Interventions For Prison

Reforms

Authors
Dr. A.N.Singh
Dr. Mridul Srivastava

Institute of Education and Social Development

568/9, Kailashpuri, Alambagh,
Lucknow-226005

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Dedicated to all
my Teachers and
Family Members

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 FOREWARD

I have great pleasure in writing the foreward to the book Interventions for prison
Reforms written by Dr. Mridul Srivastava of the Department of Social Work,
University of Lucknow, Lucknow. This book is an published outcome of his
research work on the topic “ Social Work Intervention on Treatment and
Rehabilitation of Convicts in the Tihar and Model Correctional Institutions of Delhi
and Uttar Pradesh (India) which he has done under my supervision.

His research has contributed to the existing literature in many ways. The
research work put emphasis on correctional and rehabilitation aspects of the
prisoners stay in the jails and on integrated offender management system. The
latter is comprised of induction, assessment and sentence planning and
management. The use if multidisciplinary and multiagency approach in the prison
also suggested. Police, judiciary and jail management need drastic reforms that
are long overdue. The conditions in jails are very bad. Though the survey
presents the findings of two jails which are relatively better. Sensitivity to
prisoners needs is much lower in other jails around the country. And that calls for
stronger and more comprehensive social interventions. Social reintegration of ex-
prisoners in the society calls for an attitudinal change. The business process
Outsourcing model for prisons and Conditional privatization of the prisons is the
demand of the present to make the prisons autonomous and self sufficient in
economic terms also. The initiative for bringing about such a change will have to
target not only the jail authorities and prisoners but also the families of prisoners
and the community. De- stigmatization and social acceptance will facilitate not
only social integration but also economic rehabilitation.

The study believes the important feature of rehabilitation is economic self

reliance. Skill development, accompanied by education, for developing income
generation capabilities. There is still much more have to be done in this regard.
For instance, skills have to be relevant that will help in producing goods or
services that can be marketed readily. This will require mechanism for
continuously identifying such skills/ skill levels, facilitating establishment of
relevant economic activities, and providing appropriate services required
therefor. Experience shows that the most appropriate forms for providing such
support are NGOs and SHGs. Linkages shall, therefore, have to be developed by
the jails with such organizations. The research explores the social implications of
denying marginalized groups in society, especially those discharged from prison,
their right to adequate housing. It reveals the adverse long term effects caused
by denying them their right to housing and how it impedes their reintegration
back into society. The dissertation is an important contribution to the field of
housing because it focuses on a section of the society, which rarely gets
adequate attention in the field of housing rights, says Depika Sherchan,
Programme Officer of COHRE Asia Pacific Programme, Australia. Mr. Graeme
Barber, Director of Prisons of Corrective Services of Tasmania says that the

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coordination among the rehabilitation process and the criminal justice system is
important. “Change through Innovations” and creativity is essential if prisons and
wider justice systems are to respond effectively not only to the needs of the
offenders but those of the community.

In addition to the above, more than 200 experts from 27 different countries
contributed in his thesis and his thesis has been acknowledged by many
Universities/ Institutes of all over the world. These includes USA, U.K, Australia,
New Zealand, Sweden, Israel Tasmania etc. and many national organizations
and institutes accepted his policy interventions.

There are a few studies which attempt to describe and portray the conditions of
prisoners in some of the prisons in India. In fact this is the first study of its own
kind under the Department of Social Work, Lucknow University on Prison
Reforms. However, to my knowledge there is no systematic and comprehensive
study of a macro and micro nature which describe prison as a whole in the
country.

I wish this comprehensive, historical, analytical study, had conducted with certain
deeper theoretical debates connected with the prison reformation, and its relation
to specific large class society. His book suggests many ideas which can be
analysed in a more fundamental manner. I am sure this work will provoke deeper
probes into the implications hinted by the author. Opportunities for further work
are numerous. This research has opened up a window for developing them.I
wish that this serious study inaugurates a new phase of systematic research in
an area which is very sensitive and vital.

(Dr.A.N.Singh)

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 PREFACE
Prison, Prison Life, prison as an organization and the conditions of the prisoners
have acquired a crucial importance during recent years in India. Unfortunately,
there are many speculative and bizarre ideas prevalent about prison system, not
merely among ordinary citizens but also even among highly educated and
learned grous in the country. One gets a very impressionatecontradictory picture
about both the prisonas a social system and for reformation purpose and the
prisoners who inhabit them from the literatureavailable upto now. One impression
gives a glowing picture of how prisoners are happier, well placed, and more
secure than overwhelming citizens in this country. There is a contrasting picture
also prevalent wherein those who are condemned to live in prison are believed to
be living in a situation where they are supposed to be constantly humiliated,
tortured and live a very degrading abominable existence. Both the impressions
are founded on lack of information about interventions taking place in the prisons.

I feel pleasure to express my deep sense of gratitude to Dr. A.N.Singh, my

supervisor, Reader in this department, whose valuable guidance was a constant
source of inspiration to me. Without his proper guidance, it would not have been
possible to present the work in its present nature.

I offer my deepest regards and sincere thanks to Prof. R.B.S.Varma, Head,

Department of Social Work, Lucknow University for providing me all the possible
facilities, valuable suggestions and constant motivation during the course of the
present study.

I also express my sincere regards and thanks to my Former Head and Present
Vice Chancellor, Mahatma Gandhi Kashi Vidyapeeth, Varanasi, Prof. Surendra
Singh and Prof. S.P.Srivastava for constant encouragement during the course of
study.

My grateful thanks are extended to Prof. Ashok Chandra, Former Special

Secretary, Ministry of HRD, Govt. of India, Dr. M.K.Khanijo, Senior Advisor
International Management Institute, Sri M.S.Ramanujam, Senior Fellow, Shri
Ram Centre for Industrial Relations and Human Resources for offering many
useful suggestion and constant encouragement during the course of the study. I
offer sincere thanks to my cousin Shri Anurag Srivastava, Joint Commissioner
Income Tax, My Uncle Shri Ashish Kumar, Director, Evaluation Department,
Govt. of India for giving me moral support and constant motivation towards the
completion of this work.

Thanks are also due to Shri Suresh Chandra, SSP Prison Department, Govt. of
U.P., Shri Anil Kumar, SSP Model Jail, Shri Ajay Agarwal, DG Tihar Prison, for

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providing me full cooperation and help. I offer sincere thanks to Sri Satya
Prakash, Dy. Jailor, Shri Dheeraj Sinha, Dy. Jailor, Shri K.K. Mishra, Dy. Jailor
for providing me extraordinary support in gathering the data. I am also thankful to
my seniors Mrs. Raj Laxmi Kakkar, Joint Secretary Laxmi, Mrs. Sadhana
Mehrotra, Secretary, Laxmi, Shri Ranjit Ambastha, Programme Officer, Oxfam
and Shri I.P. Kanaujiya Project Director, DUDA, Lucknow

Thanks are also expressed to my friends , Mr. Mithilesh Mishra, Mr. Madhukar
Vishwakarma, Mr. Ajeet Kumar, Mr. Rajan Tiwari, Mr. Pramod Kumar, Ms. Arti
Patodia, Ms Shruti Yadav, Ms Shruti Tripathi, Dr. Anupam Shukla, Ms Shifalika
Mishra, Mr. Avinash Chandra for extending their wishes for the completion of
this study.

I extend my indebtness to my Parents Shri Narendra Kumar Srivastava and Smt.

Manorama Srivastava, Brother Manish Srivastava, Bhabhi Suman Srivastava,
Sisters mamta and namita, Jija Ji Mukesh and Prabhat Uncle Sri Ashok Chandra
Rai, My Cousin Vinay Srivastava, Mr. Anmol Srivastava, Mr. Vineet Srivastava,
Mr. Piyush Srivastava, Mr. Puneet Srivastava, Mr. Prateek srivastava, Mr. Pranjul
Srivastava, My loving nephews Aniket, Ankita, Akchita and above all my Addya
Srivastava and all the family members and relatives for their blessings and
constant encouragement all through.

(Dr. Mridul Srivastava)

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 Interventions For Prison Reforms

Table of Contents

Contents

Foreward

Preface

Letters Received

Glossary of Key Terms

CHAPTER I Introduction

CHAPTER II Historical Overview of Origin of Prisons

and Reform process

CHAPTER III Concept of Human Rights of Prisoners in India

CHAPTER IV Experts Perception towards Treatment and Reformation

of Convicts

CHAPTER V Research Design and Methodology

CHAPTER VI The Status of Tihar Prison, New Delhi

CHAPTER VII The Status of Model Jail, Lucknow, Uttar Pradesh

CHAPTER VIII Convicts perceptions

CHAPTER IX Principles of Effective Intervention

CHAPTER X Conclusions and Policy Implications

CHAPTER XI Business Process Oursourcing Model (BOMP) and

Integrated offender Management System (IOMS)
Bibliography

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Glossary

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Active management Skilled and knowledgeable
staff use every contact with
each offender to have a
positive influence on that
offender’s specific risks and
needs.

Assessment This formal process evaluates

an offender’s risks and needs,
using tools to make sure that
assessment is objective and
scientific.

Categories Categories are groupings to

which offenders are assigned
on the basis of sharing
certain key characteristics in
common; once assigned to a
category , those offenders are
subject to a distinct style of
management designed to address
the characteristic common to
the category.

CNI The Criminogenic Needs

Inventory is a tool for
assessing criminogenic needs
and responsivity.

Criminogenic needs These needs lead to an

individual’s offending. Each
of these needs has the
potential to reduce the
reconviction rate for that
particular individual if that
particular need is addressed.
In other words, these are risk
factors themselves which
reduce re-offending when the
risk factors themselves are
reduced.

Induction Induction is the formal

process by which an offender
is introduced into their

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 sentence or the event which is
about to happen.

Intervention Services ( such as

rehabilitative programmes,
education and training) are
delivered to offenders,
designed to improve their
personal, social and
occupational functioning.

CRN Culture related needs (CRN)

are identified as part of the
CNI interview process. They
describe the cultural aspects
of key factors that
potentially increase the risk
of offending.

Offender management This describes the entire

process an offender goes
through during their contact
with the Department –
including induction,
assessment, sentence planning
and management, and
reintegration.

Rehabilitation Rehabilitative activities seek

to train, educate and
influence offenders so they
become generally better
equipped to manage their lives
positively, and do not re-
offend.

Reintegration Reintegration relates to

activities where the emphasis
is directly upon identified
social or lifestyle problems
facing that offender- problems
which are likely to lead to
re-offending following
release. The focus of
reintegration is towards a
specific problem, rather that

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 the general skills of the
offender as with
rehabilitation.

Responsivity This measures during

assessment works out whether
an offender is willing and/or
able to change certain
criminogenic needs. Like other
assessments, it comes out as a
score. Some offenders with low
responsivity are put onto
programmes to increase their
responsivity before their
criminogenic needs are
targeted.

Risk Risk relates to re-offending,

and to the risk that an
offender presents to
themselves and to others
during their sentence.

RoC RoC – risk of conviction – is

a screening tool which comes
up with a score to show how
likely an offender is to be
convicted in the future.

RoI RoI – risk of imprisonment – I

a screening tool which comes
up with a score to show how
likely an offender is to be
imprisoned in the future.

RoC X RoI RoC- risk of conviction –x RoI

- risk of imprisonment- are
tools used in combination to
guide levels of assessment and
intervention with offenders.

Social work In broad terms, service to the

community, which might include
vocational guidance and
training, rehabilitation
programs, counseling etc.

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 Social workers seek to improve
the moral, physical and
spiritual conditions of the
people and the community they
serve. Or Professional or
voluntary work with
disadvantaged group.

Targeting Most resources are directed

towards people with high risk
of conviction and high needs.
Targeting is also applied to
managing people with similar
needs in the same way by
focusing a response or
intervention to meet those
needs.

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CHAPTER - I

Introduction
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 CHAPTER – I

INTRODUCTION

Society reacts to criminal behaviour in a number of ways, one of which is the

practice of incarcerating the offender, to serve the purpose of “ Corrections” .
Corrections, is the part of society’s agencies of social control that attempts to
rehabilitate or neutralize the deviant behaviour by imparting various treatment
programmes besides confining the offender. (Fox, 1977)

Though in recent times reformation has been in focus of corrections prior to the
emergence of incarceration numerous forms of punishments were utilized as
measures of social control (Reid, 1981) to serve the purpose of criminal
sanctions. Retribution, expiation and deterrence were the justifications of
punishments. As the popular conception of the punishment in the yesteryears
amounted to inflicting some sort of pain in the offender for his violence of law
(Allen et al, 1975). The impact of political, economic and social changes in the
18th century brought out the beginning of a era of changes in the trend of
punishment. In the 20th century the concept of justification of punishment shifted
to deterrence followed by reformation, rehabilitation and reintegration of the
offender into the main stream of the society (Reckless, 1971). In other words, the
trend has been towards humanizing punishment and reduction of brutalities
which ultimately gave rise to a new concept called “Corrections”. While
humanizing the punishment, special attention was focused on convicts in
correctional institutions.

The problem of Social rehabilitation and treatment of prisoners is, with the
passing of years, assuming larger dimensions in almost India. This is so because
the moral consciousness of human being is more actively manifest in the
anxiousness of society to secure the redemption, treatment and rehabilitation of
those who by committing less serious offences have stayed away from the time
being from the normal walks of social life. The Social intervention of convicts
ideally includes treatment in the forms of supervision, guidance and assistance.
Despite the social interventions taking place in the prisons, certain precautions
need to be taken in advance so that the convicts will not return to crime after
release. Despite the usefulness of aftercare service, there has been very little

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progress in the area of treatment and rehabilitation in correctional organizations
of India.

In the developed countries of the west, voluntary social and religious

organizations have been doing a lot of extremely useful and humanitarian work
pertaining to the treatment and rehabilitation of prisoners. In the Indian context, a
need to involve social work practice in prisons is required and employment
oriented rehabilitation programmes to be introduced in the prisons. Social work
intervention is to be developed for establishing and maintaining contacts with
employers and the selected convicts. Social rehabilitation of convicts is now a
matter of serious concern. It is felt that in the view of the failure of our existing
prison system to reform criminals there is a need for increasing application of
non-punitive and rehabilitation based treatment of convicts. The social
interventions maintains cohesion among inmates, creates self confidence in
inmates, develops mutual support, nature of adjustment in prison community and
develops loyalty between convicts and society. Effective social work services to
be introduced to reform the convicts. There is a complex two way process in
which goals, ideas and beliefs influence and are influence by the social structure.
Applying this to prisons it might be said that prisons relations are patterned by
structural determinants. Meanings and motives of prisoners are socially generate
and sustained in ways of which prisoners themselves may be unaware. As such,
along with structural changes, interpersonal relations in prisons should be so
permitted to develop that prisoners own motives and meaning may get
importance in their behaviour. There are a variety of ways to deal with the stress
created by prison life. Some inmates feel they must be actively constantly in
order to survive the prison experience. Their activities may include some learning
process that can help for the adjustment of convicts in the society after release.
Social intervention can help a lot in the reformation, treatment and rehabilitation
of convicts.

The correctional institutions are less willing to underwrite the cost of providing
decent conditions and rehabilitative programmes. The financial support and other
assistance needed by the correctional institutions are denied. The prison was
expected to be self financing, even profit making through the exploitation of
inmate labour. The long run trend however towards more humane and rational
practices in corrections. Prisons are free to operate in less punitive and restricted
ways. They might secure the financial support necessary to obviate the need to
exploit inmate labour. Commitment to prison would become a beneficial act for
the offender only at helping him to a better future life. The “Sick Model” of the
management of offenders has never been tested in correctional fields. Thus
there is a little hard evidence either for or against its usefulness in rehabilitating
offenders.

There may be some regional differences among correctional systems which are
traceable to historical and geographical factors, while other distinctions between
systems seem more related to differences in population and economy. The

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classification of the offenders should be on the basis of characteristics of the
offenders. The needs for the rehabilitation process depends on the correctional
institution’s initiatives, creativity and capacity of risk taking. There is a need for
evolving a common philosophy, full sharing of information, flexible arrangements
for accomplishing overlapping of contemporary task, pooling of scarce resources
and close collaboration in such vital ventures such as planning, public education
etc.

Correctional institutions should concentrate more on giving treatment and training

to their inmates and that should employment generating. The men/women
convicts can not be put into the same categories because their requirements of
training and treatment are not same. Historically the prisons were using the
inmate labour for their own development without considering the inmate’s
requirements. The prison population was their labour force and that is why prison
industry came into operations. Consequently whatever provisions are to be made
for specialized services and differential care for offenders should come from
within the institution, using whatever resources are available.

Offenders may also be encouraged to perform community service or make

reparations to victims for damages. Some schemes may involve what is called
“reintegrative shaming”. This is different from stigmatization (which tends to
exclude and insolate individuals) instead involves a sequential process of first
shaming the offender and then accepting him or her back into the community
through gestures of forgiveness. Reintegrative shaming is based on the belief
that conscience is a more powerful weapon to control misbehaviour than
punishment.
Five fundamental considerations are usually in operation are as follows:
Social Isolation and Confinement i.e. to isolate offender from society
Repentance i.e., to keep an offender in an isolated place where he could
ponder over the consequences of his wrong deeds
Punishment and Deterrence i.e., to inflict some pain and suffering
Protection i.e., protecting community from criminals
Reformation and Rehabilitation i.e., to change offender’s values,
motivations, attitudes and perceptions through education, training, treatment
or a combination of these and to resocialize him and restore him to
community.
(Ahuja, Ram 1996, Pg 258-259)

DEFINING CORRECTIONS

Oxford dictionary definition: “ Corrections in common parlance refers to all the

efforts that are taken by the criminal justice personnel to effect some kind of
correctional change in the offender in an effort to set right the deviant behaviour”.
Bartollas (1985) clarifies that the term correction in itself indicates that the major
aim in dealing with offenders is to bring them to a recognition of their behaviour
so that it becomes more beneficial to the society and perhaps to their own goals.

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The evolution of this concept of correction was marked by increase in growth of
imprisonment and its modifications as well as substitutes such as remission,
parole and probation, short term sentences and fine. Prisons came to be called
as “Correctional Systems” or “Correctional Institutions”

CRIMINAL GOALS

Broadly there are two type of correctional goals

1. Custodial Goal
2. Rehabilitative Goal

The custodial goal requires the incarceration of offenders in a safe but

conditioned environment, to punish them for past crimes and deter future criminal
activity (Grosser,1969). The rehabilitative goal requires the provision of treatment
through various kinds of programmes which are aimed at resocialization,
reassimilation and reintegration of the offender into the main stream of social life
after release. While the custodial goal is achieved by confining the offender in
prisons, the rehabilitative goal is achieved by means of various treatment
modalities.

THE CORRECTIONAL MODEL

Any measure taken to change the offender’s character, habits or behaviour

pattern so as to dismiss his (or her) criminal propensities is referred to as
correctional treatment and various methods adopted in bringing about such a
change is referred to as a “Correctional Model”. This implies that instead of
looking at the prisoners as an economic burden, we should look upon them as a
resource for generating prosperity. It is regularly observed that there is a greater
need for self development. And this can be achieved through motivating an
offender present behind the walls of prison towards self development.
Rabindranath Tagore once observed that it was only a lighted candle that could
light another. In broader sense development is synonymous with the process of
learning. This process may be structured. Two such models incorporating
treatment ideologies are the medical model and the rehabilitative model.

The medical model implies that

1. Incarcerated individuals have problems, problems which are a direct cause of
their behaviour.
2. Correctional programme personnel can diagnose these problems accurately
and have appropriate treatments available for the individuals.
3. These treatments will be properly applied ; and
4. The problems will be ‘solved’ ( or at least mitigated as a result of these
treatments)

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5. In addition the individual’s criminal behaviour will begin to diminish as a result
of mitigating the problems (Maltz,1984)

The Medical Model

Offenders Problem ---------- Crime-----------Arrest-----------Trial----------

Diagnosis-----------

Treatment----------Problems Mitigated----------Return to Acceptable Behaviour

By Goffman, 1961

This sequence of implications forms a logical construct and is referred to as

medical model of corrections (Goffman,1961). This model forms the basis for the
“Rehabilitative Model”.

The rehabilitative model implies that :

1. Offender’s problem begins in the society and must be solved where it began.
2. Society fulfills its responsibilities by helping law violators to reintegrate
themselves back into the social order by means of correctional treatment.
3. Offenders learn how to utilize these opportunities so as to mitigate the
problem.
4. Meaningful community contacts are provided to achieve the objectives of
rehabilitation, resocialization and reintegration.
5. Offenders are provided to assume their usual normal roles as citizens and
family members ( O’Leary et al.,1971)

The rehabilitative model encompasses various approaches to the treatment of

offenders . The psychological approach that employs intensive counseling via
personality management and behaviour modification to treat offenders
(Himselson,1976) ; the educational – socialization approach that provides
inmates with educational opportunities thereby fostering access to success goals
through legitimate means (Merton,1957) Cloward and Ohlin,1960) the cultural-
reorientation approach –a combination of the above two approaches that
identifies the crux of the problem viz. that the offenders beliefs and values in
conflict with the conventional culture and attempts to apply the remedy in a
context that is conducive to mitigate the problem

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 CHAPTER-II

HISTORICAL OVERVIEW OF
ORIGIN OF PRISONS AND THE
REFORM PROCESS

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 CHAPTER - II

Historical Overview of Origin of Prisons and the

Reform Process

THE ANCIENT PERIOD

The ancient Indian society exhibit all the characteristics of ascriptive social
structure. The central principles of organizations were formulated in the famous
texts like Manu, Yajnavalkya, Chanakya’s Arthashastra and others. The crimes
and punishments were regulated in accordance with the Smrti. Many crimes and
wrongs were sins and entitled secular punishments and also religious sanctions.
The ancient Smrti writers were quite aware of the several purposes served by
punishments for crimes. The individual, however, could not, in civilized societies,
take the law into his own hands and therefore the state saw it that the emotion for
retaliation or revenge was to some degree satisfied by the adequate punishment
of wrong doer. This aspect of the Smrti writers has resemblance with the present
judicial system in India, that no person is allowed to take law in his hands, but the
state take cognizance of the wrong doer. In all ancient societies, the laxtalionis
(The law of retaliation) prevailed. The philosophy of punishment for rehabilitation
was not in existence.

Kautilya prescribes that a jail should be constructed in the capital provided with
separate accommodation for men and women kept apart, (thus the principle of
classification of men and women was in existence in the jails during ancient
period), and well guarded at the entrances (Since there is no mention about jails
in other parts it is evident that very few persons were sent to jail to undergo
punishment). He further provides that among the duties of nagarka is to let out of
the jail on the day of the festival of the birth constellation of the king and on the
full moon day (of every month) such persons as are young, very old, suffering
from disease and helpless or those who are charitably disposed may pay the
fines or other bind themselves by an agreement to pay in cash the fines for the
offences for which the prisoners are jailed may be set free on their working every
day or once in five days or by undergoing corporal punishment, paying fines in
cash. Prisoners may be released from the jail on the conquest of a fresh territory
or on the coronation of the crown prince or on the birth of a son to the king. This
system has some similarity with the state remission in the present system.

There was no regular prison system in ancient India, as most of the punishments
were meted out outside prison, and imprisonment as a mode of punishment was

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not a regular feature. When compared with the modern prison system in India,
we find that
(1) There were no prisons in the modern sense.
(2) There is no description about the internal administration of prison.
(3) There was no separation of prison service from the civil service.
(4) There is no description about the types of prisoners sent to prison, as their
relation with the outside world.

The Mughal Period

The legal system in Mughal India resembled that of ancient India and attempted
to temper with day to day administration of justice. According to Muslim law,
there are two categoties of crime. The first includes crimes of human and private
nature and are subject to the law of talion and ransom. In the second category
are the crimes of theft, brigandage, extra-marital sexual relations, apotacy and
wine drinking.

The object of reformation was also taken into account while awarding
punishments during Muslim period, may be in few cases. The literal meaning of
Tazir means “ to censure or repel:. This punishment, intended to reform the
culprit (litashhir) was not known to the Quran’s and found its way into Muslim
Law at a comparatively later date. The main object of this punishment being
reformation the degree of punishment varied with the social status of the
accused. More than 80% of the population being excluded (being in villages), the
state responsibility for administering justice was limited to larger units of
Government, Parganas, Sarkars (Districts) and Baldat (provincial headquarters).
In the villages criminal as well as the civil cases were decided by the village
panchayats and also the revenue cases. Sir Henry Eliot has given an apt
description of the panch and panchayat courts. There was belief that “ there is
God in Panchas”.

In short the forms of punishments , as described below, continued even during

Mughal Period

Danda (Punishment)

Diwan Danda Deva- Danda Jati-

Danda
Or or or
Raj Danda Brahma-Danda Gotra-
Danda
(Official Punishment) (Religious Punishment) (Caste
Punishment)

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 As regard the procedure in proving the charges, we find that
witnesses were essential to give evidence. This system has resemblance with
the present system, that is, witnesses are essential to give evidence in support of
the charged leveled against the accused.

During Muslim period also, the principle of “Let 100 accused be set at liberty, but
one innocent person should not be punished” was not in existence. The Quazi
should hold the court in an open place and preferably in a mosque, so that the
poor have free access to him, but there is no harm if he holds the court at his
house, provided people are freely admitted. (Thus the principle that justice must
be seen by others was followed, as is done in the present system) The parties
appearing in the court have equal status in the eye of the law, hence the quazi
should make them set together as the same place and make no distinction in the
arrangement, even if the king be a party in case before him (thus the principle
that before law everybody is common, was maintained.

The principle forms of punishment during Mughal period were (1) Capital
Punishment (2) Mutilation (3) Flogging (4) banishment (5) Tashir (6) Fines (7)
Imprisonment. Although imprisonment was a very useful form of punishment in
Mughal India, there were no specific rules fixed for it. Even though there were no
jails, in the modern sense, during mughal period the practice of releasing
prisoners on bail from jail was in existence. The application may be in
exceptional cases. Imprisonment as a method of punishment not being the
normal feature of the legal system (in official punishments) punishments being
meted outside the prison

The Maratha Period

During maratha period also imprisonment as a form of punishment was not very
common. Death, Mutilation, fine were common forms of punishments. Since
imprisonment was not the principle form of punishment, during maratha period
also, the development of modern prison system was not possible. There is no
evidence about the prison management during the pre peshawar period. During
the peshwa period some information is on the record on prisons.

Some rooms in forts popularly known as the bandi khanas or adabkhanas were
reserved for prisoners, and the culprits who had committed serious crimes, were
sent to such forts from different places. Prisoners were treated according to their
station in life, and the nature of crime they had committed. Persons of the lower
castes and especially adulterous women, both of higher and lower castes were
compelled to do hard labour on building fortresses (In the present system, the
prisoner’s past history, or his religion is not taken into account while allotting work
in the prison). The quantity and also the quality of rations varied according to the
rank of the prisoner. (In the present system also the class I and the class II
prisoners are given different diet and thus discrimination in social status is
maintained in prison also. But the principles underlying the difference are

37
different) The allowance of food is regulated both by weight and not by price. (In
the present system, the allowance of food is regulated both by weight and price.)
They were sometimes given leave for going home, to perform religious
ceremonies like the “ Shraddha” ( funeral rites) of dead parents, marriages of
grown up daughters and the thread ceremony of sons, which the peshwa as the
religious head of the state could not permit to be neglected, and were often given
money to perform the “obsequial rites” in jail. (These practice of giving leave for
emergency resembles the system of release on parole in the present system)
Due consideration was given to the prisoner’s health and if required , they were
released. (In the present system also, prisoners are released from the prison ; if
required certificate is issued by the authorized medical officer) Sometimes their
relatives were allowed to attend them. (In the present system, there is no such
provision.) If the climate did not suit their health they are transferred to some
other places and were often supplied with necessary clothing. (In the present
system also prisoners are transferred from one prison to another on medical
grounds, and extra clothing and bedding are also issued on medical grounds.)

To summarize the main features of prison system as they prevailed in pre-British

period, we find that
(1) There were no prisons in the modern sense.
(2) There is no description about the internal administration of prison
(3) There was no separation of prison service from thew civil service
(4) There is no description about the types of prisoners sent to prison, and the
relation of prisoners with the outside world
(5) Courts were not the feeding centers for prisons
(6) Imprisonment was not the normal feature of punishment and most of the
punishments were meted out outside the prison
(7) Some forts were used for keeping certain types of prisoners
(8) In such “Fort-prisons”, there were no rules for the recruitment of the staff,
rules and regulations for the treatment of prisoners.

Emergence and changes in the Modern Prison System

With the advent of the British, the administrative structure in India began to
assume a new form. At first very little alteration was made in the existing legal
system. It was probably impossible for the English at once to assume the duty of
administering criminal justice, but they could not help it long. In 1773, was
passed the Regulating Act which established the supreme court at Calcutta to
exercise “all civil, criminal, admiralty and ecclesiastical jurisdiction and indicated
the intention of the British Government to introduce English rules of law and
English superintendence of law and justice.

About 1790, the punishment of mutilation was forbidden by law in bengal, and
the criminal courts were directed to inflict imprisonment with hard labour in its
stead. In 1833 the attention of the British parliament was drawn to the
“anomalous and sometimes conflicting judicatures by which laws were hitherto

38
being administered”. An Indian law commission was appointed to prepare a
uniform code of legal rules. First the civil procedure code, then the Indian penal
code and almost immediately afterwards the Criminal Procedure Code, all of
which had long been in preparation, were enacted. A uniform system of legal
justice was initiated in India. The Indian Penal Code defined each and every
offence and prescribed punishment for it. Imprisonment became the most
conspicuous and most commonly used instrument of penal treatment.

Correctional Aspect of Prisons in Criminal Justice System

Indian Commissions and Committees appointed

The emergence and changes in the modern prison system are the result of
different commissions appointed time to time. In 1835, Lord Mecaulay arrived in
India, as a member of Indian Law Commission. He was of the opinion that the
best criminal code be of very little use to a community unless there be a good
machinery for the infliction of punishment. In his minute dated 14th Dec 1835, he
states “ Imprisonment is a punishment to which we must chiefly trust. It will
probably be resorted to in 99 cases out of every hundred. It is therefore of the
greatest importance to establish such regulations as shall make imprisonment a
terror to wrong doers and shall at the same time prevent it from being attended
by any circumtances shocking to humanity. Thus the deterrent philosophy for the
management of prisons in India was recommended. The suggestion of Lord T.B.
Mecaulay to appoint committee for the purpose of collecting information as to the
state of the Indian Prisons, and of preparing an improved plan of prison discipline
was readily received by Sir C. Metcalfe, then acting Governor- General and a
committee was appointed to report upon the subject. The report was presented in
the early part of 1838. The committee handled the aspects of housing of
prisoners, discipline, health, diet, remunerative theory, rewards and punishments,
education, labour and recommended a series of suggestions. The committee in
its recommendations deliberately rejected “ all reforming influences such as
moral and religious teaching, education or any system of rewards for good
conduct and suggested the building of Central Prisons where the convicts might
be engaged not on manufactures which it condemned but in some dull,
monotonous, wearisome and uninteresting work.”

The difficulties in implementing the suggestions of the committee were summed

up in the following extract from Lord Auckland’s resolution upon the committee’s
report, “ Every reform of prison discipline is almost of necessity attended at the
outset with extraordinary expense. To change the common herding of prisoners
of all descriptions for careful classification, to substitute a strict and useful
industry for idleness or for a light and ill directed labour, to provide that the life
which is irksome shall not also be unhealthy, and that the congregation of the
vicious shall not be a school of vice, are all objects for the first approach to which
buildings must be erected, machinery formed and establishments and checks
upon establishments contrived, and in the perfect attainment and maintenance of

39
which great disappointment has after every effort and expense in many countries
ensured. In no country it is likely that greater difficulty will be experienced than in
this. For the mere locality of the prison, that which is healthy in one season may
become a pest house by a blast of fever or of cholera in another. For its form the
close yard which is adopted for classification and is not unwholesome in England
would be a sink of malaria in India. For food, for labour, and for consort, there are
habits and an inveteracy of prejudice and of feeling bearing upon health, and
almost upon life, opposing difficulties to the just management of prisons such as
are not elsewhere to be encountered , and super-added to all this is the absence
of fitting instruments for control and management, while it is principally upon a
perfect tact and judgement and an unwearying zeal that the success of every
scheme of discipline has been found to depend.”

Sir John Lawrence, the Governor of India reviewed the position in 1864and
appointed the second prison commission to minimize the high death rates in
prison, and for considering other aspects of jail management. The committee of
1864 found that during the preceding ten years no less than 46,309 deaths had
occurred within walls of the Indian Prisons. The committee came to the
conclusion that the sickness and mortality may be considered as mainly
attributable to (1) Overcrowding (2) Bad ventilation (3) Bad drainage (5)
Insufficient clothing (6) Sleeping on the ground (7) deficiency of personal
cleanliness (8) Bad water (9) Extraction of labour from unfit persons and (10)
Insufficient medical inspection. The committee also considered the aspects of (10
Juvenile delinquency (2) Female Prisoners (3) Dietary (4) Jail discipline
(Superintendence, labour, rewards, punishments, education) (5) Classification of
Convicted prisoners (6) Habitual Prisoners and recommended a series of
suggestions in the prison system. Due to implementations of the
recommendations of the committee, the death rate in prisons was considerably
reduced.

In 1876 Lord Lytton appointed a third commission to make a general review of

the subject, and in particular to suggest means for introducing more uniform
regulations and for making short sentences more deterrent. The committee
reviewed the jail management generally and mostly concerned itself more with
the matters of detail prison work than with the general aims and principles of
administration. The plan adopted, as remarked by the Indian Jail Committee
1919-20, was “of embodying in the report a long account of discussions, the
arguments pro and con and the opinion even of the individual member, with the
result that actual conclusions arrived at were buried under the mass of previous
deliberations of the Indian Jail Committee.”

In the time of Lord Dufferin, in 1888, attention was again directed to the diversity
of practice, and two officers of experience were appointed to visit the jails of
different provinces, and to investigate on the spot questions regarding health,
discipline and general administration. They made an exhaustive inquiry, and
submitted their report in 1889, which dealt with prison discipline and

40
management in all its aspects. The report was a “business-like Report”, covering
nearly the whole field of internal management of jails and laying down rules for
prison management. The committee recommended the separation of under trial
prisoners and the classification of prisoners into casuals and habituals. Most of
the recommendations were incorporated in the Jail manuals of various provinces.

The work of the committee was supplemented by the All India Committee 1892.
It re-examined the whole prison administration in India and drew up proposals on
the subject of prison offences and punishment. The report of the committee was
accepted by the Government of India which passed the Prisons Act 1894. The
Act fixed nine hours labour a day for a criminal prisoner sentenced to labour or
employed on labour at his own desire. It further redefines what constitutes prison
offences and laid down punishments for the same. This Act was largely based on
deterrent principles and reflected the contemporary English public opinion on the
subject. The legislatures took little pains to look into the other side of the
problem. They were concerned more with prison working than with prison
treatment and gave more consideration to prison offences and punishments than
to its effects. Surprisingly the same Prison Act of 1894, even today, is in
existence in the management of prisons.

The year 1897 marks a landmark in the history of prison changes in India. In that
year was passed the Reformatory Schools Act. The Act modified the prior
legislation on the subject, which had remained more or less a dead letter, and
directed the courts to send a “youthful Offender” to a reformatory school instead
of a prison. The Act defined “Youthful Offender” as “ any boy who has been
convicted of any offence punishable with transportation or imprisonment and who
at the time of such conviction was under the age of 15 years.”

Even though the different commissions appointed upto 1888-1889 suggested

certain changes in the prison system, the Indian prison system lagged behind on
the reformative side of prison work. It has failed to regard the prisoner as an
individual and has conceived of him rather as a unit in the jail administrative
machinery. It has lost sight of the effect which humanizing and civilizing
influences might have on the mind of the individual prisoner and has focussed its
attention on his material well being, his diet health and labour. Little attention has
been paid to the possibility of moral or intellectual improvement. Possibly all the
Indian Jails Committees upto 1888-89, were influenced by the report of the
Indian Jail Committee 1838 which again influenced by the contemporary ideas in
England where deterrent side of punishment appealed to the parliamentarians of
the day. To overcome these shortcomings in the prison system in India, the fifth
committee was appointed in 1919. The Indian Jail Committee of 1919, gave
expression to the new ideas. The committee made an extensive tour of England,
USA, Scotland, Japan, Philippines, Hong-Kong and Andamans (where Indian
political prisoners were detained) studied prison systems there, and submitted a
comprehensive report suggesting far-reaching changes in the various aspects of
prison system. The report of the committee is a huge piece of work. The

41
committee made 584 recommendations(some of which have not been
implemented even today in most of the Indian Jails)

The publication of the report gave an immediate and great impetus of prison
reforms throughout India. The Government of India took its strictures and
recommendations seriously to heart and issued instructions to all local
government to study the report and implement the suggestions mentioned
therein. Not only were the prison departments affected but penal reform also
received a great fillip. The enactment of the Brostal Act, the children’s and
probation act were undoubtedly the direct or indirect result of the general interest
aroused by the report. The report, it may be remarked, “ laid the foundation stone
of modern prison system in India.”

Unfortunately the changes in the prison system in India received a sudden set-
back due to the constitutional changes brought about by the Government of India
act, 1919. The enforcement of this act effected the transfer of the jail department
from the control of the government of India to that of the provincial government.
Prisons were placed in the reserved list under the dyarchical set-up of the
province and changes in the prison system received a set-back.

