Reformation and Rehabilitation of Prisoners

Reformation
and Rehabilitation
of Prisoners
By
Dr. Mridul Srivastava
Dr. Anup Yadava
2014
© Author
ISBN 978-81-928449-2-3
All rights reserved. No part of this book may be reporduced or utilized in any
form or by any means, electronic or mechanical, including photocopying,
recording, or by any information storage and retrieval system, without
permission from the authors/publishers.
First Published 2014
Printed in India
Published by
WORDSCOPE PUBLISHERS PRIVATE LIMITED
568/9, Kailashpuri,
Alambagh, Lucknow-226005
& Late Sri Narendra Kumar Srivastava Foundation
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Reformation and Rehabilitation of Prisoners
Foreword
Security and discipline are basic requirements of any prison systems.
They are germane to all its activities including those connected with
reformation and rehabilitation of prisoners. Society expects that offenders
in the charge of prison authorities should be kept in safe custody and
incidents of escapes cause serious dissatisfaction among the people. In
recent years such incidents have been reported often and in number of cases
even highly dangerous prisoners have managed to escape from jail custody.
Incidents of indiscipline by the prisoners and serious negligence of duties
and malpractices by the prison ofcials are also taking place frequently. All
these reect deterioration in security and discipline, both of inmates as well
as the staff, in the prisoners.
Too many of us till regard disease and death as visitations, scourges
and retribution for past misdeeds, and our attitutde to crime and criminals
is not much different-we are either completely indifferent or complacently
self righteous. Yet the problem of crime is a vital part of the whole problem
of socioal reconstruction, and the proper treatment of the cirminal must
accordignly be considered as an integral part of the great question.
We are apt to miss the actual signicance of what both in common
parlance and in our Penal Code, is termed 'Crime'. If we remind ourselves
that more often than not what we call crime consists in the breach of certain
social conventions, and that such contraventions or breaches are but the
symptom and effect of social maladjustment, we shall cease to regard crime
as a thing by itself, foreign and extraneous to human society. We shall then
learn to regard the person whom we stamp as a criminal, not as an intrinsically
malignant force, as a self-willed and self-made enemy of society-to be dealt
with harshly, savagely, by menas of physical and moral humiliation, to be
broken or destroyed-but rather as a victim of circumstances over which in
i
most cases he has had no control, social disapprobation for breach of social
conventions can be visited on the offender in such a way that, while it brings
sufciently home to him the nature and consequences of his lapse, it may
still do so without destroying in him the possibility of becoming a normally
self-respecting and useful citizen. That is the central thesis of this book.
There is no such person as a 'born' criminal, but there is such a person
as a conrmed criminal: the paradox being explained by the fact that the
conrmed criminal is not born, but is mostly made by society, and upon
society devolves his appropriate treatment. If instead of calling such a man
a' criminal type' we called him the prison type 1 we should be getting much
nearer the truth, and beginning to understand the real obligations of society.
However, enlightened a prison system may be, no prisoner emerges quite
the same as he went in He is like a cripple beginning to work, whom the
slightest push bowls over.' And in all conscience the treatment of criminals.
including political ones) in India, jails is far from enlightened, based as it is
largely on the theory of subduing and controlling the spirit of the convict
by constant physical and moral humiliation.
The spirit in which the author visualizes the problem of punishment
or correction is that of the doctor treating his patients, not looking upon the
criminal as beyond the pale of humanity, but considering him as a being
who can - and must as far as humanly possible - be reclaimed and won back
to normal ways.
From the problem of the manufacture of criminals the author turns his
attention to the equally grave problem of the reformation of the criminal.
Ten men may commit ten similar thefts, but the motives or the circumstances
in each case may be quite different. Why should all the ten expiate the crime
in the same way? Why should not each of them be given a chance to turn
over a new leaf, and those of them who prove themselves t be allowed
once again to become useful members of society? An honest man with a
family to support, unemployed through no fault of his own and driven by
hunger to steal a hundred rupees, and a petty' gambler rsorting to the theft
of a like amount, have only technically committed the same offence. But
the State treats them exactly alike in dealing with them as offenders. Two
men suffering different ailments are dosed with or two or one? And yet, if
the State cannot give such an assurance the bottom is knocked out of the
present theory and practice of punishment. What justicaton can there be
for maintaining a system which, apart from imposing a heavy burden on
the taxpayer, is based on theories which have in principle no validity, and
in practice no value whatever?
ii
Such considerations have led the author to discuss, with regard to

their adaptability, methods already used in many civilized countries by
which criminals are carefully sifted and classied into various categories,
and appropriately dealt with for the purpose of reformation.
The author has lucidly pointed out that the problems of penal reform
are only a part even though a vital part of the larger struggle towards
reforms and regeneration upon which India is so strenuously engaged.
That indeed is a self-evident proposition. Author has critically analyzed all
the aspects of criminology and issues related to prisons and prisoners. This
book will indeed help both research scholars as well as all those who are
related to criminal justice system.
(R.P. Singh)
A.D.G. Police &
Inspector General of Prisons
Uttar Pradesh Lucknow
iii
iv
Preface
The main plea for this book lies in the state of public opinion in
India towards crime and the criminal. The study of crime in India has in
the past been approached mainly from the administrative point of view.
Generally speaking, the sociological aspects of crime and the criminal have
received only secondary consideration. Governments have been inclined
to look upon their Prison Departments as purely punitive addenda to their
administration of law and order. In times of nancial stringency the prisons
have been the rst to suffer, and experiment, even involving the smallest
sums of money, has been discouraged. At the same time, public opinion
in. India has been almost totally indifferent to the problems centering
round the treatment of the criminal. Indian public men and politicians
have concentrated their energies on wider and more important problems
of political evolution, and have only had their attention called to the prison
system generally obtaining, when they themselves have transgressed the
law, and found themselves conned as political prisoners. But even though
during the last few years there have been many complaints about prison
buildings and prison diet, the questions so raised have in no way touched
upon the main problems which face the prison administrator; for most of
such complaints have dealt with the upper grades of prisoners, and not
with the common criminal. As a natural consequence, crime has been
nobody's concern in India except, of course, that of the administrator and
the jail staff.
One of our main objects, therefore, is to show that the treatment of
the criminal in India lags far behind the systems adopted and operating
successfully in the west. It has been said' that one of the add tests of a
country's civilization is its attitude towards crime and the criminal. A purely
punitive or so-called deterrent system of punishment has now been proved
to be socially wrong and nancially wasteful. A prison system is a corollary
of a judicial system, and a judicial system, to be worthy of respect, to secure
obedience to laws, and to maintain security for life and property must be
humane, progressive, and enlightened. It is unfortunately all too true that
at the present moment India possesses a system of prison treatment which
is in the main based upon old ideas. In origin, it accompanied the Indian
Penal Code, which, excellent though it was at the time when it was drawn
up, cannot be said to have advanced side by side with the general progress
of sociological thought. The Code was framed at a time when a universal
standard of law and order was essential for the foundations of any stable
v
sort of government at all. It was stern, but it was capable of country-wide

