-women-in-correctional-facilities>
Author Details: Riya Maurya, Student, Apeejay Stya University, Haryana &
Nandini Sinha, Assistant Professor (Law), Apeejay Stya Univer-sity, Haryana
Abstract
This research paper delves deeply into the widespread problem of violence experienced by women in correctional facilities. The study uses a comprehensive literature review to shed light on the various manifestations of violence, which include physical and sexual abuse, mental harassment, and systemic neglect. It focuses on the complex intersections of gender, race, and socioeconomic status, revealing how these dynamics exacerbate the vulnerabilities of women in prisons and correctional facilities.
Historically, women have been subject to gender-based violence since time immemorial. In recent years, the problem of women being subject to custodial violence, particularly sexual violence, has grown exponentially. This study aims to suggest reforms and identify patterns, root causes, and the long-term impact of violence on the mental and physical well-being of incarcerated women. Furthermore, the study evaluates the efficacy of current measures and institutional policies addressing violence in correctional settings. It investigates the role of prison staff, systemic structures, and prevailing societal attitudes in perpetuating violence against women in prison.
Finally, this study contributes to the ongoing discussion about gender justice in prison administration and the criminal justice system. By exposing the silent suffering of women in correctional facilities, the study seeks to suggest policy reforms, and better implementation, raise public awareness, and advocate for more compassionate and equitable treatment of female inmates.
Keywords
Violence against Women, Correctional Facilities, Gender Vulnerabilities, Prison administration and Gender Justice;
Introduction
Throughout history, the concept of imprisonment as a punitive measure has evolved significantly. Prisons are no longer considered only as institutions for punishment, but rather as opportunities for criminal reform and rehabilitation, both in India and across the world. This paradigm shift is not by chance; it represents a profound realisation of the possibilities for constructive development among persons who have committed crimes against society. The use of imprisonment as a form of punishment has developed over time. Prisons are now considered in India and the rest of the world as places for criminal reform rather than simply a tool of punishment. The Hon’ble Supreme Court has recommended a “therapeutic approach...as an effective method of punishment."[1] Ministery of Home Affairs prison management advisories have emphasized the need for a good jail environment, stating that "the atmosphere of prisons should be surcharged with positive values, and inmates should be exposed to a wholesome environment with appropriate opportunities to reform themselves.” [2]
“a prisoner is required to be treated as a human being entitled to all the basic human rights, human dignity and human sympathy”[3]
A widespread and upsetting reality that takes place in the sometimes ignored world of correctional facilities is the silent suffering that happens to women who are victims of assault. At the same time, they are housed in these institutions. The research, the results of which are summarised in the publication "Silent Suffering: Unveiling the Epidemic of Violence against Women in Correctional Facilities," takes a critical look at the complex problem that affects female prisoners. This study aims to highlight the vulnerabilities that are made worse within the penal system through a complex interaction of systematic neglect, physical abuse, and the intersections of gender, race, and socioeconomic class.
The current research investigates the concealed violence experienced by women in correctional facilities, demonstrating the efficacy of preventive initiatives and regulations. It analyzes prison officials' responsibilities, systemic structures, and social attitudes, contributing to gender justice debates and advocating for policy reform and public awareness.
I. METHODOLOGY:
This study analyses female inmate case studies using qualitative as well as quantitative techniques, drawing on data from NCRB reports, 2016 Ministry of Women and Child Development papers, and other sources. It seeks to identify trends, underlying causes, and the long-term repercussions of abuse on the mental and physical health of imprisoned women.
II. THE OBJECTIVE OF THE PAPER:
This paper examines the condition of women in prison in India, aiming to understand their entitlements, issues, and resolution methods. It seeks to identify trends, underlying causes, and the long-term impact of abuse on their psychological and physical health.
III. BACKGROUND:
In India, the legal framework governing prisons has undergone significant changes to align with contemporary notions of justice, human rights, and rehabilitation. The Prisons Act of 1894, a colonial-era legislation, initially shaped prison administration, focusing primarily on discipline and confinement. However, recognizing the need for comprehensive reforms, the Model Prison Manual of 2016 was introduced to guide states in updating their prison practices. This manual emphasizes the reformation and rehabilitation of prisoners, incorporating modern approaches to correctional facilities.
