Critical Analysis On: Rehabilitation of Prisones
Critical Analysis On: Rehabilitation of Prisones
Critical Analysis On: Rehabilitation of Prisones
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
Dr. S. SRINIVASAN
Associate Professor
PONDICHERRY UNIVERSITY
CHAPTER – VII
SUM- UP
7 Conclusion:
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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.
7.1 SUGGESTIONS
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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.
7.1.2 Infrastructure:
7.1.3 Training:
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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.
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.
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.
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.
7.4.1 RESTORATIVEJUSTICE:-
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.
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257. Handbook on RestorativeJustice Program-UNODC.
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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.
7.6.5 EDUCATION:
7.6.6 REHABILITATION:
7.6.9 CERTIFICATE:
7.7 OTHERMEASURES:
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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.
……….