Government considered that the reformation of the prisoner is of paramount

importance in jail administration and is of opinion that the existing provisions of
laws and rules in respect of prisoner should be revised so as to achieve this
object in the best manner. Crime is an anti- social act and that it is the task of
prison administration so to deal with the criminal that he and others may be
deterred from the commission of such acts, in future the commission of further
crime………….” Even though we aim at reformation we are still under the
shadow of deterrent therapy. Another noteworthy factor is the committees did not
accept the most modern theory in the science of criminology. We must discard all
our notions about the criminal being considered a criminal at all. An offender
must be considered a victim of social circumstances, a person requiring
treatment rather than punishment. The 1948 committee opined with importance
of criminology but not accepted as far they should be. Once the principle “ a
criminal is a victim of social circumstances” is accepted by the committee, the
responsibility of such social circumstances will naturally be required to be
shouldered by the ruling group, and as the member of the committee and thereby
the ruling group, were not prepared to accept this responsibility, the modern
theory in criminology was possibly not accepted by the committee.

The Government of India has taken some interest in the matter of changes in the
prison system. In 1951 it requested the Technical Assistance Administration of
the United Nations to send an expert for imparting a training course to the
selected jail officers and to suggest progressive programmes for the scientific
care and treatment of offenders. Dr W.C. Reckless was sent as an UN expert
who went round the country and submitted a report on prison administration in
India and conducted a six months training programme for jail officials. Dr.

42
Reckless made a number of recommendations the chief among which were
regarding the setting up of a central bureau of correctional services at Delhi and
revising the jail manual in his report “ Jail administration in India”

In pursuance of the recommendations of Dr. W.C. Reckless and All India

Conference of Inspectors General, the Government of India appointed an All
India Jail Manual Committee in 1957 to prepare an All India Skeleton Jail
Manual, to examine the Prisons Act and other Laws and make proposals for
changes to be adopted uniformly throughout the state. The committee submitted
its report in 1959. In pursuance of the recommendations of the jail manual
committee, the Government of India set up a Central Bureau of Correctional
Services in 1961. The main functions of the bureau was to coordinate and
develop a uniform policy to standardize the collection of statistics on a national
basis, to exchange information with foreign governments and the UN agencies
and to promote research, training and studies and surveys in the field of
prevention of crime and treatment of offences.

Unfortunately the spirit and enthusiasm with which the subject of prison reforms
was taken up by various governments did not last long. The prisoners could now
avail of furlough and parole. They were granted wages, even though nominal, for
the work done by them. The introduction of panchayat system led to
improvement in the living conditions of prisoners. One of the major prison reform
introduced and which, we feel, is still an important modality of treatment of
prisoners, was the development of open prisons serving as a half way house for
long term prisoners for their transition from prison to open society. A jail officers
training school was set up in at pune in 1955.

The changing circumtances on the socio-economic scene of the country after

independence did not allow much to be done on a subject like prisons. The policy
of the British Raj of running prisons in as cheap a manner as possible continued
as a hangover even after the advent of freedom. The prisons always received the
lowest priority in the state budgets. On each spell of financial stringency, the
prisons were the first casualty. In their efforts to bring about an economic
transformation in the country. It somehow crept into the minds of the planners
and administrators that prisons were a non productive department. People
entrusted with the task of planning for socio-economic change could never
visualize that prevention of crime and treatment of offenders was an integral part
of the bigger problem of social development and that, therefore, it deserves
proper governmental attention, both administrative and financial. It sometimes
began to appear that the appointment of prison reform committees was being
used as a palliative for agitated public opinion for a temporary period and when
reports and recommendations were received, they were shelved in the name of
financial stringency.

In 1972, the Ministry of Home affairs, Government of India appointed a working

group on prisons which presented its report in1973. The Central Bureau of

43
Correctional Services functioned as a base, offering all data and background and
all administrative and technical services to the working group in drafting and
finalizing its report. The working group on prisons brought out in its report the
need for a national policy on prisons. It suggested that government should make
effective use of alternatives to imprisonment as a measure of sentencing policy.

The working group emphasized that development of prisons and correctional

administration should no longer remain divorced from the national development
process and the prison administration should be treated as an integral part of the
social defense components of national planning process.

In 1964 the Central Bureau of Correctional Bureau of Correctional Services was

transferred from the MHA to the newly created Department of Social Security,
now known as the Ministry of Social Welfare. In 1975, the Bureau was
reorganized into the National Institute of Social Defense. The scheme for
modernization of prisons and improvement in the living conditions of prisoners
initiated by the Ministry of Home Affairs (MHA) during 1977-79 was indicative of a
growing awareness for providing a thrust towards the development of prisons in
keeping with certain minimum norms. The MHA set up the committee on jail
reforms on July 25, 1980 under the chairmanship of Justice A.N.Mulla and 11
other members. This committee submitted its report in 1982-83 and it was a
landmark in the process of prison reforms in India.

Evolution of Concept of Treatment of Prisoners

(A) Diet :-

This question, whether prison diet should be inferior or superior to ordinary

citizen, has always been a matter of controversy. It is undoubtedly a very difficult
thing, or rather an impossible thing to keep a prisoner in health without making
his situation, in regard to food, better than that of his honest neighbours. The
committee of 1838 recommended that ” State of diet should be inferior to
ordinary citizen but on the whole reasonable”. Prior to 1948, imprisonment was
regarded as “deterrent and punitive”., the punishments of “ restricted diet, and
penal diet” were awarded. Thus the food which is necessary for livelihood of a
person, was also linked up with the prison discipline. After independence prison
system has discarded these punishments.

(B) Clothing :-

When the prisoner is not allowed to wear his own clothing, the onus of providing
clothing rests with the government. Initially the scale of clothing was quite
insufficient. Due to heavy mortality in prisons, the committee of 1864 described
certain changes in clothing. One good point in the modern prison system is,
whatever may be the reasons for the causation of crime and the aims of
punishment of “imprisonment”, a prisoner is guaranteed “food, shelter and

44
clothes: during his confinement, whereas a common man is not guaranteed
these three necessities of life by the state.

(C) (I) Work :-

After food, clothing and shelter the next important aspect is work for prisoners.
With the evolution of modern prison system in india, the committee of 1838
recommended “work as punishment”. The labour which the committee of 1836
recommended was at machines such as the treadmill “ at which the working is
dull, wearisome and disgustful and which forces every individual to exert himself
equally and constantly.” The committee of 1864 was also of the opinion that,
“Labour is the principal means of enforcing discipline in jails. The first thing to be
looked to in labour is, not it should be remunerative not that it should keep
prisoners in subjection, not that it should render a resistance in jail a matter of
dread, apprehension and avoidance. In order to deter the prisoners, the
committee prescribed three kinds of labour, i.e. hard, medium and light. The
labour was regulated according to length of sentence. Hard labour was
prescribed during earlier period of imprisonment, the medium labour next, and
the light labour towards the end of the term. The change of labour from hard to
medium and from medium to light was considered as facility. The only change
that the committee of 1864 recommended is that work should not be extracted
from unfit persons. From humanitarian considerations, the exceptionally hard and
inhuman labour was discontinued after 1948. Even after the change in policy
about the prison labour, a convicted criminal prisoner sentenced to rigorous
imprisonment has to work during his confinement, whether he likes that work or
otherwise.

(ii) Prison Labour and Remunerative Theory

The committee of 1836 did indeed look to a reduction of the cost of

imprisonment, but not from remunerative labour, but by adding so much to the
severity of the sentence as to render a shorter term of imprisonment under their
system a punishment equivalent to a longer term under the old system. The
committee of 1864 also was not in favour of introducing prison labour as
remunerative. The recommended, “ so long however as the object of making
labour punitive is steadily kept in view as the primary object, it is perfectly
legitimate that secondary purposes should be allowed due weight. If labour can
be made remunerative, if a prisoner’s previous knowledge of some handicraft
can be brought out and put too use, or if teaching a useless man a trade
kindness in his mind some hope of better life when he is released –no one
should surely wish that these things should not be so.

With the change in policy of prison labour, after 1948, “from punitive to
productive.” Due consideration has been given to remunerative theory. The
committee of 1948 recommended, “ to achieve this end, a careful selection of
jobs and their execution by the prisoners has to be taken into consideration and

45
jobs have to be assigned to them according to their aptitudes and physical and
mental capacities, as revealed from the observations made in the history forms
maintained from the time of their admission into prison. Different instructors have
been appointed in various prison industries e.g. , weaving, tailoring, mochi, paper
to impart training to prisoners. There is shift in policy :

(1) Labour should not be remunerative

(2) As a primary object, labour should be punitive, and remunerative should be

secondary

(3) Prison labour should be remunerative and not punitive

(D) Rewards and Punishments :

Intimately connected with the subject of labour is that of rewards and

punishments and remission of sentences. The committee of 1838 did not favour
the system of rewards. It recommended that severity should not be lessened.
The committee of 1864 recommended certain rewards, but these rewards were
only means of encouraging a strict obedience to jail discipline. The change of
work from hard to medium and from medium to light was considered as reward.
Further favour was recommended, to the best behaved convicts.

The major aim of reward is

(i) Incentive for good behaviour
(ii) Rehabilitation after release.

At present the rewards are:

(1) Wages
(2) Canteen facilities
(3) Letters
(4) Interview
(5) Parole
(6) Furlough
(7) Remission
As regards punishments, the committee of 1864 prescribed certain type of
behaviour be regarded as prison offences. They recommended the following
modes of punishments.
(A) Aimless labour
(B) Solitary confinement for a period not exceeding 72 hours
(C) Flogging, according to the provisions of the law on the subject.

46
In 1894, prisons act was passed. It defined what constitutes prison offences and
laid down punishments. This act was largely based on deterrent principles and
reflected the contemporary English opinion on the subject.

(E) Education:

With the introduction of modern prison system in India the committee of 1836
was not in favour of giving education to prisoners. The committee of 1864 opined
that education may be used as a means of prison discipline. The main idea was
“the time after conclusion of labour should be occupied and nothing else.” The
next stage was the recommendations of the committee of 1919-20. They
recommended education to prisoners below 25. The education recommended
was not beyond elementary stage. The prison education underwent a change
from “No education in Prison” to “ Education for all”

(F) Recreation

After 1948, recreational activities such as, (1) games (2) film shows (3) dramas
(4) radios, have been started. These activities have made the life of a prisoner
somewhat better than the monotonous life led by him in the past. Even when
these recrational activities was not there, prisoners used to recreate themselves
in “gambling and other activities.” These “other activities” i.e. homosexuality have
found “better channel” with the introduction of recreational activities.

(G) Holidays :

The jail holidays have undergone change after independence. A comparison is

given below

During British Period After Independence

Sundays Sundays
Christmas Indian Republic Day
Good Friday Christmas
King Emperor’s Birthday Ramzan ID
Bakari-ID
Ram Navami
Diwali
Independence Day
Mahatma Gandhi’s Birthday
Parsi New Year day
Holi

The various treatment programmes that were recommended by the various

models, manuals, committees discussed above are as following

47
(a) Work Programmes-
Work programmes in prison are defined as various types
of work in the prison which are assigned to inmates in order to help in
rehabilitation to give training in better work habits and to prevent idleness and
disorder.

(b) Vocational Training Programmes-

Vocational training programmes are
defined as the training given in various vocations that imparts such skills and
attitudes during their tenure in prison which will be useful to them after their
release from prison.

(c) Educational Programmes-

Educational programmes in prisons are defined
as the adult education programme given to inmates, with the purpose of
promoting literacy, imparts moral awareness and developing social
consciousness besides a sense of social responsibility and obligations.

(d) Recreational Programmes-

Recreational programmes are defined as the
various programmes in the prison designed to offer a means of unwinding the
emotions and releasing tensions as well as creating a conducive psychological
environment for the inmates to open up and appreciate the need to turn a new
leaf.

Standard Minimum Rules for the Treatment of Prisoners

Adopted by the First United Nations Congress on the Prevention of Crime and
the Treatment of Offenders, held at Geneva in 1955, and approved by the
Economic and Social Council by its resolution 663 C (XXIV) of 31 July 1957 and
2076 (LXII) of 13 May 1977
Basic principle

(1) There shall be no discrimination on grounds of race, colour, sex, language,

religion, political or other opinion, national or social origin, property, birth or other
status.
(2) On the other hand, it is necessary to respect the religious beliefs and moral
precepts of the group to which a prisoner belongs.

Register
7. (1) In every place where persons are imprisoned there shall be kept a bound
registration book with numbered pages in which shall be entered in respect of
each prisoner received:
(a) Information concerning his identity;
(b) The reasons for his commitment and the authority therefor;
(c) The day and hour of his admission and release.

48
(2) No person shall be received in an institution without a valid commitment order
of which the details shall have been previously entered in the register. Separation
of categories
8. The different categories of prisoners shall be kept in separate institutions or
parts of institutions taking account of their sex, age, criminal record, the legal
reason for their detention and the necessities of their treatment. Thus,
(a) Men and women shall so far as possible be detained in separate institutions;
in an institution which receives both men and women the whole of the premises
allocated to women shall be entirely separate;
(b) Untried prisoners shall be kept separate from convicted prisoners;
(c) Persons imprisoned for debt and other civil prisoners shall be kept separate
from persons imprisoned by reason of a criminal offence;
(d) Young prisoners shall be kept separate from adults. Accommodation
9. (1) Where sleeping accommodation is in individual cells or rooms, each
prisoner shall occupy by night a cell or room by himself. If for special reasons,
such as temporary overcrowding, it becomes necessary for the central prison
administration to make an exception to this rule, it is not desirable to have two
prisoners in a cell or room.
(2) Where dormitories are used, they shall be occupied by prisoners carefully
selected as being suitable to associate with one another in those conditions.
There shall be regular supervision by night, in keeping with the nature of the
institution.
10. All accommodation provided for the use of prisoners and in particular all
sleeping accommodation shall meet all requirements of health, due regard being
paid to climatic conditions and particularly to cubic content of air, minimum floor
space, lighting, heating and ventilation.
11. In all places where prisoners are required to live or work,
(a) The windows shall be large enough to enable the prisoners to read or work by
natural light, and shall be so constructed that they can allow the entrance of fresh
air whether or not there is artificial ventilation;
(b) Artificial light shall be provided sufficient for the prisoners to read or work
without injury to eyesight.
12. The sanitary installations shall be adequate to enable every prisoner to
comply with the needs of nature when necessary and in a clean and decent
manner.
13. Adequate bathing and shower installations shall be provided so that every
prisoner may be enabled and required to have a bath or shower, at a
temperature suitable to the climate, as frequently as necessary for general
hygiene according to season and geographical region, but at least once a week
in a temperate climate.
14. All pans of an institution regularly used by prisoners shall be properly
maintained and kept scrupulously clean at all times.
Personal hygiene
15. Prisoners shall be required to keep their persons clean, and to this end they
shall be provided with water and with such toilet articles as are necessary for
health and cleanliness.

49
16. In order that prisoners may maintain a good appearance compatible with their
self-respect, facilities shall be provided for the proper care of the hair and beard,
and men shall be enabled to shave regularly.
Clothing and bedding
17. ( I ) Every prisoner who is not allowed to wear his own clothing shall be
provided with an outfit of clothing suitable for the climate and adequate to keep
him in good health. Such clothing shall in no manner be degrading or humiliating.
(2) All clothing shall be clean and kept in proper condition. Underclothing shall be
changed and washed as often as necessary for the maintenance of hygiene.
(3) In exceptional circumstances, whenever a prisoner is removed outside the
institution for an authorized purpose, he shall be allowed to wear his own clothing
or other inconspicuous clothing.
18. If prisoners are allowed to wear their own clothing, arrangements shall be
made on their admission to the institution to ensure that it shall be clean and fit
for use.
19. Every prisoner shall, in accordance with local or national standards, be
provided with a separate bed, and with separate and sufficient bedding which
shall be clean when issued, kept in good order and changed often enough to
ensure its cleanliness.
Food
20. (1) Every prisoner shall be provided by the administration at the usual hours
with food of nutritional value adequate for health and strength, of wholesome
quality and well prepared and served.
(2) Drinking water shall be available to every prisoner whenever he needs it.
Exercise and sport
21. (1) Every prisoner who is not employed in outdoor work shall have at least
one hour of suitable exercise in the open air daily if the weather permits.
(2) Young prisoners, and others of suitable age and physique, shall receive
physical and recreational training during the period of exercise. To this end
space, installations and equipment should be provided.
Medical services
22. (1) At every institution there shall be available the services of at least one
qualified medical officer who should have some knowledge of psychiatry. The
medical services should be organized in close relationship to the general health
administration of the community or nation. They shall include a psychiatric
service for the diagnosis and, in proper cases, the treatment of states of mental
abnormality.
(2) Sick prisoners who require specialist treatment shall be transferred to
specialized institutions or to civil hospitals. Where hospital facilities are provided
in an institution, their equipment, furnishings and pharmaceutical supplies shall
be proper for the medical care and treatment of sick prisoners, and there shall be
a staff of suitable trained officers.
(3) The services of a qualified dental officer shall be available to every prisoner.
23. (1) In women's institutions there shall be special accommodation for all
necessary pre-natal and post-natal care and treatment. Arrangements shall be
made wherever practicable for children to be torn in a hospital outside the

50
institution. If a child is born in prison, this fact shall not be mentioned in the birth
certificate.
(2) Where nursing infants are allowed to remain in the institution with their
mothers, provision shall be made for a nursery staffed by qualified persons,
where the infants shall be placed when they are not in the care of their mothers.
24. The medical officer shall see and examine every prisoner as soon as
possible after his admission and thereafter as necessary, with a view particularly
to the discovery of physical or mental illness and the taking of all necessary
measures; the segregation of prisoners suspected of infectious or contagious
conditions; the noting of physical or mental defects which might hamper
rehabilitation, and the determination of the physical capacity of every prisoner for
work.
25. (1) The medical officer shall have the care of the physical and mental health
of the prisoners and should daily see all sick prisoners, all who complain of
illness, and any prisoner to whom his attention is specially directed.
(2) The medical officer shall report to the director whenever he considers that a
prisoner's physical or mental health has been or will be injuriously affected by
continued imprisonment or by any condition of imprisonment.
26. ( I ) The medical officer shall regularly inspect and advise the director upon:
(a) The quantity, quality, preparation and service of food;
(b) The hygiene and cleanliness of the institution and the prisoners;
(c) The sanitation, heating, lighting and ventilation of the institution;
(d) The suitability and cleanliness of the prisoners' clothing and bedding;
(e) The observance of the rules concerning physical education and sports, in
cases where there is no technical personnel in charge of these activities.
(2) The director shall take into consideration the reports and advice that the
medical officer submits according to rules 25 (2) and 26 and, in case he concurs
with the recommendations made, shall take immediate steps to give effect to
those recommendations; if they are not within his competence or if he does not
concur with them, he shall immediately submit his own report and the advice of
the medical officer to higher authority.
Discipline and punishment
27. Discipline and order shall be maintained with firmness, but with no more
restriction than is necessary for safe custody and well-ordered community life.
28. (1) No prisoner shall be employed, in the service of the institution, in any
disciplinary capacity.
(2) This rule shall not, however, impede the proper functioning of systems based
on self-government, under which specified social, educational or sports activities
or responsibilities are entrusted, under supervision, to prisoners who are formed
into groups for the purposes of treatment.
29. The following shall always be determined by the law or by the regulation of
the competent administrative authority:
(a) Conduct constituting a disciplinary offence;
(b) The types and duration of punishment which may be inflicted;
(c) The authority competent to impose such punishment.

51
30. (1) No prisoner shall be punished except in accordance with the terms of
such law or regulation, and never twice for the same offence.
(2) No prisoner shall be punished unless he has been informed of the offence
alleged against him and given a proper opportunity of presenting his defence.
The competent authority shall conduct a thorough examination of the case.
(3) Where necessary and practicable the prisoner shall be allowed to make his
defence through an interpreter.
31. Corporal punishment, punishment by placing in a dark cell, and all cruel,
inhuman or degrading punishments shall be completely prohibited as
punishments for disciplinary offences.
32. (1) Punishment by close confinement or reduction of diet shall never be
inflicted unless the medical officer has examined the prisoner and certified in
writing that he is fit to sustain it.
(2) The same shall apply to any other punishment that may be prejudicial to the
physical or mental health of a prisoner. In no case may such punishment be
contrary to or depart from the principle stated in rule 31.
(3) The medical officer shall visit daily prisoners undergoing such punishments
and shall advise the director if he considers the termination or alteration of the
punishment necessary on grounds of physical or mental health.
Instruments of restraint
33. Instruments of restraint, such as handcuffs, chains, irons and strait-jacket,
shall never be applied as a punishment. Furthermore, chains or irons shall not be
used as restraints. Other instruments of restraint shall not be used except in the
following circumstances:
(a) As a precaution against escape during a transfer, provided that they shall be
removed when the prisoner appears before a judicial or administrative authority;
(b) On medical grounds by direction of the medical officer; (c) By order of the
director, if other methods of control fail, in order to prevent a prisoner from
injuring himself or others or from damaging property; in such instances the
director shall at once consult the medical officer and report to the higher
administrative authority.
34. The patterns and manner of use of instruments of restraint shall be decided
by the central prison administration. Such instruments must not be applied for
any longer time than is strictly necessary.
Information to and complaints by prisoners
35. (1) Every prisoner on admission shall be provided with written information
about the regulations governing the treatment of prisoners of his category, the
disciplinary requirements of the institution, the authorized methods of seeking
information and making complaints, and all such other matters as are necessary
to enable him to understand both his rights and his obligations and to adapt
himself to the life of the institution.
(2) If a prisoner is illiterate, the aforesaid information shall be conveyed to him
orally.
36. (1) Every prisoner shall have the opportunity each week day of making
requests or complaints to the director of the institution or the officer authorized to
represent him.

52
(2) It shall be possible to make requests or complaints to the inspector of prisons
during his inspection. The prisoner shall have the opportunity to talk to the
inspector or to any other inspecting officer without the director or other members
of the staff being present.
(3) Every prisoner shall be allowed to make a request or complaint, without
censorship as to substance but in proper form, to the central prison
administration, the judicial authority or other proper authorities through approved
channels.
(4) Unless it is evidently frivolous or groundless, every request or complaint shall
be promptly dealt with and replied to without undue delay.
Contact with the outside world
37. Prisoners shall be allowed under necessary supervision to communicate with
their family and reputable friends at regular intervals, both by correspondence
and by receiving visits.
38. (1) Prisoners who are foreign nationals shall be allowed reasonable facilities
to communicate with the diplomatic and consular representatives of the State to
which they belong. (2) Prisoners who are nationals of States without diplomatic
or consular representation in the country and refugees or stateless persons shall
be allowed similar facilities to communicate with the diplomatic representative of
the State which takes charge of their interests or any national or international
authority whose task it is to protect such persons.
39. Prisoners shall be kept informed regularly of the more important items of
news by the reading of newspapers, periodicals or special institutional
publications, by hearing wireless transmissions, by lectures or by any similar
means as authorized or controlled by the administration.
Books
40. Every institution shall have a library for the use of all categories of prisoners,
adequately stocked with both recreational and instructional books, and prisoners
shall be encouraged to make full use of it.
Religion
41. (1) If the institution contains a sufficient number of prisoners of the same
religion, a qualified representative of that religion shall be appointed or approved.
If the number of prisoners justifies it and conditions permit, the arrangement
should be on a full-time basis.
(2) A qualified representative appointed or approved under paragraph (1) shall be
allowed to hold regular services and to pay pastoral visits in private to prisoners
of his religion at proper times.
(3) Access to a qualified representative of any religion shall not be refused to any
prisoner. On the other hand, if any prisoner should object to a visit of any
religious representative, his attitude shall be fully respected.
42. So far as practicable, every prisoner shall be allowed to satisfy the needs of
his religious life by attending the services provided in the institution and having in
his possession the books of religious observance and instruction of his
denomination.

RULES APPLICABLE TO SPECIAL CATEGORIES

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A. PRISONERS UNDER SENTENCE
Guiding principles
56. The guiding principles hereafter are intended to show the spirit in which penal
institutions should be administered and the purposes at which they should aim, in
accordance with the declaration made under Preliminary Observation I of the
present text.
57. Imprisonment and other measures which result in cutting off an offender from
the outside world are afflictive by the very fact of taking from the person the right
of self-determination by depriving him of his liberty. Therefore the prison system
shall not, except as incidental to justifiable segregation or the maintenance of
discipline, aggravate the suffering inherent in such a situation.
58. The purpose and justification of a sentence of imprisonment or a similar
measure deprivative of liberty is ultimately to protect society against crime. This
end can only be achieved if the period of imprisonment is used to ensure, so far
as possible, that upon his return to society the offender is not only willing but able
to lead a law-abiding and self-supporting life.
59. To this end, the institution should utilize all the remedial, educational, moral,
spiritual and other forces and forms of assistance which are appropriate and
available, and should seek to apply them according to the individual treatment
needs of the prisoners.
60. (1) The regime of the institution should seek to minimize any differences
between prison life and life at liberty which tend to lessen the responsibility of the
prisoners or the respect due to their dignity as human beings.
(2) Before the completion of the sentence, it is desirable that the necessary steps
be taken to ensure for the prisoner a gradual return to life in society. This aim
may be achieved, depending on the case, by a pre-release regime organized in
the same institution or in another appropriate institution, or by release on trial
under some kind of supervision which must not be entrusted to the police but
should be combined with effective social aid. 61. The treatment of prisoners
should emphasize not their exclusion from the community, but their continuing
part in it. Community agencies should, therefore, be enlisted wherever possible
to assist the staff of the institution in the task of social rehabilitation of the
prisoners. There should be in connection with every institution social workers
charged with the duty of maintaining and improving all desirable relations of a
prisoner with his family and with valuable social agencies. Steps should be taken
to safeguard, to the maximum extent compatible with the law and the sentence,
the rights relating to civil interests, social security rights and other social benefits
of prisoners.
62. The medical services of the institution shall seek to detect and shall treat any
physical or mental illnesses or defects which may hamper a prisoner's
rehabilitation. All necessary medical, surgical and psychiatric services shall be
provided to that end.
63. (1) The fulfillment of these principles requires individualization of treatment
and for this purpose a flexible system of classifying prisoners in groups; it is
therefore desirable that such groups should be distributed in separate institutions
suitable for the treatment of each group.

54
(2) These institutions need not provide the same degree of security for every
group. It is desirable to provide varying degrees of security according to the
needs of different groups. Open institutions, by the very fact that they provide no
physical security against escape but rely on the self-discipline of the inmates,
provide the conditions most favourable to rehabilitation for carefully selected
prisoners.
(3) It is desirable that the number of prisoners in closed institutions should not be
so large that the individualization of treatment is hindered. In some countries it is
considered that the population of such institutions should not exceed five
hundred. In open institutions the population should be as small as possible.
(4) On the other hand, it is undesirable to maintain prisons which are so small
that proper facilities cannot be provided.
64. The duty of society does not end with a prisoner's release. There should,
therefore, be governmental or private agencies capable of lending the released
prisoner efficient after-care directed towards the lessening of prejudice against
him and towards his social rehabilitation.
Treatment
65. The treatment of persons sentenced to imprisonment or a similar measure
shall have as its purpose, so far as the length of the sentence permits, to
establish in them the will to lead law-abiding and self-supporting lives after their
release and to fit them to do so. The treatment shall be such as will encourage
their self-respect and develop their sense of responsibility.
66. (1) To these ends, all appropriate means shall be used, including religious
care in the countries where this is possible, education, vocational guidance and
training, social casework, employment counseling, physical development and
strengthening of moral character, in accordance with the individual needs of each
prisoner, taking account of his social and criminal history, his physical and mental
capacities and aptitudes, his personal temperament, the length of his sentence
and his prospects after release.
(2) For every prisoner with a sentence of suitable length, the director shall
receive, as soon as possible after his admission, full reports on all the matters
referred to in the foregoing paragraph. Such reports shall always include a report
by a medical officer, wherever possible qualified in psychiatry, on the physical
and mental condition of the prisoner.
(3) The reports and other relevant documents shall be placed in an individual file.
This file shall be kept up to date and classified in such a way that it can be
consulted by the responsible personnel whenever the need arises.
Classification and individualization
67. The purposes of classification shall be:
(a) To separate from others those prisoners who, by reason of their criminal
records or bad characters, are likely to exercise a bad influence;
(b) To divide the prisoners into classes in order to facilitate their treatment with a
view to their social rehabilitation.
68. So far as possible separate institutions or separate sections of an institution
shall be used for the treatment of the different classes of prisoners.

55
69. As soon as possible after admission and after a study of the personality of
each prisoner with a sentence of suitable length, a programme of treatment shall
be prepared for him in the light of the knowledge obtained about his individual
needs, his capacities and dispositions.
Privileges
70. Systems of privileges appropriate for the different classes of prisoners and
the different methods of treatment shall be established at every institution, in
order to encourage good conduct, develop a sense of responsibility and secure
the interest and co-operation of the prisoners in their treatment.
Work
71. (1) Prison labour must not be of an afflictive nature.
(2) All prisoners under sentence shall be required to work, subject to their
physical and mental fitness as determined by the medical officer.
(3) Sufficient work of a useful nature shall be provided to keep prisoners actively
employed for a normal working day.
(4) So far as possible the work provided shall be such as will maintain or
increase the prisoners, ability to earn an honest living after release.
(5) Vocational training in useful trades shall be provided for prisoners able to
profit thereby and especially for young prisoners.
(6) Within the limits compatible with proper vocational selection and with the
requirements of institutional administration and discipline, the prisoners shall be
able to choose the type of work they wish to perform.
72. (1) The organization and methods of work in the institutions shall resemble as
closely as possible those of similar work outside institutions, so as to prepare
prisoners for the conditions of normal occupational life.
(2) The interests of the prisoners and of their vocational training, however, must
not be subordinated to the purpose of making a financial profit from an industry in
the institution.
73. (1) Preferably institutional industries and farms should be operated directly by
the administration and not by private contractors.
(2) Where prisoners are employed in work not controlled by the administration,
they shall always be under the supervision of the institution's personnel. Unless
the work is for other departments of the government the full normal wages for
such work shall be paid to the administration by the persons to whom the labour
is supplied, account being taken of the output of the prisoners.
74. (1) The precautions laid down to protect the safety and health of free
workmen shall be equally observed in institutions.
(2) Provision shall be made to indemnify prisoners against industrial injury,
including occupational disease, on terms not less favourable than those
extended by law to free workmen.
75. (1) The maximum daily and weekly working hours of the prisoners shall be
fixed by law or by administrative regulation, taking into account local rules or
custom in regard to the employment of free workmen.
(2) The hours so fixed shall leave one rest day a week and sufficient time for
education and other activities required as part of the treatment and rehabilitation
of the prisoners.

56
76. (1) There shall be a system of equitable remuneration of the work of
prisoners.
(2) Under the system prisoners shall be allowed to spend at least a part of their
earnings on approved articles for their own use and to send a part of their
earnings to their family.
(3) The system should also provide that a part of the earnings should be set
aside by the administration so as to constitute a savings fund to be handed over
to the prisoner on his release.
Education and recreation
77. (1) Provision shall be made for the further education of all prisoners capable
of profiting thereby, including religious instruction in the countries where this is
possible. The education of illiterates and young prisoners shall be compulsory
and special attention shall be paid to it by the administration.
(2) So far as practicable, the education of prisoners shall be integrated with the
educational system of the country so that after their release they may continue
their education without difficulty. 78. Recreational and cultural activities shall be
provided in all institutions for the benefit of the mental and physical health of
prisoners.
Social relations and after-care
79. Special attention shall be paid to the maintenance and improvement of such
relations between a prisoner and his family as are desirable in the best interests
of both.
80. From the beginning of a prisoner's sentence consideration shall be given to
his future after release and he shall be encouraged and assisted to maintain or
establish such relations with persons or agencies outside the institution as may
promote the best interests of his family and his own social rehabilitation.
81. (1) Services and agencies, governmental or otherwise, which assist released
prisoners to re-establish themselves in society shall ensure, so far as is possible
and necessary, that released prisoners be provided with appropriate documents
and identification papers, have suitable homes and work to go to, are suitably
and adequately clothed having regard to the climate and season, and have
sufficient means to reach their destination and maintain themselves in the period
immediately following their release.
(2) The approved representatives of such agencies shall have all necessary
access to the institution and to prisoners and shall be taken into consultation as
to the future of a prisoner from the beginning of his sentence.
(3) It is desirable that the activities of such agencies shall be centralized or co-
ordinated as far as possible in order to secure the best use of their efforts.
B. INSANE AND MENTALLY ABNORMAL PRISONERS
82. (1) Persons who are found to be insane shall not be detained in prisons and
arrangements shall be made to remove them to mental institutions as soon as
possible.
(2) Prisoners who suffer from other mental diseases or abnormalities shall be
observed and treated in specialized institutions under medical management.
(3) During their stay in a prison, such prisoners shall be placed under the special
supervision of a medical officer.

57
(4) The medical or psychiatric service of the penal institutions shall provide for
the psychiatric treatment of all other prisoners who are in need of such treatment.
83. It is desirable that steps should be taken, by arrangement with the
appropriate agencies, to ensure if necessary the continuation of psychiatric
treatment after release and the provision of social-psychiatric after-care.
C. PRISONERS UNDER ARREST OR AWAITING TRIAL
84. (1) Persons arrested or imprisoned by reason of a criminal charge against
them, who are detained either in police custody or in prison custody (jail) but
have not yet been tried and sentenced, will be referred to as "untried prisoners,'
hereinafter in these rules.
(2) Unconvicted prisoners are presumed to be innocent and shall be treated as
such.
(3) Without prejudice to legal rules for the protection of individual liberty or
prescribing the procedure to be observed in respect of untried prisoners, these
prisoners shall benefit by a special regime which is described in the following
rules in its essential requirements only.
85. (1) Untried prisoners shall be kept separate from convicted prisoners.
(2) Young untried prisoners shall be kept separate from adults and shall in
principle be detained in separate institutions.
86. Untried prisoners shall sleep singly in separate rooms, with the reservation of
different local custom in respect of the climate.
87. Within the limits compatible with the good order of the institution, untried
prisoners may, if they so desire, have their food procured at their own expense
from the outside, either through the administration or through their family or
friends. Otherwise, the administration shall provide their food.
88. ( I ) An untried prisoner shall be allowed to wear his own clothing if it is clean
and suitable.
(2) If he wears prison dress, it shall be different from that supplied to convicted
prisoners.
89. An untried prisoner shall always be offered opportunity to work, but shall not
be required to work. If he chooses to work, he shall be paid for it.
90. An untried prisoner shall be allowed to procure at his own expense or at the
expense of a third party such books, newspapers, writing materials and other
means of occupation as are compatible with the interests of the administration of
justice and the security and good order of the institution.
91. An untried prisoner shall be allowed to be visited and treated by his own
doctor or dentist if there is reasonable ground for his application and he is able to
pay any expenses incurred.
92. An untried prisoner shall be allowed to inform immediately his family of his
detention and shall be given all reasonable facilities for communicating with his
family and friends, and for receiving visits from them, subject only to restrictions
and supervision as are necessary in the interests of the administration of justice
and of the security and good order of the institution.
93. For the purposes of his defence, an untried prisoner shall be allowed to apply
for free legal aid where such aid is available, and to receive visits from his legal
adviser with a view to his defence and to prepare and hand to him confidential

58
instructions. For these purposes, he shall if he so desires be supplied with writing
material. Interviews between the prisoner and his legal adviser may be within
sight but not within the hearing of a police or institution official.
D. CIVIL PRISONERS
94. In countries where the law perm its imprisonment for debt, or by order of a
court under any other non-criminal process, persons so imprisoned shall not be
subjected to any greater restriction or severity than is necessary to ensure safe
custody and good order. Their treatment shall be not less favourable than that of
untried prisoners, with the reservation, however, that they may possibly be
required to work.
E. PERSONS ARRESTED OR DETAINED WITHOUT CHARGE
95. Without prejudice to the provisions of article 9 of the International Covenant
on Civil and Political Rights, persons arrested or imprisoned without charge shall
be accorded the same protection as that accorded under part I and part II,
section C. Relevant provisions of part II, section A, shall likewise be applicable
where their application may be conducive to the benefit of this special group of
persons in custody, provided that no measures shall be taken implying that re-
education or rehabilitation is in any way appropriate to persons not convicted of
any criminal offence.

*************************************

59
 CHAPTER - III

Concept of Human Rights of

the Prisoners in India

60
 CHPTER - III

Concept of Human Rights of the Prisoners in India

It is an ancient and universal phenomenon, as old as humanity Human rights is

a basic element /ingredient of Correctional Justice based on the following
assumptions;

“ Hate the Crime not the Criminal; Correctional Justice is always better
than punitive justice.”

Originated from a petition urging the king to concede certain rights to

particular sections of the people, called Magna Carta. However, its contents
neither had the universality of application nor direct relevance to common
man’s basic freedom.
Rig veda cited 3 civil rights i.e. Tana (body), Skridhi (dwelling place) and
Jibhasi (life)
Mahabharata tells about the importance of freedom of individual (civil
liberties) in a state.
Arthashashtra elaborated civil, economic and legal rights formulated by Manu.
Constitution of India bill, 1895 (Home Rule Document) prepared by Indian
National Congress talked about a constitution guaranteeing basic human
rights of every citizen.
In 1925, a draft of the Commonwealth of India Bill was prepared embodying a
Declaration of Rights
In 1927, Madras Congress of Indian National Congress demanded the
incorporation of declaration of fundamental rights in constitutional framework.
In 1928, A committee under late Moti Lal Nehru declared that the first concern
of people of India is to secure fundamental right.
In 1930, the Lahore Congress declared freedom from foreign rule as a
fundamental right.
In 1931, the Karachi Congress passed a resolution on fundamental rights
and social change in three parts: Fundamental rights and duties, Labour and
Economic and Social programme.
In 1935, Government of India Act passed under which sections 297-300 were
incorporated for certain rights with in-built exceptions.
In 1945, Sapru Committee stressed the need for a written code of
fundamental rights.
In 1946, the Constituent Assembly also demanded for the Declaration of
Fundamental Rights.
In 1948, India signed the Universal Declaration of Human Rights.