The Women's Prison Act addresses the unique needs of women in prison, providing specialized accommodation, healthcare, and vocational training. The Indian judiciary, particularly the Supreme Court, has made significant decisions prioritizing prisoners' rights, improved living conditions, and fair treatment. These rulings align with the Indian Constitution's principles of human dignity. However, challenges persist, and ongoing legal reforms are needed to address rehabilitation and well-being of incarcerated individuals. The evolving legal framework reflects societal commitment to justice, human rights, and prisons as spaces for reform and reintegration.
1. The Prisons Act Of 1894[4]
The Prisons Act of 1894 is a significant legislation in India that safeguards inmates' rights in correctional facilities. It focuses on maintaining discipline and order, but also includes safeguards for inmates' fundamental rights. Section 31 mandates that all prisoners receive food, clothes, and bedding that meet certain criteria, while Section 37 guarantees access to medical services and isolation of convicts with infectious diseases. The Act also establishes rules governing sanitation and ventilation in jail cells, emphasizing the importance of maintaining humane conditions.
The Act also ensures inmates have the right to interact with legal counsel and family members, safeguarding their rights to legal representation and familial ties. Over time, judicial interpretations and amendments have played a crucial role in shaping our understanding of and commitment to protecting inmates' rights.
The Prisons Act of 1894 is a seminal piece of legislation in the context of prison administration in India, laying down the fundamental framework guiding the treatment of prisoners across the country. It encompasses principles essential to ensuring the well-being and dignity of all inmates, including provisions for reasonable living conditions, adequate medical facilities, and protection from inhumane treatment.
In contemporary practice, many states have implemented gender-specific policies within the broader framework of the Prisons Act, addressing issues such as gender-sensitive accommodations, reproductive health, and vocational training for women offenders.
2. The Model Prison Manual[5]
The Model Prison Manual is a modern guide for India's prison administration, introduced in 1988 and updated in 2016. It emphasizes a shift from punitive to rehabilitative and humane practices, focusing on living conditions, healthcare, vocational training, and rehabilitation programs. The manual emphasizes respecting prisoners' rights and dignity, aligning with constitutional principles. It advocates for classification based on security risk and providing educational and skill development opportunities for reintegration into society upon release. The manual serves as a benchmark for improving the prison system and ensuring humane treatment of inmates.
The Model Prison Manual also addresses the unique issues faced by women prisoners. Introduced in 2016, it provides guidelines for prison management and emphasizes rehabilitation and reform. It specifically addresses the needs and vulnerabilities of women inmates, emphasizing the creation of a gender-sensitive environment with specialized facilities, healthcare, and vocational training tailored to their needs. The manual acknowledges the importance of treating female inmates with dignity and respect, moving beyond a punitive approach to one that considers their holistic well-being.
V. THE UNDERLYING PROBLEM:
Correctional facilities, envisioned as spaces of rehabilitation and reform, paradoxically harbour a troubling and insidious epidemic - violence against women. The very institutions meant to correct behaviour and reintegrate individuals into society often become breeding grounds for physical abuse and systemic neglect. This paper aims to shed light on the harsh realities faced by incarcerated women and the intricate intersections of gender, race, and socioeconomic status that intensify their vulnerabilities within the correctional system.
Correctional facilities often lack rehabilitation, with violence against female inmates being a common issue. Physical abuse, verbal harassment, and assault are common, perpetuating a cycle of suffering rather than correction. The environment should facilitate reform but instead becomes a source of trauma. Systemic neglect, including inadequate healthcare, substandard living conditions, and a lack of access to resources, further exacerbates the challenges faced by incarcerated women. This gendered impact is particularly evident for women with unique health needs, who navigate a system that fails to adequately address their physical and mental well-being.
The correctional system's gender, race, and socioeconomic status significantly affect women's vulnerability in prison. Violence experiences vary, with marginalized inmates facing additional challenges. Understanding the unique challenges faced by incarcerated women requires a holistic approach. The prevalence of violence in correctional facilities raises questions about the effectiveness of current approaches. The root causes of violence are not just individual acts but a systemic failure that requires a comprehensive and compassionate response. The gender-specific impact of violence is urgent, as female inmates face further marginalization. Understanding these unique challenges is crucial for justice and rehabilitation within the correctional system.