application. The evil-doer knew where he stood: there was the law, and
there were the penalties for breaking it. The early British administrators
in India had not the time, even if they had had the knowledge, to make
provision for different types of criminals, for the psychology of crime
and for the ethics of punishment. The laws came down from an efcient,
concentrated Government authority; they were to be obeyed and some
kind of order was to be evolved from chaos.
At the time, then, when the present prison system of India was
inaugurated, there was every excuse for deciencies and shortcomings.
The Victorian administrator knew little and often cared less for modern
social science, and the lead which he gave to India has been one which has
not been lightly abandoned. Even today, there are Governments in India,
and Government ofcials, who have inherited an attitude towards crime
and the criminal which would not be tolerated in any western State.
It is thus essential for the far-reaching constitutional changes in India
that some sort of lead on this subject should be given. There is a danger that,
in the rst enthusiasms of responsible government, Indian statesmen and
politicians may be content, in some respects, to follow along the old lines
in order that admittedly more important problems, and problems dearer
to their hearts, may be brought into the limelight, discussed and solved.
It is easy to imagine a Provincial Assembly concentrating on agriculture,
irrigation, economics and education, and it is easier still to imagine the still
small voice of the prison reformer being lost in this roar of interests. But
some one, sooner or later, must tackle the questions.
People in authority today should realize the urgency and importance
of the problem. Such realization can only be made fruitful if theory is
combined with experience of what is practical and possible. If much of what
we have to say seems elementary or destructive, it must be remembered
that where ignorance is so wide spread, it is essential not only to get rid of
old fashioned erroneous ideas, but also to inculcate the new doctrines in
simple, straightforward, convincing syllogisms.
That these warnings and explanations are necessary is obvious from
one fact and one fact alone, about our prison system in India. Our prison
departments are the only ones in which an ofcer is allowed to enter on his
duties without any previous training or preparation. It has been assumed
that a warder, a jailor, or' even a Superintendent acquires in some mystical
fashion a complete knowledge of his very complex and difcult duties on
vi
the very rst day that he assumes his responsibilities. This is bad enough,
but it is, perhaps, even more alarming to remember that these ofcers have
in practically every case complete condence in their ability to deal with
one of the most complicated and technical problems that faces humanity.
As long as public opinion in India is content to have the criminal handled
by this body of well-meaning and honest ignorance, so long will crime
in India and the punitive system be matters involving a vast waste of
public money and expenditure of useless effort, and, what is much more
important, a never-ending drain of unreclaimed and derelict offenders.
Apart from these material considerations, there is, as we have mentioned
before, the purely ethical and sociological obligation to treat crime as the
doctor treats disease - the production of health by preventing disease, or the
saving of the criminal by preventing crime. We must add, of course, that all
the views and opinions ex pressed are entirely personal and made on our
own responsibility.
At the completion of arduous work it gives pleasure and satisfaction
when the stage of writing Gratitude and Acknowledgements is achieved.
We are thankful to our parents, teachers, friends and family members
because without their blessings we would not be able to bring our thoughts
in the form of book. Our special gratitude to our close friend, guide and
philosopher Dr. Sharad for providing all kinds of support in assessing and
gathering the primary data from different jails. Our any work on prison is
incomplete without the inputs and support of Dr Sharad and Sri K.B.Joshi.
A research scholar in the eld of criminology Mr. Nitish Kumar Soni is
always there to learn and support us in all our academic endeavours.
Lucknow Dr. Mridul Srivastava

Dated: 31st May, 2014 Dr. Anup Yadava
vii
viii
Glossary of Key Terms Used
Active management Skilled and knowledgeable staff use every contact

with each offender to have a positive inuence on
that offender’s specic risks and needs.
Assessment This formal process evaluates an offender’s risks
and needs, using tools to make sure that assessment
is objective and scientic.
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 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 identied 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.
ix
Rehabilitation Rehabilitative activities seek to train, educate and

inuence 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 identied social or
lifestyle problems facing that offender- problem
which is likely to lead to re-offending following
release. The focus of reintegration is towards a
specic problem, rather that 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. 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.
x
Contents
Page No.
Chapter I Introduction 00
Chapter II Historical Overview of the Prison System in India 00
Chapter III Change and Challenges of the Prison System in India 00
Chapter IV Concept of Human Rights of Prisoners in India 00
Chapter V Punishment System under Indian Laws 00
Chapter VI Correctional Administration in India 00
Chapter VII The Model Jail, Lucknow, Uttar Pradesh – A Unique 00

