Critical Analysis On: Rehabilitation of Prisones

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CRITICAL ANALYSIS ON

REHABILITATION OF PRISONES
(SPECIAL REFERANCE TO PUDUCHERRY)

THESIS SUBMITTED TO
PONDICHERRY UNIVERSITY
FOR THE AWARD OF THE DEGREE OF

DOCTOR OF PHILOSOPHY
By

INDRADEV SHUKLA

Under the Guidance of

Dr. S. SRINIVASAN
Associate Professor

Dr. B. R. Ambedkar Government Law College, Puducherry

PONDICHERRY UNIVERSITY
CHAPTER – VII

SUM- UP

7 Conclusion:

Based on the above analysis the researcher has summed


up the following conclusions

The rehabilitative approach adopted by the prison


administration at Puducherry and concerned stakeholders,
following various Acts, Rules, Regulations, Guidelines, National &
International as well as time to time observations made by the Hon’ble
Supreme Court of India as well as High Courts, have shown
positive impact on the correctional life of prisoners.

Thus ongoing sentencing procedure where courts are


awarding punishments without going into report of the prosecution on
the subject matter of reformation, rehabilitation and social re-
integration even without knowing the inmate’s capability in adjusting
with the society. Inmate is fit or unfit with the society should be
based upon solid substantial evidences. There should be mandatory
mentioning of special reasons while deciding the acquittals and
convictions.

On the reform and rehabilitation of an inmate‘s with


the acknowledgement in Bachan Singh’s case that probability lies
that a convict can be reformed and rehabilitated. It is a valid
consideration.

In the context of Section 360 of Cr.PC the special


reasons contemplated by Section 361Cr.PC must be such as to compel
the court to hold that it is impossible to reform and rehabilitate. The
offender after examining the matter with due regards to the
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each character and

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antecedents of the offender and the circumstances in which the
offence was committed. Both Article 361 and 354 (3) of the Code of
Criminal Procedure are included in the statutory provision at the
same time and these are part of a new view of acceptance by
parliament of a new trend in criminal science. It is therefore not a
mistake to assume that the nature of the offender identified by the
predecessor and other circumstances and the susceptibility of the
offender to the reform must play the most important role in take
the decision. The special cause should be related to these factors.

This is the sum of the reform and rehabilitation of


criminals by the legislature and has become the most important goal
of criminal justice management in the country.

The judicial opinion is also that reformation and


rehabilitation of a convict is mitigating circumstances for the
purpose of awarding punishment and the State authorities by
evidences prove that the convict was not likely to be reformed.

In another opinion, the accused does not conduct


criminal violence, becomes a continuous threat to society, and the
accused is not likely to be reformed or revised. The court
occasionally releases the defendant under Article 360 "Cr. P.C."
Sections 3 and 4 of the Criminal Protection Act 1958. Articles 13 and
14 the Act provides for the nature of appointment and execution of
probation officers. The court also asked the probation officer, P.O
Requesting to report while exercising authority according to section4.

Therefore, according to the provisions of Articles 360


and361 of Cr. PC, the prosecution is required to establish a strong
power to achieve rehabilitation, reform and reintegration by
identifying various factors before the sentence is declared Litigation
should be formulated.
There are various factors such as age of criminals,
social position, whether they are confirmed, whether there is a
precedent, whether there is a possibility of reform or rehabilitation,
whether reform is impossible or not. And the defendant may reward
such crime in the future and pose a threat to society and the various
factors that the criminal court would have to investigate independently
in each case.

Therefore, the court states about reform and


rehabilitation as follows. "The prosecution is obliged to prove to the
court that prisoners are more likely to be reformed and not
recoverable by evidence. If he has been released for a while this is to
record his actions in prison Acts outside the prison, medical evidence
about his psychological composition, contact with family etc. Similarly,
criminals can also provide evidence for these issues.

Obtaining and analyzing this information is certainly not


an easy task, but you need to continue. The healing process is not a
simple process, as it involves reintegrating the criminal into society. Of
course, despite any available information and an expert analysis of the
evidence records, there may be situations in which social reintegration
of prisoners may not be possible. If this happens, the idea of long-term
imprisonment is allowed. In other words, imprisonment for more
than 14 years may undoubtedly preclude the imposition of the death
penalty as an alternative to the death penalty.