In conclusion, the paper aims to expose the hidden epidemic of violence against women in correctional facilities, emphasizing the urgent need for reform. By unraveling the harsh realities faced by incarcerated women and acknowledging the intersections of gender, race, and socioeconomic status, it seeks to prompt a critical examination of the current state of correctional systems. Only through such awareness and analysis can we hope to pave the way for a correctional environment that genuinely fosters rehabilitation and addresses the unique needs of all individuals, irrespective of their gender or background.
1. Issues faced by women in correctional facilities:
Incarcerated women face numerous challenges within correctional facilities, including violence, abuse, inadequate healthcare, overcrowding, separation from children, limited educational and vocational opportunities, discrimination, mental health challenges, reproductive rights, limited legal resources, and lack of reentry support. The confined and hierarchical nature of prison environments can create a breeding ground for predatory behavior, leading to women becoming targets of abuse from fellow inmates and staff.
Inadequate healthcare services, such as limited reproductive healthcare, mental health support, and medical resources, can have severe consequences on their well-being. Overcrowded prison facilities contribute to stress and tension, forcing women to share small and unsanitary living spaces, increasing the risk of health issues and conflicts among inmates. Separation from children can be emotionally distressing, and the lack of family-friendly policies and support systems further complicates the difficulties faced by mothers behind bars.
Limited educational and vocational opportunities, discrimination, mental health issues, and limited legal resources can hinder successful reintegration into society after release. Mental health issues, reproductive rights, and legal representation can also be compromised. The prison environment can exacerbate mental health issues, leading to wrongful convictions and inadequate legal defense. Lack of reentry support can result in high recidivism rates among female ex-offenders. Addressing these issues is crucial for a more equitable correctional system.
2. Legal framework to deal with these issues
The legal framework governing issues faced by women in prisons is multifaceted, encompassing various laws, regulations, and international standards. Some of the key components of this legal framework include:
2.1. International Standards:
United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules): These rules provide guidance on gender-responsive treatment of women in the criminal justice system, emphasizing alternatives to imprisonment and addressing the unique needs of women prisoners.
2.2. Constitutional Protections:
Constitutional Safeguards: In many countries, including India, constitutional protections against discrimination and the guarantee of fundamental rights apply to all citizens, including incarcerated women. These protections form the basis for legal challenges against human rights violations within prison settings.
2.3. Specific Legislation for Women in Prisons:
2.3.1. Prisons Act and Model Prison Manual: Legislation such as the Prisons Act and the Model Prison Manual (or equivalent guidelines) outlines the rights and responsibilities of prisoners. Although historical, these laws provide a framework for addressing issues such as living conditions, healthcare, and disciplinary measures.
2.3.2. According to the State List in the Seventh Schedule of the Indian Constitution, State Governments are responsible for all issues concerning prisons, reformatories, borstal institutions, and other institutions of a similar nature, as well as persons detained therein; arrangements with other States for the use of prisons and other institutions. The laws that govern incarceration include the following:
● Indian Penal Code, 1860 (and Bharatiya Nyaya Sanhita Bill, 2023)
● Prison Act, 1894
● Prisoner’s Act, 1900
● Identification of Prisoner’s Act, 1920
● Exchange of Prisoner’s Act, 1948
● Transfer of Prisoner’s Act, 1950
● Prisoner (Attendance in Court) Act, 1955
● Probation of Offenders Act, 1958
● Code of Criminal Procedure, 1973 (and Bharatiya Nagarik Suraksha Sanhita, 2023)
● Repatriation of Prisoner’s Act, 2003
● Model Prison Manual, 2003
● Model Prison Manual, 2016
2.4. Human Rights Legislation:
Human Rights Instruments: Various international human rights instruments, such as the International Covenant on Civil and Political Rights (ICCPR) and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), provide protections against torture, inhuman or degrading treatment, and the violation of human rights within correctional facilities.
2.5. Reformative Legislation:
Correctional Services Act: Legislation specific to correctional services often outlines the principles of rehabilitation and reform. Such laws may guide the development of programs aimed at education, vocational training, and mental health support for incarcerated individuals, including women.
2.6. Family-Friendly Policies:
Maternity Benefit Acts: While not specific to prisons, broader legal frameworks such as maternity benefit acts may apply to female inmates who are pregnant, ensuring access to healthcare and maternity-related benefits.