Experiment for the Reformation and Rehabilitation
of Prisoners
Chapter VIII The Path Ahead – Blue Print for Future 00
Further Readings 00
xi
Introduction
Chapter - I
Introduction
“Crime is the outcome of a diseased mind and jails must have an environment of hospital
for treatment and care .... An eye for an eye would turn the whole world blind.”
- Mahatma Gandhi
"The task of rehabilitation is only partly achieved when an offender begins to realize
why he got into trouble in the first place, and really wants to do something about it. In
addition, he has to make a reasonable adjustment to the social environment in which he
is to work and live."
- Myrl E. Alexander
Prisons have massive forbidding walls and heavy iron gates. What
goes on inside? There is something sinister about them for a layman. Law
and punishment are necessary for any civilised existence. They serve as
deterrents. Prisons are also necessary institutions for any organized society.
Normally, a man is upset at the sight of a criminal. He is dangerous. He
should be dealt properly and should be kept behind bars for a long time. He
should be punished, brandished, flogged and whipped. He should be made
to realise his guilt. He should repent and pay for his crime so that others
will not follow his path. A rightful reaction, but does it help? Society must
be protected from criminals. Decent law-abiding citizens must be provided
security of life and property from law-violators. The twin objectives of
preventing crime and protecting society have to be achieved. How best
can this be done? By more rigorous laws, by more massive walls of jails
and by keeping them out of circulation permanently. But rigorous laws,
stringent punishment, larger jail terms, do they really protect the society?
Every man who goes to a prison comes back sooner or later as soon as
his legal sentence is over. He comes back as what? A confirmed criminal?
A man who is de-humanised by brutal force? Or a man who is reformed.
Therefore, the most important thing is what happens to him when he is
inside the prison. Has he changed for the better? Has he been reformed? No
protection to society is guaranteed unless this happens.
Persons who work with prisoners know that it is not physical
punishment, it is not brute force, it is not solitary confinement, nor hard
labour which corrects a man. We have somehow to go deeper and touch
the core of the offender’s mind, heart and spirit. Unless this is done, a man
does not change his ways. Then, how to achieve it? He is an individual, so
1
different from the others, with a different set of background, mental make-
up, with different reaction to various situations. We have to understand
him as a ‘person’, as a human being, find out what has gone wrong with
him, his family, his environment, which have led him to prison. He is a
victim of his circumstances, of his passion or rage or madness. Only by
individualising his case, can we suggest a proper diagnosis and treatment1.
If rehabilitation of an offender is the intention, return to society the
goal, useful citizenship is the aim, then it is essential in the interest of social
security that the man be trained and tested before being let loose. It is
therefore reasonable to put the man to conditions of life where opportunities
to misbehave, and misuse are many and repeated. To teach and test them
to be right, they must be given an opportunity to do wrong. To teach them
to be punctual, they must have appointments to be late. To teach them to
be honest, just and kind, they must have occasions to be dishonest, unjust
and cruel.2
The classical school of criminology, as set forth by Bentham and
Beccarria, maintains that man is a rational being with complete free-will
and so is totally responsible for his actions. The neo-classical school holds
that while the criminal freely chooses to commit a crime, there are certain
categories like children, insane who cannot distinguish right from wrong.
While much of modern criminal law is founded on neo-classical principles,
modern corrections, with its probation, parole and rehabilitative treatment
of criminals, reflects the scientific view of the positive school that crime
has causes3. Ferri in his Criminal Sociology holds that certain causes can
affect criminal behaviour and that, while the individual is not necessarily
responsible for his crime, he is accountable for it to a society whose interests
transcend those of the individual. Modern penology is based on this
principle4.
Starte O.H.B (1933) in his work stated that there are three major causes
of delinquency5:
1 Prisons in India (1969) Ministry of Information Broadcasting and Communication,

New Delhi for the Department of Social Welfare, pp 1-3
2 Raj, A.S., (1956) "The Philosophy of Open Penal Institutions" The Journal of Correctional
Work, The Government Jail Training School, Lucknow, Vol III, pp 69
3 Taft, D.R., and England , R.W (1964) Criminology, N.Y., MacMillan pp 61-62
4 McLaren David (1973) “Cons, Hacks and Educated Screws – The Prison Politics of
Discipline and Rehabilitation”, Canadian Journal of Criminology and Corrections,
Vol. 15, No 1, PP 26
5 Starte O.H.B (1933) "Reformation of Offender in India: A Handbook for the use of
workers amongst delinquents in India" Government Central Press, Bombay, pp 2-9
2
Introduction
1. Hereditary
2. Environmental Circumstances
3. Belonging to the delinquent's own state of body and mind
Heredity Causes - abnormalities are inherited
- ill health
Environmental Causes - Poverty and Overcrowding
- Lack of Compulsory education
- Gambling
- Unemployment
- Defective Family Relationship
- Defective Discipline
- Vicious Influences
- Companions
- Cinema
Belonging to the delin- - Physical Weakness
quent's own state of body - Defects in Intellect
and mind - Lying
Prison Doors swing both ways. Since most incarcerated persons will
be free to walk the streets again, the community cannot afford to look
upon prison as an "out-of-sight, out-of-mind" junkyard for human failures.
In 1938, the late Donald Clemmer, sociologist and for 19 years director
of the District of Columbia, Department of Corrections, coined the word
"prisonization". It refers to the assimilation of prisoners into the folkways,
mores, customs, and general culture of the prison community. In those
days, custody and control were the primary goals of most institutions.
Strict regimentation of eating, sleeping and working destroys that feeling of
individual worth and sense of responsibility among prisoners which is so
essential to an eventual adjustment to the outside community. Twenty-five
years later, Clemmer introduced the term "correctionalization" to depict
institutional programmes designed to combat and counteract prisonization.
Correctionalization in cludes not only the improvement of an inmate's
personality, character, and work skills, but also reciprocal relationships and
communications between the institution and members of the free society6.
The prison is an institution of the state which consciously maintains
opacity by regulating its interaction with civil society. Imprisonment as a
mode of dealing with offenders has been in vogue since time immemorial.
Though the foundations of the contemporary prison administration
in India were laid during the British period, the system has drastically
6 Sard Thos R (1967) "Contact with the Free Community is basic if Institutional
Programmes to succeed", Federal Probation, pp 3
3
changed over the years, especially since the dawn of Independence in