The 42nd Report of Law Commission of India an attempt


to deal with the problem of habitual offenders and recidivism. Other
penal systems also have tried to grapple with this complex problem
but nowhere met with mark success perhaps because the causes of
crime are themselves complex. Because the previous sentence has
failed both in subject of reforming the offender and in its objective
deterring from crime, the law as a measure of last resort
concentrates on protecting
society from the offender by sending him to jail for a longer term than
before.

Here no doubt the judiciary has pronounced the decision


and made strong observations as well as given guidelines about
the factors which are responsible for the decision of reformation,
rehabilitation and social integration but the implementing agency i.e.
the State Government have not brought so far the systematic
machinery who can collect the data, take action, submit the report
and audit their action such as, how much people have been
reformed, rehabilitated and socially integrated. There is huge gap
between the judicial orders and the executive action which requires
urgent redressal by the executive, if State wants successful
reformation and rehabilitation and social integration of the inmates.

Thus, the hypothesis aptly finds its worth by the


researcher that rehabilitation and reformation and social re-integration
is the only solution in reducing crime from the society. Adaptation of
this approach shows positive impact on the correctional life of
prisoners particularly with reference to Puducherry.

7.1 SUGGESTIONS

7.1.1 Research and its findings:

The criminology has defined four pillars of criminal


justice system. The first one is known as investigation which is
conducted by investigating agencies like police and second is
prosecution where public prosecutors are pleading cases before the
courts and third pillar is judiciary. The fourth pillar is prison itself
where the law violators are kept into the prisons for the purpose
of reformation and rehabilitation

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into the society. The basic purpose behind a prison is to make him a
better citizen so that he can very well adjust into the society from
where he has come. Prison is a temporary place for a person and it
can only be used for the reformation and rehabilitation purposes
under the guidance and supervision of concerned stakeholders for
getting better skills. Thus it is clear that prison is a not a place of
punishment but in view of different causative factors in the life of a
persons, it becomes essential to remove from the society. Thus prison
becomes a place for the treatment of these offenders on case to case
basis. It has been well settled by the legislation and the Hon’ble
Supreme Court of India in its various decisions that a person who is
arrested and lodged in the jail does not mean that he has surrendered
his all fundamental rights. Except restricted movement, his all
fundamental rights are with him. Thus each and every prisoner is a
special person like a patient and he needs special treatments as
decided by the professional management of the prison.

The question arises when prisons are having such


objects through legislations as well as various decisions of the
courts, are able to fulfill it or how much journey it has travelled in
achieving the said goal?. Thus the present research is basically
concentrating on the reformation and rehabilitation efforts made by
the prison management as well as other stakeholders who are
mandated and directly associated with the prison administration like
visitor's boards and remission boards etc. In this regard data of all
India prisons as well as Puducherry prison with special reference have
been considered. These outcome are as follows:-

It was founded majority of the prisons are overcrowded


and at all India level the overcrowding is about 114% as
per date of 2015. However with respect to Puducherry
there is no overcrowding. Thus in view of
overcrowding, prison’s
classification should be done. There are various types of
classification which are based on the nature of crime,
educational qualifications, health, job category and age etc.
but overcrowding makes difficult the reformation and
rehabilitation.

7.1.2 Infrastructure:

Prison is subject to the state, according to Schedule of 7th


Indian constitution, total management responsibility depends on the
state government. Prison needs better infrastructure and specialized
jails. It has been well established that prisoners entering into the prison
are for only one purpose i.e. reformation and rehabilitation and this is
ultimate goal leading to social reintegration. There are hardly very few
inmates who are condemned and awarded capital punishment because
they are incorrigible elements and not fit into the society. Infrastructures
played a very big role. In fact for few inmates jail becomes their home.
In life imprisonment cases, they have to stay in to the jails entire
remaining life. Considering the longest imprisonments, inmates require at
least basic facilities from the state and it is the duty of states to provide
legal and fundamental rights of the accused. Although maximum
prisons are not having better infrastructures but there is a very positive
trend that all infrastructural facilities like hospitals, dispensaries,
education, vocational centers, job placement centers and visitors
meeting rooms etc. are coming very well. As far as Pondicherry
Central prison is concerned, it has better infrastructure and facilities for
their inmates.