2.7. Legal Aid and Access to Justice:
Legal Aid Services: Access to legal aid services and mechanisms for redressal are crucial components of the legal framework. Legal aid services can help women in prisons navigate the legal system, challenge wrongful convictions, and seek remedies for human rights violations.
2.8. Anti-Discrimination Laws:
Anti-Discrimination Legislation: Laws addressing discrimination based on gender, race, and socioeconomic status contribute to protecting the rights of incarcerated women. These laws aim to eliminate biases and ensure equitable treatment within correctional facilities.
VI. WOMEN IN CORRECTIONAL FACILITIES:
That the below-stated data is being collected from the National Crime Records Bureau (NCRB) report 2022[6] which firmly describes the standard and position of women behind bars.
1 Types of Prisons and Number of Female Occupancy:
1.1 Central Jail:
As of 31st December 2022, the country's central jails had a total inmate population of 2,46,155, including 2,38,704 males, 7,395 females, and 56 transgender. Despite the capacity of 1,97,052, the prison population in central jails was manageable in 8 states, including Odisha, Assam, Tamil Nadu, Uttar Pradesh, Telangana, Manipur, Tripura, and Nagaland. However, 18 states and 4 UTs reported over 100% occupancy rates, with Delhi reporting the highest overcrowding at 190.7%. The capacity for male and female inmates and occupancy rates in central jails varied on a day-to-day basis.
1.2 District Jail:
As of December 31, 2022, 2,64,534 inmates were lodged in various district jails across the country out of 10,571 females, with Uttar Pradesh having the highest number of inmates at 1,08,396, followed by Bihar and Haryana. However, the prison population in these states was manageable as the occupancy rate remained below 100%. The National level occupancy rate is 156.5%, indicating overcrowding in jails. However, 20 states/UTs reported more than 100% occupancy rates, indicating varying levels of overcrowding.
1.3 Sub Jail:
As of 31st December 2022, 45,679 inmates were lodged in various sub-jails across the country which includes 1,170 females, with the highest number in Odisha (9,044). The prison population was manageable in 12 states and 3 UTs, with occupancy rates less than 100% in Bihar (96.4%), Rajasthan (96.0%), Maharashtra (94.0%), Jharkhand (75.3%), Odisha (73.1%), Puducherry (66.7%), Karnataka (58.7%), Telangana (55.9%), Andhra Pradesh (55.0%), Tamil Nadu (47.1%), Tripura (43.7%), A & N Islands (40.0%), Himachal Pradesh (38.0%), Lakshadweep (9.4%), and Manipur (0.0%).
1.4 Open Jail:
As of 31st December 2022, 4,473 inmates were lodged in various open jails across India with 132 number of females, with Maharashtra having the highest number (1,725). The occupancy rate at the national level was 74.0%, with Maharashtra reporting the highest crowding (107.0%). Overcrowding may vary from day to day and jail to jail.
1.5 Special Jail:
As of 31st December 2022, 7,171 inmates were lodged in various special jails out of 264 females, with the highest number in Odisha (1,687), followed by Kerala (1,519), West Bengal (1,228), and Rajasthan (616). The occupancy rate was 94.7%, with West Bengal experiencing the highest overcrowding (209.9%).
1.6 Women Jail:
As of 31st December 2022, 4,258 inmates were incarcerated in various women jails across the country, out of a total capacity of 7,080. Delhi had the highest number of inmates, followed by Tamil Nadu, Rajasthan, and Punjab. The national level occupancy rate for women jails was 60.1%, with Mizoram reporting the highest overcrowding at 168.8%. Overcrowding may vary day to day and jail to jail. The capacity for male and female inmates and occupancy rates in women jails vary by day.
2. Analysis & Findings:
The occupancy rate in India's prisons as of December 31, 2022, was 131.4%, with rates at 135.6% (male),76.3% (female), and 91.5% (transgender). Central jails had 126.3%, 92.1%, and 80.0% occupancy rates, with an overall occupancy rate of 124.9%. District jails had the highest occupancy rate for males (160.7%), followed by females (97.1%). The overall occupancy rate in district jails at the national level was also the highest (156.5%). In sub-jails, male occupancy rates were higher than female occupancy rates (26.0%), with a national-level occupancy rate of 96.6%. Women's jails had an occupancy rate of 60.1%, and open-jails had a 74.0% occupancy rate.