1947. Prison as an institution has moved much on the ladder in view of
national-international human rights instruments and covenants together
with the policy framework adopted to underline human face in processes of
imprisonment and punishment. Apart from the native genius, which finds
its expression in the Fundamental Rights and Directive Principles of State
Policy enshrined in the Constitution of India. new ideas and correctional
practices in various countries have considerably influenced the texture of
prison reforms and prisoners’ status in the country.
The issues of prison governance and the practices of reform in prison
are crucial aspects through which the character of the state finds expression.
India shares a universally held view that sentence of imprisonment would
be justifiable only if it ultimately leads to the protection of society against
crime. Such a goal could be achieved only if incarceration motivates and
prepares the offenders for a law abiding and self-supporting life after his
release. It further accepts that, as imprisonment deprives the offender of
his liberty and self-determination, the prison system should not be allowed
to aggravate the suffering already inherent in the process of incarceration.
Thus, while certain categories of offenders, who endanger public safety,
have to be segregated from the social mainstream by way of imprisonment.
All possible efforts have to be made to ensure that they come out of prisons
as better individuals than what they were at the time of their admission
thereto. In fact, according to Foucault, the emergence of prison as the form
of punishment for every crime grew out of the development of discipline
in the 18th and 19th centuries. He further looks at the development of
highly refined forms of discipline, concerned with the smallest and most
precise aspects of a person’s body. Discipline, he suggests, developed a
new economy and politics for bodies. Modern institutions required that
bodies must be individuated according to their tasks, as well as for training,
observation, and control. Therefore, he argues, discipline created a whole
new form of individuality for bodies, which enabled them to perform their
duty within the new forms of economic, political, and military organizations
emerging in the modern age and continuing till today and thus despite
humanitarian movements prison still comes with signifiers more in the
domain of deterrence and prevention.
Needless to reaffirm that we all are living through difficult times
and in many ways our lives are destined to move towards an end the day
we become silent about things that matter and hence we would like to
contextualize the theme through a poem- A Prison Evening by Faiz Ahmad
4
Introduction
Faiz.
Each star a rung,
night comes down the spiral
staircase of the evening.
The breeze passes by so very close
as if someone just happened to speak of love.
In the courtyard,
the trees are absorbed refugees
embroidering maps of return on the sky.
On the roof,
the moon - lovingly, generously -
is turning the stars
into a dust of sheen.
From every corner, dark-green shadows,
in ripples, come towards me.
At any moment they may break over me,
like the waves of pain each time I remember
this separation from my lover.
This thought keeps consoling me:
though tyrants may command that lamps be smashed
in rooms where lovers are destined to meet,
they cannot snuff out the moon, so today,
nor tomorrow, no tyranny will succeed,
no poison of torture make me bitter,
if just one evening in prison
can be so strangely sweet,
if just one moment anywhere on this earth.
It is in the context of the preventive and reformative approach

pertaining to rehabilitation of prisoners, which we aim to contextualise
in view of the contemporary critical reality as also within the theoretical
frames. The search for a new approach in the 21st Century has as many
meanings as there are moral and social philosophies, and academic opinion
ranges over the entire spectrum. Some important voices think justice is only
the symbol of an irrational hope whose function is to arouse the emotions
of creatures addicted to self-deception, while at the opposite extreme are
the contemporary adherents of classical natural law realism. In view of the
5
general abandonment and criticism in contemporary moral philosophy of