61
 In 1950, the Constitution of India came into effect incorporating part –iii on
Fundamental Rights of Citizens.

Definition of Human Rights

The Protection of Human Rights Act, 1993 defined Human Rights as the rights
relating to liberty, equality, and dignity of the individual guaranteed by the Indian
Constitution as embodied in the Fundamental Rights and the International
Covenants.

Human Rights provisions in the Constitution of India

Article 14: Equality before the law and equal protection of the law
Article 15: Discrimination on grounds of religion, race, caste, sex, place
of birth or any of them prohibited
Article 20: (I) Protection from ex post facto laws- no retrospective
effect of law protecting from higher punishment than
prescribed by the law.
(II) Protection from double jeopardy
(III) Protection against self- incrimination
Article 21: Right to life and liberty- derivation only through procedures
established by law
Article 22(4) to Provision of special safeguards to detenues
7
Article 32: Right to seek remedies through writs on fundamental rights
being affected

Judgements directing implementation of human rights provisions for

prisoners

State of Maharastra Vs. P. Pandurang (AIR 1966 SC 424 )

- Right to write and read for prisoners

Hussainara Khatoon Vs. Home Secretary, Bihar (AIR 1979 SC 1360)

- Right to speedy trial of Under trails

B.M.Patnaik Vs. State of Andhra Pradesh (1977)

- Prisoners not detained of all fundamental rights

Maneka Gandhi Vs. Union of India (AIR 1978 SC 597)

- The word “life “ was defined in terms of prisoners rights

Swail Batra Vs. Delhi Administration (AIR 1978 SC 1675) (with C.G.Chobraj)
- Prisoners entitled to all constitutional rights
- Prisoners under death sentence defined in terms of Prison Act.

62
Mohamed Giassuddin Vs. State of Andhra Pradesh (1977)
- Fundamental rights of prisoners

Kishore Singh Vs. State of Rajasthan (AIR 1981 SC 625 )

- Bar fetters shunned

Ratish Roushik Vs. Superintendent of Tihar (1980)

- Keeping prisoners in cell and prisoners general rights-elaborated.

Modu Rani Vs. State of Rajasthan (1980)

- Release of lifers under section 433 A Cr.P.C.

Charles Shobraj Vs. Delhi Administration (1980)

- Bar fetters and solitary confinement

Sunil Batra Vs. Delhi Administration (AIR 1980 SC 1579)

- Prisoner entitled to invoke Article 21 for protection of rights.
- Dynamic role of habeas corpus

Prem Shanker Shukla Vs. Delhi Administration (1980)

- Hand Cuffs

Francis Coralie Vs. Union Territory, Delhi (AIR 1981 SC 746)

- Rights of Detenues

Ahok Golu Vs. State of Rajasthan (1988)

Sheela Barse Vs. Union of India (1993)
- Non criminal lunatics can not be confined in jails.

Common cause- A registered society through Director Vs. Union of India (1996)
- Right to easy trail of Under Trails, right to be released
Supreme Court Legal Aid Committee representing duty prisoners Vs. Union of
India (1994)
- Release of under trials who have completed half of the period of
punishment provided in the Act

State of Gujarat Vs. Hon’ble HC of Gujarat (1997)

- Wages for prisoners

Ramamurthy Vs. State of Karnataka (1997)

- Chief Secretaries directed to change prisons into reformation centers
within 6 months
- Case to be put up after 3 months-lapsed (No operative part)

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Why Human Rights in Prisons?

Human rights are those minimal rights that every individual must have against
the state or other public authority by virtue of being a “member of the human
family” irrespective of any other consideration. These are rights that are inherent
in all citizens, because of their being human. These are the rights that are
inalienable because the enlightened conscience of the community would not be
permitted to surrender those rights by any citizen even of his/her own violation.
These are the rights that are inviolable because they are not only vital for the
development and efflorescence of human personality and for ensuring its dignity,
but also because without them people would be reduced to the level of animals.
Human rights are neither privileges nor gifts given at the whim of a ruler or a
government. Neither they can be taken away by any arbitrary power. They can
not be denied or can they be forfeited because an individual has committed an
offence or broken any law.

If human rights are inalienable they must apply to all human beings without
exception. There may be an occasion a temptation to exclude certain groups
from all or some of these rights. Should we not say, for example, that those who
have broken the law or who are charged with having done so, who in so doing
may have ignored the human rights of their victims, have by their actions forfeited
their own human rights? The answer is that if we attempt to exclude certain
groups of human beings from these human rights, we threaten our own
humanity.

Realities in Indian Prisons:

Because of the very nature of the function they perform, prisons constitute the
most critical area of human rights in a civilized society. Prison conditions blatantly
infringe upon the basic human rights of those in custody. Most of the violations of
human rights in prisons arise from the lack of proper accommodation,
overcrowding, lack of scientific classifications, lack of diversification, inadequate
health services, uneven facilities for correction and treatment, education
and training, acute shortage of technical staff and an over reliance on so called
prisoners in matters of internal management. By and large, prisons in the country
are still run through outdated structures, ill-equipped personnel, outmoded
methods and apparatus. It is therefore imperative that the question of human
rights in prisons is discussed in the totality of the institutional environment that
the prisoners are subjected to.

The constitution of India in Article 21 confirms that no person shall be deprived of

life or liberty except in the accordance with the procedure established by law.
The supreme court has repeatedly held that the procedure contemplated by
article 21 must be just and fair and in no way arbitrary, forceful and oppressive.
The procedure has to satisfy the essence of article 14, which guarantees to every
person equality and equal protection of law. More over article 22 provides that no

64
person detained in custody shall be denied the right to consult or to be defended
by a legal practitioner of his/her own choice.

Free legal aid in deserving cases is in itself a fundamental rights and article 39A
mandates the state to ensure it through a suitable legislation. The right to life and
personal liberty prohibits any inhuman, cruel or degrading treatment or
punishment.

The right to liberty of movement and freedom as bestowed by Article 19 can be

only by a law that imposes a reasonable restriction in the interest of general
public. The supreme court has affirmed that for a prisoner all fundamental rights
are an enforceable reality, through restricted by the fact of imprisonment.

Within this framework the Supreme Court has vividly brought out that a person in
prison does not become a non person and that such a person is entitled to all
human rights, other than what are taken away or curtailed by the process of
incarceration. In dilating this point the Supreme Court has issued a number of
important directives to prison administration. The prisoner must be allowed to
read and write, exercise and recreation, meditation and chant, creative comforts
like protection from extreme cold and heat, freedom from indignities like
compulsory nudity, forced sodomy, and other unbearable vulgarity, movement
within prison campus subject to requirements of discipline and security, the
minimum joy of self expression to acquire skills and techniques and all other
fundamental rights as tailored to the limitations of imprisonment. No prisoner
shall be subjected to any personal harm without a remedy before an impartial
and competent agency. The young inmates must be separated and freed from
exploitation from adults. Any harsh isolation from society for long and lonely
cellular detention can be inflicted any consistent with fair procedure. Subject to
discipline and security, prisoners must be given their right to meet fellowmen,
parents and other family members and to interviews, visits and confidential
communication with lawyers.

The supreme court further directed that district magistrates and sessions judges
must visit prisons and afford effective opportunities for ventilating legal
grievances, make expeditious inquiries there into and take suitable remedial
action. Grievance deposit boxes to be provided for all prisoners. The state must
bring legal awareness home to prisoners by way of prisoner’s hand book,
periodical jail bulletins and prisoners wall papers. Steps be taken to keep up to
the UN Standard Minimum Rules for the treatment of prisoners especially with
regard to work and wages, treatment with dignity, community contacts and
correctional strategies.

Imprisonment entails the deprivation of the most fundamental of human rights,

that is, right to freedom and as such should only be resorted to on justifiable
grounds. The right to freedom of a person can not be suspended a day longer
than absolutely necessary to protect society. It is the bounded duty of the state to

65
ensure a timely return of the incarcerated to free society. As the process of
incarceration imposes restrictions on the life and liberty of the person taking
charge of, the state has to spell out certain minimum standards for care and
maintainance and opportunities for growth and development. As the person in
custody can not be reduced to the status of “ non person” the system has to offer
an environment compatible with human dignity. The executive can no more
afford to be immune to the possession taken by the highest court of the land that
persons in custody are entitled to all human rights within the limitations set forth
by the process of imprisonment.

Why Human Rights in Prison?

1. Imprisonment does not reduce the person into a non person.
2. Human rights are in ilalienate, they must apply to all human beings without
exceptions.
3. If once it is established that a prisoner is a human being he/she is entitled to
be treated as human being and has all the rights within the limitations of
imprisonment.
4. Prisoners being under the control of their custodials are more vulnerable, then
the persons outside, to the deprivation of human rights.
5. No person is a born criminal. Crime is a reflection of the failure of society. By
restoring human rights to prisoners the society corrects its own failure and
ensures proper socialization of prisoners.
6. A prisoner should have human rights in order to learn to respect the human
rights of others after release.
7. Whatever we require from them we should give them first.
8. Treatment of criminals is one of the tests of civilization of the country, so by
maintaining the human rights of prisoners we contribute towards positive
development of civilization.
9. If we debar a prisoner from human rights only because a prisoner has
committed a crime, then we shall threaten our own humanity.
10. A prisoner is sent to jail as a punishment and curtailment of liberty is itself a
punishment, so prisoner can not be punished more by debarring him/ her
from human rights.
11. “ Are the prisoners person?”
asked Justice Krishna Iyer in the Sunil Batra Case and replied Yes of course-
to answer in the negative is to convict the nation and constitution of
dehumanization and to repudiate the world legal order.
“ Let all who have life be happy, let all be healthy, let us see and develop
goodness in all, let us not deprive any one of their rights and leave them in
grief”

Human Rights of the Prisoners

Although a person convicted of a crime loses many of his rights and privileges,
he does not lose all his rights. Article 21 of the constitution gives certain
protection to prisoners from unconditional administrative action of police officials.

66
 A prisoner is entitled to all his fundamental rights unless his liberty has been
constitutionally curtailed. Inmate is not in a position to enjoy the full panoply of
fundamental rights due to very nature of the regime to which he is lawfully
committed.
The supreme court in Sunil batra’s case held that the conviction of a person
for a crime did not reduce him to a non-person, vulnerable to major
punishment imposed by the jail authorities without observance of procedural
safeguards.
It was also held that bar-fetters, to a considerable extent imposed under
section 56 of the Prison Act curtail, if not wholly deprived, locomotion which is
one of the facets of personal liberty and such action can only be, justified in
the circumtances related to the charter of the prisoner and his safe custody.
However prisoners have no fundamental rights to escape from lawful custody,
and hence, the presence of armed police guards causes no interference with
the right of personal liberty. So also, prisoners can not complain of the
installation of the live-wire mechanism with which they are likely to come in
contact only if they attempt to escape from the prison
Therefore if is unconstitutional to permit general prison conditions that include
guards physically attacking prisoners, racial segregation. Unconditional
sanitation convenience and inadequate medical facilities. A combination of
these factors can comprise cruel and unusual punishment.

1. Maintaining Human Dignity

Prisoners should be treated in a humane and dignified manner from

admission to discharge.
Physical and mental torture can never be justified.
Use of force must be strictly regulated.
On admission prisoners must be informed of their regulations, their rights
and obligations and records with their legal status must be made.
Standards must be met for accommodation, hygiene, clothing and
bedding, food and exercise.

2. Health Rights of Prisoners

Proper health care including specialist treatment, is a basic right and

should be free.
Prison conditions must meet proper health standards.
Medical staff should be fully trained.
The medical officer is responsible for a prisoner’s health from the day of
admission to discharge.

3. Making Prisons Safe Places

Prisoners should be classified according to risk and kept in the lowest

possible security custody

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 Instruments of restraint shall never be applied as punishment.
There should be a balance of physical, procedural and dynamic security.
Prisons should be safe environments.
There should be a balance of incentives, encouragement and discipline.
Discipline should be based on principles of natural justice.
Prisoners should not be used in a disciplinary role.

4. Making the best use of Prisons

Social reintegration should be an explicit aim of imprisonment.

There should be a full programme of activities to meet prisoners needs:
Work habits and skills
The right to education and training.
Offending behaviour courses.
Physical training education.
Preparation for release /parole/after care.
The right to freedom of religious beliefs and worship.
Staff should act as good role models.

5. Prisoners contact with outside world

The prison is a part of the community.

Prisoners should be located in prisons close to their homes.
Prisoners have a right to communicate with the community e.g. families,
friends, legal representatives, diplomatic representatives, through letters,
visits, and telephone.
Home leave and temporary leave schemes assist in reintegration process.
Prisoners should have access to books, newspapers, radio and T.V.

6. Complaints and Inspection

Prisoners should have access to an effective complaint procedure within the

prison or to higher authorities in the administration or to an independent body
or to a court.
Prisoner/ complaints should be handled with fairness, speed and sensitivity
and without fear of reprisal.
Internal inspections of prisons should be routine.
Prisoners should be open to public security by independent inspection teams
whose reports are published.

7. Special Categories of Prisoners

Women
Women prisoners are a minority in a system run for men, and should not be
discriminated against.
Women should be held separately from men.

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 Special needs of women should be recognized in the way they are treated
e.g. staffing and staff training, accommodation, pregnancy, childbirth and
family care, health care etc.

Juveniles
Special needs recognized in the UN Convention on rights of the child (1989)
and UN Standard Minimum Rules for the Administration of Juvenile Justice
(Beijing Rule, 1985)
The deprivation of liberty of a juvenile shall always be last resort and for a
minimum necessary period.
Juveniles shall be held separately from adults.
Juveniles are more amendable to change, so should be given the
opportunities of education, training and development help.

Non Discrimination
All human being are born free and equal in dignity and rights.
Everyone has the right to freedom of thought, conscience and religion.
Minority prisoners shall not be discriminated against.

Prisoners under sentence of death

Abolition of the death penalty is encouraged
Capital punishment shall be carried out with the minimum possible suffering.
Staff need to be sensitive to the needs of the prisoner and his/her family.

8. Persons under detention without sentence

The right to be presumed innocent until proved guilty

The right of a prompt court hearing after arrest to review the legality of
detention, and the right to bail.
The right to confidential access to a lawyer and friends in preparation of a
defence.
The right to trail within a reasonable time, or to release.
Untried prisoners should be kept separately from convicted persons
Untried prisoners have special rights: food, clothing, work and visits

9. The administration of Prison and Prison Staff

The prison administration should be a civilian organization totally separate

from the military, the police and the public prosecutor.
The key to a humane prison is the quality of the relationship between staff
and prisoners, management and staff, the prison and the government, the
prison and the community.
Staff should be selected for their integrity, humanity, professional capacity
and personal suitability.
Staff should be given training, salary and conditions of service commensurate
with the required professional qualities.

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Solitary Confinement

Solitary confinement does not defy constitution so long as elementary conditions

of decency are maintained. It has been held by the apex court that solitary
confinement is bad if it was imposed not as a consequence of the violation of the
prison discipline but on the ground that the prisoner was one under sentence of
death.

Right against cruel and unusual punishment

As a general guideline, other specific punishment must not include chains,

handcuffs in cells, tear gas or removal of clothing except in special circumtances.
There must be no corporal punishment because such severity offends modern
concept of human dignity. Against this background, it has not yet been held that
sexual deprivation in cruel and unusual punishment.

Freedom to communicate

A prisoner is entitled to communicate subject to prison rules. He or she even has

the right to communicate his grievances to the court or the media.

Religious Expression

In general even in prison, a prisoner has the right to his religious beliefs.
However, dietary requests for religious observance remain a problem, and the
refusal of requests for specific foods during holy periods has been judicially
upheld.
Right to medical care
The prisoners are entitled to the kind of medical treatment and current medical
practice prescribed for most of the patients with those kinds of ailments.

Rehabilitation

No court has ever directly held that a prisoner has the right to rehabilitation, even
though penologists do not disclaim the relevance of rehabilitation in the overall
prisoner programme.

Protection

Exposure to sexual assaults unfortunately is a fact of prison life. a prisoner’s

most effective legal remedy where officials fails to protect him from these
assaults is a civil suit or a writ petition before the high court or supreme court.

Right to Vote
Prisoner’s have right to vote even they can contest from the jail.

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Right to compensation
Right to claim monetary compensation from the violation of the fundamental
rights particularly under article 21 of the constitution has also been recognized in
a number of cases. Last but not least, conviction of a crime may cause a person
to lose certain rights
1. like to move freely
2. right to hold public office
3. employment in govt. and public sector
but still prisoner enjoys certain basic rights.

********************************

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 CHAPTER - IV

Experts Perception towards Treatment

and Reformation of Convicts

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 CHAPTER - IV

Experts Perception towards Treatment and

Reformation of Convicts

The opinion of the experts from the abroad is as relevant as most of our policies
in regard to the prison reforms comes from the developed countries like USA,
United Kingdom and Australia. To find such policies and the experts from these
countries were contacted. The details are given below

S.No Country Number of Number of

Respondents response
Contacted received
1. USA 221 86
2. Britain 15 6
3. Canada 16 8
4. Ireland 1 1
5. Scotland 1 1
6. Japan 4 Nil
7. Denmark 1 1
8. Switzerland 2 1
9. Germany 5 4
10. Venezuela 1 1
11. Australia 59 17
12. Italy 5 1
13. Sweden 3 2
14. New Zealand 2 3
15. Austria 2 1
16. Finland 2 1
17. Uganda 1 Nil
18. Saudi Arabia 1 Nil
19. Israel 2 1
20. Poland 1 Nil
21. Belgium 1 1
22. West Indies 1 Nil
23. Korea 1 Nil
24. The Netherlands 1 Nil
25. Gambia 1 Nil

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 26. Spain 2 Nil
27. Tasmania 1 1
Total 353 137

These experts have been contacted on E- mail and out of 353 persons contacted
only 137 response have been received. The percentage of the response received
is 38.8 %. The thing which has to be noticed during this exercise that whatever
response has been received gives a vast eye opening data on prison reforms
and it also proves that the similar type of reformation and rehabilitation
techniques the world uses in a broader perspective. The means are almost same
but the treatment procedure is quite different in other countries. Surely some
above mentioned countries are performing in a very effective manner and it is
also true that India is trying to include this change management in a self driven
rehabilitation process. 100% success in this process of reformation and
rehabilitation can not be ensured in any way but if we have been successful to
reform some convicts and they are setting examples in the outside world then I
feel that the purpose is solved and this single spark will enlighten the whole
community. This also gives a message into the society that if the circumstances
are in the favour of the convicts then they can also live a life of law obedient
citizen.These experts were given their expert comments on the five different most
important issues related with the reformation and rehabilitation of convicts. The
core area covered in this segment were
1. Importance of Industrial Training Programmes in the process of correction
in prisons
2. Motivation of convicts for the reintegration into the society
3. Changes Needed
4. Contribution of New policies like Minimum Wages etc.

Perception about Training Programmes and their adequacy for

rehabilitation and reformation of convicts
Most of the larger prisons in USA have industrial programmes. But
adequacy of these programmes need to be checked.

These programs are helpful but there is always room for work to be done,
these programs targeted programs for substance abusers, violent
offenders and sex offenders

In Australia far more programmes are run than those mentioned above. This
makes it difficult to judge the adequacy of industrial and non industrial
training programmes.

Programs that support the community and the underprivileged. Work

towards programs that victims of crime think are important. This gives the
victims a say in “ fixing” problems and moving forward, Choose skills
that are needed in the region where the prisoners come from

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 Virtually all these programs have proven to be ineffective in rehabilitation

Prisoners should be taught skills that are applicable to the society in

which they will be released and which will provide a good prospect for
future employment

Industrial and Vocational training should also be equivalent to

community standards and where possible community accreditation should
be provided. This could be achieved by establishing joint programs with
local industry, colleges and vocational schools

They are not sufficient for rehabilitation. Depending upon the offenders
needs, anger management, substance abuse and programs challenging
their anti social attitudes may be needed.

Within NT prisons there are a number of internal service industries

(Cleaners), Laundries, Food Service, Building Maintenance and Grounds
maintenance). These Industries employ the bulk of inmates. There are
also some commercial industries (Mechanical) Automotive
maintenance, Carpentry, Horticulture and Number Plate Factory.

Most Industries are linked the prisoner education section, which provides
nationally accredited courses for those inmates who show initiative and
demonstrate good behaviour. Within each industry ( and for those doing
education courses associated with their work) there is a three tiered level of
pay depending on experience and skill. There are only two top levels of pay
and five at the second level, all others receive a base pay rate just for being
employed. Rates are currently
$ 38.50 per week Skilled Worker ( Head Cook, Chief Mechanic etc.)
$ 28.00 per week Semi Skilled Worker (Barber, Assistant Cook, Librarian etc.)
$ 21.00 per week Unskilled Worker
$17.50 per week Un-sentenced/Remand/no work available
Nil per week (Toiletries only) for those who refuse to work

The prisoner pay scheme and provision of nationally accredited

education and vocational training courses, comprise of two main intensives
for inmates to rehabilitate themselves and have recognized job skills and/ or
training on release.

Computer techniques, Mechanics, Air Conditioning

The Department of Justice does not consider that Rehabilitation Programs

are adequate given that 45.1% of prisoners return to prison within 2
years. However there are a large number of rehabilitation programs to meet
the needs of the prisoners.

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Prisoners are encouraged to participate in educational and vocational
training programs available across all prisons. Courses are fully
accredited, so prisoners who successfully complete their courses have a
qualification that is recognized in the community after release. Internal and
external service providers, including TAFE colleges, deliver the courses.

Specialized programs are provided to prisoners to address their offending

behaviour. These programs delivered across the state, address issues of
substance use, sexual and violent offending.

Treatment programs for violent and sex offenders are offered in some
regional prisons and in the metropolitan arrears. The programs vary in
duration and intensity depending on the assessed treatment needs of the
prisoner.

Substance use programs enable prisoners to develop skills and

strategies to avoid alcohol and other drug related offending after
release. Where possible, participants are linked with treatment agencies to
support their rehabilitation back into the community. The special needs of
prisoners with disabilities are identified and are assessed on entry to
the prison system and addressed through tailored programs, education
and employment.

Recently western Australia develop its own purpose built program for young
adults aged between 16-21 years. The Department has adopted “The
Reasoning and Rehabilitation Program” R&R, frequently referred to as R
& R or Cognitive skills. This was originally developed in the early 1980’s as
one of the first structured programs applying cognitive –based theory and
research to intervention with offenders. Through direct experience in applying
the program, T3 associates have refined its focus and continually improved
both methods for training staff and the process of a actual program delivery.

The R & R Program is essentially a structured, cognitive behavioral approach

to facilitating change in offender behaviour. But there is an important
uniqueness to the way the program has been designed and integrated to
focus on particular social-cognitive skill-development. The model focuses
specifically on the thinking skills which guide (or fail to guide) the behaviour of
offenders. It attempts to replace maladaptive and well-established
thinking patterns with cognitive skills that can promote pro-social
behavioural choices. There is emphasis on teaching offenders to be more
reflective rather than reactive, more anticipatory in their responses to
potential problems, and more generally flexible, open-minded, reasoned
and deliberate in their thinking.

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Using step by step instruction and purpose repetition skills building is
sequenced and refined as the program unfolds, the skill-use is integrated and
made relevant with concrete examples from individual’s lives. Application of
skills is encouraged through constant use of modeling and reinforcement
techniques. However, the program’s underlying philosophy is that participants
should be given “choice” to apply the skills they learn. They are told to see
one of their pockets as filled with their “old skills” . The program will attempt
to fill their other pocket with “new skills”. The will then have the choice of
which pocket they wish to draw from in negotiating.

The R & R program focuses on the “how” of thinking. A key concept that is
associated with the program is that participants are taught “how” to think,
not “what” to think”. Another way of saying this is that they are taught the
“Process” of thinking before attempting to redirect the “context” of their
thinking. In this context the term “skill” has been applied to the notion of
thinking. The process of learning new methods of thinking, which is most
frequently manifested in improved problem-solving skills, allows board
generalization of the skills to a variety of typical living situations involving
choices that might lead to either pro-social or anti-social outcomes.

Some convicts could be adequate for rehabilitation, but not for all convicts. I
also think Education Programmes are important.

Prison Programmes, especially vocational training can provide prisoners with

skills but other types of employment training aimed at enhancing
employability (such as job application skill, CVs, rehabilitation of
offenders act) are required.

The Tasmanian Prison Service is working towards a system of Prisoner

Management that highlights rehabilitation and encompasses restorative
justice principles. It is vital for the success of such a system to have
prisoners engaged in industrial programs and employment. However, I don’t
believe that such initiatives can alone cause a prisoner to rehabilitate.
Adequate support networks programs to address offending behaviour,
appropriate health treatment, educational opportunities and systems to
address other risks and needs all play a part in successful offender
management.

These programs can contribute meaningfully to reformation (if properly

run) but they are not adequate by themselves to achieve reformation on a
wide scale basis.

We run a range of rehabilitative programmes and reintegration services in

New Zealand, which are designed to meet the individual needs of our
prisoners

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Computer training, DTP operator, Screen Printing, TV/Video repairing,
Maintenance of Zerox, Fax etc.

In over 30 years of experience It has been seen that very few Industrial
Training Programmes in Correctional Institutions that have much, if any,
impact on “So Called” rehabilitation and reformation of the individuals
in them. Most such Programmes are run for the correctional officials for their
own interests rather than for any impact on the Correctional Clients.
Occasionally, an inmate in a prison or other correctional facility will learn a
trade like cooking, that can be used on the outside once the inmate is
paroled. Rarely we find a Correctional Counseling Programs that had
much impact on the life the individuals will lead on the outside of the
institution. Counseling is done strictly for assisting the inmates to adapt to the
Correctional institution. Such adaptation is typically antithetical to modification
of the behaviors of inmates once they are released from confinement.

Not completely adequate, Need educational program, treatment Programs to

support housing, employment after release.

General Education, College Courses, Counseling, Group Therapy,

Computer Training, Health and Physical Conditioning, Diet and Nutrition
Courses, Yoga and meditation, life Skills, Financial Management.

Current Programs are good but reach so few inmates as to be useless.

Vocational Education is an excellent idea but alone is not sufficient to

achieve rehabilitation. It is often a necessary precondition, but other
things such as Community Support once the offender is released are also
necessary.

There are two advantages to programs like this, one is that inmates learn
work skills and other habits that will help them in the “Free World” Two,
the technical programs should have some basis for a job in the free world. For
example, Most prisons here in the states have welding programs, yet few
welders are hired. Programs such as building custodians, Computer work etc.
seen to make more sense.

Programs are often inadequate and are too often designed simply to keep
inmates busy. It is important that programs teach inmates useful skills that will
be in demand and that will assist the inmate in being successful in the
community. It is also necessary that there be appropriate planning. Prior to
release and Follow-up once the inmate is released to support reintegration.
More focus needs to be placed on social or life skills, as well as counseling
and support designed to help them cope with the prison experience and like
on the outside.

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I do not think that prison programs are adequate for rehabilitation and
reformation process. The research literature in the United States suggests
that Prisons do not reform inmates, In fact prisons themselves have been
breeding grounds for crime. What is needed is more alternatives to
incarceration for non violent and non serious offenders. More
Community based programs and supervision is needed.

My main research concerning prisons was conducted in Israel and I believe

that part of the programs are adequate and some –not. Basically the
programs need more professional instructors and Guidance+ aftercare
supervision and education (In the Community). In addition, more
emphasis should be invested in Computer related jobs. Lastly much more
time, energy and money should be invested in anti-drugs programs
emphasizing the after care treatment.

Most of the programs are useful as they teach a trade. There are two
problems in my mind, though First, Some of the programs prepare
inmates for jobs that they can not hold once out of prison because they
are felons. Also, some of the jobs are in very little demand on the outside.
More needs to be done to make sure that the programs in prison are related
to high demand programs that felons can hold.

Industrial training sometimes means teaching inmates how to obtain

employment (e.g. interview process) and sometimes refer to teaching them
how to work on an industrial assembly line like a factory? In the United
States, the Southern farms generally emphasize agriculture labour, but this
labour for punishment and for productivity of the prison itself, not necessarily
for the inmate’s benefit. Around the other parts of the United States, the use
of many kinds of rehabilitation programs, such as group counseling, drug
treatment and drug education (prevention), basic job skills and academic
education (high school and college for inmates). Organized meditation
programs are relatively rare in US prisons. The use of short term correctional
boot camps for some younger offenders: these are based on a military model
and have had mixed results on recidivism.

Most of the training programmes in prison only comprise very easy tasks
which do not prepare the detainees for the time following the imprisonment.
The rehabilitation process is not supported, especially, if those programmes
are addicted to the economic situation outside the prisons and people
become unemployed like they have already been for a long time. It would be
helpful to offer internships which could help the convicts with finding out their
real abilities e.g. working with wood.

Adequate funding for the existing to enable all prisoners take advantage and
acquire some profitable skills before leaving prisons. General research
literature does not suggest that educational and employment training

79
 programmes are sufficient to reduce recidivism. Good supplements include
cognitive- behavioural programs and others that build personal and
interpersonal skills.

Programmes can theoretical be successful with non violent offenders if they

teach useful skills. For instance, in the US the use of convicts to paint license
plates and make mailboxes. There are no long term prospects for released
offenders based on these skills.

Cognitive behavioural training

Perception about necessity to motivate the convicts towards

education, meditation, moral teaching, industrial training etc for
the reintegration into the society.
Mental Health, Medical Health, Life skills training, drug/alcohol treatment,
family budget etc.

Teaching them about ethics

Assisting them with housing, post release
Assisting them to secure employment post release
Parent education for those prisoners who are fathers
Comprehensive preparation for release information programme

Role of institute is different

Involve the Community where they(Prisoners) organizing for release and

supervision. Teach family, parenting and respect Programmes.

The Environment of prison makes it impossible to meet any of these goals.

One possible solution is to make shorter by harsher sentences( prison is for
punishment) and attempt to rehabilitate in the community. Of course, there
are hard core criminals for whom there is little hope of positive socialization.
These should be treated humanely in secure facilities for long periods of time.

In order to impact on an offender’s potential for reintegration programs must

be designed to reduce an offenders’ risk of re-offending. To do this
successfully treatment programs must be provided to meet the individual
needs of the offender. In some cases this means a variety of Programmes to
each offender such as educational upgrading, substance abuse treatment,
psychological counseling and other specific programs as anger management

To provide programs specific to meet individual offender needs, not only do a

variety of programs have to be in place, but there is also a requirement for a
comprehensive and scientific risk and needs assessment to be completed on
each offender on admission.

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 In US ex-inmates and parolees carry a stigma (ex-offender or ex-convict) and
thus it is very difficult to completely reintegrate a former prison inmate into
society and if they’ve never been incarcerated. Rather, they mostly take
mental jobs, sometimes set up for them by their parole officers. Executive
pardons are relatively rare so the criminal record remains a serious issue for
the ex-offender. Some rehabilitation programs work for some types of
offenders some of the time. There is no panacea program for large
categories of offenders. This is also be evident to mention that the society
may not want rehabilitation to be the absolute priority; social defense
(incapacitation), retribution, and deterrence all remain very important
correctional goals. Many would argue these take priority over rehabilitation,
through rehabilitation is making a political come-back in the United States.
You may want to explore the politics of rehabilitation in many countries.
This is more interesting to know “what works”

In Germany, an increasing number of alternative institutions to the

imprisonment in general are established (institutions, which help to avoid
pretrial detention and also imprisonment after the main negotiation, these
possibilities are often particularly dedicated for young offenders); in Hesse,
Germany, the implementation of electronic monitoring instead of an
imprisonment or pre-trial detention started a few years ago, the scientific
companionship is conducted .

Psychological reorientation and social re-reengineering

Motivation is not the key issue, but rather skills, resources and opportunity.

Supervise them and keep them away from criminal peers when they leave
prison.

Motivational interviewing, structured social learning programmes, and

programmes that target criminogenic needs areas (e.g. anti social attitudes,
value beliefs, peers, substance abuse etc.

Perception about, what changes are needed for convicts and as

well as in the society for making their place again in the society
• The Changes need for convicts involve major changes for society. More
effort should be paid to changing the conditions (environment) of inmates,
most of whom come from dysfunctional neighborhoods in this country.

• Society must become more prepared to help convicts reintegrate into the
community, prepare to take up the rehabilitative opportunities which are
offered to them.

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 • Attitudinal Change is the important one that must be linked to- Prisoners
must learn to respect how their victims felt

• Whereas much as possible programs for offenders should be provided in

the community. To do this a gradual, structured release system, such as
parole, needs to be in place. The key aspect here is that an offender is
released only if it is determined that he/she will not present a risk to the
community. Further, a structure, supervised release provides for a gradual
reintroduction of an offender into the community. This allows the release
to be monitored while providing a resource to the offender should he/she
encounter problems in the community.

• Regarding violent criminals no surety who are incarcerated in secure

prisons. Again, protecting society should be the priority. Active promotion
of meditation and restorative justice programs in the community for non
serious, non violent offenders (especially juveniles). Community
meditation center and program development is needed for this area.

• More offers concerning education and work

• Social reengineering to eliminate the circumstances that took them to jail

in the first place.

• It varies greatly according to the nature and history of the offender, in

general, criminal thinking styles and habits may need change, personal
and interpersonal skills, and transition support and opportunities are
needed.

• Reduce risk factors

Perception towards new policies like minimum wages for

convicts would help them
Minimum wages would not be a bad beginning . Many inmates do not
appreciate the value of work and the discipline that it takes to do it..
Ultimately, any job an inmate with industrial skills attains has to pay
enough for the inmate and his family to survive.
Minimum wages would be helpful, but probably prohibitive because of the
cost involved
Need to develop a Comprehensive Reducing Re offending Strategy
Role of institute is different
In Australia all prisoners are paid unless they refuse to work. Wages
are not normal outside wages but are incentives to work in prison. This is
not a new policy here it has been the case for a long term. Before wages
sweets and tobacco was issued to prisoners.

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Radical changes is necessary. Governments do not have the will to
do what is really necessary.
Minimum Wages Programs can present a problem in that they are
generally provided for participation in industrial, production types
programs only. This creates a disincentive for offenders to participate in
programs to address the problems which resulted in their incarceration
such as substance abuse treatment and other counseling programs
I don’t think that minimum wages are particularly rehabilitative but more a
Human Rights
I agree that a minimum wages structure is a strong incentive to positive
behaviour, and coupled with a progressive disciplinary system that
allows for short term loss of privileges ( 2 days to 2 weeks) will better
behaviour and increased responsibilities by the inmates.
They will clearly see that their behaviour is tied to their income, as well as
access to visits/ television/ freedom of movement etc. Positive
reinforcement of good behaviour by prison management through better
jobs, access to education etc. will also show inmates that they can
progress to better things.
Prisoners generally work within prison premises although some prisoners
work in the community under supervision on projects that contribute to
public good. Any commercial contract involving prison labour (whether in
the public or privately managed prison) is primarily designed to give
meaningful work experience under competitive conditions to prisoners.
Prisons do not compete for work that would otherwise be performed in the
local community and would therefore take jobs away from law-abiding
citizens. Prison work is consequently generally in short supply and
obtaining suitable work for prisoners is an ongoing challenge to prisons.
Prison work in WA operates under the guidelines of National Competitive
Policy (NCP). NCP competitive neutrality principles require that significant
government business activities price their service at full cost where
appropriate. However, it provides for exemptions from competitive
neutrality principles under the community benefit arising from factors such
as fewer repeat offences, lower containment costs and higher prisoner
quality of life outweighs the benefit from greater competition.
Prisoners are paid under a gratuities system and rewards attendance and
work performance. Prisoners currently earn gratuities of between $ 19
and $ 44 per week. While gratuities may be well below the minimum rates
of pay in the community they are not exploitative and work is not afflictive.
The level of gratuities is established with regard to the fact that prisoners
are prisoners are not require to meet the normal costs associated with
living in the community. They are provided with accommodation, meals,
clothing, recreation facilities and a range of other services including
medical, dental and other services.
Yes, I think it will help the convicts to understand the Cognitive Link
Labour Salary

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Prison wages are very low and aimed at providing prisoners with
resources to purchase items while in prison. Incentive Systems (with
wages linked to prison behaviour, including a willingness to address
offending) may be more effective. Work release schemes may be helping
in enabling prisoners to continue to support their families or preparing
them for their return to society and employment on release.
Minimal wages for prison work would help cons suit be in a better
position to live independently. Once released but this policy would need
to be confirmed with a comprehensive approach including such things as
job placement and employment retention counseling.
More than the minimum wages is the need to assist convicts with
obtaining positions of value in the community that will encourage them to
embrace the values of the community. Work needs to be gratifying and
productive of self worth. Incarceration of individuals.
Policies which allow some supervision of reentering offenders- so that
additional services can be provided such as help in locating employment
and housing.
Minimum wages helps as does maintaining a saving account for release.
Job placements in skilled occupations, lots of treatment, better
access to housing, educational services, childcare, medical services.
Definitely minimum wages.
The advantages of minimum wages or free world wages is that it provides
a “ nest eggs” for the returning prisoners to get established.
In my opinion, the key is helping convicts develop a range of resources
(that could include a saving account made possible through wages)
that will aid in helping them be successful in the community. However they
must also have appropriate skills that will allow them to effectively use
those resources if they are going to be successful.
No, I don’t think that minimum wages will necessarily help. What convicts
and poor people in this country need are living wages. Most people
can not live adequately on minimum wages. They can not pay all their
bills, support a family, and provide for adequate health care with minimum
wages. In addition to living wages, we need to create jobs and provide
adequate 21st centaury that will equip convicts to be productive citizens in
the society. We also need to do away with policies such as prohibiting
felony convicts from voting.
I doubt, these policies are implemented in different countries with no real
affect on ex-offender’s way of behaviour (however it doesn’t mean that
it should be stopped) I assume that inmate should receive money for their
work exactly as any other human being.
Minimum wages would be fine, but there also needs to be more skilled
jobs made available to convicts so they can see that, if they adapt well to
society, that they can move up and make a better living.
In the free community, a standard minimum wage is the law in the United
States. Thus ex convicts working in the community after they have served
their sentences must receive minimum wage by law. Within the prison,

84
 our inmates do not receive this and also it is doubtful that the American
Public would support this. In fact in some state, inmates engage in penal
labour without pay or for a few pennies an hour. Of course, in the internal
prison economy, prices for commissary good are much cheaper than they
would be in free society. That is, the internal prison economy for inmates
is very different than the economy that American experience in their free
communities.
Sentence Execution Law in Germany comprises an extensive regulation of
the wages for work or other occupations in prisons for convicts. The
federal constitutional court decided in 1972 (BverG NJW 1972, 811) that
every working convict has a claim to a wage payment for work done.
Prisoners are to be put on a par with workers in normal life, considering
however, that the average efficiency of working prisoners is about 10 to 20
% comprised with the business volume in the free economy.
One study in US showed some positive effects that were offset by other
associated problems.
Minimum wages is not a much of an economic link to crime.
It will have little effect until their anti social attitudes and values are
addressed.