Chart- 1.1: occupancy rate in the correctional facilities (in %)[7]
3 Occupancy Rate (in %) of Female Inmates in Other Jails (Except Women Jails):
As of December 31, 2022, 23,772 female inmates were in various national prisons, with 17.8% in Women Jail. Around 82.2% were in other jails. A state-wise comparison showed Uttarakhand with the highest occupancy rate (166.5%), followed by Bihar (150.9%) and Uttar Pradesh (144.4%). The remaining 19,532 female inmates were in other jails.
Chart- 1.2: Number of Women Prisoners in all Jails (except women jails) (in %)[8]
4. State/UT-wise Number of Women Jails and Their Occupancy Rate:
As of December 31, 2022, India had 34 Women Jails, with 17.8% of the national level inmates lodged. Rajasthan had the highest number of jails, but the occupancy rate was 47.7%. Tamil Nadu had five jails, followed by Kerala, Andhra Pradesh, Bihar, Gujarat, Punjab, Uttar Pradesh, and Delhi. Mizoram had the highest overcrowding in jails at 168.8%, followed by Tripura, Maharashtra, and Bihar. 20 states/UTs did not have separate Women Jails.
Chart- 1.3: Number of Women Prisoners in all Jails (except women jails) and occupancy rate (in %)[9]
5. Female Inmates by Age-group:
Table- 1.1: Number of female inmates (per thousands)[10]
S. no. | Category | 16-18 yeras | 18-30 years | 30-50 years | 50 years and above | Total |
CONVICTS | 0 | 906 | 2675 | 1629 | 5210 | |
UNDER TRIALS | 0 | 5425 | 8944 | 2997 1 | 17366 | |
DETENUES | 0 | 25 | 77 | 17 | 199 | |
OTHERS | 0 | 3 | 1 | 3 | 7 | |
TOTAL | 0 | 6359 | 11697 | 4646 | 22702 |
6. Women Prisoners with Children:
As of December 31, 2022, there were 1,537 women prisoners with 1,764 children, with 1,312 being undertrial prisoners and 198 convicted prisoners.
Chart- 1.4: Women Prisoners with Children (in thounsand)[11]
Uttar Pradesh had the highest number of women with children (325 women with 365 children), followed by Bihar (300 women with 331 children) and West Bengal (160 women with 213 children). Only 10 states/UTs had no female inmates with children.
Chart- 1.5: Women Prisoners with Children per state (in thounsand)[12]
VII. CONDITION OF WOMEN IN PRISONS:
The courts in India have purported the need to recognise the rights of prisoners and improve their conditions. The Hon’ble Supreme Court has affirmed the basic rights of prisoners – “there could be several factors that lead a prisoner to commit a crime but nevertheless a prisoner is required to be treated as a human being entitled to all the basic human rights, human dignity and human sympathy.”[13] It has further directed the Ministry of Home Affairs and States to take measures to improve the condition of prisons through regular audits, hiring and training of staff, implementation of the National Model Prison Manual, and appointment of Board of Visitors to ensure proper inspection etc.[14]
There is international agreement that the condition of prisoners, particularly women prisoners is dismal and in need of urgent improvement. The UN General Assembly adopted the Bangkok Rules[15] in 2011, which lay out rules for the treatment of women in prison and prescribe certain non-custodial measures for women offenders. In 2015, the Nelson Mandela Rules[16] were adopted by the UN General Assembly, which set out the international minimum standard for the treatment of prisoners including women.