emotive positivism, its invalidity should not deter us in underlining that
deterrence has outlived its utility and a new approach highlighting the Just
part of justice is a meaningful expression today more than ever before. The
new approach must intend to and deal with justice through the forgotten
portals of human values. Probably this is what Neeli Cherkovski meant
when he wrote A Prison Poem
I wrote for love
but love was lost
I wrote for freedom
but it is just a word
I wrote for dignity
but it belongs only to the rich and powerful
I wrote for God
but he was not home
The public execution was the logical culmination of a procedure
governed by the Inquisition. The practice of placing individuals under
observation is a natural extension of a justice imbued with disciplinary methods
and examination procedures is what Foucault also argues. He adds further
that the idea of reform entails making a prisoner into a normal citizen, fit to
return to life in society. However, in the practice of reform, emphasis gets
misplaced and mislocated and the reformative practices become strategies
of control, dominance and surveillance alone. The programme of reform
then becomes a site for exercising arbitrary control over the prisoners as the
facilities for improving the material conditions of prison life are granted
arbitrarily. Since prison administration and rehabilitation of prisoners have
a direct bearing on the improvement of the quality of life of those who
deviate from the accepted social norms, the development of prisons shall be
pursued as an integral part of the national development plans. Despite all
best intentions of the government, there are numerous questions on prison
reforms, reformative approaches, rehabilitation methods; conditions of
prisoners in prison and after release are yet to be answered in the changing
socio-economic realities of the society.
Crime and punishment both are interlinked processes and these given
below points need to be taken into consideration before making any policy
for the criminal justice system. These points are:
1. Crime has a legal as well as sociological definition. Legally, crime is
to act against law. Sociologically, crimes are conducts harmful to the
society.
6
Introduction
2. Study of crime must be done scientifically and objectively with the use
of empirical data and grounded theory.
3. Crime can only be completely understood and effectively dealt within
cultural context. How criminals, victims and society perceived and
received crime depends on cultural meaning assigned and feelings
evoked.
4. Criminals are not born evil but a product of their social environment.
People are born into pre-existing roles and relationships which affect
their outlook and determine their action.
5. Prisons should not be an institution of punishment, but a place to
reform offenders.
6. Prisoners should be treated individually. Collective treatment and
punishment of prisoners with uniform rule, identical policy and fixed
regulation will not be effective in reforming prisoners, who suffer from
different personalities, labour under disparate life circumstances, and
offend in unique situations.
7. Prisons should be staffed by social workers schooled in treatment of
sick people and not prison guards specialized in the punishment of
offenders.
‘Rehabilitation’ means literally ‘re-enabling’ or ‘making fit again’ (from
the Latin rehabilitare). In the prison context it means readying prisoners to
rejoin society, as useful and law-abiding members of the wider community.
It was pointed out to us in evidence that ‘rehabilitation’ can be a misnomer,
because many prisoners have never been ‘habilitated’ in society in the first
place. The core purpose and measure of rehabilitation must be to reduce
re-offending. However, a reduction in re-offending can only be achieved
through a rehabilitative strategy which reintegrates offenders into society
by giving them the opportunity and assistance needed to reform. Riots,
work stoppages, hunger strikes in prisons across the nation have opened
the eyes of even the most myopic to the shocking and degrading physical
conditions to which prisoners are subjected. Protests behind the walls
when heeded and acted on by outside agitators have historically been the
only significant factor in calling public attention to the prisoners plight and
wresting from the prison any sort of ameliorating of conditions.
Largely due to the activities of convicts themselves conditions in prisons
have gained public attention. One hears the prisoners’ vivid descriptions
of rotting food, cells infested by cockroaches, gross medical neglect- all
confirmed by occasional official inquiries and reluctantly acknowledged by
7
prison administration.7
The aim of the criminal justice administration is the effective reduction
of crime and protection of society. The fourth component of the criminal
justice system i.e. prison administration has to play a vital role in this
regard. As many prison officials often say that “Prison is a place where all
types of criminals are kept altogether. One criminal who is not convicted
creates a lot of problem for the society so think about the condition where
all such criminals are living together.”
We all know that criminal statistics are mainly figures and rarely
connotes facts. What is the difference between the two? We can afford
to be simple and say that statements of facts express realities which
, if experienced, would have a larger measure of agreement between
observers. We then tend to call these facts “objective” although they may
tell us less about the object than about our subjective evaluations, albeit
intersubjectives one8.
Prisons in India
In 1965 there were only 911 prisons (Central Jails-58, District Jails-181,
Subsidiary Jails-625, Model Jails-3, Juvenile Jails-2, Open Jails-17, Special
Jails-16, Borstal schools-9) in India9. The official data of the Ministry of
Home Affairs, Government of India reveals that the total number of prisons
increased from 1058 jails in 2000 to 1394 Jails in 2012. 336 New Jails were
added to the prison infrastructure of the country.
Total Number of Jails in India
Year Central District Sub Women Open Borstal Special Other Total
Jails Jails Jails Jails Jails Jails Jails Jails
2012 127 340 806 20 21 46 31 3 1394
2011 123 333 809 19 44 21 30 3 1382
2010 123 322 836 18 44 21 26 3 1393
2009 119 321 832 18 32 NA NA 52 1374
2008 114 313 830 18 32 NA NA 49 1356
2007 113 309 769 16 28 NA NA 41 1276
7 U.S. President Crime Commission, Task Force Report Corrections (Washington D.C.
1997)
8 Mohr, J.W. (1973) Facts, Figures, Perceptions and Myths – Ways of Describing and
Understanding Crime, Canadian Journal of Criminology and Corrections, Vol 15 No
1, pp 42
9 Prisons in India (1969) “Some pressing problems for Future Development of Prisons”
Ministry of Information Broadcasting and Communication, New Delhi for the
Department of Social Welfare, pp 5
8
Introduction
2006 111 293 852 15 27 NA NA 38 1336

2005 109 284 849 14 27 NA NA 45 1328
2004 107 270 686 14 26 NA NA 44 1140
2003 107 268 678 14 26 12 25 10 1140
2002 105 269 677 13 NA NA NA 71 1135
2001 98 266 671 13 NA NA NA 71 1119
2000 90 256 635 14 21 12 20 10 1058
Source:- National Crime Records Bureau’s Publication “Prison Statistics 2000-2012”
Prisoners in India
Although to predict exact number of prisoners at one point of time is
difficult and it cannot be accurate too because the prisoners who complete
their sentence or who get the bail from the court are released on daily basis.
In 1965 there were 3,00,000 prisoners in all 911 prisons. Progress is also
made in this regard too. The maximum number of prisoners were in the
year 2008. A picture of the Prison Population during last decade is given
as under:
Total Number of Prisoners in India
Year Convicts Under Trails Detenues Others Total
2012 127789 254857 1922 567 385135
2011 128592 241200 2450 684 372926
2010 125789 240098 2325 786 368998
2009 123941 250204 2232 592 376989
2008 123307 257928 2978 540 384753
2007 120115 250727 4687 867 376396
2006 116675 245789 2275 9077 358368
2005 108572 237076 2542 10178 358368
2004 98527 217130 4491 11243 331391
2003 91766 217658 4008 13087 326519
2002 82121 223038 4832 12366 322357
2001 75663 220817 3510 13645 313635
2000 63975 193627 3580 10897 272079
Source: National Crime Records Bureau’s Publication “Prison Statistics 2000-2012”
Barriers to Reintegration
Imprisonment has always been a profound experience for persons
convicted of crimes. There are prisons that are better or worse than others,
and ones that offer a decent amount of programming and concern for well-
being. Ever since the inception of the prison, though, isolation from family
and community, and the dehumanization that is an inevitable element of
incarceration, have been defining aspects of the institution. We can debate
9
whether imprisonment is necessary or appropriate in any particular case,