7.1.3 Training:

Any reformation and rehabilitation program in prison,


training components becomes an important factor. In fact these
programs are the lifeline and motivational factors for the inmates. One

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side it helps maintaining the discipline and at the same time becomes
self-motivation with the hope to have better future for
their families and

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themselves. During the research it was found that training programs in
the prisons are basically very traditional in nature like agriculture,
horticulture, carpentry, phenyl making, candle making, door mats and
stitching etc. These programs need study of the market as well as
involvement of the professional managers. Prison alone cannot do it
because prison officials are not having that much exposure about the
business skills and when the market is so competitive, it is always
better to have professional management to deal with the subject matter
so that sustainable and meaningful programs can be drafted and
implemented with the consent of inmates. Prison administration should
see that at least minimum one specialized skill should be provided to
the inmates. Besides giving training to the inmates it becomes essential
that staff deployed for the correctional purposes in the prison should
also be updated themselves and get exposure from the requirement of
the markets. In this regard maximum prison in India have deployed
their maximum number of staff towards maintaining the prison
administration and very few staff have been diverted towards the
correctional training and the medical facilities. There is lack of data
about how many inmates have been released during a year as National
Crime Records Bureau is collecting only data of one day i.e. 31st
December of the particular year. Considering the data of 31st December
2015, number of correctional staff deployed for 1.30 lakhs inmates
(convicts) were 507 i.e. 256 inmates per staff, and if entire prison
strength of about 419623 is considered, then it is about 828 inmates
per correctional staff, which is too less. Therefore on the correctional
side situation is not satisfactory and basically this is one of the
reasons not having success in rehabilitative programs at the ground
level.

7.1.4 Wages and additional source of income for inmates:-

The wages are one of the major sources for boosting the
moral of the inmates and it is a great help in rehabilitation and the
social integration of the inmate. It is the amount which
connects more and
more to his family and well-wishers emotionally as well as financially. Despite
the judicial order from the Apex courts and various other high courts in the
country, the state government has not paid prisoner’s equal wages. Few
States are paying amount like Rs.10 per prisoners and moreover everyday

work are not available in the prisons also254. State government to consider
application of minimum wages Act and it would be better if central
Government issues an advisory into the matter.

Beside the wages, there are majority of prisons whose officials


and the concerned State government has taken a lead for increasing the
additional income for their inmates, deserve appreciation. It has been made
possible through the open prison system as well as by involving the various
entrepreneurs and corporates into the prisons for providing jobs to the
inmates. This is a very positive trend and it is a role model for the other
prisons also. The state government in Puducherry has provided highest
wages in the country. However additional income and involvement of
entrepreneurs needs relook as these facilities are available in Puducherry
very close by.

7.2 Rehabilitation and its effect after release, needs Rehabilitation


Act and Segregation Prison Role after the release:-

In this regard it is mentioned that there are maximum number


of inmates of more than 7 years of imprisonment in the countries jail and
similarly more than 75% of inmates are in Puducherry Central prison of life
imprisonment. This strength is very much sizeable and requires special
attention inside the prison where one can learn the programs inside the
prison and subsequent can utilize same skill after release from prisons.
Research indicates that there is no authentic data about released inmates
whether they have settled in their society and living peacefully as a law
abiding citizen or struggling for hand to mouth. Infact there is no
rehabilitation policy although it has been mention in
255. Prison Statistics ofIndia-2015 as shown inPage91 inChap-III.
the modern police manual 2016 that there should be rehabilitation but it
all depends upon the state government to formulate the policy for
effective implementation. Thus it is not known as how many inmates
have been rehabilitated into the society after released from prison. It
appears that rehabilitation is related with the reformation in the prison
and further social integration is left on the capacity and the fate of the
individuals. Judicial verdicts which have come time to time from the
Apex Court or from the High Court remain mostly centered around
prison. Thus emphasis has not been led over the rehabilitation and social
integration beyond the prison. Therefore entire stress and emphasis was
given to an agency i.e. Prison, who is not having jurisdiction beyond its
boundaries. Mere accepting that reformation through the prisons will
lead a successful rehabilitation and social integration of the inmates
after released, is not proper. The reason can be attributed to closed,
unchanged environmental conditions which are available in the prison,
will not be available outside the Prison. Outside the prison an inmate
may get changed in the prison variables drastically such as hostility,
enmity, lack of finances, family problems and health complications
etc. Therefore the reformative technique which have been practiced in
the prison in a closed environment, may not be successful outside of
the prison environment. It has been noticed that lack of rehabilitation
policy and absence of designated authority who can implement
rehabilitative schemes and make social integration successful, are not
available. To have a meaningful result it is necessary that there should
be Rehabilitation Act, where entire offenders including arrestees and
convicts as well as after released inmates can be handled professionally
and at the same time the released inmate should know their legal rights
also. Released inmates without proper care with full of social
stigmatization will be more dangerous to the society. Therefore
reformative activities which have started from the prison should be
taken in the same way into the society. It would be better to have third
party audit system as to know the real status and success into this
goal.
7.2.1 Education and petty offences:

Reveals that illiteracy and less than 10th pass are more and
more involve in the crime. Majority belong to the lower strata of the
society and at the same time they are involved in serious crimes which
are related with petty offences like domestic disputes, household
problems, petty quarrels and minor thefts etc. Thus the crime-causative
factors with lack of education or less education associated with hand to
mouth condition of such inmates, needs an urgent approach with
special focus on such people in a time bound manner. It will help
certainly minimizing the occurrences of crime.

7.2.2 Legal Aid:

In fact Legal Service Authorities are bound to provide legal


aid if any inmate is requesting , but it has found that the legal aid
which are being provided by the government or state Legal Services
Authorities, inmates are reluctant .Inmates are generally employing
private pleaders. No doubt it’s a fact that hiring a pleader for higher
courts is very costly but inmates during their interview have not shown
happy situation. Hence it can be said that there is some gray areas
between both and system of legal aid requires separate study.

7.2.3 Financial assistance and job reservation:

There is no financial assistance to the inmates at the time


of release from the prison. Few States are providing very meager
amount. Similarly banks and other financial institutions are also not
considering these inmates suitable for the banking loans. No doubt it
may be a long journey but Kerala High Court has already mentioned in
its one of the judgment that the government should provide a few
percentage of job reservation to the released inmates. At present
situation in this matter is not satisfactory. There is no opening window
for inmates either from the government or from the PSUs and private
entrepreneurs.
7.2.4 Old Prison Act:

The present Prison Act is of 1894, needs suitable


amendments as per requirement for achieving the goal. The said Act is
concentrating on the administration of the Prison alone.

7.3 State government and role of prosecution:

Regarding reformation and Rehabilitation as well as


social integration it is the prosecution wing of the government collect
suitable data from various agencies about the inmate and bring into
notice of the Courts before deciding the punishments. The data will
prove that whether inmate can be reformed and socially reintegrated.
So far such practices have not taken shape of a system into the
criminal justice system inspite of Hon’ble Supreme Court’s decisions and
statutory provisions mentioned in the Cr.P.C. Therefore separate
agencies are required to collect data truthfully and authentically from
various recognized sources as per framed and approved guidelines from
the government in the light of the Hon’ble S. C. judgments which have
been already discussed in Chapter-IV(Legal).

7.3.1 Use of digital technology and artificial intelligence:

It was found that the use of digital technology is not up to


the mark. There is a need of proper analytical tool based on which the
data should be analyzed and action should be initiated as to achieve
the rehabilitative goals.

7.3.2 Huge incarcerations:-

Research has also revealed that there are huge arrest in

the country255 i.e. more than 80 to 85 lakhs in a year (IPC+ Special


Acts + Railway Act + Preventive measures). The Prison statistics of India
2015, data is of one day ie.31st December of the respective year. The
alleged
255 . Crime in India 2016.
accused are coming and going as per their court’s judgments.
However this data is not available. Hence total available strength
has been assumed approximate 4 lakhs on and average on any
day in the entire Prisons of the country which is otherwise
available in 2015 December 31st. Thus the people are being
arrested in a year, is very high. Therefore other methods like
alternate dispute redressal system, Lok- Adalats, counseling
mediation, plea bargaining etc. should be followed. It is also a fact
that more than 50% registered cognizable cases are closed &
acquitted due to lack of evidences but on the allegation person get
arrested. At this point person has lost his reputation which can
never be compensated. The social stigma which has been caused
by arresting the person makes his life more difficult in
rehabilitating. Thus law enforcement agencies require to be
sensitized that without clinching evidences, person should not be
taken into custody. It is also mentioned that sometimes courts are
refusing chagesheet as Police has filed without arrest. Hon’ble
courts are also required to re-look into the ongoing practices.
There is need of quality judgments with successful deterrent effect
otherwise courts will be overburdened. This is possible only when
there should be judicious arrest.