The Mulla Committee[17] clearly defined a list of rights of prisoners which include the right to human dignity, right to basic minimum needs such as drinking water, hygiene, medical care, clothing, bedding etc., right to communication with the outside world, the right to access to law, right to meaningful and gainful employment and so on. Every state is required to have a manual of prisoners' rights and duties, which should be distributed to inmates upon admission to the prison. The same list will be displayed in prison and explained to the inmate in a language she can understand. With the increasing number of women inhabiting Indian prisons, there is a growing need to understand their rights and better address their needs in the context of a predominantly male-centric prison system.[18]
1. Prison Staff:
The National Model Prison Manual 2016[19] (henceforth referred to as the ‘National Prison Manual’) recognises in principle that there should be one guarding staff for every six prisoners. Further, each prison is meant to have executive staff, medical, welfare, educational and other personnel to ensure proper functioning of the institution. As of 2015, the total number of women jail officers/staff was 4,391, which is only 8.28% of the total.14 There is a scarcity of supervisory level female officers. The National Prison Manual prescribes the appointment of one lady DIG attached to the Prison Headquarters to look after women prisons, staff and prisoners in the state.[20]
In May 2017, the Hon’ble Supreme Court noted that there is a huge shortage of staff in almost every jail of the country. It directed all State Governments/UTs to take necessary steps on an urgent basis to fill up these vacancies by 31st December 2017[21] . Visits by NHRC to over 100 jails have revealed a woeful lack of staff, particularly in smaller district prisons. There is a growing need for exclusive women prisons, skilled female prison officers, full time lady doctors, and pediatricians, etc.[22]
Prisons Staff Strength as per latest NCRB report, based on their duties and responsibilities, are categorized into the following five categories: Executive, Medical, Correctional, Ministerial and Others.
data on the sanctioned and actual strength of jail staff as of December 31, 2022. Nagaland and Arunachal Pradesh filled over 90% of sanctioned posts, with Bihar reporting the highest number of vacancies (4,445). However, the actual strength of jail staff in Ladakh (16.9%), Jharkhand (37.4%), Sikkim (43.7%), Tripura (45.7%), Bihar (50.7%), Jammu & Kashmir (52.7%), Uttarakhand (55.8%), Assam (58.7%), Punjab (58.9%), and Gujarat (59.7%) is much lower than the All India average percentage (69.8%).
Chart- 1.6: Women Prisoners with Children per state (in thounsand)[23].
1.1. Number of Inmates per Staff :
Prisons are controlled by five groups of personnel: executive, ministerial, and Staff members include correctional officers, medical professionals, and others. The ratio of convicts to officials reflects the quality of care provided in prisons. The number of inmates per jail official, correctional personnel, and medical staff.
Chart- 1.7: Prison staff at the national level per 9 inmates (in thousand)[24]
1.2.Women Staff:
The actual number of female correctional administrators by rank (State/UT). A total of 8,674. Women were reported to work in various cadres across Indian prisons. Karnataka and Madhya Pradesh have the greatest number of female jail personnel (1,030 apiece), followed by Bihar (1,016) and Uttar Pradesh (965). Chart- 1.7 displays the ratio of female convicts to female staff members.
Chart- 1.7: Prison staff per state reported in 2022 (in thousand)[25]
As per the report of 2016[26], The lack of staff for women prisoners often leads to male staff being responsible for their care, which is undesirable. To address this issue, gender-specific services should be provided by female staff. Prison administrations should prioritize hiring female staff and link prisons with local female doctors, gynecologists, and NGOs. The Bangkok Rules, also known as the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders, emphasize a gender-responsive approach, providing adequate prenatal and postnatal care, family planning, and appropriate healthcare for women with children.
2 Accommodation:
The standards outlined in the National Prison Manual[27] set a clear framework for the accommodation of inmates. It prescribes specific dimensions for cells and barracks, with barracks ideally designed to house only 20 prisoners and dormitories accommodating four to six individuals each. Recognizing the need for privacy and safety, the manual advocates for single occupancy rooms and segregated cells. Moreover, it emphasizes the provision of essential facilities such as adequate cooling and heating, well-maintained washrooms and laundries, and individual secure storage compartments for personal belongings.
However, the stark reality deviates dramatically from these guidelines, displaying a disturbing level of overcrowding in Indian jails. The national average occupancy rate of 114.4% in 2015 indicates a widespread problem, with states like Dadra and Nagar Haveli, Chhattisgarh, and Delhi suffering disturbingly high overcrowding rates of 276.7%, 233.9%, and 226.9%, respectively. Overcrowding not only limits space but also puts additional strain on correctional facilities' already restricted resources. According to a study provided by the Ministry of Women and Child Development, women in prison[28]
Overcrowding in prisons negatively affects women prisoners, leading to poor hygiene, health issues, and psychological distress. Insufficient toilets, bathrooms, and segregation further exacerbate these issues. The National Prison Manual suggests transferring excess prisoners to other institutions, but this is not consistently implemented. Adequate accommodation and limited specialized services further challenge women prisoners. There is growing advocacy for non-custodial measures, emphasizing rehabilitation over punitive measures, and advocating for alternatives that consider the diverse nature of offenses committed by women.