and that is a perfectly reasonable discussion, but the conditions under
which offenders are imprisoned and the circumstances under which they
return to the community affect all prisoners and the society to which they
return10.
Once a prison term is completed, the transition back to the community
is almost always laden with difficulty. What in many cases is a situation of
limited connections with the world of work becomes even more problematic
with the stigma of imprisonment attached to former offenders. And
particularly in an economy increasingly diverging into a high skills/high
technology sector and a broad low skill service economy, few offenders
have promising prospects for advancing out of the bottom rungs of the job
ladder.
While these barriers to reentry have always been onerous, public
policy initiatives of recent years have made this process considerably more
challenging. This has been the result of the complex ways in which “tough
on crime” political rhetoric has translated into social policy. Beginning in
the 1970s, and continuing much more vigorously in the 1980s and 1990s,
policymakers at all levels of government have enacted a series of changes to
sentencing policy designed to incarcerate more persons and to keep them
in prison for longer periods of time. Caught up in the “get tough” rhetoric,
policymakers have had to expand their reach beyond just sentencing
enhancements, and have enacted a new generation of collateral sanctions
that impose serious obstacles to a person’s life prospects long after a
sentence has been completed11.
There are dual goals of Rehabilitative framework:-
1. Offender Risk Management
2. Increase Offender Capabilities.
In India, particularly the safety and security of prisoners and daily
Bandobast of meetings, clothes, food, admission and release etc. are the
biggest challenge before the prison administration. Although these daily
Bandobast things in the prison also bring prosperity for some of the
prison officials too. This is another hard truth that whether they have time
to work for the correction, reformation and rehabilitation programmes.
10 Mauer Marc (2004), WALTER C. RECKLESS MEMORIAL LECTURE "Thinking

About Prison and its Impact in the Twenty-First Century " OHIO STATE JOURNAL
OF CRIMINAL LAW [Vol 2:607
11 Ibid
10
Introduction
Some prison officials says that these are fancy terms and no change can be
brought among prisoners so there is no need to run such programmes.
Initially the strategy for the punishment system in primitive society
was retribution and deterrence and the focus was on the elimination
of wrongdoers. Then in 19th century, in the first half the approach was
preventive (imprisonment) and later on the approach has shifted towards
reformation, rehabilitation and community based treatment programmes.
With the changing perception towards prisoners, prisons are no longer
regarded only as a place for punishment. Instead, they are now being
considered as reformatories. As a result in some states the name of the
prison department changed and renamed as Department of Corrections.
Greater attention is being given to ameliorate the conditions in jails so that it
has a healthy impact on prisoners and a positive attitude can be developed
among prisoners.
In the era of reformation and rehabilitation the role of prisons has
changed and prisons are now the treatment centers and place of correction.
The education, training and experience of the prison population will
determine the quality of the reformative programmes. Rehabilitation
planning of prisoners is the process of developing and determining
objectives, policies and programs that will develop and utilize the skills
of the prisoners so as to achieve economic and other goals. In other terms,
the goal of the reformation and rehabilitation schemes is to reintegrate
the prisoner in society after release. However excellent may be the state
of technology in an organization, unless suitable climate is created by
pursuing and implementing reformation and reintegration policies and
plans in which the prisoner is motivated to give its best to the society, the
objectives and plans of the organization can not be achieved. The goals
of the rehabilitation and reformation can be categorized into different
categories like intermediate and ultimate goal, specific and general, social
and individual, dynamic and static, long term and short term goals. The
correctional institutions are less willing to underwrite the cost of providing
decent conditions and rehabilitative programmes because in fact the after
care schemes are not running properly and there is also absolutely no
follow up of the conditions of the prisoners who were released from prison.
The state is not bothered about their employment, social tie up and shelter
etc. The financial support and other assistance needed by the correctional
institutions for after care programmes are denied. Commitment to prison
would become a beneficial act for the offender only if it helped him to a
better future life. The “Sick Model” of the management of offenders has
11
never been tested in correctional fields. Thus, there is little hard evidence
either for or against its usefulness in rehabilitating offenders12.
Research in the problem of crime in India has not yet made sufficient
advance. The immediate task is to change or modify existing policies and
programmes in order to adjust them to new objectives which seek to protect
the interest of society and achieve a total rehabilitation of the offender.
Crime is stimulated by conditions prevailing in society and it is due to
personal and psychological factors. Economic conditions have always
been a factor contributing to crime. Intensive surveys to study the causes,
nature and extent of crime should be undertaken by research organisations,
universities and other private agencies. The treatment of the crime problem
is intimately related to the nature of legislation, and the approach of the
judiciary to crime. So far there has been no basic approach towards the
various problems of correctional administration, but a number of useful
steps have been recently taken by States and there is growing interest in the
reform of penal administration.
The problem of correctional administration has to be dealt within
three stages : the pre-committal stage ; the administration of correctional
institutions; and probation and after-care. The principle that no person
should be considered an offender till he is proved guilty should govern
the treatment of accused and under-trial persons. The administration of
police lock-ups and jails needs to be reviewed in the interest of the proper
treatment of the inmates of the lock-ups. Special care must be taken when
first offenders are committed to jails, so that no serious psychological harm
is done to them. The administration of correctional institutions is governed
by jail manuals. A recent conference of State Inspectors-General of Prisons
has proposed the appointment of a committee to suggest the basis on
which jail manuals may be revised to suit the new objectives, methods
and programmes of correctional institutions, remove the inflexibility of
rules, and permit greater freedom to the authorities on the spot to interpret
sympathetically the rules so as to serve the objects of rehabilitation. Changes
in the jail13
12 Report of the Advisory Committee on After-care Programmes, Central Social Welfare