7.3.3 Need a separate Statute on Rehabilitation, Reformation and


Social reintegration:-

Reformation and rehabilitation as embedded in the


policy of the Prison & Criminal Justice System is well founded
but there is no such Statute which makes rehabilitation as a
complete package. Criminal Law (Rehabilitation of Offenders)
Act, 1986 is functional through Queensland legislation has
included non- disclosure of convictions upon expiration of
rehabilitative period, made lawful to
deny
certain conviction, and duly certified to disregard certain conviction,

besides revival of convictions, etc.256

7.4 Unwanted arrest leading huge incarcerations, defeating the


Rehabilitation process:-

(a) Article 151 of the Code of Criminal Procedure is considered


the most powerful provision because it gives the police the
authority to arrest people in apprehension of cognizable
crimes. This regulation has also been abused. Arrest
requirement is related with certain petty problems like road
repairing, black carpeting the streets & domestic problems
etc. These all are well known to the authorities/stakeholders
and if they want, solution can be found out. But authority
display intentional apathy leads some time immediate arrest.
Police is having a system of beat patrolling and now in the
era of information revolution where Panchayats (local body
elected members) are connected with fiber optical cables, all
information on android phones from the village are
available. Thus it only needs involvement of concerned
officials to visit the scene and try to solve the problems.
Here it has been seen that intentional overlooking of
situation leads serious IPC offences. There is need to solve
the problems by way of pro- active role, not post- active.
This section can be utilized to prevent a crime, to bind
down person with or without surety etc., so that person
should not enter into four closed walls. To avoid such haste
arrested powers has been amended (41 Cr.P.C.) and prior
notices has to be given by Police but it is not as expected.
There are other provisions like alternate dispute redressal
plea bargaining and Lok-Adalats may also be given its due
places. Unwanted incarcerations lead

256.http://www.legislation.qld.gov.
several complications in criminal justice system. It has also
been seen that even in bailable offences, due to lack of legal
awareness people are afraid going to police station means
they will be detained or arrested, this situation allows entry
of parallel courts.

(b) Person arrested in week evidence cases which ultimately


goes in acquittals or closures:-It has been seen that about
29 lakhs FIRs(reported under IPC in 2016), about 1/3rd are
closed due to lack of evidence; while another 1/3rd are
acquitted. Hence convictions are hardly in 1/3rd cases.
The data reveals that about 90% accused arrested, are
newcomers. The cases which are closed by Police are quite
substantial in numbers. Except in very few cases where
custodial interrogations are necessary, arrest can be
effected, not in all other cases because just they have
reported to Police. Since person has been arrested,
remanded and remained in jail, nothing left for him in
society expects stigmatization, even if released under Section
169 Cr.P.C for no evidence or due to lack of evidence.
These arrests are mostly unwarranted. Similarly when
acquittals are also high, how an arrest can be justified?
There are sufficient cases where accused have been
acquitted after 10 years of trials, here criminal justice
system should play a major role in rehabilitating the
person. Similarly if one analyses the convictions, certainly it
will be found that the first timers are more in numbers.
These cases may be dealt either under ADR or in Plea
Bargaining system. After stigmatization, opening the
window of ADR and plea bargaining or compromising
between parties, are not ideal example of restorative
justice. Thus in all these processes who all remained
beneficial? Its answer is not difficult, but
one thing becomes sure that rehabilitation, reformation
and social reintegration takes back seats. Thus unwanted
arrest can be avoided; process can be simplified and
discretionary powers of police arrest as well as blanket
approval by court also needs a judicious approach.

7.4.1 RESTORATIVEJUSTICE:-

Under this process in developed countries, only quality


cases are sent to court for deterrent effect. In small matters
agreements are persuaded between parties in terms of financial benefits.
It helps in getting immediate money to the victims and also helps in
maintaining harmonical relation without incarcerations to the accused.

This has already been included in UNODC 257 . At present only in few
sections compensations are provided like in 326, 376 IPC, SC/ST Act
etc. It requires to be mentioned under the Act itself so that victim and
accused can get legal right.