3. Sanitation & Hygiene:
3.1 Inadequate Facilities:
Despite the Prison Manual's prescription of one toilet and one bathing cubicle for every 10 prisoners, many jails lack these basic facilities.
Disproportionately large prison populations often share a small number of bathrooms and toilets.
Women's toilets should ideally have secure entrances and be located away from male areas to prevent the risk of sexual harassment/abuse, a concern not consistently addressed.
3.2 Water Scarcity and Hygiene:
The National Prison Manual estimates a daily water need of 135 litres per inmate, emphasizing the importance of regular bathing for women prisoners.
In reality, insufficient water supply leads to low levels of sanitation and hygiene. Reports[29] highlight instances where prisoners are unable to bathe for multiple days.
3.3 Cleaning and Pest Control:
The National Prison Manual mandates periodic cleaning, disinfection, and pest control of inmates' accommodations.
However, prisoners, particularly women, often find themselves engaged in cleaning toilets, bathrooms, and barracks.
3.4 Limited Clothing and Hygiene Standards:
State prison manuals stipulate a minimum provision of clothes and undergarments based on climatic conditions and basic hygiene standards.
In practice, prisoners, including women, often receive limited clothing and struggle to wash them regularly.
3.5 Menstrual Hygiene Challenges:
The majority of female prisoners (80.8% approx.) fall within the menstruating age group (18-50 years), necessitating proper sanitation facilities and access to menstrual hygiene products. Sterilized sanitary napkins, as per requirements, are prescribed by the National Prison Manual, but their provision is inconsistent.
Some prisons reportedly charge women for sanitary napkins or provide a fixed monthly quantity, leading to the use of unhygienic materials.
Strategies for Improvement:
● Strict implementation of state prison manuals and regular inspections are crucial to addressing sanitation challenges.
● Collaboration with local Swachh Bharat initiatives can aid in constructing more toilets and ensuring repairs according to hygiene standards.
● Inmates can be trained to produce low-cost and organic sanitary napkins, contributing to sustainable hygiene practices.
● Leveraging NGO and CSR programs distributing free menstrual hygiene products can provide essential support to cover multiple prisons in each state.
4. Violence:
The National Prison Manual emphasizes the security and dignity of women in prison, regulating male access to female wards for legitimate duties. Female head wardens and warders work around the clock, and female inmates have the right to be accompanied by a female relative. However, reports reveal instances of humiliation or violations experienced by female prisoners, highlighting the need for improved conditions.
Addressing violence, particularly instances of sexual violence by inmates and authorities, remains a significant challenge, with underreporting prevalent due to the fear of retaliation. The Supreme Court's acknowledgment of the widespread occurrence of torture and abuse in prisons in 2015 led to directives for installing CCTVs and encouraging non-official visits for inspection[30].
The National Prison Manual provides mechanisms for reporting abuse or violence, guiding female prisoners to seek legal recourse and access specialized psychological support. Complainants can file complaints with prison officials or through complaint boxes. Complainants can also file complaints under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013. However, stricter measures are needed to address violence against women prisoners and create a secure and respectful environment within correctional facilities.
VIII. WOMEN WITH CHILDREN IN PRISON:
As of December 31, 2022, there were 1,537 women prisoners with 1,764 children, with 1,312 being undertrial prisoners and 198 convicted prisoners. (NCRB Report 2022)[31]
“Spending their formative years in prison can have a severe negative impact on the entire lives of children”[32]
The Hon’ble Supreme Court issued guidelines in 2006[33], entitling children in jail to fundamental rights, including food, shelter, medical care, clothing, education, and recreational facilities. Authorities must ensure that prisons have the basic minimum facilities for child delivery, and pre-natal and post-natal care before incarcerating pregnant women.
Pregnant and lactating women should have better diets, access to facilities, and gynecological examinations. High-risk prisoners should be temporarily released for childbirth outside prison, and casual offenders should consider sentence suspension. Prison staff should receive child development training, provide mothers with diapers and childcare items, and ensure all children have access to education and recreational opportunities. Continuous improvement is crucial for the welfare of children in prison environments.