Board, Govt. of India, New Delhi.
13 Report of the United Provinces Jail Reforms Committee. 1946, Q. p. 54
12
Introduction
In the Words of Girish Patel: A Model Jail Prisoner

lekt esa iquokZlu dk fo"k; ,d laosnukijd fcUnq gS ml ij Hkh cUnh iquokZlu dk
dk;Z rks ,d vfr nwjxkeh ifjiDo lksp ls mn~/k`r gksrk gS A LoLFk lekt dh lajpuk ewyr%
pkj LrEHkksa dh yksdrkaf=kd O;oLFkkvksa ij fufgr vk/kkfjr gS A ftlesa fo/kkf;dk dks loksZPp
izkFkfedrk iznku dh xbZ gS A oSls rks fo/kkf;dk ds lkFk dk;Zikfydk] U;k;&ikfydk vkSj
i=kdkfjrk ,d ekyk ds eudksa dh Hkkafr ,d&nwljs ls bl izdkj xqFks gq, gaS ftlesa ,d ds fcuk
nwljs dk dksbZ vfLrRo gh ugha gS vkSj ,d&nwljs ls tqM+dj ;g lekt ds fy, ,d mRrjnk;h
O;oLFkk dks iwjk djrs gSaA lekt dh yksdrkaf=kd O;oLFkk esa fo/kkf;dk ds vUrxZr tuer
fufgr gksus ds dkj.k bls loksZPp izkFkfedrk iznku dh xbZ gS vkSj blh tuer dh laosnuk
ds dkj.k gh iquZokl lEcU/kh dk;ksZ@dk;ZØeksa tuuh ekuuk vuqfpr ugha gS RkFkk yksdra=k ds
vU; rhuksa LrEHk bl iquZokl :ih vkd`fr dks J`xkaj;qDr cukus dh egRoiw.kZ ftEesnkjh dks
iwjk djrs gSaA blh fo/kkf;dk ds izknsf'kd 'kh"kZ ds :i esa bl ns'k dh vktknh ds i'pkr mRrj
izns'k ds nwljs eq[;ea=kh ds :i esa Mk- lEiww.kkZuUn th us bl lekt dh dkfyek le>s tkus
okys vkdfLed vijk/k dh ifjf/k esa vk;s bl cUnh oxZ ds izfr laosnuk ;qDr fpUru djds
;g eglwl fd;k Fkk fd bl oxZ dks Hkh ,d ckj iqu% lekt esa iquLFkkZfir gksus dk volj
fn;k tk; rkfd bl ckr dk Hkh voyksdu gks lds fd ftl lq/kkj ds mn~ns'; ls geus bUgsa
ltk dh lhek dks j[kus dk izko/kku fd;k gS ml ltk dk Hkksx djrs gq, vPNs vkpj.k ds
cfUn;ksa ds fdafpr lq/kkj Hkh gks jgk gS vFkok ughaA ;gh ij[kus ds mn~ns'; ls y[kuÅ ds
izkphu dsUnzh; dkjkxkj dks vkn'kZ dkjkxkj ds :i esa rCnhy djds ge cfUn;ksa dks iquokZflr
djus dh vfHkuo ;kstuk,a 'kq: dh xbZ FkhaA ftlesa ek- mPp U;k;ky; }kjk fuf.kZr cfUn;ksa
dks lkekftd :i ls iquokZflr djus ds mn~ns'; ls mUgsa 15 fnu ds x`g vodk'k dh lqfo/kk
rFkk vkfFkZd :i ls iquokZflr djus ds mn~ns'; ls Lojkstxkj dh ;kstukvksa ls larÌr fd;k
x;kA bl izdkj dh iquokZlu ;kstukvksa dk ldkjkRed ifj.kke Hkh vkids le{k gSA bUgha
;kstukvksa ds voyEcu ls ge vkn'kZ dkjkxkj ds cfUn;ksa ds ikfjokfjd vkSj lkekftd fj'rsa
izxk<+ gSa rFkk vkfFkZd izxfr Hkh orZeku lekt ds lkis{k gSA blds foijhr dsUnzh; dkjkxkjksa
esa tgka ij bl izdkj dh iquokZlu dh lqfo/kk,a ugha fey jgh gSa ogka ij cfUn;ksa ds ifjokj
fo?kfVr gks jgs gSa rFkk vkfFkZd leL;kvksa ds dkj.k vkRegR;k;sa djus rd dh ukScrsa vk jgh
gSaA
,sls esa iquokZlu lqfo/kkvksa esa vkSj mnkjhdj.k dh vko';drk gSA yEch ltkvksa
dk miHkksx dj pqds lHkh dkjkxkjksa ds fdUgha Hkh vk;qoxZ ds cfUn;ksa dks iw.kZ :i vFkok
v/kZ j{kkRed :i ls le; iwoZ fjgk djsaA mUgsa lekt esa ,d ckj j[kdj ij[kuk vko';d
gS rkfd ltk ds lq/kkjkRed y{; dk Hkh irk yx lds rFkk bl cUnh oxZ dk Hkh lekt ds
izfr ,d fo'okl cuk jg ldsA ge vk'kk djrs gSa fd Hkfo"; esa vkdfLed vijk/k ds cfUn;ksa
dks vkSj mnkj rFkk lty laosnuk dh iquokZlu lqfo/kkvksa ls vo'; larÌr fd;k tk,xkA
13
bl iquhr dk;Z esa dk;Zikfydk] U;k;ikfydk vkSj i=kdkfjrk ds xfjeke;h LrEHkksa ls vxz.kh
Hkwfedk fuHkkus dh iw.kZ vis{kk djrk gw¡A
blds vykok cfUn;ksa ds ikfjokfjd vkSj lkekftd iquokZlu ds fy, mUgsa fo'ks"k dk;ksZa
tSls iq=k] iq=kh dh 'kknh] ikfjokfjd lnL;ksa dh chekjh vFkok x`g ejEer vkfn gsrq lqxerk
iwoZd iSjksy dh Lohd`fr rFkk vkfFkZd iquokZlu gsrq cfUn;ksa dh lgdkjh [ksrh] dqVhj m|ksx
rFkk lekt ds lkFk lgHkkfxrk ds dk;Z rFkk ltk ds dk;Zdky esa Hkh ifjokj ds lkFk fuokl
vkfn ;kstukvksa dh izcy vko';drk gS ftudk le;≤ ij vkdyu vkSj voyksdu Hkh
gksrk jgsA
manuals will naturally require a revision of the Prison and Prisoners'