There is a mixed approach of international experts but the fact can not be
ignored that something is needed to do urgently in this area as it is of more
importance in almost the whole world. The key points which came after analysis
are :
The industrial training is very necessary and

Present Filtration of the activities

New Policies which can be adopted in Indian Prison context.

Exploration in detail the politics of rehabilitation is needed.
Public opinion about the role of rehabilitation within a punitive prison
regime is of critical importance-every bit as important as finding
rehabilitation programs that seem to reduce recidivism.
Distinguish between penal (punitive) labour and benevolent inmate job
training for the inmate’s benefit.

**************************************************************

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 CHAPTER - V

Research Design and Methodology

86
 CHAPTER – V

RESEARCH DESIGN AND METHODOLOGY

Significance of the study

It is well known fact to society that the present prisons are not like the traditional
prisons these days as the purpose of the imprisonment has been changed from
retribution to reformation. This study basically designed to find out the present
correctional efforts and the gap in between theory and practice pertaining to
fulfill the prime objectives of reformation, treatment and rehabilitation not only in
the context of convicts but also to include the state endeavours in all. The most
important part of this study emphasis on the intervention needed in the
correctional institutions rather than making only policies and plans. It may
require an integrated approach staring from the problem assessment of the
convicts, planning the whole sentence term and preparing them for the
reintegration into the society. In short to find the objective of “What works” in
positive manner for the correction of convicts. No doubt existing prison institution
will undergo further drastic changes and new ones will arise in response to new
challenge and opportunities.

Restructuring the prison system in India needs no skin deep cosmetics but a soul
deep surgery. “You can judge a man by his idea of happiness” even in the
present situation of the jails the prison officers had every reason to look
depressed. The effort of making every department capable in raising their own
funds and making them autonomous can give birth to the phenomenon of
“Privatization of Prisons”. This may become a debatable subject that the detained
persons of the prison are for the punishment. The motive behind this is that the
prisoners skill should not be used for worst things but for the productive and
creative purposes. It is always better to do things right rather than doing more
right things.

Objectives
1. Prepare the profile of convicts to identify the needs and problems of
convicts.
2. Find out the gap in theory and practice pertaining to the reformation,
treatment and rehabilitation of convicts.
3. Facilitate reformation, treatment and rehabilitation of convicts through
social work intervention.

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 4. Suggest areas of prison reform in future.
To achieve these objectives efforts made to understand the prison
structure, reformation process, society’s reaction and the future initiatives
followed by the proper policy and planning.

Scope and Coverage

The study is undertaken in Model Jail, Lucknow (U.P.) and Tihar Jail,
Delhi. The reason of selection of these two Correctional Institution is
following :

1. Although Prisons are the state subject. Model Jail, Lucknow

represents the U.P. state known as the most crime prone
state and the Tihar Prison represents the national scenario of
prisons. There is a large difference in the policies, planning
and execution among Tihar and other jails. A critical
evaluation of the programmes and their impact in these two
prisons presented a complete picture of prison reforms in
India
2. Both the prisons are specific in nature. Model Jail, Lucknow is
the only jail of its kind in the whole Asia and it is a scheme jail
consist of only those convicts ho have shown a good track of
conduct record in some other central jail while the Tihar Jail,
Delhi is a combination of six central jails.

Location Map of Tihar Jail Delhi and Model Jail, Lucknow ( Uttar
Pradesh) India

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Variables

In a study like this, the programme may be considered as the “independent

variable” or ‘Cause’ and the result of programme implementation the
“dependent variable” or ‘Effect’. To put in another way one way conceptualize
this, as the test of one or more hypotheses which specify certain antecedent
conditions ( that is programme element, that are thought to lead to a desirable, or
to deter an undesirable) effect (that is reduced better adjustment or recidivism).
Thus adjustment, employment, education and recidivism become the dependent
variable for the present study and the Independent variable are

1. Convicts participation to a correctional programme, wages earned. Conduct

record, attitude towards ; prison programmes, prison official, other inmates,
future

2. Ex-offenders : participation to a correctional programme, attitudinal change –

perception of family members, friends and neighbours and perception a utility
of the programme after release.

List of Variables Studied

The above mentioned variables are as follows

Independent Variables

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A: Effectiveness of a correctional programmes

a. Programme Participation
b. Wages Earned
c. Conduct Record
d. Attitude towards
1. Correctional Programmes
2. Prison Officials
3. Other Inmates
4. Future Outlook

e. Community Perception

B: Prison Administration
a. Infrastructural and Basic Facilities
b. Rehabilitation and Reformative Activities

Dependent Variables

B: Adjustment
1. Occupational Adjustment
2. Social Adjustment
3. Home Adjustment
4. Psychological Adjustment

C: Economic and Employment Status

1. Occupation before Conviction of self and family
2. Economic status of family

D: Recidivism
1. Recidivism status
2. Perception towards crime

Hypotheses

Proper approach to the available reformative activities and their actual

implementation can lead to find out the Psycho-social and Economic etc.
adjustments and planning of whole sentence term with an objective to prepare
the convicts for reintegration into the society and to make them empowered to
live a dignified life within the prison itself.

Sample Size and Techniques

Quantitative Information

Total Convicts in Model Jail : 341 (Males : 217, Females: 119)

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Number of Male Convicts selected in Model Jail : 100
Total Convicts in Tihar Jail No 5 : 2455 (Males : 2198, Females: 257

Number of Male Convicts selected in Tihar Jail : 100

Qualitative Information

In addition, NGO’s perception, Prison Officials Views and the Expert Opinions
are also incorporated in the study.

Sampling Technique Used

The purposive sampling method is adopted in the selection of convicts.

The sample was selected from the list provided by both the prison in case of
convicts. A random sampling method was adopted in selection of convicts. In the
matter of Prison officials the officials of all level interviewed independently while
the NGO list is also provided by the Prison department. The expert opinion part,
National and international experts are contacted through email, these includes
academicians, administrative experts from different universities and institutions
working in the area of criminology and prison reform.

Data Sources, Collection and tools used

Data Sources

The complexity of the theme and the number of relevant issues that required to
be studied, necessitated a comprehensive interview schedule as well as a
complex line of inquiry. In such an approach certain amount of flexibility and
discretion is retained. Questions were designed for both closed and open ended
responses on the part of the subject. It was realized that lengthy or abstract
queries or very precise one intended to elicit unreliable responses.

Information for developing a plan and policy on intervention and prison reform,
data has been collected partly from the field and partly from the secondary
sources.

Tools Used

1. Structured Questionnaire
2. Interview
3. Observation

Data Collection

Primary data was collected from the field while the secondary data arranged by
the concerned departments and the various libraries

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Primary Data

Subsequently for the collection of primary data different target groups are
identified and accordingly three various types of questionnaires structured
separately for each target group.
i) Questionnaire 1 : Profile of Convicts and Social Work Intervention
ii) Questionnaire 2 : Organization
iii) Questionnaire 3 : Expert/ Key Informants

Questionnaire 1 has been designed to collect information about the profile

of convicts of the prisoners of Model Jail, Lucknow and Tihar Jail, Delhi.
This questionnaire seeks data on :-
- profile of convicts
- family background information
- economic background
- educational background
- treatment of family members, friends and neighbours
- pre-conviction employment status
- reasons of the conviction
- needs and problems of respondents in the prison
- psycho social problems
- perception towards prison officials
- reformation and rehabilitation programmes with special emphasis on
social work intervention

Questionnaire 2 has been designed for collecting information on

organizational structure from Model Jail, Lucknow and Tihar Jail, Delhi.
This questionnaire collects information on:

- geographical and historical background

- manpower employed
- reformative programmes running
- training for rehabilitation
- educational programmes
- types of major offences
- financial details

Questionnaire 3 solicits information from the Experts/ Key informants (

International and National) about the prison reform endeavours which can
take an important place to achieve the ultimate goal of treatment and
rehabilitation of convicts. The questions are open ended to provide a
unlimited approach for suggestions. This questionnaire collects
information on:

- general particulars and background information

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 - perception about employment oriented industrial programme training
- factors that can motivate the convicts to reintegrate in the society
- future prospects for convicts after release

The primary data collected from the NGO’s and the Prison Officials has
been carried out by informal interview method focused on the issue
- educational development after going through the process of different
programmes
- effect of reformative programmes
- economic activity and skill development plan for after release life
- role of religious and spiritual discipline, meditation and other activities
for recreation and rehabilitation
- future plan of convict after release
- general particulars
- introduction of new schemes and services introduced by them for the
treatment of convicts
- perception on the deregulation in the reformation of convicts
- after care help provided by them for rehabilitation
- problems faced by them in running their programmes etc.

SECONDARY DATA

Convicts

Secondary data pertaining to information on prisoners demographic details,

crime history, previous crime history, present criminal status and so on collected
from concerned prisons.

These details were then cross checked with the details obtained from
questionnaires administered to them. Details pertaining to the offence and the
extent of involvement of these of the prisoner in it were obtained from their case
sheets in the state prison.

Prison Programmes

Data pertaining to prison programmes for prisoners at the policy level and at the
implementation level were collected from the following reports
1. Report of the Indian Jail Committee 1919-1920
2. Report on Jail Administration in India 1953
3. Advisory Committee Report on After Care programmes 1954
4. The United Nations Standard Minimum Rules for Treatment of Prisoners 1955
5. The Uttar Pradesh Jail Industries Inquiry Committee , 1955-56
6. All India Jail manual Committee 1957
7. Model Jail Manual 1970
8. Working Group on Prisons 1972-73

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9. All India Committee on Jail Reforms 1980-83 ( Mulla Committee)
10. European Prison Rules, 1996
11. Standard Guidelines for corrections in Australia, 2000
12. Prison Manuals
13. Reports, Books and Articles related to the prison reform process
14. Internet Information
15. Annual reports of the different departments related to prison reforms.

Data Processing and Analysis

Data Processing

Quantitative data collected form the various target groups undergone through the
coding process. After completion of Data collection exercise and coding the data
has been transformed into the transcription sheets. Then the tabulation plan has
been prepared and with the help of the transcription sheets the different tables
prepared.

For the qualitative data some key features like psycho social aspect, educational
and economic status, various reformative and rehabilitative programmes etc
grouped and the common opinion and responses worked out.
After that the report structure has been finalized.

Analysis of Data

After preparation of tables the analysis of data completed. The percentage

distribution, Average Rating, Quality index etc. statistical tools used.

In the process of report writing various tables and graphs, figures prepared to
make the thing more understandable and some relevant photographs, profiles,
glossary, responses etc also used to make it effective.

Limitation of the study

1. There was a compulsion of taking all the prisoners whose cases were
decided at least from the session court because according to prison
manual no labour can be taken by under trails. Since these convicts stay
long time and the state is able to run some reformative, treatment and
rehabilitative programmes.
2. The decision of taking all male prisoners is baked by the truth that most of
the female prisoners are under trails and they stay for a very short period
say (one month to 3 years) so interventions with them in terms of
reformation, treatment and rehabilitation is not worthwhile and the other
reason of withdrawal from that sample is they were redundant to provide
information to a male research scholar and the timing also not suited for
the research purpose.

94
3. There is a restriction by the Prison department for taking the photographs
within the prison walls. So whatever possible snaps outside the jails are
shown in the report.
4. The sample size of the convicts was 100 from each jail so the frequency
itself shows the percentage distribution also. That’s why in some of the
tables column percentage taken.

95
 METHODOLOGY

Identificati- Preparation of Sampling Collection Preparation Coding and Analysis

on of the Area Questionnaires of Primary of Tabulation Classification of data
problem Selection
and Plan and of Data and and
Secondary Report Preparation of Report
data Structure Transcription Writing
Convicts
sheets

Tihar
Jail, Model Organization
Delhi Jail,
Lucknow
Expert
Opinion

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 CHAPTER - VI

The Status of Tihar Prison, New Delhi

97
 CHAPTER - VI

The Status of Tihar Jail, New Delhi

Tihar Jail, New Delhi

Tihar Jail complex in New Delhi is one of the largest prison complexes in the world.
The special features and characteristics of Tihar is discussed below

History of Tihar Jail:

Prior to 1958, a small Jail was located at Delhi Gate area of Delhi. In 1958, the
prison was transferred from Delhi Gate to a site on the land of Tihar Village in
western part of New Delhi. In the beginning, only one Central Jail was
commissioned with the lodging capacity of 1267 prisoners. In those days also, the
terrorists and the hard-core prisoners were kept in the Delhi prison. Till 1966, the
administrative control of Delhi Jails was with the Government of the state of
Punjab. The same was transferred to the Delhi Administration, Delhi in 1966. The
prison population gradually grew. Consequently, the only jail was bifurcated and
Central Jail No. 2 was carved out of it in 1984 and Central Jail No. 3 in 1985. By
March, 1986, all three jails were manned by three Superintendents and the post of
Inspector General (Prisons) was created. Prior to this, the functions of I.G.(Prisons)
were performed by Dy. Commissioner, Delhi as additional responsibility.

A New Camp Jail No. 4 was started in 1978 and was converted into a full-fledged
Central Jail No. 4 with a lodging capacity of 740 prisoners in 1990. On 6th March,
1996, a new prison called Central Jail No.5 was commissioned with a lodging
capacity of 750 prisoners, only for young and adolescent male prisoners within the
age group of 16 to 21 years. An exclusive jail for women prisoners was
commissioned on June 3rd, 2000 with a capacity of 400. The post of Addl. Director
General(Prisons) was also upgraded to that of Director General(Prisons) in
December , 2001. The total lodging capacity in all the six Central Prisons in Tihar
Jail Complex is 3637 prisoners whereas the actual number of prisoners lodged is
12,732 as on 31.10.2002.

Infrastructural and Administrative Facilities

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Administration

Delhi Jails are under the Administration and Control of Government of National
Capital Territory of Delhi headed by Lieutenant Governor. The Chief Minister of
Delhi is the minister in charge of Prisons. The Principal Secretary, Home, is the
Administrative Secretary of the prison department, who works under the
supervision of Chief Secretary of Delhi. Director General (Prisons), who is the head
of the prison department, is assisted by Deputy Inspector General of Prisons. The
following is the staffing pattern of Delhi Jails:
a. Superintendent (Head Quarter)
b. Superintendent (Central Jail-1)
c. Superintendent (Central Jail -2)
d. Superintendent (Central Jail -3)
e. Superintendent (Central Jail -4)
f. Superintendent (Central Jail -5)
g. Superintendent (Central Jail -6A)
h. Resident Medical Officer

Each Jail is under the Superintendence and control of Superintendent Jail. Staff
pattern in each Jail as follows:

Superintendent

Deputy Superintendent-I

AssistantSuperintendents

Head

Warders

D.G.(Prisons) is a senior IPS officer of AGMU cadre while other officers

upto jail Superintendent level are from IAS or DANI Civil Service Cadre.
Officers of the rank of Deputy Superintendent and below are constituted
by Delhi Jail Service staff permanently with the jail.

99
Security Staff

Whereas the internal maintenance, security and look after of inmates is done by
Delhi Jail Staff, External Security is provided by Tamil Nadu Special Police (TSP)
and Central Industrial Security Force (CISF). High Security wards, Watch
Towers and external perimeter is manned by TSP staff. Internal perimeter
and entrance gates to Tihar premises are manned by CISF. Any one entering
the prison is searched and frisked by TSP staff. The TSP staff is searched and
frisked by CISF staff. The work of production of prisoners before various
courts is entrusted to Delhi Armed Police, III Battalion.

Jail Buildings

The present Tihar Prison Complex is located in an area of about four hundred
acres. Apart from the six prisons presently in operation it also houses prison head
quarters, staff quarters, guest houses, community center and barracks for staff and
security forces. Three more jails with a total capacity of 1550 prisoners are under
construction in the complex. In addition to these, the following jails are also under
various stages of planning/construction:

District Jail Rohini

The construction work at Dist. Jail Rohini is in progress. The capacity of the prison
when completed will be 1050 inmates.

Prison Complex at Mandoli

It is proposed to construct 06 prisons along with necessary institutional buildings at
Mandoli (East Delhi) on a plot of land measuring 78 acres. The proposal of
construction is under active consideration of Govt. NCT of Delhi. Expected
sanctioned capacity is 3370inmates.

Open Jail At Baprola

A New Open Prison is proposed to be constructed at Dawarka project near
Baprola village over a plot of land measuring 125 hectares.

Other Proposed Prisons

Besides the above prisons, 03 more prisons have been approved at Narela (North
Delhi), Ghitoroni, Mehrauli (South Delhi) and Pappankalan (South-West Delhi).
These prisons are at various stages of planning.

100
All these new prisons altogether will have a capacity to lodge 10,000 prisoners and
provide a long term solution to the current congestion problem. These new prisons
will have modern facilities for prisoners and prison management and will be
equipped with state of the art safety and security systems. They would also
facilitate lodging of prisoners in prisons closer to court complexes and thus save
wasteful expenditure on security and transportation.

Hospital & Medical facilities

Special attention has been paid to health and medical care of prisoners. A total of
85 doctors and 150 paramedical staff have been provided for round the clock
medical paramedical support of dispensaries and hospitals in all the six central
prisons. X-ray, ECG, Pathology Lab and other diagnostic facilities have been
provided. Dental and eye clinics have been setup with the help of non-
governmental organizations. Leprosy detection and treatment programmes are
going on with the help of NGOs. A large number of eminent doctors are assisting
jail administration voluntarily. Also, specialists in disciplines of Medicine, Ortho,
ENT, Skin, Dental, Eye, Pathology, Chest, Gynae etc. are on our regular roll as
Senior Residents. A number of outside hospitals with specialized medical facilities
have been identified as referral hospitals.
1. A Behavioral Therapy Ward exist in the Jail Hospital for mentally ill prisoner
patients. Separate Casualty, Medicine, Ortho and T.B. wards are also
functioning for prisoner patients in Central Jail Hospital.
2. Every prisoner on admission in the prison is thoroughly medically examined
and segregated for Medico legal case, drug-addict case, hospital admission
etc. Those found in good state of health are sent to their respective wards.
Those requiring any medical follow-up are advised to attend OPD
subsequently, which exists in all the jails.
3. The old and sick patients are being given special treatment inside the jail.
They are being provided special diet. Cases of seriously sick under trials are
taken up with the concerned courts for their bailing out/early disposal of
case.
4. The women jail has a separate 10 bedded full equipped hospital with
necessary Medical and Paramedical staff.
5. A family care unit has been setup under one Assistant Superintendent to
substitute family care and attention to prisoner patients admitted in outside
hospitals. This has greatly improved medical care and attention to prisoner
patients.
6. Large number of entrants to the prison come with the history of drug use.
The experience shows that about 8% of new entrants come with drug
addiction problems. These prisoners are screened at the stage of mulahiza
itself and admitted to de-addiction center for the purpose of detoxification
and treatment of withdrawal symptoms. They are given treatment for about
a week by psychiatrist. After detoxification drug addicts are transferred to
special ward, where trained NGO workers provide them counseling and
monitor their behaviour.

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 There is a need to keep the drug addict prisoners separate from rest of the
prisoners for containing the problem of drug abuse within the prison system.
An important step has been taken in this direction and the drug addict
prisoners from CJ-1, 2 and 4 numbering 412 have been lodged together in a
separate ward at CJ-1 under the supervision of trained personnel, of an
NGO named An Association for Scientific Research on the Addictions
(AASRA) from 20th Aug.' 2000. In addition 220 drug addict prisoners are
lodged at AASRA ward in Central Jail No.2 and 70 in Jail No.5 under
supervision of NGO, AAG (Aids Awareness Group).

The drug addict community in AASRA ward is given a family set up, with the
older inmates free from drug for longer period being made the head of family
and big brothers (Bada Bhai). The new drug addict entrant joins the family as
small brother (Chota Bhai) to be looked after the monitored by big brother. The
inmates are given a structured schedule of everyday activities in order to
promote recovery. This includes counseling, education, meditation, mood
making sessions, sharing one's recovery, concept seminars, family group,
community meeting, barrack meeting, anger and grief workouts, educational,
and recreational activities. Psychodrama is used effectively. These activities
are integral to community building Special workshops like tailoring, cooking,
candle making, card making, music, gardening are run by An Association for
Scientific Research on the Addictions (AASRA). Attitude to work and
responsibility is a key focus for the recovering addicts. The work ethic is
strengthened by participation in these workshops. Sports are given special
emphasis. In addition, religious and cultural events are celebrated throughout
the year.

Computerization of Prisons

All the jails have been computerized way back in 1994. There are seven NIC
Computer Centers in Tihar Jail Complex, one in each of the six jails and one in
Prison Head Quarters. Each Centre is equipped with a Pentium Pro Server and
different nodes have been given to different sections. There is a computer Centre
at the Tihar Jail Reception for Public Inquiry. The major software used in Tihar
Jail is Prison Inmates Information System developed by NIC using Oracle
under Unix Operating System. This software concerns with the monitoring of the
Prison Inmates.

NIC is giving all the Hardware & Software support. One Engineer from NIC is
permanently posted in Tihar Jail for the hardware and software maintenance and
software development.

Upgradation of the prison inmates information system has been proposed to the
Govt. incorporating finger prints and photographs of prisoners to enhance the
security. The proposed upgradation also aims at fully computerising systems of

102
visitors Management, Hospital Management, Personnel Management, Inventory
Management etc. This will immensely help Jail Administration in proper
Management of Prisons.

Staff Welfare

Training and Welfare of about 1340 Jail staff is duly taken care off. Two Guest
Houses have been started in Tihar Jail Complex where visiting officials, Prison
staff and their relatives and friends can stay. An Insurance Scheme for staff
members christened as "Sarangi scheme" was started at subsidised rates,
which caters to the needs of staff members who unfortunately fall victim to
accidental death or injury. An L.P.G. Gas Agency has been started in Tihar Jail
Complex employing dependents of Jail Staff. A branch of Indian Bank and Delhi
Public Library has been opened for the benefit of Jail Staff and their families.
Tihar staff hostel with Welfare Canteen and mess facility has been opened to
provide Break fast, lunch and dinner of the Staff at reasonable rates.

A Multipurpose Community Centre and Tihar Tennis Stadium Complex has

been commissioned. A Dispensary under the aegis of Govt. of India for jail staff to
provide necessary medical facilities to all the staff members and their families.

Jail Factory

Jail Factory complex situated in Central Jail No.2 has been modernized keeping
in view today's industrialization and prison needs. An average of 300 convicts are
engaged daily in different sections of the jail factory viz. carpentry, weaving,
tailoring, chemicals making, baking, confectionery and paper making. The product
of jail factory not only meet the consumption requirements of Tihar Jails but are
also sold to other Govt. Departments and in the open market, due to their very
good quality and competitive price. Our confectionery items Aloo Bhujia and Potato
chips/Wafers which have been widely appreciated for excellent quality have been
launched in the open market in the brand name of T.J's special by Honourable
Chief Minister of Delhi.

Factory items were displayed in an International Exhibition in London, U.K., which

were immensely appreciated by the global visitors.

Women Prison

A new central women's prison exclusively for women was inaugurated by Hon'ble
Home Minister of India, Sh. L.K. Advani. Though it was contemplated for 400
women prisoners, yet presently more than 500 women prisoner along with about
70 children are lodged. Earlier they were lodged in one of the wards in Jail No.1.
This jail has a separate Mulahiza Ward (for first time entrants), visitor's area,
kitchen, a separate 10 bedded fully equipped hospital with necessary medical &
paramedical staff and factory for vocational training. Regular teaching, Type writing

103
and Computer classes are held. In the factory various vocations useful to them
after their release are taught.

Earlier, lunch packets to the prisoners attending various courts in Delhi were
supplied by a contractor, which were sometimes not found upto the mark. The jail
administration decided to supply these packets prepared by women inmates. The
food will is now prepared under our watchful eyes in hygienic conditions and
having more nutritive value and the women inmates engaged in cooking and
packing of food are getting wages. Creches/Balwari are being operated for
children in association with NGOs Mahila Pratiraksha Mandal and Navjyoti Delhi
Police Foundation. The main objective is to give them pre-nursery education and
all round development through plays, rhymes, games etc. so as to stimulate their
physical,mentaland social ability.

All the children are vaccinated and properly checked at the jail dispensary. Vital
part of creche has been to provide nutritious food to the children. Apart from meals,
kids are provided one fruit and 750 gms. of milk daily. Children are frequently taken
to picnic for their recreation and development. Some children of the inmates have
been admitted in various Govt. Cottage homes/Schools with the help of N.G.O's. It
is their endeavour to give the children the best of what their childhood deserves.

Technological Advancement and Modernisation

T.V. sets have been provided in all the wards of the jails.

Close Circuit Television Cameras have been installed in the Jails. High Mast Lights
(HML) have been installed in the Jail Complexes. All the jails are on stand by
generators for regular power supply. Cable TV network has been commissioned in
the jails for educational facilities, recreation and disaster management.

All the kitchens of Tihar Jails are using LPG as fuel for decade. Telephone, Public
Address System and Intercom facilities have been provided connecting all the
important units of Prison Administration.

Segregation

Though shortage of space is a major constraint in segregating prisoners as per

various needs, one laudable achievement of the last 4 years has been the creation
of a Mulahiza Ward meant for prisoners admitted for the first time in non-
professional offences for a period of upto six months. These prisoners are confined
to this ward and have very little occasion of mixing with hardened and other
criminals. Experience has shown that about 95% of these prisoners go out on bails
or otherwise within 3 months of their admission from the Mulahiza Ward. The Jail
Administration also takes all steps to segregate prisoners in conformity with the law
and to ensure that newly admitted casual prisoners do not come in contact with the
hardened prisoners even beyond the Mulahiza Ward to the extent possible.

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Hardened prisoners are lodged in high security enclosures created in each jail.
Total segregation of adolescent and adult prisoners is maintained with the creation
of Central Jail No. 5 for them. Convicts and undertrial prisoners are lodged
separately.

Delhi jail administration however does not take social status into consideration for
classification of prisoners. Delhi was the first state in India to abolish prisoner's
classification on the basis of social status.

Specific features of Tihar

Correctional programmes in prisons in nearly all parts of the globe show a

significant trend towards specialization, diversification and experimentation.
Another important trend is the substitution of the individualized treatment to
prisoners based on their reformative requirements for the earlier doctrine of equal
punishment for same crime. The third major trend in prison administration involves
an attempt to reduce the social barrier between inmates of the correctional
institutions and the civilian community. There is also increasing interest in the
possibility that the society or groups of prisoners can be utilised for therapeutic
purposes. Group therapeutic and other devices aimed at increasing inmates
participation in the routine affairs of prison administration are designed to reduce
the barrier between the society and the administrative policy and to give the
inmates desired degree of self-esteem and confidence.

Tihar Prisons have a history of reformation programmes in tune with the current
correctional philosophy. Education, Cultural activities, Vocational activities and
Moral Education etc. have been going on in Tihar Jails for a long time as a part of
the efforts of the Prison Administration for reformation of the prisoners. In the last
five years the process has accelerated and received world wide attention. The
reformation package tried out by the Delhi Prison Administration is popularly
termed as "New Delhi correctional model", the basic characteristics of which
are:

i. Bringing the community into the prison,

j. Formation of a self-sufficient community of prisoners,
k. Participative management.

This model strikes a balance between the approaches of "Privatization of Prison

administration" and the "Half way houses". The New Delhi correctional Model has
been presented and discussed in Crime Prevention and Criminal Justice Branch at
UNO, Vienna and other international and national conferences. It has been deeply
appreciated.

Tihar Jail Complex in New Delhi is one of the largest prison complexes in the
world. It comprises of six prisons in the Tihar Complex with a total population of
around 12,732 prisoners against a sanction capacity of 3,637 prisoners. In a year

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about 50,000-60,000 prisoners remain lodged in these six prisons for different
duration. This prison population has about 80% undertrials and includes about 562
women prisoners with about 44 children below 6 years of age dependent upon
them. About 310 prisoners are foreigners.

Reformation and Rehabilitation Measures Taken:

Recreational Facilities

The prisoner's participation in games and sports activities within the prisons took a
big jump with the organization of inter-ward and inter-jail competitions twice a year
for the last over five years. In all the prisons, sports like volleyball, cricket,
basketball, kho-kho, kabbaddi, chess, carom etc. are organised during winter
sports festivals, which are popularly known in the jail as "Tihar Olympics". Inter jail
cultural meets titled "Ethnic Tihar" are held during spring season every year in
which competitions in music, dance, sher-o-shairi, quawali, painting, quiz etc. are
organised for inmates.

Eminent personalities from the field of sports and culture are invited on these
occasions to encourage the prisoners to take part in the sports and cultural events,
to foster their physical, mental and cultural development and inculcate discipline.
Celebrities like famous actors Sh. Shatrughan Sinha, Ms. Shabana Azmi, famous
ghazal singer Sh. Pankaj Udhas, noted Odissi dancer Mrs. Sonal Man Singh,
Eminent Music exponent Ustad Amjad Ali Khan, Cricketer Sh. Ajay Jadeja are
amongst those who have entertained inmates during last, one year with their art.

106
Premiere of Jaspal Bhatti's feature film " Mahaul Theek Hai" was held in Central
Jail No.3. These efforts have gone a long way in channel sing the energy of the
prisoners towards a positive direction.

All Religious and National festivals are celebrated by one and all inside the
prisons. On Republic Day and Independence Day National Flag is hoisted in all the
prisons. All religious festivals like Holi, Diwali, Id, Guru Parv, X-mas etc. are
celebrated by one and all. On Rakshbandhan Day sisters/ brothers are allowed to
meet the inmates and tie Rakhies. Sweets are prepared inside the prisons and
sold to the visitors. This is a big occasion which helps the jail administration to
convey to the prisoners that "We Care".

Educational Facilities

Both adult and formal education arrangements have been made for prisoners.
Educational activities are looked after with the help of Government resources as
well as NGO's participation. Study Centres of the Indira Gandhi National Open
University (IGNOU), New Delhi and National Open School (NOS), Delhi are
established at Tihar Prisons in which about 520 and 250 inmates students are
enrolled respectively. Computer training centres are also working in the Prisons for
imparting computer education to the prisoners.

The most important aspect of the education system in Tihar Jail is that educated
prisoners voluntarily teach less educated prisoners. An illiterate person landing in
Tihar Jail can look forward to being literate if his stay is more than a week. Library
with the support of non-governmental organisations has been created in each jail.
Capsule computer courses of six months duration are provided to the willing and
eligible inmates with the help of NGO Sterlite Foundation.

Many new courses like Bachelor/Diploma/Cerificate/ Masters in Tourism,

Management, Computers, Education had started in last session.

Vocational classes in English/Hindi typing and Commercial Arts are conducted by

Directorate of Training & Technical Education and certificates are issued to
successful students.

For spreading the Gandhian Philosophy, a Gandhi Centre has been established by
Gandhi Smriti and Darshan Samiti, Government of India at IGNOU ward. More
than 500 books on Gandhian philosophy were added to the library. Some of the
inmates who joined the path of 'Reformation through Education' have been
sucessfully rehabilitated.
Expenditure on fees for IGNOU / NOS courses is borne by the Government. Study
material like note-books, pens etc. is also being provided free of cost to inmate
students.
Many dignitaries including Chief Minister, Ministers, Director / Inspector General of
various prisons, Judges, Vice-Chancellor of IGNOU, Chairman NHRC, Media

107
persons and NGOs of International organisations had visited the centre during last
one year and have appreciated the efforts of jail administration.

Panchayat System and Participative Management

Prisoners are encouraged to participate in the management of their welfare

activities. Sense of responsibility is inculcated in the prisoners to prepare them for
social integration. Prisoners bodies called "Panchayats" are constituted to help
prison administration in the field of education, vocational education, legal
counselling, kitchen, public works etc. On 25th May, 2002, a Mahapanchayat was
organised in Central Jail No.1, in which panchayat members of all Tihar Prisons
participated along with about 2000 prisoners of Central Jail No.1 to discuss
problems of prisoners. The Mahapanchayat was an open meeting of prisoners
taken by DG (Prisons) and it was held in the presence of electronic and print
media. This was 8th such Annual Mahapanchayat held in Tihar Prisons and
perhaps has no such parallel any where being unique in itself. This gives an
opportunity to all the prisoners to air their grievances before the head of the
Prisons Administration i.e. "The Sarpanch". All such suggestions/Grievances are
sympathetically heard and immediate redressal actions are initiated. Besides
giving the prisoners a sense of pride it also helps in letting the steam off which may
otherwise lead to serious consequences, if allowed to accumulate. The prisons
look like a self-contained Indian village where the prisoners themselves regulate
their welfare activities under the guidance of prison officials. The prisoners
themselves manage prisoner welfare canteens.

Rehabilitation

The study of the problems faced by the prisoners after release and the reasons for
committing crime guided Tihar Jail Admin. to initiate steps, which can go a long
way in rehabilitating the prisoners after their release. Various trades are taught to
convicts in the Jail Factory itself in Jail No. 2. In addition a programme for teaching
various trades was started in other jails also both for convicts as well as under-
trials. This programme includes pen manufacturing, book binding, manure making,
screen printing, envelope making, tailoring and cutting, shoe-making etc. which
has not only resulted in learning a trade but also provided monetary gains to the
prisoners. For the post-release rehabilitation of the prisoners, the Social Welfare
Department of Delhi Govt. provides loans for setting up self-employed units.

Yoga and Meditation

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For cleansing and disciplining mind, Yoga and meditation classes were started in a
big way with the help of various voluntary organisations. Tihar Jail created a history
by organising a Vipassana Meditation camp for more than one thousand prisoners.
Since then a permanent Vipassana center has been opened in Tihar Jail No.4,
where two courses of ten days duration are organised regularly. Sh. Satya Narain
Goenka, teacher of Vipassana, inaugurated "Pagodas" meditation cells in the
center. Staff members are also encouraged, to attend meditation courses.
Meditation groups like Brahma Kumari Ishwariya Vishvavidyalaya, Divya Jyoti
Jagriti Sansthan, Sahaj Yoga Kendra have also opened their branches in Jails for
imparting moral education, counselling and techniques of meditation to the
prisoners. This has helped many prisoners in changing the whole approach to life.

Legal Aid

Legal Aid Cells exist in every Jail with facilities for drafting, typing and dealing with
bail applications, misc. application, appeals, revision etc. on behalf of the Jail
inmates. With the increase in prison population to about 11,000 the demand for
legal aid and advice has increased considerably. Majority of prisoners belong to
economically poor class and are not in a position to avail the services of expensive
lawyers.
There is a Legal Panchayat system in all the jails, where the educated and law
professional cater to the legal aid requirements of their fellow prisoners in drafting
petitions, revision and appeal applications. All these efforts have shown
encouraging results.
Legal Experts periodically visit the tihar Jails and interact with prisoners and help
them in preparation and filing of their appeals, petitions etc.

Special Courts/Lok Adalats

In pursuance to the letter of Hon'ble Chief Justice of India in which suggestion was
given to the Chief Justices of all High Courts that every Chief Metropolitan
Magistrate of the area may hold his court once or twice in a month in jail to take up
the cases of those undertrials who are involved in petty offences and are keen to
confess their guilt, special Lok Adalats were organised in the Jail complex.

New Prison Act & Jail Manual

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A new Prison Act and revised Jail Manual are under the notification by the
Government. With the introduction of the new legislation with modern concepts of
Prison Management, the jail functioning will be strengthened and reformation
activities will get a boost. The New Prison Act will formalize and institutionalize the
participation of NGOs in Prison Management.

Creative Art Therapy

Creative Art Therapy, which is psycho-therapeutic in nature, is used in several

settings. In respect to prison setting, the therapy serves as a reformatory process
in several ways. Firstly and most importantly, it helps to express, channelise and
ventilate himself. One has to keep in mind that anyone convicted or otherwise
exiled from the rest of the world is initially bound to have tremendous anger,
aggression, sense of helplessness, hopelessness and emotional problems.
Therefore, by encouraging and promoting Creative Art, the individual is able to
release his pent up emotions and realize his worth as 'self' having a positive desire
of improving himself both consciously and unconsciously.