According to a 2009 report by the Bureau of Police Research and Development (BPR&D)[34], shortcomings persist in providing proper facilities for the biological, psychological, and social growth of children within prisons. The report identifies gaps in crèche and recreational facilities in numerous prisons, and the National Human Rights Commission (NHRC) jail visits underscore that, aside from a glass of milk, an adequate special diet for children is not consistently provided.
Upon reaching the age limit, children are placed in the family of the prisoner or in protective custody at an appropriate children's home. The process of separating the child from the mother's care must be handled with sensitivity, and alternative arrangements must be made. Prison administrations must tailor their facilities to the needs of children, providing an environment conducive to their well-being. Establishing linkages with NGOs, local schools, and pediatricians can ensure access to basic services for children living in prison, mitigating the potential long-term repercussions of growing up within a correctional facility.
XI. PROCEDURES FOR RESOLUTION AND SUGGESTIONS:
1. Adoption & Implementation of the National Model Prison Manual, 2016 by States:
The National Model Prison Manual 2016[35] is a crucial document guiding the nation's correctional architecture, establishing minimum standards for the treatment and welfare of prisoners. It advocates gender-sensitive training for staff responsible for women inmates, enhancing their well-being. State prison manuals should align with these national standards, ensuring strict implementation across all facilities. The Supreme Court directed the Ministry of Home Affairs and states to actively pursue the implementation of the National Model Prison Manual. The current optional adherence to prison manuals needs reconsideration for effective implementation. The Ministry of Home Affairs has proposed an integrated prison software system to consolidate data about prisoners and prisons, offering a streamlined and efficient management method. The swift adoption of this system is recommended for improved data management and operational efficiency.
2. Establishment of a National Commission for Prisons:
The Mulla Committee[36] proposed the creation of a National Commission for Prisons to reform and reintegrate offenders into society. The Commission, a specialized advisory body, will guide prisons and related matters, monitor standards, engag in crime prevention and treatment efforts, review state correctional institutions, plan future structures, and coordinating with states and union territories. It could also finance pilot projects and publish an annual statistical report. The Commission aims to foster consistency and coordination among states, enhancing the overall correctional landscape, particularly for women inmates.
3. Regular & Thorough Inspection of Prisons:
The National Policy on Prison Reforms aims to improve prison conditions and the lives of women incarcerated by allowing public figures to conduct independent, timely, and regular inspections. This includes District Judge visits and the Board of Visitors, which should include non-official members, legislators, State Human Rights Commission nominees, and social workers. Encouraging a percentage of women members in the Board is crucial for addressing specific grievances.
4. Pregnancy & Childbirth in Prison:
The National Model Prison Manual[37] allows children up to six years old to live with their mothers in prison if alternative care arrangements are unavailable. In 2006, the Supreme Court[38] outlined guidelines for facilities for pregnant women in jails, emphasizing necessities for childbirth. The manual emphasizes the importance of minimum facilities for child delivery, pre-natal, and post-natal care, providing better diets and gynecological examinations in district government hospitals.
Temporary release is recommended for high-risk pregnancies, allowing childbirth outside prison. Birth certificates should not mention prison as a birthplace to prevent stigma. Children in jail receive food, shelter, medical care, clothing, education, and recreational facilities. The National Prison Manual recommends crèche and nursery schools for children's development. Regular inspections are crucial for compliance, and public records should be available for transparency.
X. CONCLUSION:
Finally, "SILENT SUFFERING: UNVEILING THE EPIDEMIC OF VIOLENCE AGAINST WOMEN IN CORRECTIONAL FACILITIES" is a poignant testimonial to the hidden suffering that detained women face in our correctional facilities. The findings in these pages need not just our attention, but also a firm commitment to significant change. The secret pandemic of abuse against these women can no longer be ignored.
The text emphasizes the need for reform in correctional facilities and calls for a judicial system that goes beyond punishment and is compassionate. It urges society to face the misery within these facilities with bravery and compassion. The text calls for a future where justice is not only blind but also compassionate, acknowledging the inherent dignity of every human, regardless of circumstances. It urges actions to speak louder than the silence that has long obscured the pain of those in prison.
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