7.4.2 THIRD PARTY AUDIT AND EVALUATIONREPORT:

Infact it is essential at all three stages (arrest, convicts,


after release) as mentioned above to see that how much progress
have been achieved and whether public money is utilized or otherwise.
So far there is no such system in India under criminal justice system
to get evaluated. It is in existence in United Kingdom and few developed
countries where Government is getting reports from both sides i.e. Govt.
data as well as from citizens through NGOs. In case differences
shows drastic variation, immediate measures are taken to handle the
situation. It leads budget increasing or decreasing. Thus such system
keeps checks and balances for the betterment of Public. In India such
system is not there. Each and everything decided based upon
Government servant’s views,

240|Page
257. Handbook on RestorativeJustice Program-UNODC.

241|Page
which are mostly one sided. Here all stake holders participation are not
there, which is needed infact. For example in the field of rehabilitation of
inmates, there is neither govt. data nor authentic third party data which
can focus on the result achieved. Thus third party audit is very
much needed by independent professional agencies like IIM/IIT etc.

7.5 PRISON UNIVERSITY A NEWCONCEPT:

About 1.5 lakhs convicted person have been found in all

Jails besides a lakhs undertrials258.More than half of this number are


staying in jail for longer periods of incarcerations ( 7 years to Life
imprisonments). To provide meaningful job, there should be such
valuable education also. IGNOU or any other technical education
institutions are not as per prisoners’ requirement. It needs a different
module, programs to teach them uniformly all across the prisons.
Visual/Digital system can be adopted as all prisons are connected with
NIC (National Information Center) already. The only need is proper
classification, selection of applied module and faculties focusing on
rehabilitative education along with placements. There is a need of
integrated approach and uniformity in programs covering all levels
from prison to released status. Thus University status may be better
which can be latter on a brand in itself and a role model for others.
Visual University is proposed by considering that all prisons around
1401 are not at a place and there are different languages, more so over
local opportunities are also different, thus without making much
displacement of the inmates, digital/ visual technology based education
embedded with apprentice etc. will be suitable for all inmates. Prison
can also be made a placed for National Integration besides social
reintegration.

7.5.1 PRIVATE PRISON v. PPP MODEL:- Here it is suggested that


statutory functions of the prison should always be with the
government,

258. See, NCRB Report, 2016 & Crime in India, 2016.


however for the purpose of employment and apprentice etc.
private companies can be invited under suitable policies for the
benefit of the inmates under private public participation mode.

7.5.2 PUBLIC AWARENESS: - Society should be made aware


that ultimate goal of rehabilitation is in the society. First timers and
especially petty offenders may be given a chance to get reformed and
rehabilitated. Rejection, neglect, boycott etc. may not be the proper
solution.

7.5.3 JOBS IN GOVERNMENT: - Government is required to evolve a


policy and legislation where small offenders can get jobs in government
as well as beyond also based upon their conduct as suggested by Hon’ble
Kerala High Court for reserving few jobs in Governments. Reservation
of a certain percentage of work for prisoners who are acting in a good
way can be an incentive, which is consistent with the concept of
rehabilitation. Refusal of jobs, on the ground of arrest without looking
the gravity of cases for vast incarcerated population (approximate 84lakhs
in a year 2016 ) are not going to pay a solution in minimizing crime,
rather crime will increase. Till today the government has not opened its
door. In UK and few other countries in petty cases, jobs are provided.
Even government is not furnishing records to other countries. Now days
any person who has been arrested or FIR lodged for whatever offence,
authorities are restraining him from Govt. recruitment. He/she has to
approach High court or Supreme Court of India for getting relief. In
every govt. recruitment form, it is mentioned “have you been ever
arrested”? As soon as it is mentioned, may be 151 Cr.P.C. or even
279IPC, his chance of selecting becomes bleak. Huge money is required to
approach the door of the court. Poor person , seeking a job of group
third/fourth, how he will pay lakhs of rupees as court/advocate fees and
from where he will get time to attend ?. Thus it requires clear guidelines
from central Govt. or court, which can be applicable uniformly.
7.5.4 PRIVATEJOBS:-Once government will open their doors,
certainly there is a hope that private/corporates will render
assistance in the rehabilitation of prisoners. It will provide better
marketing rate to the skilled inmates.