A painting exhibition by adolescent prisoners was organized at Triveni Kala

Sangam and paintings worth Rs.1,00,000/- were sold out. Greeting Cards based
on these paintings worth about Rs.1,00,000/- were also sold during last year.
A Website is launched on 02nd Oct., 2000 by Honourable Chief Minister of Delhi
for on line selling of paintings made by inmates, address:-
http://softronindia.com/expressionstihar

System of Parole

Parole is granted to the convicts whose appeal against conviction has been
decided by the appellate court. There is no restriction on a convict about the
number of times he applied for parole. The parole is generally granted on the
grounds of sickness, death, marriage, property dispute, education or any other
sufficient reasons. This is granted by the Hon'ble Lt.Governor, Govt. of NCT of
Delhi. The parole is not admissible to the convict undergoing sentence in the
NDPS cases. The period of parole is counted towards the total sentence of a
prisoner.

System of Interviews

Each prisoner is allowed to hold two interviews per week with his relations/friends.
The interviews are generally permitted in the "Mulaquat Jungla" of a jail which is
near the Deodhi. The duration of each interview is 30 minutes. The interviews are
conducted as per the first name alphabet of a prisoner and these are so arranged
so that each alphabet has two days earmarked in a week. The interviews of sick
prisoners are allowed either at the hospital or deodhi. Each prisoner is normally
permitted three visitors per interview. During the interview, a prisoner is allowed to

110
receive vegetarian food, fruits and clothes. He is further allowed to receive
coupons worth Rs.250/- per interview. In addition, prisoners are entitled to receive
interviews from his legal advisor on working days.

Ventilation of Grievances

A prisoner grievance cell is working effectively under the charge of Petition

Officer and immediate remedial steps are taken on the complaint/grievances of
the prisoners. Prisoners have been provided facilities to write complaints and send
them to senior officers either through fixed complaint boxes located at convenient
places in the jails or even through the mobile petition box meant for petitions
addressed to D.G./Addl. I.G. (Prisons), which is taken to all the enclosures in the
Jails everyday. Petition boxes are taken in the jails by the staff deployed at the
prison head quarters and the key of the boxes are handled by the office of the
D.G./Addl. I.G. (Prisons). Jail Superintendent, Deputy Superintendent and even
senior officers have frequent meetings with the prisoners openly where prisoner
grievances are listened carefully and solutions provided.

Societal Participation in Reformation

As a part of community participation in the reformation and social integration of

prisoners after release, a large number of respectable members of non-
Governmental organisations, Retired Major General, Professor I.I.T. Delhi,
Eminent Psychiatrist, Psychologist, Principals and Teachers of various educational
institutions have been conducting various activities in the Prisons. These NGOs
have had very sobering and positive impact on the psyche of the prisoners, who
have been shown the positive and constructive approach to life after interaction
with them. NGOs participation is mainly concentrated in the field of education,
vocation and counseling. Apart from the formal education with the NGO support,
the classes in various languages like Urdu, Punjabi, German, French etc. are also
held. Some of the NGOs have trained selected prisoners on various trades and
have been bringing job for them against payment of remuneration. These prisoners
are also rehabilitated by them after their release

Associates in Reformation of Convicts In Tihar

1. AASRA's Therapeutic Communities for Rehabilitation of Drug

Addicts.
2. AIDS Awareness Group.
3. Apradh Mukti.
4. CASP
5. Concerned Women.
6. Delhi Davakhana.
7. Delhi Public Library.
8. Divya Jyoti Jagrati Sansthan.

111
 9. Gandhi Samriti & Darshan Samiti.
10. Hope Foundation.
11. Indira Gandhi National Open University.
12. Indian Library Association.
13. Laymen Egangelical Fellowship.
14. The Leprosy Mission.
15. Life Eternal Trust.
16. Lions Club, Delhi.
17. Mahila Partiraksha Mandal.
18. Mahima Church.
19. Mother Theresa's Home.
20. Navjyoti Delhi Police Foundation.
21. Nirantar (A Centre for Women & Education).
22. National Open School.
23. Prajapita Brahma Kumaris Ishwariya Vishwa Vidyalaya.
24. Prison Fellowship India (Delhi Branch).
25. Ritinjali.
26. Sawan Kirpal Ruhani Mission.
27. Scope Plus.
28. SSSMILE Fellowship.
29. Sterlite Foundation.
30. Tabligh Hazrat Nizamuddin.
31. The Family.
32. Universal Vision of India.
33. Urdu and Arabic Teaching Academy.
34. Venu Eye Institute.
35. Vidyajyoti.
36. Vipassana.
37. Vyakti Vikas Sansthan.

Citizen’s Charter of Tihar Jail

1. GENERAL Tihar Jail is the largest prison of South East Asia and is spread over
an area of 400 acres. It is located near Lajwanti Chowk, Janak Puri, New Delhi-
110064,in the western part of New Delhi. Distance wise, it is about 8 Kms. from
Chanakya Puri, the diplomatic area.

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2. LODGING OF PRISONERS There are Six prisons located in Tihar Jail Complex
with a sanctioned capacity of 3637 prisoners. Presently, there are about 11000
prisoners lodged in various prisons out of which 8650 are Under Trails, 1926
Convicts and 49 deteneus including 461 women and 305 foreign nationals. There
are 70 children of 0-6 years are also lodged with their mothers. More than 80 %
prisoners are undertrails. There are Six prisons in the complex known as Prison
Number 1, 2, 3, 4, 5 & 6A .The lodging arrangement in various prisons is according
to the first alphabet of their name. One striking feature of Tihar Prisons is that 90%
of the prisoners are awaiting their trials in various courts, only 10% population of
the prisoners are convicts. The lodging arrangements of various prisoners is as
under-

All prisoner whose name start with 'S'&'T', Blood Relation and
Jail No.1:
Drug Addicts.
Jail No.2: All convicts and under trials whose name start with K & Q.
All prisoners whose name start with alphabet A, B, C, D, E, G, H,
Jail No.3:
I, V, W, X, Y.
All prisoners whose name start with F, J, L, M , N, O, P, R, U and
Jail No.4:
Z.
Jail No.5: All adolescent prisoners group 18-20 yrs.
Jail No.6A: All Female Prisoners.

As per Delhi Jail Manual, D. G. (Prisons) is empowered to change the above

arrangement patterns any time.

INTERVIEW WITH PRISONERS The Days of interviews for various categories of

prisoners basing on the first alphabet of their names are as under

JAIL
NO./ 1 2 3 4 5 6A
DAYS
A, B, C. D,
B, C, V,
A to Z E, G, H, I, J,
A to M X,Y & High
MON. S and T except M & K, L, M, U, A to M
(CTs) Security
R V, W, X, Y &
Prisoners
Z
All Convicts,
F, N, O, P,
Drug Addicts, A to Z
Q, R, S, T &
High Security (UTs), Spl. D, E, G, H,
TUES. R High N to Z
Prisoners, Security I & Others
Security
Blood Relative Prisoners
Prisoners
Prisoners
WED. S&T N to Z A, B, C, V A to N and A, B, C, D, NO

113
 (CTs) & Others Spl. E, G, I & V INTER
Security VIEW
Prisoners S
D, G, H, I,
All Convicts J, K, L, M,
X, Y & High
THU. High Security All Convicts R U, W, X, Y & A to M
Security
Prisoners Z
Prisoners
F, N, O, P,
A to Z M to Z
Drug Addicts, Q, R, S, T &
(UTs), Spl. A and except Spl.
FRI. Blood Relative High N to Z
Security Others Security
Prisoners Security
Prisoners Prisoners
Prisoners

Each prisoner can have two interviews with maximum three relatives or close
friends every week for a duration of 30 minutes during morning time from 8.00 AM
to 12.00 noon. For the convenience of the visiting public, an officer in the rank of
Assistant Superintendent Designated as PRO is deputed outside each prison to
guide the public coming for Interviews with the prisoners. The Interviews are not
held on Saturday, Sundays and Gazetted holidays.

4. ENQUIRY CENTRE
There is a Computerized Enquiry Centre in front Jail No.1 in Which the names of
all the incoming prisoners are recorded. There is a PRO (Central) who guides the
public about the Prison No. etc. in which their relatives or friends are lodged.

5. LEGAL INTERVIEWS
The advocates can meet prisoners for legal. interviews between 4.00 PM to 5.30
PM on any working day except Saturday, Sunday and Gazetted holidays. The
advocate has to bring his Identity Card and power of attorney duly signed by the
prisoner and attested by Jail Gazetted Officer or Magistrate.

6. SPECIAL INTERVIEW FACILITY FOR FOREIGN INMATES

Special facility is provided to foreigner under-trials and prisoners to have interviews
with their Diplomatic Staff on any working day (Monday to Friday) between 4.00
PM. to 5.00 PM. Such interviews are normally held in the office of Deputy
Superintendent of the Jail at the entrance of the Jail. In case of their relatives
coming to meet them. special Interviews are arranged with the permission of the
Jail Superintendent on the above days and timings. This is a Special facility
provided only to foreigner prisoners.

7. FOODSTUFF WHICH CAN BE PROVIDED DURING INTERVIEWS

Only one cooked vegetarian meal ( which has to be consumed in the earmarked
room) can be supplied to the prisoners. Besides this any fruit (12 Nos. or 2 Kgs.
whichever is less) could also be given at the time of interview.

8. FACILITIES PROVIDED INSIDE THE PRISON

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Minimum necessary bedding like bed sheet. durries, blanket and equipment like
Plate, Glass etc. are provided to all prisoners from jail concerned. Breakfast, food
(twice), tea (twice) and safe drinking water are also provided. Those who want to
have mineral water can purchase the same from the canteen on payment.
Maximum four sets of private clothing are allowed. Jeans and Ankle type sports
shoes are not permitted inside the prisons. Other private clothing may be allowed
only after the permission of the Superintendent of the Jail. Free washing facility is
provided for cleaning of clothes to all prisoners.

9. PROHIBITED ARTICLES
The articles like Tobacco, Bidi, Cigarette or any other drug or narcotics are strictly
prohibited in the jails. Besides this no arms, ammunition, explosives, cell phones.
wireless sets, pagers etc. are permitted. Cash and valuables are also not permitted
inside the prisons instead coupon system is prevailing for making purchases from
Prisoners. Welfare Canteens inside the prisons. At a time coupons worth Rs.250/-
can be given to the prisoners by their relatives/ friends at the time of interview.

10. CULTURAL, EDUCATIONAL AND RECREATIONAL ACTIVITIES

Other activities for prisoners are recreations, sports, yoga, mediation, adult
education, library, computer learning facility, vocational training, embroidery and
sewing etc. in female ward. Educational classes are held for various courses under
aegis of Indira Gandhi National Open University and National Open School for
various courses like MBA, MA, BA, professional courses and other school courses.
Teaching classes are undertaken by professional teachers as well qualified and
educated prisoners.

11. MEDICAL FACILITIES

Each jail is provided with a Medical Investigation room with 6 to 8 beds, which is
headed by a Senior Medical Officer, who in turn is assisted by number of junior
doctors round the clock. In case of Serious ailment/illness there is a full fledged
Hospital in Jail No.3 headed by a senior Medical Officer. There is a Senior

115
Resident Medical Officer for overall supervision. In case of very serious
ailment/medical emergency, prisoners patients are referred to outside specialized
hospitals like R.M.L Hospital, L.N.J.P.N Hospital, R.B. T.B Hospital. A.I.I.M.S and
even to private hospitals like Apollo Hospital. All patient prisoners are treated free
of cost at the expense of the State. Ambulances have also been provided to each
jail besides jail hospital for quick transportation of patient prisoners to outside
hospital for treatment.

12. REDRESSAL OF GRIEVANCES

A sealed mobile petition box is circulated in ill! the jails by a special messenger of
Prison Headquarters to collect the petitions and suggestions of the prisoners.
Prompt remedial action is taken on the petitions/grieval1ces of the prisoners.
Sealed boxes are also fixed in prisons in which complaints can be dropped by
prisoners which are perused by visiting Judges. Free legal aid is also available to
prisoners in the jails.

13. Tihar Jail is a classless jail where no segregation is done on basis of economic
status. However, segregation is done for the first time offenders, who are lodged in
a separate ward in each jail for a period of at least 3 months. In this way, the prison
Administration provides the correctional measures, well being and rehabilitation of
the prisoners.

Statistical Status of Tihar Jail, New Delhi

Prison Statistics & Classification of Prison Population

Total Capacity Prison Population

Male Female Total Male Female Total
3237 400 3637 12170 562 12732

Male Female
Convicts 2332 123
Undertrials 9780 438
Others 58 01
Total 12170 562
TOTAL 12732

Age wise Classification of Prisoners

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 Male Female
18-21 years 1620 10
21-30 years 7034 210
30-50 years 3076 267
50 -65 Years 360 49
65 and above 80 26
Total 12170 562
TOTAL 12732

Foreign Prisoners

Male Female
Convicts 48 03
Undertrials 232 14
Others 13 0
Total 293 17
TOTAL 310

Classification of Undertrials as per the Length of stay in Jail

PERIOD Male Female

Upto 01 month 1912 36
01 – 03 months 1998 49
03 – 06 months 1883 97
06 – 12 months 1478 128
12 – 24 months 1429 47
24 – 36 months 694 49
36 – 48 months 226 29
48 – 60 months 92 2
Above 60 months 68 1
Total 9780 438
TOTAL 10218

Classification of Convict Prisoners as per term of imprisonment

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PERIOD Male Female
Upto 01 month 93 0
01 – 03 months 57 1
03 – 06 months 92 1
06 – 12 months 76 0
01 – 02 years 127 1
02 – 05years 277 03
05 – 10 years 618 49
Above 10 years 64 1
Life/Death sentence 928 67
Total 2332 123
TOTAL 2455

*************************

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 CHAPTER - VII

The Status of Model Jail, Lucknow,

Uttar Pradesh

119
 CHAPTER – VII

The Status of Model Jail, Lucknow, Uttar Pradesh

History and System of Model Jail, Lucknow

A new era of correctional reformation of prisoners began in Uttar Pradesh when

the Lucknow central Jail was converted into Model Prison vide G.O. No. 1521/XXII-
1714 (25)-1947 dated May 12, 1949. The present Model jail structure came into
existence in1949. The concept of generating self respect among prisoners ,
providing them training in various vocational traders, with a view to equipping
them for economic rehabilitation and tuning them into law abiding citizens were
highlighted in the establishment of Model Prison, under G.O. No. 1907/XII/1714
(26)-1947 dated September 2, 1949, the Government of U.P. gave the following
directive:

“The Model Prison shall be developed on the lines of a self-sufficient colony with
environment and working as similar to the outside world as possible. The inmates
shall have perfect freedom to think and shape their lives as they like, taking only as
much help as they choose from the officers who are to be their guide, friends and
philosophers.”

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Transfer of Prisoners to Model Prison

The selection and transfer of prisoners to Model Prison shall be made

amongst the state class prisoners only and they shall transferred to Model
Prison when they fulfill the following conditions:
(1) He has been observed in a central prison for at least six months.
(2) He is medically fit for hard labour
(3) He is neither above 40 years of age nor a juvenile below 21 years.
(4) His record in jail exemplary
(5) He has a home with strong family tie.

The senior superintendent of a central prison shall send a list in duplicate of all
eligible prisoners who fulfill the aforesaid conditions to the Senior Superintendent,
Model Prison for selection of suitable prisoners for wages schemes. Final orders
for transfer of such prisoners shall be made by the Director General of Prisons,
Lucknow. Any other information desired by the Senior Superintendent, Model
Prison shall also be supplied to him. However, the Senior Superintendent, Model
Prison shall also be entitled for screening of the suitable prisoner from central
prisons at his own instance.

Discipline and Night Watch

Prisoners of the Model Prison, Lucknow should be given increasing freedom and
their watch and ward reduced gradually in the following manner :-
(1) When a prisoner is received in Model Prison he should be kept under watch
and ward of Convict Officers (Co’s) and C.N.Ws so long as he is not absorbed
in the wages scheme.
(2) When a prisoner is absorbed in the wages scheme no prison officer-c.n.w, c.o.
or c.w. should be kept to watch him while he is at work or at rest.
(3) When a prisoner becomes self-sufficient he should be allowed to sleep outside
the barrack without watch and ward of convict officers.

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(4) The prisoners of wages scheme at Model Prison, Lucknow who work at jail
agriculture Farm (Now it has given to the govt. for Rally Place) now they work in
sugarcane farm. Previously in Agriculture Farm prisoners were staying there
day and night without watch and ward. They were reporting their attendance at
unlocking and lock-up to jailor in charge of Ganga Bhawan. However the
deputy jailor in charge was maintaining a locking and unlocking register at farm
colony and report the entries daily to jailor of the model prison.
(5) No prisoner shall leave the premises without previous sanction by a competent

authority nominated by the

superintendent.

Eligibility to work outside the prison

Only those prisoners who fulfill the following conditions may be allowed to work
outside the jail :-
(a) He has given ten satiates from amongst the convicts who have become self-
sufficient.
(b) He has got family ties.
(c) He himself become self-sufficient inside the jail but this condition may be
waived in case of the present population for six months or one year as the case
may be to avoid initial difficulties which may otherwise come in the way.
(d) His conduct record in the jail is good.

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(e) If eligible for release under Probation Act, he has completed half of the five
years or 1/3 sentence including remission, which ever is less in the scheme.
(f) If in eligible release on probation he has at least served five years or half of the
sentence including remission which ever is less.

Objective of Model Prison

The establishment of Model Prison, Lucknow as a new and novel scheme that
aimed at developing a self-sufficient colony, with an environment and living, as
similar to the world outside, as possible, where the convicts can earn wages, paid
the cost of their living and administration back to state, and earned the highest
privilege of living and moving freely outside the jail without any watch and ward by
the day and night, could well be placed as culmination of the initial efforts of
scientific research in the correctional field in Uttar Pradesh.

Administrative Functioning

To facilitate proper screening and progressive training, the jail is divided into three
parts, the reception centre (Swagat Bhawan), Jamuna Bhawan and Ganga
Bhawan. Swagat Bhawan is first stage of scheme and newly admitted prisoners
are placed here under watch. The kinds of training imparted here are (a) Adult
Education, (b) Convict teacher’s training (c) Nursing orderlies training. Adult
education is divided into general education and vocational training. Half of the day
is devoted to general education while other half is spent on vocational training. The
duration of this programme is six months. General education is imparted in
agriculture, cooking, social education, animal husbandary, co-operation,
panchayat, physical training and cultural activities. Vocational training is imparted
in cloth weaving, book-binding and chair weaving. At the end of the session, an
overall assessment is made by the board consisting of superintendent, circle jailor,
teachers and medical superintendent. The board also takes into consideration the
case history of each inmate, record of his conduct and behaviour in the jail.

On successful completion of adult education course, the inmates are transferred to

next stage of the scheme which is Jamuna Bhawan. If the conduct and progress is
found unsatisfactory, he is sent back to jail from which he is received. A well-
behaved but unsuccessful inmates may be engaged on essential jail services.

The convicts who have passed High School are selected for convict teachers
training course. It’s duration is three months. The standard of training is equivalent
to that of a primary teacher teachers course. The subjects are similar to these
meant for adult education, with the exclusion of hindi and maths. After completion
of training nominal rolls of the convict teachers are forwarded to Inspector General
of Prisons, who sanction their transfer to jails where their services are required.

The duration of nursing orderlies training is six months. Theoretical and practical
training are imparted for three months each. The subject include hygiene, home-

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making, first aid and physiology. The theoretical and practical training are given in
hospital enclosure under the guidance of Medical Superintendent of the jail. Under
the orders of the Inspector General, prisons they are transferred to different jails for
employment in jail hospitals.

The prisoners who are literate and have working knowledge of some trade, may be
sent directly to Jamuna Bhawan. Assessment of conduct and progress of the latter
class of prisoners can be done in Jamuna Bhawan. In Jamuna Bhawan the
security is relaxed. Here the trade learnt by the inmate is thoroughly practised to
gain proficiency so that it may earn to pay to government, his maintenance
charges and save a little for his personal expenditure and needs.

The duration of training in Jamuna Bhawan ranges from six months to one year
during which it is also observed that whether the inmate is suitable for absorption
in Ganga Bhawan or not. When the authorities are satisfied that he has attained
that degree of proficiency in his trade, as would enable him to earn sufficiently to
pay his maintenance charges and accrual of reasonable amount of saving to his
credit, then he sent to the third stage of the scheme, ganga bhawan. So far jamuna
bhawan is essential for as it provides facilities for separating the trained and
literate prisoners from the learners in swagat bhawan and for allotting them fixed
work and thereby measuring their ability for such work.

Ganga bhawan is the Model Prison proper. It is the embodiment of a self

supporting colony with maximum freedom and minimum supervision. A circle jailor
acts as a guide to inmates who are self-supporting. The relieve the state of burden
of cost off their living during their stay in jail. They utilise their savings in buying
necessary articles for themselves, as well as , sending remittance to their families.

Newly admitted prisoners are at first locked up in barracks. After some time, they
are allowed to sleep at night in open barracks and during summer, outside the
barracks. During the day and night they are allowed to work on trades in shifts or
otherwise.

Industrial Sector

Following industries are established in Model Prison scheme.

Powerloom Industry

At present 30 powerloom machines are available for weaving cotton clothes. Do-
sutti cotton cloth are manufactured here and supplied to central jail, fatehgarh for
tent industry. Prisoner’s chaddar and gamcha are manufactured here. Cotton
clothes are supplied to district jail, unnao for manufacturing prisoner’s clothing.

Hand Made Paper Industry

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Old and waste cotton clothes, newspaper etc. obtained from different jails are used
as raw material for this industry. Different items like register, file covers, slip book
and plain papers are manufactured and supplied to different jails in U.P. as the raw
material is obtained free of cost the hand made papers are quite cheap and
durable.

Tailoring Industry

This industry is being utilised for stiching warders uniform, prisoner’s clothing,
chadder, kurta, payajama, cap etc.

Printing Press

Printing press has been established in 1991-92. Only Offset printing press is
available in the model prison. Printing press is being utilised for printing different
items as per demands from various jails. The prisoners working in the printing
press gets Rs. 30/- per thousand impressions.

Electrician Training

Prisoners are trained in the trade of Electrician. The unskilled prisoner gets Rs.
10/- per day wages.

The contribution of prisoner’s against their maintenance to the jail is Rs. 6.50/-.
This interesting experiment not one marks a positive advance in the realm of
penology but also makes a significant contribution to the public funds. The idea of
prisoner maintaining himself in the jail is novel. It costs nearly Rs. 16.50/- per
annum to the tax payer to maintain a prisoner in jail and it is a great thing to relieve
him of this burden.

The saving effect through this method as followed

S.No Year Maintenance charges paid by the

prisoners
1. 1999-2000 2,66,146.00
2. 2000-2001 1,88,436.00
3. 2001-2002 2,07,600.00
4. 2002-2003 1,47,979.00

Production in Rupees

Industry 1999- 2000-2001 2001-2002 2002-2003

2000
Powerloom 23,46,297 49,15,704 38,48,876 50,97,991
Tailoring 17,93,040 14,04,693 13,04,308 11,48,537
Hand made Paper 1,75,708 1,94,440 1,24,607 86,041

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Printing Press 1,56,467 2,43,584 3,91,610 5,96,351
Masala 3,50,837 4,27,824 3,35,886 1,42,670
Others 15,838 6,560 18,284 52,272
Total 48,38,188 71,92,807 60,17,573 71,24,084

Agricultural Sector :-

Adjoining the jail premises on the south side there was fifty acres jail farm which is
now converted into Ambedkar Rally Sathal. In the beginning the prisoners were
allowed to work on the outside farm in the day time only. Gradually they are
allowed to work and stay there both day and night without watch and ward.
Prisoners constructed their huts for living by themselves only.

The main feature of the model prison has been the wages scheme wherein every
inmate has to pay all expenses (maintenance cost) incurred on him by the state.
All investments in his trade or agriculture was initially made by the state and
annually recovered from his earning. This scheme always lacked funds because
the earnings and profits become the money of the prisoner and the investment
could not come from the total annual earnings of the prisoner. This scheme

126
required huge funds which could not be had from state. At this stage it was thought
that the funds be had from other agencies like state bank. But the bank authorities
expressed inability to give finance unless it was a co-operative society. When the
registrar co-operative society was approached who under then existing rule of the
society refused to register it as prisoners could not become member of the
society. At this juncture the bye-laws were amended vide notification no. 3837/c-1-
7(7)/75 dated 29th october,1975. The 22nd novemcer, 1975 was a great day for
model prison when Adarsh Karagar Sewa Samiti Limited was registered.

State bank of India came forward and advanced loan for a tractor, pumpset and
other agricultural equipment. Now the entire loan has been repaid off to financing
bank and society is fully self-sufficient. The jail department has now given a tractor
and sanctioned a tube-well.
This is a landmark in the history of prisoner’s welfare scheme in Uttar Pradesh.

Recently the state Government taken it and build a Rally Place without making any
arrangements for the prisoners.

Self Employment Scheme :-

Some shops have been constructed by the Department of Jail adjoining the
premises of Sampurnanand Jail Training Institute and give to prisoners of Model
Jail to run according to their choice. At present following shops are being run by
the prisoners :-
1. Tailoring Shop
2. Shoe Maker shop
3. Sasherman’s shop
4. Barber’s shop
5. Cycle repair shop
6. Betal shop
7. Tea stall
Prisoners are allowed to work on shops in the day time only without watch and
ward.

Prisoners on Hire

At present forty prisoners of Model Jail are employed by the Indian Sugarcane
Research Institute, Lucknow on the daily wages basis. The prisoners working in
the institute were entitled to get Rs. 72.60 per day and bonus also which is now
increased to Rs. 96 per day.

Nature and Status

Model prison is a least security prison. Here the security of the prisoners is
being relaxed in stages and ultimately it is reduced to minimum. Therefore,

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model prison is a semi –open prison. The model prison shall have status of a
central prison vide g.o. no 1521/XII-1714 (25)/1947 dated may 12, 1949.

Suggestions

The status and working conditions of the prisoners residing jail farm colony outside
is exactly identical to that of a prisoner in camps. They get all the benefits from
state like home leave, residing with their family etc. except the remission at par
with a prisoner in camps. Therefore it is humbly suggested that the prisoner
residing in jail farm colony should be allowed the remission facility at like prisoner
in the camps.

Some Reformation , Correctional and Recreational Activities

undertaken into the Model Jail
An Unique Experiment “ Roshni ki Delheez”

Living between the walls of guilt and isolation” Roshni ki Delheez” means open
meeting with the other side of life shown through the medium of Play of convicted
persons. This unique experiment has been tested in the Rai Uma Bali Auditorium,
Lucknow with the help of an NGO “ Yavayar Rang Mandal” between 6 to 10
August 2001. In front of the general public 40 prisoners presented cultural
programmes. The prisoners presented writing skills, acting, story writing , poetry,
patriotic songs, qwali and handicrafts in the auditorium.
To enhance the capacity of prisoners talents and expressions a 40 days
workshop was arranged by Yavayar organization for the rehearsal of prisoners at
Adarsh Karagar, Lucknow.

Play written by a convict Babu Lal named “ Jiski Lathi Uski Bhais” – which shows
the real picture of society honored by Hon’ble Governor ( Chief Guest) Justice
Brigesh Kumar and Audience.

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Introduction of Panchyat System in Prison Management:

Participation of convicts in prison management- on 13 Feb 2001 convicts (Bandi )

Panchayat was formed by the method of secret voting at Adarsh Karagar,
Lucknow. Oath ceremony of post and its secrecy by one sarpanch and 4 panchs of
the panchayat.
Delegation of more work to panchayat like :- Food Canteen management, Proper
Medical Treatment for the sick prisoners, eradication of the addiction, cleanliness
and environment of prison.

Bail system by 10 convicts for the watch of character of every prisoner who is day
and night free, in case of prison crime system of justice in front of the punishing
officer, safety of human rights of prisoners, combined study of the duties of citizens
written in Article 51 A of the constitution, and preparation of proposals for the
welfare programmes for the prisoners.

The schedule of general meeting of panchayat is once in a month and the

selection of Superintendent as Chairman and Jailor as Vice – Chairman of
Panchayat.

Industrial Production

Optimal utilization of the creative talent of skills of convict prisoners.

Continuous increase in the industrial production of prison. In 2002-2003 Rs
87,25,013/- in comparison of production of Rs. 71,62,807/- in 1996-2000.

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Industrial Production in the last 5 Years(In Rs.)

S.No Industry 1998-1999 1999-2000 2000-2001 2001-2002 2002-2003

Production Production Production Production Production
1. Powerloom 4915704.19 3842876.17 5097911.53 5061240.21 6730112.77
2. Tailoring 1404693.15 1304308.15 1148537.75 1865712.60 853018.70
3. Hand Made 194440.25 124607.17 86041.65 192352.95 90300.07
Paper
4. Printing 243584.70 391610.62 596351.52 950678.57 919654.80
Press
5. Masala 427824.03 335886.50 142670.00 148591.60 132926.70
6. Other 6560.36 9810.70 52572.14 12641.87 -
Total 7192807.18 6019099.31 7124884.59 8231217.80 8725013.03

Industrial Training

According to the interest of the convicts in the industries in the prison

an effort was made to make them economically self sufficient through the
training through trainers.

In the last 5 years (1995-2000) the number or trained convicts are as under

S.N Ind 1998- 1999- 2000- 2001- 2002- Total

o ust 1999 2000 2001 2002 2003
ry
Total Train Total Train Total Train Total Train Total Train Total Train
ed ed ed ed ed ed
1. Powe 50 13 48 11 43 12 41 10 45 35 227 81
rloom
2. Tailor 15 03 12 02 12 04 12 03 13 02 64 14
ing
3. Pape 19 05 17 04 15 05 14 04 14 06 79 24
r
4. Printi 03 - 04 03 05 01 05 02 05 04 22 10
ng
Press

GRAND TOTAL

S.No Year Number of Prisoners Number of new trained

working in different prisoners
industries
1 1998-1999 87 21
2 1999-2000 81 20
3 2000-2001 75 22
4 2001-2002 72 19
5 2002-2003 77 47
Total 392 129

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Details of Released Trained Prisoners

Vocational training given to the prisoners helped in the rehabilitation of prisoners.

By giving the proper wages in order to provide economic profit to the prisoners
engaged in various prison industries.
To present the prisoner as an independent skilled worker in the society after
release.
Details of the prisoners trained within 5 years are following:

Details of released Trained Prisoners

S.N Industry 1998 1999 2000 2001 2002 2003

o
1 Powerloo 22 19 10 14 06 47
m
2 Tailoring 03 01 01 03 01 08
3 Hand 09 04 03 05 01 11
Made
Paper
4 Printing 01 02 - 01 - 05
Press
Total 35 26 14 23 08 72

Vocational Training : An innovative experiment

Nehru Rojgar Yojana by Govt. launched to provide self employment to the

unemployed youth of urban areas. In 1999, first time it was made available to the
convict prisoners. The Training of Electrician (wireman) and plumber trade, a
quarterly training programme was organized during 13 Dec 1996 to 12 Feb 1997
by transferring 5-5 prisoners from the central jails of the state to the Adarsh
Karagar, Lucknow a batch of 30 prisoners were trained.

Under such scheme every trainer has been given a tool kit of Rs. 400/- and Rs.
500/- as honorarium. After training, such prisoners transferred according to the
requirement of the work in different jails. Under this scheme to start an
independent self employment after release, a loan of Rs. 5000/- subsidy.

Training in Screen Printing: An innovative experiment

Screen printing is comparatively most modern technique which is more profitable

and a lucrative business for self employment. Availability of old printing system on
the traditional Tradil Machine in the prison make it more convenient.

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 15 days Screen Printing Training organized with the help of Confederation
of India Industries to provide the vocational training to prisoners. During 12
July 2002 to 27 July 2002 prisoners trained in printing of visiting cards,
Greeting cards, Office pad etc.

Computer Training to Prisoners

First time in 2001 in the whole state, Computer Training was organized for
the prisoners at Adarsh karagar, Lucknow.

Starlite Foundation, Mumbai and NGO organized a 6 month computer

training in Applications to the 13 Intermediate passed convicts of Adarsh
Karagar. Training inaugurated on 10 march 2001 Organization provided
two trainers and one computer to the prison. Every working day training
programme organized for 2 hours per day within the prison. During training
2 convicts released and 10 convicts appeared in the examination. 6 out of
10 convicts passed in MS Word, MS Excel, MS Dos and Foxpro. Two
convicts got 70% and 4 got more than 50% marks.

Agricultural Production:

Cooperative farming of convicts is popular only in Adarsh Karagar of

Lucknow. Cooperative society of convicts registered as Adarsh Karagar
cooperative service. Department allotted 50 Acres land for farming for
convicts. Basic facilities for farming to convicts like Tractor, other
equipments for irrigation , Tube well etc. but no other budgetary
arrangement for them.

Society has right to build capital, participation in the profitability. Convict

member pays their maintenance charges to the govt. arrangement of living
of the families of the prisoners also in the Farm colony. Freedom to sell
agriculture products in the Mandi of the city and housing colonies. Total

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 profit distribution is like that 50% in the society’s account and rest 50% in
the individual accounts according to their labour .

Details of profit earned and Maintenance charges given by them to Govt. is

as under

Year Total Profit (In the Maintenance charges

account of Convicts) paid
1998-1999 74332 13555
1999-2000 89348 16155
2000-2001 213354 48659
2001-2002 215693 48815
2002-2003 233139 49053

Innovative experiment for the participation of Prisoners in the programmes

of Educational Institutions.

Artistic presentation of skills of prisoners in the educational institutions. On 28th

Nov. 2000 in Loreto Convent and on 28th Dec 2000 in Colvin Taluqdar’s
College rhythm of Karagar Band in P.T., March Past, Parade of students in the
Annual Day Function. Educational institutions paid honorarium of Rs. 2000/-
and Rs.5000/- respectively to the Band party.

Fully job oriented Band Party of Adarsh karagar run by convicts only. On
National festivals the participation of prisoner band in the march past of Police,
PAC and Army. In 1957 Pipe band was converted into the Brass Band in 1996
with some financial help from government. For the Modernization of band like
army band Department gave Rs.50,000/- assistance in 1999. Booking of Band
for marriages and other ceremonies within the territory of city. . During 2000-
2001 Rs. 24000/- earned with the public booking.

Programmes of Prisoners at Raj Bhawan

Honorable Governor Suraj Bhan appreciated Band show in Educational

Institutions. Governor invited Band party to the Raj Bhawan after watchingthe
performance of the band at Colvin Taluqdar’s College on 28th Dec 2000.
Welcome of Governor on this occasion of New Year on 1 Jan 2001, by the
Band party consist of 13 convicts. “ Ae mere watan ke logon………………”
Sare Jahan se Achha Hindustan hamara……………………….” And “ Jahan
Dal-Dal per karti hai sone ki chiriya basera……………………” like patriotic
songs played by the band party. Honorable Governor rewarded them by giving
one bookie and Rs 1100/- to every prisoner.

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 On 4th Jan 2001, New century started. All prisoners of Adarsh Karagar taken
oath of Art. 51 regarding duties of the citizens. Governor directed to start
reading of Article 51 at least once in a week into the prison.

Competitions for Mental Development of prisoners

Continuous effort to develop their minds and to increase the competition feeling
different competition organized. Art, Essay, Debate competition organized with
the help of Regional Broadcasting Directorate, Lucknow of Central Information
and Broadcasting Ministry.

On 15 March, 2001 with the help of Regional Broadcasting Directorate,

Lucknow a painting Competition on Topic” Apna Goan” : AIDS: Ek Janleva
Bimari” for essay competition. Debates on “The contribution of prison industries
in prisoners rehabilitation” and “ Development of India through small scale

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 industries” organized at Adarsh Karagar. Ist, IInd and IIIrd prize distribution
among convicts. Drawing and Painting competition organized on the occasion
of Independence Day 15-8-2001. “ National Unity and Integrity” “Vasudev
Kutubkam” “ We and Environment” and “ Jails of 21st Century” were the topics.
DG Prisons gave cash prizes of Rs.1800/- to the participants prisoners.

Naturopathy and Yoga Training

From 12-10-2001 Department of Social Work, Lucknow University and

Naturopathy Camp organized. In which 30 males and 20 female prisoners
trained for the treatment of physical and mental decease, change in negative
approach, self realization, reduction in the aggressive behaviours, capacity of
adjustment etc. through water exercises, Neti kunjal, yoga, pranayam and
moral teaching on 15 feb 2002.
28 prisoners trained in ashtary yoga by the Shree Neelkanth Yoga Kendra,
Lucknow in a one month camp. During 2 Jan 2002 to 21 March 2002, 40
women prisoners were trained in sahaj yoga by Smt. Nirmala Devi, Devi yoga
Training Organization.

Dr. Yogiraj Tripathi of Shantikunj Haidwar trained 35 prisoners yoga, moral

teaching and speech during 8 Dec 2000 to 7 Jan 2001.

Prajapati Brahmankumari Ishwari Vishvidyalaya and Global Hospital and

Research Centre, Mount Abu together organized a workshop on de-addiction of
tobacco through training on Rajyoga on 15 Oct 2001. Shri T.P. Singh
Chairman, Yog Sadhak Samaj organized a workshop o natural medical
treatment by tulsi and neem leaves.

Conference of Released Prisoners:

Started by Late Dr. Sampurnanand Former Chief Minister of U.P. arranged first
conference of released prisoners in 1957. Second conference of released

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 prisoners arranged on 31 Dec 1999 in Adarsh Karagar, Lucknow. The objective
was to review the contribution of the different industrial trades in the
rehabilitation of the released prisoners. Invitation given to 75 prisoners . 20
prisoners expressed their experience and realistic difficulties they faced after
release.

Programme started with a Yajya. Doordarshan Artist Shri Bharti Srivastava and
Shri Satish Chandra presented songs and Bhajans followed by lunch. This was
an inspiration for the prisoners and staff of prison.

Independence feeling among women prisoners:

The feeling of depression and discrimination and lost of identity of women

prisoners. The are also ignored by relations and blood relations after entering
into the prison- Even in few cases no person came for meeting since years.
They also can’t avail parole. Psychiatrist suggested to change in the life style.
On 10th Oct 2000 Jail administration experimented the visit of women prisoners
to the Zoo. Once in a month a group of 20 women prisoners with their children,
every second Saturday visited to the Zoo and local public gardens of the city.
Local Govt. gave free service for them like boating, entertainment etc. On 26th
Aug 2000 on the festival of Raksha Banbhan 20 women prisoners tied the
thread to Governor and requested for the security and safety of women.
Governor also given the consent. On 22nd Jan 2001, Honorable Governor
invited on the dinner tot he prisoners on the occasion of the marriage of his
son.

136
Family Counseling Centre and Legal Literacy Camp for women prisoners:

With the help of NGOs Central Social Welfare Board, New Delhi gave the
permission for family counselling Centre on 28th Oct 2001. Nari sewa samiti,
NGO established first Family Counselling Centre at Nari Bandi Niketan,
Lucknow. Two women counsellor appointed by the family counselling centre
they taught about the re- binding of family relations, regular contact with home,
to eradicate the illegal encroachment, to re-bind the breaking relationship with
husband and wife. Till 31st march 2001 some success achieved. On 18th march
2001, Legal literacy camp was organized with women cell, SSP, Psychiatrist
and Psychologist given the knowledge about the laws regarding marriages ,
child labour, dowry, women property, rape and labour laws. To reduce the
stress some psychological methods adopted.

Vocational Training to Women Prisoners:

In the year 2002 under the Nehru Rojgar Yojana, 30 women prisoners trained in
tailoring and embroidery trades for 3 months. Every women prisoners given Rs.
750/- Honorarium. In 1999, Hobby classes started for women prisoners in Nari
Bandi Niketan, Lucknow. Self Employed Women Association (SEWA) given 2
months training to 16 women prisoners in Chicken Embroidery.

137
Starlite Foundation an NGO of Mumbai gave training of tailoring and embroidery to
25 women prisoners. In year 2000, Food Processing Department of Govt. gave
training to prepare jam, jelly, pickles, sauce and murabba to 25 women prisoners a
month. They got the orders from general public. One extra skilled opened a door of
income generating activity.

Training for the Women Prisoner by IGNOU

IGNOU registered 21 convict women prisoners for the 6 monthly certificate

course on food and nutrition. For that scheme SSP Adarsh karagar
appointed as Director. The course fee was Rs. 400/- per women prisoner
and that was arranged by an NGO Nari Sewa Samiti I.E. Rs 8500/-. The
starting of this course proposed from last week of July,2001. Before starting
the course, I was transferred from the organization.

Positive Change in the attitude of Prisoners through Meditation

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Regular exercises like Asans, Pranayam, Dhyan, Upasana, etc.The
distribution of good literature for the self study during leisure time. In
between programmes of Yajya, Deep Yajya, Joint Prayer, Arti etc.

With the help of Shanti Kunj, Haridwar Dhayan Yoga, Deep Yajya,
Lecture, by Prajapati Brahmakumari Ishwari Vishvidyalaya Self-
realization, by Nirmal Niketan, Mumbai Self study programme by
Panduranj Athhewale Shastry, By Guru Govind Study Circle Guru vani,
Vedant and knowledge of param satta, by Sant Asha Ram Bapu and

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 the Bhajan Samrat Anup Jalota the weekly and monthly programmes of
bhajans. Development of controlling power in adverse situations and skill
development of expression, The new method –IQ Test or Emotional
Quotient Test used. The humanity feeling increased among the prisoners-
24 prisoners given consent in a Red Cross Society Programme of
donation of human organs like Eyes, Kidney, Heart and lever. Chief
Justice D.P. Mahapatra, of Allahabad High Court appreciated the feelings
of the 24 lifer prisoners.

Marriage of Prisoners

Consent Healing Process- mean better faith in the humanity which realize
them about their responsibilities, a new experiment- Prisoner marriage.
On 24th March 1999, at Adarsh Karagar, Lucknow the marriage ceremony
of a lifer Mahboob with a bride of a well off family Raisa. Barat started from
the jail, The barati prisoners danced on the rhythm of jail band with the jail
officers and staff.

140
Senior Superintendent of Prison completed all duties from groom party.
The whole society became witness through the mean of electronic and
print media. Again on 6 July 2000 the repetition of that achievement of 25
march 1999 but the actors were different. The groom was a released lifer
Santosh and the bride was women jail warder Ranjana.

The feeling was behind both the event was that may be the jail department
is not directly associated with the responsibilities but this is not a jail but a
home and ask to integrate that society which sees it as negligence, fear
and negative. This effort may work as a mile stone.

**********************

141
 CHAPTER - VIII

Convicts Perceptions

142
 Chapter – VIII

Convicts Perceptions
Classification of Convicts
Prisoner Population

In the last four years during Year 2000 to 2003 there is not much changes in the
convict population in both the prisons. Since Model Jail is a Scheme

Strength of Convicts

3000
Convicts in Tihar
Strength

2000 Jail
1000 Convicts in Model
Jail
0
2000 2001 2002 2003
Year

Jail the number of Convicts are less as compared to the Tihar Jail. The male
female ratio in tihar Jail is 8.5 :1 and in Model Jail is 2.6:1.The convicts population
in Central jails of U.P. (53.46%) is higher than the population in District Jails
(41.63%). As far as the Undertrials are concerned the population in District Jails is
very very high. This is because of two reasons that number of Central jails (6) are
less than the Number of District jails (54) and also there is a low conviction rate in
the state.

Area of Belonging

143
Convicts belonging to Urban Areas in Tihar ( 59.59 %) is more that in Model Jail
(40.41%).

Rural Urban

Tihar Jail, Tihar Jail,

Delhi Delhi
Model Jail Model Jail
Lucknow Lucknow

In Model Jail the Convicts are from the rural and semi-Urban Background.

Age Group

The Age group wise distribution in Tihar is between 30-34 (with 24 cases 58.54%)
which in Model Jail 40+ with 33 cases (71.74%). The situation in U.P. and Delhi
the number of

Age Group Wise Distribution

Number of Inmates

40
30
Tihar Jail
20
Model Jail
10
0
20-24 25-29 30-34 35-40 40+
Age Group

convicts between 18-30 year age group are large in number.

Caste

144
The caste wise distribution of convicts shows the maximum number of convicts are

Caste and Religion of Convicts

Number of Inmates
45
40
35
30
25 Tihar Jail
20 Model Jail
15
10
5
0

M e
C lim

n
Ba aste

le d
st

tia
d u ar

us
ca
h e ckw

is
C

hr
al
er
en

Sc
G

Caste and Religion

from the General Caste (36%), Schedule Caste (29.5%), Backward (16%),
Muslims(13.5%), Christians (2%), and about 3% don’t know about their religion.

Educational Status

There is a population of about 10 % is illiterate in both the prisons. The ratio is

illiterates in Tihar and Model Jail is 19:1. The Convicts studied upto primary and
junior level (22.5%) , Upto Middle level (20%) and Higher education (7.5%) in Tihar
jail whereas the Convicts studied upto primary and junior level (29.5%) , Upto
Middle level (8.5%) and Higher education (2.5%) in Model Jail. In comparison the
convicts of Tihar jail are more into the formal education. It is because of the urban
dominance population in Tihar jail rather than in Model jail.

Routine before conviction

Most convicts come into the jail after obtaining the adult age so this has a clear cut
reflection on their routine also. The working convicts (84%) Student (8.5%) and
7.5% convicts were neither involve in any occupation nor in education. The
employed percentage of convicts before crime commission is very high because of

145
 Routine Before Conviction

200

Number of
Convicts
150
Model Jail
100
Tihar Jail
50
0
Nothing Student Employed
Routine

one reason that in rural area person starts working from very early age.

Criminal Justice Response towards Correction

The Major Sections of the Indian Penal Code 1860 under which the Prisoners
detained in both the Jails

Section Charge and Punishment

34 Acts done by several persons in furtherance of common
intention. Then each person is liable for that act in the same
manner as if it were done by him alone.
37 Cooperation by doing one of several acts constituting an offence
38 Persons concerned in criminal act may be guilty of different
offences
120 B Punishment of Criminal conspiracy. Imprisonment for 6 months
or fine or both. Non cognizable- bailable
147 Punishment for rioting. Imprisonment for 2 years, fine or both.
Cognizable- Bailable
148 Rioting, armed with deadly weapon likely to cause death.
Imprisonment for 3 years or fine or both. Cognizable- bailable
149 Every member of unlawful assembly guilty of offence committed
in prosecution of common object. Imprisonment for 3 years.
Cognizable or non-cognizable. Trial by court by which the
offence is triable.
201 Causing disappearance of evidence of offence, or giving false
information to screen offender.
If a Capital offence- Imprisonment for 7 years and fine
If punishable with imprisonment for life- Imprisonment for 10
years + 3 Years and fine
If punishable with less than 10 years imprisonment- Actual
Imprisonment + ¼ Actual Imprisonment + fine or both.
Non Cognizable- bailable

146
298 Uttering words etc. with deliberate intent to wound the religious
feelings of any person. Imprisonment for 1 year or fine or both.
Non cognizable- bailable
302 Punishment for Murder. Imprisonment for life and also liable to
fine. Death or Imprisonment for life and fine. Cognizable- Non
bailable.
303 Punishment for Murder by life convict. Punishment –Death-
Cognizable-Non bailable
304 Punishment for culpable homicide not amounting to murder.
Punishment – Imprisonment for life or 10 years and fine.
Cognizable-Non bailable
307 Attempt to Murder: Whoever does any act with intention or
knowledge and under such circumtances that, if he by that act
caused death, he would be guilty or murder shall be punished
with imprisonment for 10 years and also fine or if hurt is caused
to any person by such act, the offender shall be liable either to
(imprisonment for life) or to such punishment as is herein before
mentioned.
Attempts by Life Convicts: when any person offending under this
section is under sentence of (imprisonment for life), he may, if
hurt is caused, be punished with death. Imprisonment for life or
10 years and fine. Cognizable- non bailable.
304 B Dowry Death: Where the death of a women is caused by any
burns or bodily injury or occurs otherwise than under normal
circumtances within 7 years of her marriage and it is shown that
soon before her death she was subjected to cruelty or
harassment by her husband or any relative of her husband for,
or in connection with any demand for dowry, such death shall be
called dowry death and such husband or relative shall be
deemed to have caused her death dowry shall have the same
meaning as in section of the dowry provision act, 1961 (28th of
1961). Imprisonment for 7 years which was extend to
imprisonment for life. Cognizable- Non bailable.
323 Punishment for voluntarily causing hurt. Imprisonment for 1 year
or fine Rs. 1000/- or both.

147
324 Voluntarily causing hurt by dangerous weapons or means:
whoever, voluntarily causes hurt by means of any instrument for
shooting, stabbing or cutting, or any instrument which, used as
weapon of offence, is likely to cause death, or by means of fire
or any heated substance, or by means of any poison or any
corrosive substance, or by means of any explosive substance or
by means of any substance which it is deleterious to the human
body to inhale, to swallow, or to receive into the blood, or by
means of any animal , shall be punished with imprisonment of
either description for a team which may extend to three years, or
with fine or both. Punishment : Imprisonment for 3 years or fine
or both cognizable-bailable.
483 Counterfeiting a property mark used by another. Punishment :
Imprisonment for 2 years or with fine or with both.
498A Husband or relative of husband of a woman subjecting her to
cruelty. Punishment: Imprisonment for 3 years and fine.
Cognizable-non bailable.
504 Intentional insult with intent to provoke breach of the peace.
Punishment: Imprisonment for 2 years or with fine or with both.

Prison Administration

Daily Routine of Prisoners in the Jail

The functioning of the prisoner governed by according to the manual standards.

The daily routine has been a lot changed after independence. A comparison is
given below:

Daily Routine of Prisoners British Daily Routine of Prisoners at

Period Present
The ordinary daily routine except on The ordinary daily routine , except
Sundays, Good Friday, Christmas, on Sundays, and Jail Holidays
King Emperor’s Birthday shall be: shall be as follows:
Day Break : Open wards and Cells and 5:30 a.m. Pachasa ( Morning Alarm)
Count Prisoners 5:30 a.m. to 6:00 a.m. Opening of
Latrine Parade Barracks and Cells and Counting of
Washing Parade Prisoners
Early Morning Meal 6:00 a.m. to 6:30 a.m. Morning
Labour ablutions and bath
9:00 a.m. Bathing parade 6:30 a.m. to 7:00 a.m.
Morning Meal PrayerExercises, P.T. and Drill
Latrine Parade 7:00 a.m. to 7:30 a.m. Counting
Labour 7:30 a.m. to 8:00 a.m. Tea and
4:00 P.M. Cease work Breakfast
Evening Meal 8:00 a.m. to 11:00 a.m. Work
Latrine Parade 11:00 a.m. to 2:00 a.m. Meals and

148
 6:00 P.M. Lockup Rest
2:00 a.m. to 4:30 P.M. Work
4:30 P.M. to 5:00 P.M. Games
5:00 P.M. to 5:30 P.M. Dinner
5:30 P.M. to 5:45 P.M. Counting
5:45 P.M. to 6:00 P.M. Prayer and
Closing
6:00 P.M. to 9:00 P.M. Individual
Entertainment ( Watching TV etc.)
9:00 P.M. to 9:30 P.M. Prayers and
Preparation to go to bed
9:30 P.M. To bed

Supply of Items

When the prisoner enters in the jail he is not allowed to wear his own clothes and
use certain things. The department provides bare minimum things like two sets of
clothes, one bedding and some items for food. The department doesn’t provide
any pair of slippers, buckets, mirror etc. the convicts having money can purchase
these items from the canteen but what about the prisoners of vulnerable category.
Many of the convicts don’t have slippers and buckets. Even there is no mirror in
the barracks.

Expenses on inmates

The major component of expenses on inmates in both the prisons is on food Tihar
(913.70 lakhs) and Model Jail (13.8 Lakhs ) during 2002-2003. Medical expenses
in Tihar Jail are very high. While a very little percentage spend on the education
and welfare activities.

NGO’s Intervention in the Jail

The pattern in both the jail is very surprising. In Tihar jail around 32 different NGO’s
are functioning and providing skills in education and employment oriented trades,
durg addiction, spiritual and meditation, prison fellowship etc. while in Model jail
except providing some items on different occasions and spiritual and meditation
exercise (occasionally) no other help is provided by the NGO’s. While the Number
of visitors are no where less in any way.

Basic Facilities

Because of the difference in the nature of both jail i.e. Tihar a group of Central Jails
while Model Jail a scheme Jail, Tihar is facing overcrowding while in Model Jail
there is less occupancy than its actual capacity. In Tihar no barrack is less than 40
inmates while in model Jail for Night Azad and Prisoners of Ganga Bhawan not
more than 10 inmates share the barracks. (refer table-4.13). The status of Medical

149
 Perception of Convicts towards Basic
facilities in Model Jail

Perception
60
40
20 Very Good
0
Good

Food

Educati
Clothing

Medical

Welfare
Satisfactory

on
Poor
Basic Facilities

Perception of Convicts towards Basic

facilities in Tihar Jail
Perception

80
60
40
20 Very Good
0 Good
Satisfactory
g

al
od

re
in

io
ic

fa
Fo

th

at
ed

Poor
el
lo

uc

W
M
C

Ed

Basic Facilities

facilities in comparison of Model Jail is better in Tihar Jail. The percentage

distribution of dissatisfaction in model jail is 56% and even in Tihar Jail 28% are
not satisfied. Only 40% are satisfied upto some extent regarding Medical help in
Tihar Jail. Sanitation facility is almost satisfactory in both the jails with a over all
percentage of 57%.

Perception about Prison Officials

150
The behaviour of prison officials is average in both the jails. In Model Jail the
behaviour of Prison staff considered more helping and more cooperative. The
ratio in between Tihar Jail and Model Jail is 14:3 in terms of number of inmates per

Perception towards behaviour of prison

Officials

Responses
Number of
60
40
20
0
Tihar Jail

Satisfact
Very

Bad

Good

Good
Bad

Very
Model Jail

ory
Rating

jail staff and 171:114 in terms of number of inmates per medical staff. In model jail
there is no separate correctional staff. In Tihar Jail , Convicts suggestions for
improvement are seldom invited and in Model Jail the rate is high with 59%. But in
fact there is no such system of inviting their views and suggestions while making
any policy and plan for them. As far as the aspect of frequency of convict need
assessment is concerned Model Jail (58%) is better than Tihar Jail (40%). Prison
officials effort to develop cooperation and adequate opportunities for growth among
convicts is better in tihar jail than in Model Jail with 57%. Prison staff is more
sympathetic in dealing with the problems and complaints of the convicts in Model
Jail than in Tihar Jail. But still there is no standard structured complaints and
grievance system in both the jails. Pattern of mutual understanding and trust and
their willingness to look into and resolve the grievances of the convicts is almost
same in both the jail. A large proportion of prison staff is honest and sincere with a
ratio of 29:21 responses.

Reformative Activities

Educational Arrangements

In terms of educational arrangements Tihar Jail is far better than Model Jail. The
educational arrangements in Tihar Jail (34%) while in Model Jail (only 9%) falls in
the good and very good category. The prisoners are not very much interested in
the present education system. Only 20% convicts in both the prisons enjoy
studying. They are those person who are totally illiterate. There is procedure and
arrangements of formal education in principle and on papers not in practical. But
the perception about the benefits of education are clear in their minds. They also
feel that education leads to positive approach towards life, vision enhancement
and less probability of inclining towards crime. In short there is a lack of
environment for the encouragement of education in both the jails.

151
 Interest Level in Education

Essential
Boring
but
Interest
Model Jail
Tihar Jail
Enjoy

0 50 100
Perception

Vocational Training

In terms of vocational training the status of these training are almost same in both
the prisons. These training comes under the category of normal with 62% in Tihar
and 55% in Model Jai. There is a great difference in the number of training
imparted in both the prisons. In Tihar jail number of vocational trainings are more
than in Model Jail. Condition of Reformative activities (Education, Recreational,
Meditation, Training programmes, Spiritual knowledge, Plays and videos, Prison
fellowships etc.) ranges in between satisfactory to good while (Employment
oriented training, Drug addiction related trainings, Music, Outing) ranges in
between bad to satisfactory level. Only wages system with 3.58 average rate falls
in good to very good category in Tihar Jail. Condition of Reformative activities
(Education, Recreational, Meditation, Spiritual knowledge, Wages etc.) ranges in
between satisfactory to good while (Employment oriented training, Drug addiction
related trainings, Music) ranges in between bad to satisfactory level In Model Jail.
There is no system of prison fellowship in Model Jail. Typing, Powerloom,
Tailoring, Bakery are the popular trades of vocational training in both the jails. The
ratio in between the Tihar and Model jail convicts engaged in vocational trainings is
7:1

Economic Status

The most of the convicts come from the poor background. The major proportion of
he convicts in Tihar and Model Jail in terms of annual family income falls in the
range of Rs. 20-40,000/-. The monthly contribution of convicts in the total family
income is about Rs, 1000 to 2000/-. This shows that the convicts were the major
contributors to their family economic status. As far as the occupation of convicts is

152
concerned in murder cases the convicts were working as labour and private
service person. Retailers are more involved in drug business (46.67% of total drug
crimes) while in Model Jail most of the convicts were involved in farming and in
land dispute cases. After that the pattern can be seen that labourers were more
involved in murder cases. In Model Jail no case of drug related crime found.

As far as the family background is concerned the families doing farming of the
background of the convicts in Model Jail (66.67%) is almost double than the Tihar
jail (33.33%). The proportion of private service (78.26%) and Labour class
(54.55%) in Tihar Jail is higher. In Model Jail after farming the largest proportion is
of labour class with 45.45%. The largest category in terms of monthly income of
convicts falls in 500- 1000 category with 88.31% in Model Jail while in Tihar in
1000-2000 category it is 89.71%. this shows that the convicts of Model Jail
represents rural and semi urban population and in Tihar most of the convicts are
from urban area. So their earnings are more than the convicts of Model Jail. The
other inference can be drawn that the person with low income group are more
involve in crime or in other words unable to prove them innocent in the eyes of
judiciary.

M o n th ly In co m e o f C o n victs b efo re
S en ten ce
Number of Convicts

80
60
T ihar J ail
40
M odel J ail
20
0
Nothing

1000

2000-

4000-
500-

3000

5000

In co m e R an g e

Psychological Aspect

The recidivist percentage in both the jails is very low with 2.5%. and that of only
one time offender. This shows that the prisoners of central jail and scheme jail are
rarely repeat the crime after release from these jails. The reason of commission of
crime also shows the differences of culture in both the cities. In Tihar Jail, murder
for money and property is 51.81% while in Model Jail land disputes for money and
property in leading to 48.19%. The revenge (32%) and domestic violence (17%)
also plays an important role in crime commission. It has been admitted by 81.5%
convicts that the anger plays very important role in crime commission. The
psychological problems, the convicts face in their daily life is always a great
concern and till date no full proof solution found to minimize these problems. About
76.5% convicts goes in depression always. In the index of perception of convicts in

153
terms of satisfaction with life it is only 22.33% that means a little satisfaction with
their life. A very large percentage of 93% of Convicts feel guilty of their act in past
and their vision became positive towards life. Actually it is seen that the time is the
best teacher and in due course of time they have realized what wrong they did and
just because of that what they are losing in life.

Convicts feel guilty

Number of Convicts

80
60 Tihar Jail, Delhi
40
Model Jail,
20 Lucknow
0
Not at A little A good Very
all deal true much
Perception

Social Environment

Neighbourhood Environment and Number of Friends

The living surroundings plays an important role to build a character of person. The
pattern is almost same in both the jails. Neighbourhood environment in terms of
normal (67.5%) , good ( 19%) and good/ very bad category it is (13.5%).In
assessment of the impact of friends the figure is much more high. One amazing
factor that convicts having friends more than 6 in both the jails is 62.5%.

Number of friends of convicts before

conviction

80
Respondents

Tihar Jail, Delhi

60
40
Model Jail,
20
Lucknow
0
0-3 3 to 6 More No
than 6 friend
Number of friends

154
Marital Status of Convicts

The married convicts percentage in both the prisons is 78.5 %. This shows a
pattern that even person is bonded with strong family ties the impact of sudden
anger is more and person can commit the severe crime like murder also. Out of
total married convicts 31.17 % falls in 5-7 years category, 41.56% falls in 7-10
years and 14.29 % more than 10 years. While in model jail 15 % falls in 5-7 years
category, 41.25% falls in 7-10 years and 35% falls in more than 10 years category.
Specially in model jail life term sentenced convicts are there so there are more
married convicts and for a long time they spend their life in the jail. Few of them
don’t know about their wives and some of convict’s wives gone for second
marriage.

Marital Status of Convicts in both the Jails

Unmarried
Married
Widower
Divorced
Separated

As far as the behaviour of family members is concerned the mother is the most
considerate part. Among all the family members parents supported a lot to all the
convicts. The lowest support the convicts find from the brothers and sisters and
wives.

Visits of Family members

155
The family tie up with the convicts is most severe problem. There is a mixed
pattern of this. Even some of the prisoners about 3.5% lost their touch with their
families and only local prisoners and of nearby area have regular contact. But
about 25% of convict family members from distant area rarely come to meet them.
While about 63% of the convicts family comes for monthly meeting.

Visit of Family Members

ly rly rly rly
ev eek igh nth ate ea ea
W rtn Mo Qu lf-Y Y

Model Jail,
Lucknow
Term
a
H

Tihar Jail , Delhi

er ly tly
Fo

0 20 40 60
N

Number of respondents

Average family size

In Tihar Jail, the Average male members is among 1-3 member category is 42% ,
females also in 3-5 member category (48%), children 1-3 member category (51%).
In Model Jail 3-5 member category it is 47% , 3-5 female member category (53%)
and children 1-3 (56%). This shows a family size of 7-8 members approx in a
normal convict family. This factor is also influenced by the rural and urban
background of the convicts.

Rehabilitation Process

Community related programmes

156
About 36% respondent told that encouragement to work in team and in community
related programmes is nil.

Convicts are encouraged to work in team

and work in community related
programmes
Respondents

50
Number of

40
30
20
10 Tihar Jail ,
0 Delhi
Not at A Little A Very Model Jail,
all good Much Lucknow
deal
true
Perception

Plan after release

157
A very big problem with the convicts is that where to go after release. How much

Plan after release

respondents
80
Number of

60 Tihar Jail , Delhi

40
20 Model Jail, Lucknow
0
Return to Settle in Never
home other place thought
Plan

the social and economic environment changed nobody knows but convicts
perception indicates that 49.5% plans to return to home 24.5% plans to settle in
other place and about 26% never thought in this direction. This is a peculiar
problem for the prison administration also because what to do with these convicts
and even some of them think that it is better not to be released because they think
that they can not lead a proper life after release.

Help expected from Society and Government

Need for financial help after release is more of concern of convicts with 99% in
Tihar Jail and 95% in Model Jail. The two basic things are very important that are
house and employment after release. Life day by day becoming more difficult for
ordinary persons then it is more important to take care of these things in the cases
of convicts. One more factor to be considered about the perception of convicts
towards the reaction they expect from the society. Only 60.5% convicts feel that
the society will adopt them easily.

Help Expected and Reaction of Society

Respondents

120
100
80 Tihar Jail , Delhi
60
40 Model Jail, Lucknow
20
0
ly
op

p
l
nd

...
ia

el

si

...

la
nc
Sh
La

ea
H

ith

re
na

er

w
t

s/
op
Fi

th

lm

nd
O

Ad

ob

ie
Fr
Pr

Help and reaction

158
Recreational Activities

The popular mode of individual and family entertainment was gossiping, roaming,
Playing cards, Television etc. there is some difference in the in entertainment
pattern of convicts of Model jail. The games like Kite flying, Goti Playing, Gulli
Danda etc. found in model jail convicts only

Specific problems and suggestions of convicts

System Change - Prison Administration

• Only High Court final convicts get the home leave and there must be some
provisions for the session court sentenced convicts.

• Only High Court final convicts get a chance to work outside.

• Prison Officials are very cooperative, honest and good in behaviour. But
they favour more to these prisoners who flatters them. The lower level staff
demands money or kind things from the convicts.

• Wages entry system is not good. Even with this money prisoner can not
support themselves because Rs.6.50 deducts as maintenance charges.
Most of the prisoners don’t know what is the amount they earned during
imprisonment and it takes too much time in transfer of wages from other jail.
The wages are very low also.

• Electricity and other infrastructural support from the government is lacking

inside and outside the prison both.

• The circumstances of murder should always be considered while awarding

the sentence.

• Justice and political system of our country is very poor and most of the
innocent person get sentenced.

• First offenders should get less punishment than life imprisonment and if
recidivist then life imprisonment can be given.

• In holidays also prisoners working outside should be allowed to go to the

work because that effects their business and commitment with the
customers also.

• Community related programmes are very less.

• Problem of Mosquito is very high in the barracks and causes so many

diseases.

159
 • Government has taken decision to release the convicts who have served 14
years of sentence. Then when this order is backed by Supreme court then it
becomes the duty of the State Government should fight on behalf of them.
Why convicts forced to fight in Supreme Court independently and spend a
lot of money. Which is making them and their family poorer day by day.

• Dowry death law have some loop holes because no husband can murder
his wife for the sake of dowry except some exceptional cases.

• There is not an effective criteria of selection of prisoners while taking from

other jails. There is also lacking of follow of the whole system build up to
bring the convicts. The other problem is that in certain cases the norms are
not followed while classification of convicts and sending them to Ganga
Bhawan.

• There is a problem of Prison discipline also. There are some caste based
small groups not in the knowledge of the staff and attacks on fellow
prisoners and some escape cases also reported. In the month of December
2002 one prisoner attacked on Thapa with the scissors which is used in
tailoring. He was barely injured and saved otherwise he may be died on that
day. The person attacked on him was a muslim and gradually a group
muslims is forming. This incidence can effect the prison security and prison
crime. As the punishment the boy sent back to the previous central from
where he came. There is a need to to check these activities and strong
decisions need to be taken in this regard.

• The prisoner of Particular State must be transferred to his original state.

Basic Facilities

• Food quality is very bad. The convict may be allowed to prepare their food
themselves.

• Milk is provided only on medical background. The convicts want to operate

a small dairy themselves for their own need and also want to take up as a
micro enterprise.

• The meeting time with the family members should be increased instead of
reducing for half an hour. And the family members coming from so much
distance with no staying place at Lucknow get very less time. This restriction
of timings enforced after the escape of one prisoner from Model Jail.

• Medical Facilities are very poor in the jails and there is no provision of
regular check up.

160
 • While giving the dress and bedding to new prisoner, slippers are not
provided to the prisoners and also there is no mirror in the barracks.

Reformative Activities

• Vocational training staff is not well qualified.

• Convict interest must be considered while allotting the work. Otherwise no

use of previous learning.

• Education system is very poor that’s why no interest of convicts in getting

the education.

• The time which an inmate has to spend in jail should be properly and fully
utilized and there must be some planning of the 12 hours which they spend
in closed bars.

• Work must be allotted in that trade in which the training is given otherwise
person loses his own skills as well as learned skills.

• There is no system of encouragement for the convicts to train the fellow

convicts of the trades which he already knows.

*****************************

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 CHAPTER - IX

Principles of Effective Interventions

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 CHAPTER – IX

Principles of Effective Interventions

Criminal Justice practitioners and policy makers have been repeatedly informed
that offender rehabilitation has been a failure; in the words of Martinson (1974),
“Nothing works”. Even though Martinson (1979) eventually recanted his views,
the anti rehabilitation rhetoric took firm hold, particularly in the United States, for a
variety of Sociopolitical reasons (Cullen and Gendreau, 1989).

Principles of Effective Intervention

Services

Services should be intensive and behavioral in nature.

a. Intensive services occupy 40% to 70% of the offender’s time while in a program
and are of 3 to 9 months duration.
b. Behavioural strategies are essential to effective service delivery.

Virtually all offender behavioural programs are based on the principles of operant
conditioning. At the core of operant conditioning is the concept of reinforcement,
which refers to the strengthening or increasing of a behaviour so that it will
continue to be performed in the future. The most efficient and ethically defensible
way to achieve this goal is to use positive reinforcers (something prosocial the
offender considers pleasant or desirable) and to ensure that reinforcers are
contingent (contingency management) on the behaviour being enacted. In
contrast, punishment , which is used much less frequently by behavioural
therapists, attempts to weaken or suppress behaviour by providing unpleasant or
harmful consequences.

Three types of positive reinforcers are used to strengthen behaviour. They may be
tangible (money, material goods) or activities (shopping, sports, music,
television, socializing) or social (attention, praise, approval). Behaviour
modifiers usually employ the last two types of reinforcers because they are natural
consequences of a person’s life. Positive reinforcers fit nicely into a powerful
concept called the Premack principle, which simply states that making a high
probability behaviour contingent on a lower –probability behaviour will increase the
frequency of the latter. Social reinforcers are much to be preferred because they
are cost effective and require little effort to satisfy contingency management

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practices. Most programs include a general menu of reinforcers, with efforts made
to individualize them where possible.

There are many types of behavioural programs. The three described next are
prevalent in the offender behavioural treatment literature. A well designed program
will employ at least two of the following, as each overlaps to some degree with the
others.

a. Token economics- A reinforcement system for motivating offenders to perform

prosocial behaviours. Tokens can be tangible or symbolic, that is points. They
are often used with groups.
b. Modeling – The offender observes another person demonstrating a behaviour
that he or she can benefit from imitating.
c. Cognitive behavioural- There are several schools of cognitive behavioural
therapy. Fundamentally, they are intended to change the offender’s cognition,
attitudes, values, and expectations that maintain anti social behaviour . problem
solving, reasoning, self control and self-instructural training are frequently used
techniques. Cognitive therapists stress that a good therapeutic relationship,
involving empathy, openness, and warmth, is necessary for effective cognitive
therapy.

Behavioral Programs

Behavioural programs should target the criminogenic needs of high risk offenders.
Treatment is more effective when it is matched with the offender’s risk level.
Higher-risk offenders are much more likely to benefit from treatment than low risk
offenders.

There are two types of risk factors- static and dynamic. A static risk factor is any
aspect of an offender’s past criminal history that is fixed in time ( e.g. number of
previous convictions). Dynamic risk factors are those aspects of the offender’s
everyday functioning that are amenable to change. Gendreau \, Little and Goggin
(1995) have listed those dynamic risk factors that are the best predictors of
recidivism and therefore the most promising targets for intervention- Andrew and
Bonta (1994)refer to them as criminogenic needs. If these factors undergo positive
changes, the offender’s criminal behaviour will be reduced. Some of these
criminogenic needs involve antisocial behaviour (e.g. lack of self esteem and
feelings of personal inadequacy such as anxiety and depression)

It is critical that behavioural programs employ risk assessment measures that

measure a wide range of criminogenic need factors. Of the measures in
widespread use that have been identified as comprehensive, reliable and valid
(Gendreau 1995) the measure with the best predicted validities is the Level of
Supervision Inventory.

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Characteristics of Offenders, Therapists and Programs

Characteristics of offenders, therapists and programs should be matched. The

responsivity principle is rooted in the notion that there can be potent interactions
between the characteristics of individuals and their settings or situations. The
simple minded rationale of the time that programs should be limited to one
treatment modality, for example, using only a token economy and ignoring all other
behavioural strategies, and treating all offenders as if they all had identical
personality traits, attitudes and beliefs.

The principle of responsivity simply states that treatment programs should be

delivered in a manner that facilitates the learning of new prosocial skills by the
offender. Failure to do means that programs can easily fail. Essentially, the
responsivity principle is one of matching treatment X offender type X therapist’s
style. The three components of responsivity are the following:

a. Matching the treatment approach with the learning style and personality of the
offender. As a case in point, offenders who prefer high degrees of structure or
who are impulsive are likely to function better in programs such as graduated
token economics, which initially provide considerable external control with
concrete rules for appropriate behaviour. Psychiatrically troubled offenders, on
the other hand will often perform more adequately in low pressure, sheltered-
living environments.
b. Matching the characteristics of the offender with those of the therapist. For
example, offenders who are more “anxious” respond best to therapists
exhibiting higher levels of interpersonal sensitivity.
c. Matching the skills of the therapists with the type of program. Therapists who
have a concrete conceptual level problem solving style function best in the
program that is highly structured.

Program Contingencies and Behavioral Strategies

Program contingencies and behavioural strategies should be enforced in a firm but

fair manner.

a. Reinforcement contingencies must be under the control of the therapists.

b. Staf, with meaningful input from offenders, design, maintain and enforce
contingencies.
c. Positive reinforcers exceed punishers
d. Internal controls, for example, drug testing for substance abuse, are judiciously
used to detect possible antisocial activities of clients.

Relating to Offenders

Therapists should relate to offenders in interpersonally sensitive and constructive

ways and should be trained and supervised appropriately. Interpersonal skills have

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all but been ignored in the nothing works debate. Most of the exemplary studies
noted previously make mention of some of the criteria described next;

a. Therapists are selected on the basis of interpersonal skills associated with

effective counseling. Some of these factors are clarity in communication,
warmth, humor, openness and the ability to relate affect to behaviour and
set appropriate limits. With these sort of skills, therapists can be effective
sources of reinforcement and competently model pro social skills.
b. Therapists have at least post graduate degree with training in theories in
criminal behaviour and the prediction and treatment of criminal behaviour.
c. Therapists monitor offender change on intermediate targets of treatment.

Designing Program Structure and Activities

Program structure and activities should be designed to disrupt the delinquency

network by placing offenders in situations (people and places) where prosocial
activities predominate.

Providing Relapse prevention strategies

Relapse prevention strategies should be provided in the community to the extent

possible. Relapse prevention is a strategy that originated in the alcoholism field
and has begun to be adapted to offender populations such as sex offenders
(Maletzsky 1991) It is essentially an outpatient model of service delivery applied
after the offender has completed the formal phase of a treatment program in prison
or a community residential center. Elements of the strategy include the following:
a. Plan and rehearse alternative prosocial responses.
b. Monitor and anticipate problem situations.
c. Practice new prosocial behaviours in increasingly difficult situations and
reward improved competencies.
d. Train sufficient others, such as family and friends, to provide reinforcement
for prosocial behaviour.
e. Provide booster sessions to offenders after they have completed the formal
phase of treatment.