7.5.5 DEDUCTION OF WAGES BY JAILS: - Prison management should


pay market rate if inmates are getting from employers otherwise
minimum wages as per classified on skilled, unskilled semi- skilled
categories. The provision of work from prisoners and wages or additional
work may be included in the proposed Rehabilitative Act. The purpose
of the Rehabilitative Act is to provide each and every stakeholder
including inmates and victims to know their legal rights and get
livelihood. Prisoners are captive of state and it is the various causative
factors which have led the situation, therefore punishment period is
treated as reformation and rehabilitation. Thus an inmate after release
based upon good conduct can seek a job or employment from the State
rather getting involved again into crime.

7.5.6 POTENTIAL OFFENDERS MANAGEMENT POLICY:-Although it


may not be directly related with released inmate’s rehabilitation policy,
yet it has cascading effect if not controlled timely. Therefore policy
requires at the very basic level of societyitself. If this lot can be controlled,
naturally quality of rehabilitation can take place and an orderly society
will be promoted.

7.5.7 NCRB/BPRD (MHA) AND AUDIT REPORT:- All India data is


needed along with third party audit (an authenticated data) where
one can find out actual rehabilitation works, whether it is
sustainable, meaningful or otherwise. At present incomplete data is
available.
7.6 SPECIAL CONCERN ON REHABILITATION OUTSIDE OF
THE PRISON:-

Infact rehabilitation is not associated with any


government agency either in policy or through any Statute. Thus
no one is associated. Therefore statutory measures require with
accountability and responsibility. Prison can focused mainly inside
the four walls due to their mandate. Thus other stakeholder to be
roped into for leading rehabilitative programs outside of the jail and
both should be synchronized.

7.6.1 ROLE OF BANK AND PRIVATE FINANCIAL INSTITUTIONS:-

A policy is needed for these institutions to provide loans


and promote entrepreneurships. Social stigma and apathy from
the stakeholder and lack of policy providing double punishments
to the inmates. An inmate although relieved from jails after over
of his punishments but not relieved from outside world, needs relook
urgently.

7.6.2 SOCIAL BENEFITS SCHEME:-

There are various social schemes available, also provided


to the families of the inmates, like gas connections, health cards,
educational scholarships to children etc. by concerned departments
without any discrimination. It is a fact that removal of social stigma
and social adoptability will take time.

7.6.3 FURLOUGH AND EMERGENCY RELEASE:-

Bedsides Parole, Furlough and Emergency Release


should also be considered as applicable by giving due importance
to the statutory provisions. These methods are only going to help
in social reintegration.
7.6.4 TRANSFER OFPRISONERS:

Transfer of prisoners from one region to other may also


be adopted in case language, food, culture etc. are different and
better interest of inmates in getting professional skills are served.

7.6.5 EDUCATION:

Education is alone subject which can allow crossing


the boundaries of jails. Thus ample opportunities should be provided
where inmate can take education which can make them better
person. Now a days digital portals are available in Central Library
where only educational contents are available on the web pages,
may be considered.

7.6.6 REHABILITATION:

Special scheme/Policy of Ministry of Home Affairs (2ND


October 2018) – Rehabilitation needs financial help, thus provision
has to be made. In the present policy as approved by government,
nowhere financial things have been discussed and this is major
concern in failure of released person rehabilitation. Rehabilitation is one
step ahead of reformation. The proper reformation will be possible
when proper infrastructure and budgets will be available. Prison
should be asked not to step out beyond their limits and other
authorities to be brought on board with financial powers. Let
government to start first, followed by others, but so far government
has not ventured in this field and matter left mostly on private
players. Model Jail Manual, 2016 has initiated this concerned in one of
its chapters, but mentioning that it is subject matter of State List,
importance of subject becomes diluted.
7.6.7 CORPORATES ANDNGOs:

Corporates and NGOs are mostly seen always in welcoming


for rehabilitation but it needs coordination by prison managements. It
will help in empowering the inmates in the long run.

7.6.8 HIGH RISK AND INCORRIGIBLEPRISONERS:

High risk and incorrigible prisoners should be kept


separately and reformation may be taken case to case basis after
through study of data. Generally these data are provided by prosecution
before the court at the time of trial and before the announcement of
punishments. Major concentration may be given on 90-95 % newcomers
who have tendencies to revert back if given suitable opportunities.