Advocacy and Brokerage

A high level of advocacy and brokerage should be attempted as long as

community agencies offer appropriate services. Where possible, it is desirable to
refer offenders to community based services that provide quality services
applicable to offenders and their problems. Therefore, it is vital that community
services be assessed in this light in as objective a manner as possible e.g.
Community Program Assessment Inventory (CPAI)

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 Traditional Psychodynamic and Non directive or Client Centered Therapies

Offender treatment programs that have been based on these approaches have
emphasized the following processes:
a. “Talking Cure”
b. Good relationship with client as a primary goal
c. Unraveling the unconscious and gaining insight
d. Fostering positive self regard
e. Self actualization through self discovery
f. Externalizing blame to society
g. Ventilating anger

Subcultural and Labeling Approaches

Subcultural and labeling approaches emanated from the sociological theoretical

perspectives of the same name. Subcultural theory emphasizes respecting the
offender’s culture and “doing good for the disadvantaged” by providing access to
legitimate opportunities. Labeling theory operates on the principle that the criminal
justice system stigmatizes youth and therefore offenders should be diverted from
the system.

Neither approach favours behavioral style interventions for offenders. If a program

must be offered, non directive therapies are preferred, and in the case of labeling
theory, sanctions such as restitution are considered to be worth while alternatives.

Programs, Including behavioural, That Target Low risk Offenders

“ Punishing Smarter Strategies”

The programs that resulted are commonly known as Intensive Supervision

Programs ( ISP) ISP usually include some or all of the following components
a. A. Greatly increasing contact between supervisors and offenders
b. Home confinement
c. Frequent drug testing
d. Restitution
e. Electronic Monitoring
f. Shock Incarceration
Obviously , it is virtually impossible to meet these criteria in the real world in which
offenders live, unless some sort of unbelievably efficient environment is available.
a. Punishment only trains a person what not to do.
b. When punishment is inappropriately applied,
several negative consequences can occur, such as
producing unwanted emotional reactions, aggression or
withdrawl or an increase in the frequency of the
behaviour that is punished.
c. People who appear to be resistant to punishment are psychopathic
risk takers not neurotic or under the influence of a substance , or have

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 a previous history of being frequently punished. All of these
characteristics are to be found in varying degrees, among offenders
more that other clinical groups.
d. The social psychology of attitudes and attitude change nicely documents
how many people inoculate themselves from threats and coercion by the
way they choose to interpret “evidence” employing self relevant reasons that
this regard negative consequences, and have affective stigma, that is free
will arguments or ego defenses, that are resistant to attitude change. The
social psychological literature on influence has established that the
principles of reciprocity, liking, authority, and commitment, among others are
necessary to change behaviour.

The evidence is persuasive that specifies styles of service delivery can reduce
offenders criminal behaviour to a degree that has profound policy implications.
In fact, some of the programs that do not work , such as ISPs, have also been
shown be very costly and contribute to prison overcrowding. The next goal of
rehabilitative agenda besides adding to the principle as more data accrue, is to
address how we can overcome the socio political and professional barriers to
the implementation of high quality offender services that have been found to be
effective in reducing offenders criminal behavior.

Problem Solving through Social Work Intervention

Problem
Only High Court final convicts get a chance to work outside.

Social Work Intervention

Due to the security reasons and to avoid the escape of the convicts from outside
this system prevails in the jail. The question arises that this risk is with the high
court final convicts also. The security guards also escort with them when they go
outside for the work. After a constant effort prison administration has been
convinced that with the security the other convicts also can be send to work. Now a
system can be introduced that except in permanent employment ( like holding
shops outside) they can be send in the batches. Before 4 high court final convicts
form a batch but now 6 convicts ( 4 high court final convicts and 2 session court
final convicts) with one security guard send to the sugarcane research institute
outside.

Outcome
The wages for this work is very high in comparison of the wages they get in the
prison. They get only Rs. 13/- in the prison but when they go outside for work they
get Rs. 90/- per day.Open environment reduces depression feeling in them, and
increase in self confidence.

The mutual faith between convicts and the prison department increases.

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Barriers
There is no security of regular work because it totally depends upon the
requirement of labourers placed by the sugarcane Research Institute. The session
court final convicts can not be placed into the regular arrangements because it is
not definite that whether they will get a bail or not from the High Court.

Problem
Only High Court final convicts get the home leave.

Social work Intervention

It has been proved by the time that most of the convicts lose their contacts with
their families and even family members also start ignoring them. Initially they
provide some financial help and visit to meet them but gradually they withdraw
from this arrangement. The convicts who get the home leave are more strongly
bonded with their families and that is very much useful in the process of
reintegration. In the special circumstances like death of family member or marriage
ceremony, the convicts get the home leave. Although the matter is Judicial but not
only in the form of home leave but making some special arrangements for the
intact relationships with their families is very necessary. Social isolation is the
greatest punishment for these convicts.

Outcome
The matter is being passed from the Jail administration level and lying pending
with the Prison Headquarter. The possibilities of special arrangements are also
initiated by the Second District Magistrate.

Barriers
Since the matter is related to making a Policy and it involves the Judiciary and
Prison Administration both and experience shows that it any proposal is initiated by
the Judiciary then there are chances of its implementation but when it is initiated by
the Prison Administration there are less chances of its implementation.

Problem
Prison Officials are very cooperative, honest and good in behaviour. But they
favour more to those prisoners who flatters them. The lower level staff demands
money or some kind things from the convicts.

Social Work Intervention

It is obvious in any institutional system that there must be two groups. This pattern
is also into the prisons. There is one group who is close to the prison authorities
and the other one is not near to them. The favour can be seen in many occasions
one in that in the labour division. The close group gets the work of less manual
labour like writer ship or works as a peon but the other group gets the work in the
agriculture farm or in powerloom etc. the other thing that the close group is able to
make money in the meeting process. To check this rotation of prison labour is
being introduced and while on meeting day four officers of Dy. Jailor level started

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to register their presence during the process. The notice of not giving any money
or kind thing to any of the Prison Personnel is being pasted in the various places
within the Jail premises.

Problem

Wages entry system is not good. Even with this money prisoner can not support
themselves because Rs. 6.50 deducts as maintenance charges. Most of the
prisoners don’t know what is the amount they earned during imprisonment and it
takes too much time in transfer of wages from other jail. The wages are very low
also.

Social Work Intervention

Although for maintaining the self esteem between the prisoners and for
rehabilitation purpose the method of giving wages is no doubt an encouraging
factor. But there are so many problem like.
1. The entry system of wages is not proper.
2. Wages comes very late.
3. Wages transfer from one prison to other is a difficult task.
4. Wages are very low and with that amount they can not support their family.

It is true that money plays on important role in the building the self confidence
among the persons for the maintenance of ledger is not proper. For that thing,
prisoner labour and trade wise different registers needed to make for the convict
engaged in different trades registered in different categories like :
TRADE – TAILORING

S.No Name of Father’ Days Total Grand Total

Convict s name
1 2 3 4 5 6 7 8 -

In the main ledgers these entries can clearly mentioned the wages earned by
each convict. The other thing introduced i.e. individual pass book. The individual
pass book is being kept by each convicts and once in a month they can give it for
updation. Since before the system was not proper and it was in a haphazard way.
We started the weekly schedule for the updation of pass book trade wise:
First week of the month : Tailoring, Paper Industry
Second week of the month : Agriculture, Screen Printing
Third week of the month : Labourers, Bakery
Fourth week of the month : Powerloom

With the help of SSP one Dy. Jailor and a convict writer has been appointed for
this work. The shortage in the budget an the allocation of funds for other things
makes the problem more severe and when specially it is a matter of transfer of

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funds from other prison it becomes more difficult. The prison headquarter officials
intervened in this matter and gave the order that at the time of transfer of prisoners
with all other papers the wages earned entries must be given at that time and strict
instructions to update the entries is given and also gave the direction that within a
month the money should also be transferred to the concerned prison. It is also
proposed by me to open a separate bank account specially for wages only. This
work is under progress.

The wages rates are Rs. 18/- for skilled worker, Rs. 13/- for semi-skilled worker
and Rs.10/- for unskilled worker. Rs. 6.50/- deduction against the maintenance
charges. It is very difficult to meet the situation from the both end. Due to the
budget problem prison Deptt. Can not provide more wages and with this very less
amount the convicts cannot support their families and even themselves.
Considering the problem I suggested a Business Outsourcing Model for Prison
(BOMP).

Outcome:
At present the proposal has been discussed with the Convicts and there is a large
acceptance of this model. Even in fact the Prison Administration is also willing to
adopt this.

Barriers :
This is a policy decision and it needs support from different levels which is very
hard to get. Besides that the Industries point of view to see this in the light of their
social responsibilities.

Problem

The circumstances of murder should always be considered while awarding the

sentence and justice and political system of our country is poor and most of the
innocent person get into.

Social Work Intervention

The poor class in most of the cases get caught by the criminal justice system. In
one murder case if four to five persons are named in a case then all the named
person sentenced to the life imprisonment. In few cases the circumstances has
forced the convicts in indulging in a severe crime like murder. In some of the cases
the convict doesn’t know who has murdered whom but if they have been named in
the FIR the police caught them without any further investigation.

Outcome

This problem is beyond the limits of the prison administration so it can not be
solved unless the judiciary and the police department can not take it seriously.

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Problem

Vocational Training Staff is not well qualified and education system is very poor

Social Work Intervention

The vocational training instructors and not skilled and qualified. Particularly the
trades like electrician, adult education, bakery etc. are running in very poor
conditions. The Instructors are not taking it seriously and also not giving proper
time. The way of teaching is not good so the strength in the classes is very poor.
Since the attendance in the class is not compulsory for the convicts that effects
their interest level. The result is that there is no class running or the teachers are
not coming to the classes. On the complaint of the convicts , the real position of the
system briefed to the Jailor and the SSP. Both of them have taken action in this
matter and as a result the classes started running properly. There is also a lacking
of learning environment. For this problem a hall which is used for meditation and
other activities has been converted into the class room structure.

Barriers

There is no follow up system and the present system fulfills the paper requirement
only. Unless and until the proper system developed the quality of vocational
training can not be ensured.

Problem

Work must be allotted in the trades in which the training is given otherwise person
loses his own skills as well as learned skills.

Social Work Intervention

Suppose a prisoner has been trained in the tailoring trade but while allotting the
work he has been put into the powerloom or paper industry. So as the result after a
certain period he forgets the learned skills and also not fit for the new one. The
system of matching the skills with the convict aptitude is needed to be considered.
Now the system has been organized and convicts of different trades are engaged
in the trades which they learned. NGO’s help has been taken in solving this
problem.

Barriers

There is not written guidelines to follow this system of work allotment and the staff
is also not ready to make it in written form.

Problem

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There is no system of encouragement for the convicts of the trades which he
already knows.

Social Work Intervention

In most of the cases the convicts were already engaged in the employment and
knows some skills. In the prison there is no system of encouragement for the
convicts to engage in painting, poetry writing, making sculpture etc. At least they
can train the fellow convicts in that skills. For that purpose I made a 2 small group
in swagat bhawan and 3 small groups in ganga bhawan. Each group consist of 5
convicts. In these group itself they sit together for half and hour and learn and
share their skills and experiences.

Outcome

Sense of belongingness has been increased and that has increased their
motivation.

Problem

The problem of house and employment is very severe after release and also
impact of their conviction effects them psychologically

Social Work Intervention

The District Urban Development Agency (DUDA) provides the low cost houses to
the poor living in the slums. It take a nominal contribution of Rs. 5000/- for
registration and Rs. 300/- per month for 5 years to provide a house unit covered in
300 square feets and there is a room, a kitchen, toilet and some open space in the
house and also freedom to make the storeys. I approached the authorities in this
matter and convinced them that if it can be provided to the slum persons then why
not the reformed convicts. That will solve their employment problem also because
when there is a possibility of residing of 5000 population then there can be surely
some self employment opportunities. Hardly 3-4 convicts release in a year. So the
government has also not feeling such pressure. The other aspect is that the
convicts don’t want to return back to their homes because in the years the situation
has been changed and some convicts want that their family should leave that place
because they also face so many social problems. That is also helpful in the
reintegration process.

Impact of Social Work Intervention

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 Psychological Aspect of convicts life has been improved largely with social work
intervention i.e sleep, emotions, behaviour, psychological conditions, self
assessment, awareness, evaluation, mentally preparedness, strong relationships,
belongingness, more cautious intuitive, more supportive and sympathetic, more
practical and more satisfied Personality changes took place like changed
priorities, greater appreciation of life, new interest, self reliance, spiritual
understanding, clear observation, belongingness, problem solving ability, new
opportunities, more compassion, stronger relationship, stronger religious faith,
better acceptance, positive attitude, more inner strength, looking life with different
angle for the betterment of life. Mental changes took place after social work
intervention like they are now less disturbed, less dissatisfied, less disappointed,
less crying, feel attractive, mentally alert, cheerful, worth living satisfaction with life,
healthy, successful, ability to take decisions, optimistic, rewarding, purposeful life,
pleased with , adjusted with present situation, decision taking ability, enjoyable and
meaningful life.

Non Government Organization’s Involvement in the

Process of Treatment and Rehabilitation of Convicts
The Prison Administration has made considerable efforts for breaking barrier
between prisoners and the society. The participation of prisoners in running the
routine affairs of Prison Administration has also helped in this regard.

The correctional model aims at active association of society in the form of Non
Government Organization (NGOs) with the prisoners for their reformation.
Correctional programmes in the prisons are aimed at treatment procedures for
prisoners based on humanitarian philosophy. The emphasis on spiritual and moral
education by the NGOs through Yoga and Meditation have produced very
encouraging results.

Vocational training and various work facilities restores a feeling of self-confidence,

self-respect in prisoners and enables them to determine their own destiny.
Vocational training includes programmes like tailoring, welding, painting, printing,
carpentry, book binding, screen printing, envelope making, computers etc. It is
evident to mention here that the increased participation of NGOs has to go a long
way in meeting the psychological needs of the prisoners, thus helping in creating a
better environment in prisons in respect of security and harmonious living
conditions. The field of activities of NGOs in prison are restricted in terms of time
and means. Their services have ensured a personal touch with inmates and
helped them discover and evaluate their weaknesses and strength before they
come out of prison and join the mainstream as better human beings. The NGOs
are not only providing services to the prisoners but also giving training in Human
Rights as well as Stress and Anger Management to the Prison Administration.

To find out the role of the NGOs in the prison administration. These are following:

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S.No Non Government Organization
1. AIDS Awareness Group
2. An Association for Scientific Research on the Addictions
3. Apradh Mukti Vaicharik Kranti Abhiyan
4. Art of Living
5. ASSISI Convent
6. Ayurvedic Dispensary
7. Center for Indian Classical Dances
8. Community Aid and Sponsorship Programme
9. Concerned Women
10. Delhi Dawakhana
11. Divya Jyoti Jagriti Sansthan
12. Family Vision
13. Homeopathic Dispensary
14. Hope Foundation
15. The Leprosy Mission Hospital
16. Mahila Pratiraksha Mandal
17. Mahima-SFS Group
18. Creche/ Balwari Project Navjyoti Foundation
19. Prajapita Brahma Kumari Iswariya Vishwa Vidyalaya
20. Prison Fellowship
21. Ritinjali
22. Sahaja Yoga Meditation
23. Sawan Kirpal Ruhani Mission
24. Scope Plus
25. Typing Trade
26. Skin Specialist
27. SSSMile Fellowship Vincentian Charitable Trust
28. Universal Vision of India
29. Vipassana
30. Vidyajyoti

Activities performed by the Various Non Government

Organizations in the Tihar Jail, Delhi
Total 30 NGOs and the distinguish Social Workers/ Artists are engaged in the
process of Social service and trying to put extra ordinary efforts besides the limited
resources as well as the restrictions of time and means by the prison
administration due to the security reasons. The details of NGOs and their work is
given below:

AIDS Awareness Group:

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 Legal Outreach for Women Prisoners
AIDS Awareness for Jail Doctors, Staff and some prisoners
Communication Skills workshops for Jail Officers and Staff
Workshop on Stress and Anger management for Jail Officers and staff
Pre-/ Post test counseling for HIV and Testing for HIV
Street Corner Pay on HIV/AIDS
Free Legal Aid to Prisoners

An Association for Scientific Research on the Addiction

New Delhi Model Parivar:

New Delhi Model Parivar is a mutual self help, peer-led therapeutic community.
Four such communities now exists in Delhi Prisons. The community consist of
families, each comprising about 25 residents- a senior or big brother for every
three or four residents. Seniors, “family heads” and “big brothers” act as “Role
Models” to other members of the community. A five member convict team, three
permanent warders, a permanent head warder and assistant Superintendent are
assigned to the community and is under the direct supervision of the
Superintendent of the respective prison. In addition, seven senior resident
prisoners serve as teachers, team leaders, and supervisors. Staff members from
Aasra (a psychiatrist, two psychologists, a social worker, two senior counselors
and two experienced –trained counselors for the four communities) serve as
trainers, facilitators and rational authorities.

Components of New Delhi Model Parivar

There are three components of NDMP

1. Philosophy (culture) includes principle of Humanness, Patience, Mutual
self help, responsible concern, honesty in word and deed, respect for elders
and affection for juniors, trust, responsibility, awareness, acceptance and
integrity.
2. Structure of Confrontation
3. Shaping Behaviour

Contributions

Providing Footwear, soap, oil, tooth paste-toothbrushes, games/ educational

material given to the prisoners. Televisions, wall clocks, sewing machines, candle
making equipments, computers are also given to Prison Administration.

The more educated teach the less educated. Focused peer support is offered to
those who have recently entered the community and are getting off drugs.
Selection of a pro-social big brother is central to correction and rehabilitation in this
peer-led model.

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Counseling is generally in groups, not by individuals one-to-one counseling.
Education, Meditation, Mood Making sessions, Sharing One’s recovery, concept
seminar, family group, community meeting, barrack meeting, Anger and Grief
workouts, educational and
recreational games are some of the activities that form part of the curriculum of
AASRA.

Behaviour Chart

A five colour code is used for the assessment of behaviour of convicts. Officers on
rounds are encouraged to look up this chart and call out the names of those with
black and red marks for reprimand and those with green and blue marks for
commendation.

Incident Register/ Reception Register:

Every event in the community is recorded in the register from who enters/exits the
community, commitments made by new residents, to negative behaviour/incidents
and action taken. The main activities of the community are also recorded here.

The Monitoring System

One monitoring system has been evolved to prevent suicides, quarrels and drug
taking.

Training Programmes
Anger, Grief and Violence Management
Training of warders and prisoners
Perennial Problems
Milestones : De-addiction centers.

Apradh Mukti Vaicharik Kranti Abhiyan

The sacred Bhagwat Gita has been taken as a declaration for the purpose of
character building among convicts.

Art of Living

As the swan moves gracefully through the water its feathers remain untouched and
unstained. “ This is the Art of Living”. We learn to move through life unstained by
events in our day to day activity. The Art of Living foundation is an international
non profit and charitable organization. It is in special consultative status with the
United Nations as an NGO with a role to play in world peace.

During this training Pranayam, meditation, knowledge and unique breathing

practice, sudarshan kriya which is the core of the Art of Living basic course.

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Combining the best of ancient wisdom with modern science, this course enables
us to eliminate stress and toxins from the body. This leads to increased energy,
youthfulness and enthusiam and elimination of negative emotions such as anger,
anxiety, depression, sadness and fear. Improved memory and great self
confidence, cheerfulness and joy are introduced to us, which remains with us
always. These lead one to a heightened awareness and insight into the inner self.
The space of love is awakened.

There are four pillars of life

Sadhana (Meditation)
Samarpan (Surrender)
Silence
Smile
Till now more than 1800 prisoner benefited from this training of Art of Living

ASSISI Convent (Asha Sadan)

Asha sadan is a home for the prison children. The children

receive free shelter, food, clothing, education and all
that they need to grow to be good citizens of our country.
These children perform tremendously in their studies and
in all other extra cullicular activities. They are given a
chance to meet their parents in the jail once a month.

Ayurvedic Dispensary

Total more than 1800 prisoners are under treatment in this scheme.

Centre for India Classical Dances

Once the convicts of Tihar Jail performed classical dance with the Sonal Man
Singh on the event of International Human Rights Day. And also time to time the
performance is given in all the jails of Tihar.

Community Aid and Sponsorship Programme

Activities Undertaken
1. Every child is special form CASP and has worked out a plan of action as per
his/her needs.
2. Counselling of Parents/ guardians for continuation/starting of education of
their words.
3. School aid to all the school going children
4. Assistance in gaining admission to drop out cases.
5. Networking with NGOs/ other institutions for educational and vocational
training needs.
6. Organise recreational activities.
7. Placement of some children in foster care of relations.

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Positive Outcomes
Positive attitude of children and guardians towards schooling has
been developed.
Regularity in school and improvement in academic performance.
Since the inmates get a regular feedback from the social workers,
they are more at ease.
Social workers observe that children/ guardian maintain cleanliness
at home.
Children are more accessible, they are willing to share their thoughts,
anxities etc.

Concerned Women
In the Women ward starting of beginner class in English.
Supply of several books to establish a library

Delhi Dawakhana

Assistance of books, stationary etc to the prisoners

Divya Jyoti Jagriti Sanathan

When man becomes slave to his temporal desires, he is bound to undergo

sufferings. In the process, vices overpower his mind corrupting him mentally,
morally and physically. In such a scenario, everyone runs after materialistic things
and worldly pleasures. Such a trend gives rise to various ills in the society like
unrest, tension, turmoil, crime, mutual distrust, intolerance etc. the society
therefore needs a radical change. It is a known fact that Mother Earth contain both
positive and negative impulsions and individuals when placed do have attractions
and repulsions depending upon their inborn karmic effect. The effort is to create
positive mind set to attract the positive impulses. Then all the three faculties viz.
thought, speech and action get integrated to emerge into a positive mould.
The activities undertaken
Playing of devotional songs
Holding of regular spiritual discourses
Meditation
Imparting of spiritual knowledge
Holding of Music

Family Vision
Theatre Workshop
Personal Counselling
Education Programme for children
Children’s day programme
Music, dance and drama programme for the ladies
Stress management workshop for prison staff
The causes of stress
# Poor Human relations

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 # Poor Personal Organization
# A negative attitude towards life
Therefore, in order to reduce stress in one’s life, one needs the
following :
• Good Human Relations skills
• Time management and personal organization
• Attitude adjustments and faith in God

Homeopathic Dispensary
Overall examination of prisoners is around 7,000 per year

Hope Foundation ( Dental Unit)

The services regarding the proper care of teeth and other treatment like denture
setting also performed

The Leprosy Mission Hospital

Project Objectives
To screen all the inmates of Tihar Jail to identify persons affected
with leprosy
To put all active cases on Multi Drug Therapy
To provide disability care to all the patients
To educate all jail inmates about the early signs of leprosy and the
advantages of regular treatment
To give orientation to the doctors and para-medical staff from time to
time.
To provide community based rehabilitation to needy persons affected
by leprosy inside the jail.

Methodology
A- Case Detection
B- Medical Drug Therapy (MDT) coverage
C- Prevention of Disability

Mahila Pratirakha Mandal

Family Counseling Center
Crèche
Adult Education

Mahima –SFS Group

Literacy Classes
Hygiene and Health Classes
Drawing Competition
Establishing Linkages with the
families of convicts

Creche / Balwari Project- Navjyoti Delhi Police Foundation

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 ♣ Health and Nutrition
♣ Activities with Children
♣ Training
♣ Celebrations

Prajapita Brahma Kumari Iswariya Vishwa Vidyalaya

• Importance of spiritualism in life

• Rajyoga and Dhayan Yoga
• Positive Thoughts
• Self management and Stress Management
• Building Character
• Art of Living
Prison Fellowship India

Objective of the organization is to make the inmates a disciplined citizen and built
up humanity and love among themselves. It is aimed at change-a-change for the
better. Discussion on hygiene, effects of using drugs, importance of prayer,
cleanliness. Assistance of Tailoring machines, clothes to the inmates etc.

Ritanjali
x Set up a library with a collection of 8000 books for inmates.
x Essay competitions
x Counseling
x Training of Tailoring trade to inmates
x Mainstreaming of Inmate’s education
x Free legal aid
x Quiz

Sahaja Yoga Mediatation

Training of Sahaja yoga to the inmates and the donation of books on meditation to
the library.

Sawan Kirpal Ruhani Mission

It is a spiritual organization . It organizes the satsang programmes into the prison

premises.

Scope Plus

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It’s mission is to “empower the powerless. Scope stands for society for creating
opportunities for people’s empowerment. Education, knowledge, technology,
awareness, counseling, skills and training are the tools. Documentation of activities
undertaken in the Tihar prison is the main contribution.

PUSA Polytechnic

The organization is providing the training of typing trade to the inmates.

Skin Specialist

Regular check up for the diseases.

SSSmile Fellowship Vincentian Charitable Trust

Main help in the field of education and counseling.
Legal Aid
Financial help given to the families.

Universal Vision of India

Services given to the young and adolescent children in Tihar

Counseling

Vipassana

Vipassana is an ancient meditation technique of India which enables one to purify

the mind and its defilement’s like anger, greed, avarice, lust, fear, pride,
aggressiveness etc., which are the root cause of all suffering, through a simple and
scientific process of self-observation. The practice leads step by step to the highest
spiritual goal of full liberation from all mental defilement’s. Meditation classes -A
research project to study the effect of Vipassana meditation on subjective well
being and criminal propensity among inmates has been initiated by the Department
of Humanities and Social Sciences, IIT Delhi.

Vidya-Jyoti

Counseling with the foreigner prisoners.

Activities performed by the Various Non Government Organizations at Model

Jail, Lucknow
In comparison of the NGOs working in the capital prison Tihar the number of the
NGOs working in the Model Jail is very less and also they are not working in a
organized manner. The approach of these organization is more on charitable type
and a need of more publicity for less work performed.

Organizations/Persons visited Model Jail, Lucknow

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Mahila Morcha, Bhartiya Janta Party
Sometimes distribution of sweets and fruits only in the Nari Bandi Niketan.

Prajapita Brahma Kumari Iswariya Vishwa Vidyalaya

• Importance of spiritualism in life

• Rajyoga and Dhayan Yoga
• Positive Thoughts
• Self management and Stress Management
• Building Character
• Art of Living

Innerwheel

Sometimes distribution of Undergarments to the women prisoners and also some

sweets and warm clothes

National Legal Aid Forum

Legal aid

Rani laxmibai rajkiya sanyukta Hospital

Eye examination and medicines distribution

Guru Govind Singh Study Circle

School bags, slippers, warm clothes distribution to the children living in the nari
bandi niketan

Methodist Church

Distribution of soap, socks, and confectionery

Nari Seva Samiti

Distribution of spectacles,

Sai Samiti

Satsang

Asha Ram Bapu Ashram

Meditation, Art of Living and the distribution of the sweets.

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Ishabola Thompson College

Cultural Programme

Jain Sampradaya

Religious programmes

Divine United Organization

Meditation

Sanatan Dharma Sanstha

Meditation, and Importance of sadhna in the life

Parivar Seva Sanstha

Discussion of women empowerment

Lucknow University

Family Counseling
Legal Aid

Abhiruchi Sansthan

Eye Examination

Lions Club

Distribution of stationary and shoes to the children living with their mothers in the
jail.

Art of Living Foundation

Stress Management Training to the inmates.

Vayaktiya Vikas Kendra

Training of behaviour

Summary and Conclusion

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It is evident to mention here that a number of non government organizations are
working in both the jails of Tihar and Model Jail. The common activities undertaken
by these organizations are as under.

Meditation
Medical Examination (Occasionally)
Training on Stress management, Anger Management,
Satsang
Distribution of socks, sweets, warm clothes, under garments etc.

In my view what exactly is needed to be done is missing its objective and the
approach have to be change. Instead of working in a piece pattern the activities
should be in a totality and must solve the purpose of reformation, correction,
rehabilitation and treatment of inmates. While taking a view of the activities of
these organizations more than 8 organization in both the prisons are working on
meditation and art of living. Does this require in such an extensive manner? Do our
inmates really enjoy attending this and afterwards they incorporate in their daily
routine? the answer is rather simple that only some may be not more than 5 % of
the total population adopt this.

The type of training is required which can enhance the skills of the inmates.
Instead of making our inmates a beggar for the few things we must work in the
direction of making themselves self sufficient so that they can perform their duties
towards the society, family and the victim of the crime. It needs a proper screening
of the inmates and searching the specific circumstances of his commission of
crime as well as the requirements of the inmates which should not effect the prison
security and its functioning.

Based on the above steps these two approaches for effective Social Work
Intervention are practical in the prison reform context.
1) Rehabilitative Approach
⌧ Basic Education – Literacy and numeracy.
⌧ Straight Thinking – Cognitive skills, problem solving, coping
strategies.
⌧ Substance Abuse – counseling programmes and special treatment
units.
⌧ Offence targeted programmes- violence prevention, sex offender
treatment
⌧ Work and Vocational skills
2) Reintegrative Approach
Parenting and family functioning skills
Budget and financial management
Cultural skills and knowledge
Creative arts and crafts
Recreation

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 Spiritual well being
Workforce re-integration and preparation for release

***********************************

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 CHAPTER - X

Conclusions and Policy Implications

CHAPTER – X

Conclusions and Policy Implications

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The goal of any social science research is not only to represent the various
dimensions of the study but considering the importance of the study to draw some
workable suggestions also. The findings of the study are following

Findings of the Study

The research is focused on the rehabilitation and treatment of offenders process in

the correctional institutions previously. This leads to the stage wise system of
reformation, rehabilitation and reintegration of the offenders. Offenders are
considered to be sick and they need proper treatment. The purpose of
imprisonment in the present time is social isolation and confinement, repentance,
punishment and deterrence, protection, reformation and rehabilitation. Custodial
and Rehabilitative goals are the two goals of correction. The medical and the
rehabilitative model also discussed. The historical perspective of the origin of
prisons and the reform process in India as well as the recommendations of the
various commissions and committees constituted for jail reform in brief represented
in the study so as to understand the policies available in this regard. Without
mentioning the human rights of prisoners which is a landmark in the direction of
correction and rehabilitation no study on prison reform can be completed.

This research also constitute the perception of the International experts towards
treatment and reformation of convicts. Their opinion are very vital to my research
as the developed countries have build up a more viable workable model for the
reformation and rehabilitation of convicts. Some specific perceptions of the 137
experts of 27 countries are like this. Most of the experts are in favour of the training
given to the prisoner but it will serve the purpose only when it is properly
monitored. Training must involve classification of convicts and trades, training in
the interest area of the convict, equivalent to community standards, cognitive skills
training, preparing convicts to “how” to think not “what” to thin, pro social approach
and the training which can solve their problem of housing and employment after
release. According to them psychological reorientation and social re-engineering is
necessary to motivate the convicts towards positive behaviour through teaching
them about ethics, parent education, preparing them for the employment etc. The
other integral part of the convict’s rehabilitation is that the society must become
more prepared to help convicts reintegrate into the community and that can be
achieve through more community involvement in prison programmes. The wages
system of course gives a long lasting self respect feeling with some sense of
responsibility among the convicts. This must be more organized and for that in

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chapter 5 the business process outsourcing concept is discussed to strengthen this
system. It also provides the work discipline .
I
The selected Tihar and Model Prisons are very specific in nature. Tihar is a group
of six central jails while Model Jail is the only scheme jail of the whole Asia. The
procedures of prison administration, treatment of prisoners, reformation and
rehabilitation measures taken in both the jails widely discussed in the chapter.
Tihar is well organized in comparison to the Model Jail. The annual budget of Tihar
is 10 times to the Model Jail. Tihar is trying to make the system more transparent.
For that they have issued a citizen charter, made a web site of Tihar,
computerization, security through closed circuit television cameras etc. while in
model jail no facility like this is available. Here in Model Jail in Ganga Bhawan the
convicts are free to move day and night within the jail premises and also go outside
for work. The extra curricular activities like plays, stage shows, games etc,. are
very much in tihar while it is also in model jail but in lesser number. The convict
panchayat and structure of panchayat is almost same. There are some good
practices in tihar like a small office of department of social welfare is in the prison
head quarter which provides the convict the financial assistance of Rs. 5000/- to
each convict at the time of release after completion of his sentence. It also
provides after care services but in fact that is not proper. This chapter contains all
the specific features of both the prisons in detailed manner.

In model jail the system of selection of convicts is very good. The convicts selected
for model jail comes from the other central jails who have some potential towards
reformation. This is a good practice and it should be taken in other prisons also.
Convicts belonging to urban areas in Tihar (59.59%) is more in than in model jail
(40.41%). The main reason of this is Delhi and the surrounding districts of other
states territory are well established and has urban impact while in model jail
convicts come from the rural or semi urban areas. So the pattern of crime is totally
different. The kidnapping, robbery, economic crimes etc are more in delhi while in
U.P. the land disputes, domestic violence, dowry deaths are the main reasons of
crime. In the castewise distribution the maximum number of convicts are from the
general caste ( 36%), schedule caste (29.5%), backward (16%) and the muslims
(13.5%). This problem correlates with the economic status of the convicts. There is
a population of 10% is illiterate in both the prison. There is a major gap in the
formal education system in both the prisons. There is a great need to motivate the
prisoners to take up the studies further and need to create a learning environment
instead of focusing on the adult education only. The percentage of primary and
junior level in Tihar (22.5%) in model jail (29.5%), middle level in Tihar (20%) in
model jail (8.5%) and in higher education in Tihar (7.5%) and in model jail (2.5%).
It is because of the urban dominance population in Tihar rather than in model jail.
Most of the convicts came into the jail after obtaining the adult age so around
(24%) convicts were employed before conviction. The employed percentage of
convicts before crime commission is very high because of one reason that in rural
areas person start working from very early age. Convicts charged in the crime and
sentenced in the IPC sections 34, 37, 120B, 147, 148,1 49, 201, 298, 302, 303,

189
304, 307, 304B, 323, 324, 483, 498A, 504 in almost all the cases. The supply of
some items like slippers, mirror, buckets which comes in the very basic needs
category is not there in model jail. Specific problems like this needs interventions
and NGO’s initiatives. NGO intervention in both the jails is very different. In Tihar,
32 different NGO’s are authorized and they are taking up the activities of
reformation and rehabilitation like vocational and educational training, drug
treatment, meditation, prison fellowship etc. on regular basis. While in model jail
only 7 different NGO’s or social groups come occasionally. There is a need to
involve more NGO’s in Model jail and ensuring a good working environment for
them and support for them. Here in model jail there is no mutual understanding
between NGO’s and prison administration. The status of medical facilities in
comparison of model jail is better in Tihar jail. The percent distribution of
dissatisfaction in model jail is 56% and even in Tihar jail 28% are not satisfied.
Food, clothing, sanitation facility are almost satisfactory in both the jails with a
overall percentage of 57%. In model jail the behaviour of prison staff considered
more helping and more cooperative. The main reason is the personal attention
also and it is just because of the ratio in between Tihar and model jail is 14:3 in
terms of number of inmates per jail staff. Convicts suggestion for improvement are
seldom invited and in model jail the rate is high with 59%. But in fact there is no
such system of inviting their views and suggestions while making any policy and
plan for them. As far as the convict needs assessment (Model 58%, Tihar 40%) ,
prison officials efforts to develop cooperation (Model 57%), prison staff is more
sympathetic in dealing with problems, complaints and grievances of the convicts in
model jail than in Tihar jail. But still there is no standard structured complaints and
grievance system. A large proportion of prison staff is honest and sincere with a
ration of 29:21 responses in both the jails. In terms of educational arrangements
Tihar is far better than model jail. The educational arrangements in Tihar jail (34%)
while in Model Jail (only 9%) falls in the good and very good category. There are
procedures and arrangements of formal education on papers but not in practical
manner. There are two main reasons behind this problem one is unwillingness on
the part of convicts and the other is the system fault in not creating the proper
environment. The vocational training comes under the category of normal with a
percentage of 62% in Tihar and 55% in model jail. That needs to be restructuring
and make more effective. Typing, powerloom, tailoring, bakery are the popular
trades of vocational training in both the jails. The ratio in between the Tihar and
model jail convicts engaged in vocational training is 7:1. most odf the convicts
come from the poor background. The major proportion of the convict in Tihar and
model jail in terms of annual family income falls in the range of Rs. 20-40000. the
monthly contribution of convicts in total family income is about Rs. 1000-2000/- per
month. This shows that the convicts were the major contributors to their family
economic status. Farming was the main occupation of convicts in model jail
(66.67%) is almost double than the Tihar jail (33.33%). The proportion of private
service (78.26%) and labour class (54.55%) in Tihar jail is higher. This shows the
urban and rural population difference in both the jails. The largest category in
terms of the monthly income of convicts falls in Rs. 500-1000 category with
88.31% in model jail while in Tihar it is Rs. 1000-2000 category with 89.71%. It is

190
because in tihar jail convicts are mostly from urban background . the other
inference can be drawn that the person with low income group are more involve in
crime or in other words unable to prove them innocent in the eyes of judiciary. The
reason of commission of crime also shows the difference of cultures in both the
ststes.. in Tihar, murder for money and property is leading to 48.19%. the revenge
(32%) and domestic violence (17%). It has been admitted by 81.5% convicts that
the anger plays very important role in crime commission. The psychological
problems, the convicts face in their daily life is always a great concern and till date
no full proof solution found to minimize these problems. About 76.5% convicts
goes in depression always. A very large percentage of 93% of convicts feel guilty
of their act in past and their vision became positive towards life. Actually it is seen
that the time is the best teacher and in due course of time they have realized what
wrong they did and just because of that what they are losing in life. Social
environment plays an vital role to build the character of person. One amazing
factor that convicts having friends more that six in both the jails with 62.5% prone
to crime. The married convicts percentage in both the prison is 78.5%. This shows
a pattern that even person is bonded with strong family ties the impact of sudden
anger is more and person can commit the severe crime like murder also. As far as
the behaviour of family members is concerned the mother is the most considerate
part. The family tie up with the convicts is the most severe problem. There is a
mixed pattern of this . even some of the prisoners about 3.5% lost their touch with
their families and only local prisoners and of nearby area have regular contact. But
about 25% of convict family member from distant area rarely come to meet them.
No rehabilitation is possible if this aspect of social reintegration is ignored. About
36% respondent told that encouragement to work in team and in community
related programs is nil. A very big problem with the convicts is that where to go
after release?. How much the social and economic environment changed nobody
knows but convicts perception indicates that 49.5% plans to return to home 24.5%
plans to settle in other place and about 26%never thought in this direction. This is
a peculiar problem for the prison administration also because what to do with these
convicts and even some of the convicts think hat it is better not to be released
because they think that they can not lead a proper life after release. The two basic
things house (shelter ) and employment after release. Only 60.5% convicts feel
that the society will adopt them easily. The convicts also gave some valuable
suggestions to improve the system of reformation and rehabilitation like home
leave, wages system, basic facilities problem, reformative activities etc. Their
suggestions in detailed form are there in the chapter.