7.6.9 CERTIFICATE:

It is suggested that certificate about training programs may


be provided by concerned companies or institutions without
mentioning jail premises etc. so that jail stigma can be ruled out

7.6.10 Rehabilitation, a fifth theory of Punishment in Criminology:-

Infact there is myth still going on those reformative measures


adopted by prisons for inmates is the rehabilitation. This concept has to
be changed. Infact rehabilitation of inmates should be accepted as a fifth
theory of Punishment (Deterrent, Preventive,
and
Retributive,Reformative)otherwisesocialreintegrationofaninmate’snot
completed. Thus complete cycle which starts from investigation,
prosecution, trial and imprisonment should end with successful
rehabilitation i.e. beyond prison. Such huge and complex task prison
authorities cannot fulfill and that too beyond prison boundaries.
Therefore having expectation that it is prison department’s work
alone,
not proper. Its fact that there are no dearth of judicial verdict on
the exclusive subject of rehabilitation, reformation, social
reintegration which have already been discussed in this research, but
Legislative and Executives have to come forward in a more co-
ordinated way for getting successful rehabilitative goals.

7.7 OTHERMEASURES:

 Vocational training is another major tool in the hand of


Prison department where an inmate can be trained as per
his/her requirement which will arise after his release. Here it has
been found that present training is mostly incompatible with
the requirement of inmates. These training are mostly just
engaging inmates in jails as to pass their time rather focusing on
sustainable employment. Prisons (1401) in India are having very
much able man power(Prisoners) of about 4 lakhs on any day.
These huge potential human resources, mostly young lots
remained unutilized inside and outside of the prisons. Thus
sustainable and meaningful employability factor must be
imbedded into their training and it should be better to include in
Rehabilitative Act(Propose)

 Open Jails: Open prison has now been developed as one of


the source for improving economic activities as well as
reducing the stress and facilitate in social reintegration of
inmates with his family without any barriers. Inmates are
going in nearby markets for their livelihood and retuning in
the evening, staying with family members. Madhya Pradesh
(Indore) and Bihar Government open jails have come under
apartment culture, where inmates live with families. Open
Jails are provided mostly those who are passed at least

2/3rd of their prison periods. Here at this point policy needs


to revisit and it cannot be in all cases. A doctor, Engineer,
Teacher
who might have entered into Jail for petty matters, may not

be allowed to spent 2/3rd of their incarcerations into the


closed prisons .Keeping within four walls for long time will
kill their expertise and never be able to revive. It will be a huge
irreparable loss. Thus these groups should be sending early
based upon their conduct. Model Prison Manual 2016 has
addressed open jail into their topics but to have uniformity in
policies and advisories may be issued.

 Parole: It has been found that Police and sometime


concerned authorities are invariably refusing Paroles. It may be
noted that Parole is only alone system for the purpose of
Rehabilitation. Since rate of escapee is very less, therefore
keeping goal of reintegration, as admissible, Parole should be
promoted.

 Improvement in infrastructures: This is another challenge


before Prison department. Our Engineers are not R&D (Research
and Development) oriented and more so over in Prison
Administration at the majority places senior management’s active
partition at Project approval level are also minimum. These two
things are leading a faulty construction which ultimately
becomes difficult for making classification of prisoners. For
example Puzhal Central Jail of Chennai where individual cells
have been made with better security in minimum deployment
(crescent shape). Successful planned construction of a prison will
make better discipline and trainings. It will also promote health
and hygiene in better way.

 Budgetary provisions: Infact budgets are mostly earmarked and


it is projected in advance by prison management to their
Government. These budgets are coming either late or not
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released by treasury in time. Increase in Budgets is rare in
Prison Administration. Here again projection of Budget
demands active

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participation of senior officials, which is somehow deficient.
At this point lack of exposure and unable to understanding
goals becomes major bottleneck. As far as Government of
the day is concerned, provides budgets generally with bare
minimum cut. Thus budgets demands should be studied
thoroughly and submitted in time with proper explanations.
No one is negative in the Ministry or Government; all are
supportive, needs proper justified projection. For example
works are not provided to most of the prisoners, although
works are there but budgetary constraints makes them
unfit. Majority of states are paying minimum wages as
well as generated additional resources of income also,
these all are possible when annual budget will be
projected accordingly. At present half of the money gets
deducted i.e. Prisoners welfare fund and victim’s
compensation fund, resulting meager amounts are left.

……….

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