There is a perception that “nothing works” in the correctional institutions. From that
thing we have to focus on “what works”. First the principles of effective intervention
like tangible (money, material, goods) or activities (shopping, sports, music,
television, socializing) or social( attention, praise, approval) has been discussed.
Cognitive theory of reformation is very much applicable so as it deals with intention
to change the offender’s cognition, attitudes, values, expectations that maintain
anti social behaviour, problem solving, reasoning, self control and self instructural
training. Then the specific problems like home leave, working outside, prison

191
officials cooperation and corruption, wages entry system, basic facilities like
electricity, food, sanitation etc., vocational training, allotment of work in the trades
in which they trained, encouragement to convicts to train fellow convicts the trades
they already know (not the crime modus operandi) , problem of house and
employment after release have taken up. After intervention has been done through
councelling, making groups, help from the prison officials, convicts, NGO’s and
District administration has resulted in positive outcome. One business outsourcing
model for prison (BOMP) has been suggested in detailed manner which can really
solve the 75% economic, reformation, and rehabilitation problem of the convicts as
well as will make the prisons in profit I believe. NGO’s involvement for breaking
barriers between prisoners and the society is very necessary. The NGO’s have
shown some positive results in the past in the process of reformation, rehabilitation
and re-integration. There is a great need to encourage the NGO’s to work for
convicts also because they are also the part of society. The prison department
must do something to involve the NGO’s and giving proper working environment to
them and such type of organizations without overlap in the programmes and also
taking integrated approach in order to ensure the overall development of the
convicts and to prepare them a good, responsible, law abiding citizens of the
country. In my view what exactly is needed to be done is missing its objective and
the approach have to be change. Instead of working in a piece pattern the activities
should be in a totality and must solve the purpose of reformation, correction,
rehabilitation and treatment of inmates. While taking a view of the activities of
these organizations more than 8 organization in both the prisons are working on
meditation and art of living. Does this require in such an extensive manner? Do our
inmates really enjoy attending this and afterwards they incorporate in their daily
routine? the answer is rather simple that only some may be not more than 5 % of
the total population adopt this.
The type of training is required which can enhance the skills of the inmates.
Instead of making our inmates a beggar for the few things we must work in the
direction of making themselves self sufficient so that they can perform their duties
towards the society, family and the victim of the crime. It needs a proper screening
of the inmates and searching the specific circumstances of his commission of
crime as well as the requirements of the inmates which should not effect the prison
security and its functioning.

Suggestions

In any social science study motivated by certain utilitarian ideas aiming at

furthering social development, particularly in social work which aims at helping the
people facing problems in affection social functioning reflected in myriad forms of
personal and social maladjustments to help themselves. It become obligatory on
the part of researcher to come out with certain concrete proposals in order to
remedy the situation in the desired direction. It is with this view in mind that some
suggestions in detailed manner are given below:
More detailed plans regarding service delivery models and implementation plans
for specific areas concerning assessment, intervention, offender management,

192
staff training , and evaluation will be forthcoming, once developed together with
providers for an effective correction system.

Principles Underlying Rehabilitation Framework

Service System Approach

Rehabilitation within the correctional system necessitates an interaction between

law and other disciplines. The law provides the opportunity to harness the “
therapeutic moment” when the offender is in crisis before the criminal justice
system. The way in which the correctional system responds may increase offender
resistance to change offending behaviour or increase offender determination to
change offending behaviour.. This needs to be an interdisciplinary endeavour that
involves members of the judiciary, mental health professionals, Prison
Administration and correctional staff. Rather than using the law as a stick and
carrot approach to coerce offenders into programs, legal and correctional staff
should harness the law to provide respectful external motivation to offenders to
participate. This approach should occur from conviction at court to completion of
sentence. The result will increase the likelihood the offenders are making informed
decisions about participating in offending behaviour programs and so increase the
likelihood that they will attempt behavioral change.
A rehabilitation framework should have the dual goals of offender risk management
and increase offender capabilities ( Ward and Stewart). Offence specific and
offence related programmes have a rehabilitative goal of risk management ( i.e.
rehabilitating offenders to avoid harm to the community). Thus offence specific
programmes that address criminogenic needs include sexual, violence, and drug
and alcohol related offending. Offence related programmes address areas also
related to offending in some instances such as problem solving, family support,
harm from drug use, and accommodation, education, employment and supporting
pre and post release for prisoners and community based support for offenders to
the expansion of community correctional services, bridging the gap and the
development of the community transitional units. At the same time, interventions
that need non criminogenic needs such as anxiety, low self esteem and
psychological distress are also required to motivate offenders to change offending
behaviour. Such interventions have a rehabilitative goal of enhancing capabilities (
i.e. improving quality of life and so reducing the likelihood of offenders harming
themselves and others). This need will be partially met through the offender
management system outlined below. In addition a consistent system of sentence
management is required to underpin the framework. Again a multidisciplinary and
multi agency approach is required.

Service Delivery

From the “ what works” system, 12 principles will underpin the reformation and
rehabilitation framework.

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1. Classify risk: The higher the risk classification, the greater the likelihood of re-
offending. More intensive programs target higher risk offenders (offence-
specific programs) while minimal intervention target lower risk offenders
(offence related programs).
2. Meet Criminogenic needs: characteristics associated with a reduction in re-
offending are targeted through offence specific and offence related programs to
manage offender risk. Non criminogenic needs will also be addressed to
enhance offender capabilities.
3. Matching learning styles: effective programs meet the need of offenders.
Active, participatory learning techniques provide a match between the learning
style of offenders and staff. Standardized risk and need assessments and
interventions should be applied in an individualized way to the offender.
4. Increase Motivation : lack of motivation can be a criminogenic need and
should be the target of intervention rather than used to exclude offenders from
programs.
5. Deliver “Smart” punishment : Punishment alone, without developing pro-
social skills to address offending behaviour, is ineffective.
6. Emphasise Community : Programs based in the community are more
effective because new skills leaned can be immediately applied. However,
Prison based programs can also be effective if adequate reintegration into the
community occur.
7. Use effective treatment methods : the most effective programs address a
variety of problem areas (Multimodal methods), are skills-oriented (teach
coping skills) and use cognitive behavioral methods (address thoughts, feelings
and behaviour)
8. Encourage Responsibility taking: Offenders demonstrate accountability for
behaviour and increase victim awareness.
9. Use sound methodology: A scientific, rational and empirical approach to
research, development and service delivery is used.
10. Maintain program integrity: The stated aims are linked to the methods being
used and adequate resources and trained staff availability. Program monitoring
and evaluation systematically occurs.
11. Apply professional discretion: in addition to standardized methods, decision
makers must also respond to moral, ethical, economic and legal considerations
i.e. make normative judgements.
12. Adequate programme development and implementation: Effective
consultation and organizational cultural change is crucial.
6.4 Service Delivery Model
The process of matching offenders to programs should focus on three principles –
classifying risk, meeting criminogenic need and matching learning styles. The need
assessment determines the problem areas to be addressed and the risk
assessment the level of intervention intensity required. Matching learning styles of
offenders means that programs need to be developed for offenders who tend to be
concrete thinkers and with low verbal skills. Most importantly, a correctional
environment conducive to program delivery is required in order to increase
motivation to change offending behaviour.

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Assessment

Assessment is a dynamic process that evaluates the offender throughout sentence

and determines the timing, focus, format and content of intervention.

1. Risk and need assessment screen

The offender management plan may include

a. an assessment of risk level
b. offence-specific and offence related needs
c. readiness to change in terms of motivation to engage in programs
d. risk of self harm
e. any special needs, and
f. an initial exit plan for prisoners focussed on needs upon release.
Security classification for prisoners will be included and impact on community
safety in relation to sentence compliance for offenders determined.

2. Detailed risk and need assessment

Those offenders who are deemed moderate or high risk/need may take up a
cognitive skills program. Clinical assessment will be tailored to the type of offence
(sex, violent or drug and alcohol related offending) and provide an individualized
case formulation i.e. hypotheses about why the offences may have occurred and
what problem areas need to be addressed. These problem areas are those
criminogenic needs that are most likely to reduce offending.
The process for assessment throughout sentence will be as follows:
1. Initial assessment by correctional staff including an Exit Plan for prisoners?
Offender Management Plan
2. Pre-intervention assessment by clinician? Clinical Assessment Report
3. Post- intervention assessment by clinician? Completion Report including
Relapse Prevention Plan

Intervention

Intervention will primarily be based on a group therapy model using cognitive-

behavioural techniques and activity based learning.
Based upon the initial risk and need assessment, an Offender management Plan
should be offence- specific programs for those offenders identified as moderate or
high risk/need. However, those offenders identified as low risk/need will still require
offence-related programs that enhance offender capabilities (e.g. appropriate
family and personal relationships, education, vocation, leisure and other everyday
living skills.)

Cognitive skills programs

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Cognitive skills programs teach problem-solving, self-control, moral reasoning and
social skills. They are foundational programs and so are necessary pre-requisites
to moderate and high intensity programs. Therefore, this program should be
completed early in sentence. This will also assist in offenders on longer sentences
resolving potential conflict situations in prison. Cognitive skills programs need to be
available at the beginning of the sentence. Cognitive skills programs address
anger management, conflict resolution, problem solving, stress management,
victim awareness or empathy, and so on. This will provide the opportunity for
consistent preparation of offenders for offence specific programs and allow
ongoing monitoring and evaluation.

Moderate and high intensity programs

On prisons, offence specific programs need to be delivered towards the end of

sentence so that the offender can prepare a Relapse Prevention Plan for release.
This model means that long sentenced prisoners (10 years+) require a continuous
low dose Preparation Program to maintain motivation to change.

Maintaining change programs

Because of the importance of generalizing new skills from a prison setting,

maintaining change after offence-specific intervention while in prison awaiting
release and when released into the community is of paramount importance.
Maintaining change programs should be co-facilitated by clinicians and correctional
staff and should aim to ensure that the relapse prevention plan has successfully
adapted to the “real world”. At least one of the co-facilitators should be known to
prisoners to improve the generalization of skills upon release. The most crucial
time regarding re-offending is upon release from prison and the prisoners should
be allocated to Maintaining Change Programs as soon as possible after release.
Interagency cooperation is vital for maintaining change in offenders and so
coordinated service delivery approaches and protocols need to be developed
between Community Correctional Services and both government and non
government agencies. Prisoners should be referred to pre and post release
transitional programs where a moderate or high risk/need is identified and eligibility
criteria are met.

Offender Management

An environment conducive to rehabilitation is required to maximize the therapeutic

effects of the law. That is, effective correctional programming is supported by staff
who relate to offenders in clear, open and enthusiastic ways: have a firm but fair
stance; demonstrate and reinforce pro-social behaviours; and assist in concrete
problem solving. The reducing re-offending framework relies upon effective
management of offenders by correctional to maximize opportunities to change
behaviour. There are methods all correctional staff can use to increase and
maintain motivation to engage in rehabilitation.

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Moderate and high risk/need offenders require more intensive case management.
This goes beyond managing the file administratively and includes careful
psychological management of the offender. The motivational techniques are
targeted according to the readiness-to-change stage the offender is at. The initial
stages where the offender may move towards contemplating change require
supportive and persuasive techniques by staff. Once the offender ready to engage
in change, there is need to provide cognitive behavioural and activity based
intervention. Most importantly, effective offender management is based on values,
attitudes and principles that are conducive to encouraging behaviour change. The
principles and values should include dealing with offenders in a fair, open and
humane manner. Increasing awareness of values and behaviour in correctional
staff requires activity based training that provides real life grasp of complex
everyday situations. This form of training must be staff-driven and pre rationalizes
rehabilitation principles, converts them to situations that staff are likely to
experience daily and provides insight into offender thoughts, feelings and
behaviour. Activity based training is particularly appropriate as a system change
agent. Without addressing underlying principles regarding the goals of reducing re-
offending, any offender management system will flounder.

Staff Training

Staff training and support is required in values and principles, offender

management, risk and need assessment, and groupwork. Correctional staff in
prison providing cognitive skills programmes, offence-specific programs and the
offender management system should initially be targeted. And training in these
areas:
• Values and principles
• Offender management
• Risk and need assessment
• Offence-specific programs

Evaluation

The offence specific programs require evaluation in the following format

1. Process evaluation

This form of evaluation determines whether the strategy or offence-specific

program is running in accordance with the aims, method, procedures and design.

2. Outcome or impact evaluation

This form of evaluation demonstrates the effectiveness of offence-specific
programs in traducing offending behaviour. The quality and quantity performance
measures include data about: (1) how much was done (2) how well it was done (3)
how much efforts was required and (4) what were the results. This form of
evaluation can be assisted by external research and evaluation organizations.

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3. Program standards and accreditation

One central agency working in the area of prison should provide standards and
specification regarding assessment, intervention and management of offenders to
ensure a consistent service system approach.

Mission for corrections

• The nature and degree of supervision of an offender should be directly

related to the risk of harm he or she poses if unsupervised. In other words,
correctional measures should be tailored to the gravity of the potential harm
and to the likelihood of its occurring without those measures. Thus, for
example, corrections should not devote the same kind or quantity of
resources to a petty thief (even though the likelihood of another theft is high)
as devoted to the opportunistic burglar (whose chance of committing
another offense may be lower but whose potential for harm is greater).

• The graver the potential harm and the more likely it is to occur if nothing is
done to reduce the risk, the more active must be the supervision when the
offender is not in prison. The nature of supervision should change as the
risk to public safety the offender presents changes over time.

• Active supervision requires creative program development in correctional

agencies. Here the aim should be for every offender who poses a risk
warranting supervision in the community to have a stable housing situation;
to be in the labor market; and to be bound to a supportive network of family
and neighbors, when possible, or to others recruited to that role by
correctional agents in the community. These requirements represent major
challenges to conventional practice because most correctional agencies
have not developed the capacity, for example, to create jobs and job
placement services where they are lacking.

• Finally, while correctional agencies committed to the public safety purpose

of sentencing need to be more active in supervising offenders and will have
to seek more intensive engagement with the communities where the
offenders are found, it is important that these agencies not adopt strategies
and programs that conflict with the naturally occurring forces of social
control that can be found in every neighborhood, even the most crime-
ridden. Active supervision requires familiarity with the operation of those
forces in the lives of offenders and others who live and work where
correctional agents have public safety responsibilities.

Allocating corrections resources

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More than clarity is required. The nature of corrections also demands that any
correctional agency hoping to promote it will need to build new capacity, from the
bottom up, and will need to construct new systems to manage that capacity and
the flow of information it requires. That is because information from the local
level will be required for monitoring and revising deployment plans at individual
agent, regional, and State levels--and this information should be expected to
change rapidly. This necessitates planning and overseeing a State's responses to
variations in its corrections investments--variations more complex, changeable,
and subtle than "caseload" or "offender needs." The process ought to be grounded
in information, gathered systematically and periodically, about the particular public
safety threats and the naturally occurring community capacities to contain them
found, neighborhood by neighborhood, throughout a State.

It is recommended to abolish felony probation and creating a new form of

confinement, one merging features of prisons with varying degrees of liberty and
obligations of the offender in the community. This new penal measure,
"Community Confinement and Control" (CCC), may be designed to ensure
substantially more supervision and control of behavior, and also substantially more
treatment, employment, and other socialization programs than conventional
probation and even "intensive" probation ever had--but for shorter periods. And
because the task force recognized that parole supervision often approaches
unsupervised liberty, it felt that no felony offender sentenced to prison should be
granted parole without successfully completing some period in CCC status. It
followed that offenders sentenced to CCC would be paroled from it, just as those
sentenced to prison would be paroled from CCC after serving at least a brief time
in that status on their way out.

Correction Life Skills Program

The correction life skills program consists of three principal components--

academics, violence reduction, and applied life skills.

Academics
• Reading and writing skills
• Formal Education System (At least Middle Level)
• Language expression

Violence Reduction
• Moral Recognition
• Anger management
• Conflict resolution training

Applied Life Skills

• Credit and banking
• Job search
• Motor vehicle regulations

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 • Legal responsibilities (e.g., restitution)
• Family responsibilities (e.g., child support)
• Health issues
• Social services
• Educational services
• Cultural differences
• Government and law

Change Through Innovation

Ultimate goal is to change the mindset of inmates and ex-offenders so that they
buy into the mainstream philosophy of holding a regular job and preferring the
noncriminal life. While job placements, support services, and followup help form
the NGO’s Intervention to achieve this goal, it is the program's innovative features-
-use of volunteers, peer group instructional approach, work release center and in-
jail school operations. These components provide a knowledge base for other
jurisdictions wanting to replicate a comprehensive education and employment
services program.

Some Specific Recommendations

• The feeling of group increases the sense of belongingness and also to

make them problem solving by themselves introduction of the Self Help
Group Concept in the prison is needed. Bureaucratic structure should be
changed into cooperative structure with a feeling of belongingness.
• Conditional Privatization of the prison like involvement of other
organizations i.e. giving the reformation aspect to one organization, after
care services to other, etc.
• More interaction with the Non government organizations and to involve
more NGO’s by making liberal policies specially in U.P. There should
not be overlap in the programme and there is a great need to ensure that all
aspects of overall development of convicts are covered. There are 8 NGO’s
working on the meditation in both the jails.
• Regular research studies for evaluation, monitoring and improvement
of the system and also implementation of any policy needs pretesting and
should be followed by small research. For example, In model jail the
meeting time reduce to half an hour from one hour.
• Housing and employment problem after release is very severe. The
DUDA builds the low cost houses to the poor living in the slums. If these
houses can be given to the convicts after release so in the colonies they
can also take up some self employment. Or during the period of their
sentence they can bring their families to the cities those convicts want. This
will really a landmark step in reintegration into the society. The minimum
contribution which they have to give can be meet out from their wages.
• Meditation, prayers, religious feeling needs to be strengthen with the
help of print and audio visual media

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• To find out the ways for economic growth and autonomy of the prison.
Actually the prison has sufficient manpower and infrastructure but there is a
need to re organized these and we should not forget in British period the
prisons were made to be profit making. For this purpose the BOMP is
discussed in detail in chapter five. Making the strategy and technique to be
labour intensive rather than capital intensive by decreasing economic
dependency.
• Encouraging the offenders to perform community service by making
reparations to the victims for damage.
• More operational flexibility
• More comprehensive planning that is with more attention to the social
aspects of development and greater control of resources that what has been
attempted in the part with a view to attaining the objectives of equity, social
justice and self reliance.
• More support and follow up of programmes after release
• Correctional research should be systematic enquiry aimed at strengthening
the empirical knowledge concerning control of deviant behaviour and
reintegration through corrective, protective and preventive devices.
• Relevant motivational factors to change the tendency of deviant behaviour
• Cultural factors associated with the criminal and non- criminal.
• Use of Autobiographical material from offenders by correctional counselors
• Factors in prison life that have greatest impact on the offenders residing
there.
• Tools for selecting the convicts for correctional activities
• Meeting time should be increased and there must be some hostel like
transit homes for the relatives coming from distant places and reaches in
odd time on nominal payment basis.
• Food and sex are the two very basic needs and the practice of
homosexuality is present in the jails in hidden form. The other most
important point to consider that if an offender comes to jail after few years of
marriage then in most of the cases wife involves with some other persons
outside or get into second marriage that effects the convicts a lot. During the
British period there were two types of meetings Kaccci and pakki mulakat. In
pakki mulakat the convict and his wife gets a chance to spend some time in
isolation to fulfill their sexual needs. This seems to be very odd but in this
way the human rights of a wife can be saved and also the convicts will more
psychologically fit and will participate in treatment and rehabilitation.
• Training in Micro enterprises because in the trades like powerloom, paper
industry etc. will not benefit them after release and even they can not afford
to establish such set up. So the convicts must be trained in the trades like
tailoring, auto repair, typing etc so that they can take a self employment
after release. New Micro level activities according to the need and
interest of individual convicts
• Public booth facility under close watch can be provided to the convicts in
order to make their contact with family regular. There is a reason that writing

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 habit in the people reducing day by day and the convicts feel depressed
when they did not get any letter from their family members.
• Jail premises is now within the heart of the city and if some shopping
complex can be opened outside the jail to sell the products exclusively
prepared by convicts and by them only.
• Convicts must be encouraged to participate in the different Melas,
Exhibitions etc.
• It is important that the issue must not be considered in the context of a
homogeneous group. The socio-cultural background of the inmates, the
different criminal profiles and different social histories must inform the
strategies for change.
• Training, sensitization of prison staff to the special needs of different
groups of prisoners is important. Introduction of training and development
of prison officials at regular interval so as to achieve the correctional
aspect of the prisons.
• More openness is needed. The secrecy surrounding these places – like
the prison makes them closed places and the staff becomes often inward
looking. In most cases the families too want to hide the fact that they have a
relative in prison, because of the social shame that imprisonment brings. So
the potential for ill treatment on the inmates who are dependent on the
authorities for all their basic needs is immense.
• The economic problem the prison face can not be ignored and as the result
the effect on the reformation and rehabilitation programmes of the convicts
suffers in the first priority. Prison has sufficient manpower and Space. I have
suggested to interlink the rehabilitation programme through Business
Process Outsourcing in the chapter 5 in detailed manner.
• The rights of the prisoners should be display on the prison walls so
that they may aware about their rights. More than 90% convicts don’t know
about their rights.
• There must be some awareness programmes of the govt. schemes
related to employment, women empowerment, education, housing etc. for
the convicts also. This will solve the problem in two way. One the family
facing the problem outside can seek some help from these programmes and
other is that after release the convict also can get the advantage of the govt.
schemes.
• There must be a proper system of allotment of prison labour. The
convicts must be allotted the work in which they trained. There are
examples that the convicts are trained in tailoring trade and put into the
powerloom.
• There must be some reward for the convicts shows good behaviour and
set example for the fellow convicts. Motivation and encouragement of these
type of convicts is very necessary. It may be money or a thing or a
certificate but with this system they will feel proud.
• Wages entry system must be more transparent and proper. In fact
wages are the channel of corruption also.

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 • Most of the convicts are from the poor family background. This shows
that the poor suffers even though he is innocent because he can not afford
the cost of justice.

Besides the specific suggestions given above the Integrated Offender

Management is also suggested to work in a planned manner so as to achieve the
objective of reformation, rehabilitation and the re integration.

*********************************

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 CHAPTER – XI

Business Process Outsourcing Model

and
Integrated Offender Management Model
CHAPTER – XI

Business Process Outsourcing Model and

Integrated Offender Management Model
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Business Outsourcing Model for Prison (BOMP).
Most of the Multinational and National companies are preferring the Job Work
system for their products in order to reduce the overheads and expenditure
component in manufacturing. It is proposed that if a company gives an order to
make any part to the prison then inmates can be engaged in that work fruitfully.
The company has to train the convicts by their own experts and to provide the raw
material also. The company has to pay the labour charges to the convicts and
some maintenance charges to the Prison Deptt. Which may be lower than the
market rate to involve the companies in the rehabilitation process. The
responsibility of logistics arrangements will lie with the company only. The
company has to depute some persons for quality checks.

The company will get the following advantages by BOMP:

1. The infrastructural and overheads like space, electricity, transportation of
workers etc. need not to be arranged that
2. No threat of Strikes of workers.
3. Need not to pay the liabilities of Provident Fund, Gratuity, VRS funds etc.
4. Even have to pay lesser amount as wages in comparison to the market rate.

If all these things then the companies will be in great economic benefit.

The types of benefits the Prison Deptt. and the convicts will get :
1. The Prison Deptt. Will get at least some amount as rent for infrastructural
facilities. At present the Department is investing in that.
2. Some correctional staff can be engaged in these activity and can get
employment.
3. The convicts may get little less wages from the market rates. Suppose at
present the Minimum wages at the market is Rs. 100/- per day per person .
The companies may pay little less say Rs. 80/- per day per convict. In this
manner a convict can earn some handsome amount and that money can be
helpful in supporting them after release. The distribution of money should be
like this:
(1) 40% of the wages earned must be deposit in the convict personal account. (
That money will help the convicts during the sentence and after release)
(2) 25% of the wages as maintenance charges to prison. (At present prison
department is spending on them and will start earning)
(3) 25% to the convict’s family residing outside. (at least families will get some
support for their survival and will be easy in making tie ups with families and
due to the regular visit of family members the rehabilitation process will be
strengthen)

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(4) 10% to the victim of the crime and if the victim is no available then that money
should go to the family of the convict. (For the purpose realization of the crime)

BOMP will benefit five stakeholders.

1. Industry
2. Convict
3. Prison Department
4. Convict’s family
5. Victim of crime

This model can change the traditional picture of prisons and may help in the socio-
economic, cultural development of the convicts. In complete sense the
rehabilitation.

Integrated Offender Management (IOM)

We continuously heard about the development work that has been taking place
over the past few years in the direction of correctional aspects of prisons and
wonder what it actually means. By the IOM the way prisons are functioning will
change. Corrections are the biggest change to the way we do things since
Probation was introduced in the 1880s. IOM is a systematic approach to managing
offenders throughout their whole sentence. All the hard work has been put into
research and development which will give a real opportunity to achieve results.
IOM is a better tool than we’ve had in the past. Through IOM everything has to do
with offenders, from the moment they are convicted until their sentence and are
reintegration into the community, will work effectively to bring corrections. IOM
promotes integration and cooperation among the different groups and services that
includes the departments dealing with the prison, social welfare, justice system etc.
IOM is not an add-on to what we already do for correction but this is a
revolutionary change in the way. By implementing the principles of IOM, anyone
who has anything to do with an offender, no matter what their job is, will be
contributing to the success of IOM. Every time someone handles a piece of
information relating to an offender, even if they never see them in person, their role
in IOM is crucial.

Why things have to change

Trends show that both offending and imprisonment will continue to rise- even if re-
offending reduces. This is because of longer sentences, changes to bail laws, the
potential impact of sentencing review, and an increased number of first time
offenders committing serious offences. Imprisonment is a significant issue because
the punishment given to one offender one time can not be punished for the same
crime according to natural justice system. The approach for correction which has
been adopted by the prisons is not solving the purpose and these are becoming
meaningless day by day. There is no separate plan for each and every convict
from his entrance into the jail, retention and after release. Everything has a cost.

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Even success pays and the failure also takes its cost. So when we make plans for
the reformation, treatment and rehabilitation of convicts it has some cost to the
justice sector, welfare cost, health cost, implementation cost, and victim costs
including loss of quality of life.

Principles of IOM

There are three main things which influence offending after intervention:
• risk
• criminogenic needs
• responsivity

The risk principle

The risk principle says that successful interventions target high risk offenders. Risk
is best calculated using mathematical techniques. Interventions are actually more
likely to succeed where offenders also makes the best possible use of our scarce
resources. The state has to develop some sophisticated tools for assessing
offender’s risk. The RoC- risk of conviction- measures an offender’s future risk of
imprisonment. The RoI – risk of imprisonment- assesses their future risk of
imprisonment.

Offenders at high risk are likely to be considered for intensive interventions, such
as programmes. However, IOM assessment and sentence planning will also plan
for those offenders who will not receive specific interventions.

Criminogenic needs principle

Each offender has a range of needs. Some of those needs will be linked to tyheir
offending. These needs are called criminogenic needs. There is a need to develop
a tool to measure criminogenic needs – the Criminogenic needs Inventory (CNI).
Criminogenic needs include those relating to alcohol and drug abuse, criminal
associates, and violent tendencies. Some could of more significance to an
offender’s behaviour than others.

For example, imagine we have two people with a gambling problem. One gambles
away his house, loses his marriage, loses his friends and his job. He goes
bankrupt. Another loses a lot but finances his habit by borrowing from loan-sharks.
When he cannot meet their demands for repayment he starts stealing from his
employer. Both people could benefit from treatment for their gambling problem.
Only one, however, has a criminogenic need because only one links gambling to
offending.
The responsivity principle

Interventions that match the learning style of the individual offender tend to work
best in reducing offending.

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Part of assessment will try to work out what is going to work for each offender.

Effective treatment is intensive, delivered to groups, and relatively long. It makes

offenders take responsivity for their offending, and challenges anti-social attitudes
and behaviour. Interventions which work best resolve around offence itself. It gives
offenders a clear understanding of what they did and the choices they made.

Responsivity also refers to the offender’s ability to benefit from an intervention.

This includes their motivation to change, and their ability to change. There is no
point in putting offenders through interventions when they won’t or can’t benefit
from them. IOM will enable us to stop doing that.
The people we will be targeting for the most intensive interventions are offenders
with:
• A high risk of future conviction and imprisonment, and
• Evidence of severe criminogenic needs which cause their offending in the
first place.

In other words we will assess each offender to measure these things accurately to
identify offenders with high and severe need. This will help us make sure we make
the biggest impact with the resources we have.

We have to also assess how responsive each offender is likely to be to

intervention, and their motivation to change. Sometimes this has to be worked on
before anything else can be done. For example, someone could need to manage
their drug and alcohol addiction before they can do anything else. However, some
offenders may not be ready to address the causes of their offending behaviour.
Those offenders will receive services to increase motivation and encourage them
to take advantage of their services.

Turning Principle into Practice

This research study emphasis on the principle of “What Works” led to the
underlying philosophy behind IOM. The tools used to put this philosophy in place

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will continue to develop and improve as time goes on, but the philosophy itself will
stay the same.

IOM also recognizes that our decisions about interventions need to be built into our
planning around security classifications, employment skills, at risk identification,
literacy and numeracy, as well as offenders finding jobs and appropriate
accommodation. In short, IOM is about everything we do. Teams of people who
deal with offenders in all areas to the Department need to brought together to
create something practical from this research.

There is a need to develop new ways of doing things, and new tools. There are
now little bit better ways of looking at the offender, the offending, and the factors
leading to that offending, as well as better intervention programmes to reform and
rehabilitate them. It is important that the new processes and interventions are
delivered exactly the way they are designed. The ideas for improvement can
always be incorporated in IOM and these ideas must go through a formal change
process for IOM to retain its integrity.

Scope – risks and needs drive the plan

We need to get an accurate picture of all the risks and needs that should be
managed during an offender’s sentence

It will determine which interventions to use for a particular offender. Sentences

work best to reduce re-offending when an offender’s risks and needs are taken into
account. Each Offender is different. This means offender’s with high risk need
individual solutions to target the factors that lead to their offending.

We must plan in context. There will be other issues to manage. In prison, these will
include security risk, inmate employment, and health and protection issues. In the
community, these will include family relationships, associates and employment,

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income etc. In both we must also focus on reintegration- housing, employment,
income etc. IOM integrates all of this.

Rules drive decisions-rules drives decisions about what happens to

offenders

We are more effective when we target our services at offenders using facts about
that particular category of offenders.

Rules drives our decisions about what happens to individual offenders. What
happens to each offender will be decided by the facts about that offender, and the
IOM response to those facts. This makes us more consistent, and means that one
person or one team’s subjective judgment won’t affect what happens to an
offender. This is a major change from how things have happened in past.

These rules are based on this research which shows what works in changing
offending behaviour. One of the ideas that came out very clearly from the research
was that any services we provide to reform and rehabilitate must be targeted at the
people who will benefit from them. Any service we provide must be based on what
an offender needs, not just on what they want. We now have the means to identify
exactly what each offender needs.

Categories- put people with similar offending needs into categories

We can group offenders with similar management objectives into certain

categories, and then, in turn, target services at these categories.

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For example, offenders with a low risk of re-offending will have a sentence plan
without expensive interventions. They don’t need it, and research shows that
intervention with this particular group should be focused on reintegration.

Plan for entire sentence- entire length of sentence planned until completed

Each individual needs a plan which covers the whole of their sentence. There’s no
point in working with someone intensively for the first two years out of a 10 year
prison sentence, and then doing nothing for the next eight years.

This means that each offender’s plan must cover the entire time from when they
are convicted until their sentence is completed. It must also cover the sequence in

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which needed interventions will be offered to the offender. For example, it is best to
deal with someone’s drug and alcohol problems before we look at improving their
literacy and numearcy. An offender’s sentence plan must cover all contact they
have with all parts of the Department.

Integrated services- integrated, consistent services across the whole

Department

The whole department must follow the same plan for each offender.

This means the different parts – public prisons service, community probation
service, and psychological service- must all treat each offender consistently.

Furthermore, the way staff within the same service treat offenders must also be
consistent. For example, a corrections officer’s interaction with an inmate must be
consistent regardless of the unit or site the inmate is at. This new level of
integration will make us more effective in reformation and rehabilitation.
What IOM is

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With IOM, each offender has to go through four processes when they receive a
sentence:

• Induction
• Assessment
• Sentence planning and management
• Reintegration services
These things will happen throughout the sentence

Induction

Induction means that whenever offenders come into contact with the prison
department, they are informed about what will happen to him. They are also
offered the chance to change. Induction includes any rules and routines they must
follow, and what will happen to them during the course of their contact with
correctional services.

This process can be quite short in some situations. Induction into actual sentences
is a more involved process.

Assessment

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We need to assess the whole person at the start of a sentence to identify what has
contributed to the offending – and which of those factors we can change.

We also need to assess whether the offender is ready and willing to change and to
take responsibility for their actions. We also need to assess – the risk of
imprisonment, of future convictions, of factors which could be potentially harmful
during their sentence, and so on. We also need to assess levels of literacy and
numeracy, whether or not an inmate is at risk in some way, security classification,
and suitability for inmate employment. To ensure the objectivity of these
assessments special tools need to be develop.

These assessments are critical, because the dictate what happens to the person
during their sentence. They form the basis of the sentence plan. If certain tools
show up certain needs, then the rules within IOM dictate what will happen to that
offender. Assessment is absolutely crucial to the success of IOM. That’s where we
look at the whole person to work out their risks and needs. Some people must be
specially trained as assessors.

Sentence planning and management

Some staff must be trained as sentence planners.

Sentence planning means working out what will happen to individual offenders
during the course of their sentences until they are reintegrated into the community.
Every offender with a high risk of re-offending will be assessed and have individual
sentence plan developed. This plan will be monitored throughout the sentence. It
may include specific interventions, but for many offenders this might not be part of
the plan.

A sentence plan could include any of the following

• Therapeutic programmes
• Basic literacy and numeracy skills including employment skills.
• Cognitive skills programmes, including straight thinking
• Alcohol and substance abuse programmes.
• Violence prevention programmes.
• Sex offender treatment programmes
• Treatment for driving offenders
• Individual treatment by psychologists
• Work training and experience
• Reintegrative programmes
• Structured individual programmes to teach skills and address factors in
offending.

Sentence management means recording each offender’s progress against their

individual objectives, and arranging changes to the plan where this is required.
Management does not actually stop until the sentence is complete- which means
that Corrections staff from all areas are likely to be involved.

214
Keeping accurate records is absolutely critical for every sentence completed by
every offender. This is information we can use to :
• Work out what works for that person and what doesn’t, and
• Improve the tools we use in future

The computer system is needed to develop these records, and assist staff to
monitor each sentence.

Reintegration

Reintegration is the final phase of the sentence plan. It is planned for and carried
out for inmates in prison and community based sentences plan and its
management for the offenders to reintegrate into the society.

Measurement of IOM

For each offender, the success of any intervention will be measured against their
sentence plan objectives. For IOM as a whole, re-offending statistics in the long
term will prove that it is reducing re-offending. Two indicators can be develop to
measure IOM

1. Recidivism Index (RI)

Recidivism index to measure its success in reducing re-offending. The RI
will measure re-imprisonment and reconviction.

2. Rehabilitation Quotient (RQ)

With Rehabilitation Quotient we will be able to measure the effectiveness of
all our programmes.

Impact on individual

Everyone who has any kind of contact with offenders has a major impact. Every
time you interact with someone, you affect their attitude or behaviour, whether you
are aware of it or not. Everything you do will either reinforce the plan for that
offender, or undercut it.

**********************************

215
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 ABOUT THE AUTHORS

Dr. A.N. Singh is Reader in the Department of Social Work, University of

Lucknow, Lucknow and also involve actively in the social development process
of the society in large in his own capacity also. A number of research scholars
completed their research under his guidance and he is coordinating the Masters
of Arts Course in Criminology and Criminal Justice Administration since last 10
years in Lucknow University. His number of articles also published in many
journals ofnational repute.

Dr. Mridul Srivastava is PhD M.A.(Criminology),UGC-NET with SRF. He has

about 10 years of working experience in Social Development Sector. He has
worked with many Governemnt and private institutions that has given a good
insight of the subject right from the grass root level to the policy making and its
implementation to him. Presently, besides job, consultancy and other
development activities he is Visiting Lecturer in the Department of Social Work,
University of Lucknow, Lucknow also. His work in the field of Criminology is
remarkable and of International Inputs. This book is an published outcome of his
research work under the supervision of Dr. A.N.Singh.

225