Act which would need to be modified to meet changes in correctional
administration.
The need to utilise prisons as agencies for the rehabilitation of
prisoners is generally accepted. Modern principles of penology require that
each prisoner is to be dealt with as an individual, and corrective handling
should be so devised as to be in consonance with his abilities, aptitudes,
back-ground and also with the paramount purpose of enabling him to earn
his living honestly as a law-abiding member of society. While this must
be the ideal and all plans must be directed to this end, the possibility of
utilising the manpower resources represented by prisoners on projects of
socially constructive character should be fully explored. Central prisons
and District jails should receive the assistance of Departments such as
those concerned with industries, agriculture and irrigation, so that the
maximum advantage can be taken of the labour available in correctional
institutions. A probation and after-care service is likely to minimise the
cost of maintenance, as prisoners will not be called upon to serve long
sentences during which they will be maintained by State Governments. As
life in prison has to be organised so that the inmates live as a community
and that the method of case work is to be increasingly used to deal with
individual cases in correctional institutions. Welfare officers should be
progressively employed in central prisons and first grade district jails.
Officials of correctional institutions should be given special training both
before employment and during service.
14
Introduction
dfork
gj pht Hkwyrh thou dks
vkbZ ;g dkSu mnklh gSA
thou esa rktkiu u jgk
;g thou gh vc cklh gSA
mRlkg ,d ekuo ru dk
yxrk fd dksbZ lEcy gksA
eqnsZ esa izk.k Qw¡d nsrk thou
fdruk Hkh nqcZy gksA
mRlkg ogh vc jgk ugha
tc vk'kk,a Hkh dqafBr gSaA
,d yk'k cus ge thrs gSa
cl blh ckr ls fpafrr gSA
;s ltk dksbZ izfr'kks/k ugha
gR;k dk vijk/kksa dkA
thou dks vc fupqM+uk gS
tks lap; gh gS izk.kksa dkA
;k vc rks djks fjgkbZ gh
;k izk.kksa dks eqDr djksaA
;k Hkkj cus bl thou dks
vc Qkalh nsdj [kRe djksA
fxjh'k pUnz iVsy

¼vkthou dkjkokl dSnh] vkn'kZ dkjkxkj] y[kuÅ½
Prisons and jails may need to be reconditioned so as to provide
arrangements to suit different classes of prisoners. Separate correctional
institutions may be provided for female convicts. It should also be possible
to develop open and close farms in prisons, agricultural colonies, and
work camps at important work projects. It will be necessary to bring about
greater uniformity in legislation applicable to first offenders and others
charged more than once for minor offences. The appointment of probation
officers and the release of prisoners on parole should remove a great deal
of congestion from correctional institutions, reduce the cost of prison
administration, and enable many prisoners to live as normal citizens after
they have served their sentences. The work of private agencies like prisoners'
aid societies and district probation and after-care associations has suffered
on account of limited resources. It is desirable to entrust after-care work
15
to probation officers, and a beginning may be made by organising after-

care departments in central prisons and first grade district jails to deal with
problems relating to work and employment, housing, health and family
relationship. New developments in the administration and programmes
of correctional institutions require the guidance and advice of experienced
personnel working together in a central organisation. Such an organisation
can assist programmes in the States, undertake experimental work and
pilot projects, and function as a centre of information and publicity on all
matters relating to correctional administration. Recognising the need for
such a central organisation, the recent conference of Inspectors-General of
Prisons recommended that a National Bureau of Correctional Institutions
may be established in the Ministry of Home Affairs.
Details of Educational Facilities for Prisoners in India
Year Number of Prisoners Benefitted
Elementary Adult Education Higher Computer
Education Education Course
2012 48540 58179 6600 5351
2011 43437 67665 6158 5803
2010 39192 53370 3710 6148
2009 33313 57326 3675 5861
2008 33658 54843 3190 3146
2007 29107 60029 2564 2778
2006 34730 61578 1844 2807
2005 30090 38979 1650 1658
2004 21914 29066 1269 1000
2003 26594 42852 1627 1001
2002 41779 38727 1369 1254
2001 35559 46931 2243 1121
Prisoners Welfare and Rehabilitation Policy

According to the Prison Statistics Report 2012 which is a publication of
National Crime Records Bureau, Government of India, the rehabilitation of
prisoners is categorized in 4 different categories.
1. Financial Assistance provided on release
2. Number of convicts rehabilitated
3. Number of Prisoners to whom legal aid provided
4. Wages paid per day to convicts.
16
Introduction
Rehabilitation of Prisoners in India

Year Number of Prisoners Number of Number of Prisoners
to whom Financial Convicts to Whom Legal Aid
Assistance Provided on Rehabilitated Provided
Release
2012 1531 3776 62050
2011 1532 1776 52042
2010 1568 2077 49968
2009 953 1982 50721
2008 1180 1913 45585
2007 2842 1754 48707
2006 1709 1632 45035
2005 1262 1538 33983
2004 1621 2555 33966
2003 1916 1426 33869
2002 1551 1821 26355
2001 677 417 23528
In 2012, only 1631 prisoners were provided financial assistance, 3776

convicts rehabilitated, 62050 prisoners provided legal aid. More interesting
part is that a small state like Goa is paying wages Rs. 120 to their Skilled
Prisoners, Rs. 90 to semi skilled and Rs. 80 to unskilled prisoners. This is
the highest in the country. Although some other states are paying 60, 45,
26, 24, 20, 18 to the skilled prisoners. In the same country so much disparity
is there. We talk about the discrimination and disparity in other western
systems but in our country itself prisoners are treated differently in different
states as far as the matter of wages and rehabilitation is concerned.
;g dVq dk lR; gS
;kj ;g vnkyr gS cM+h vthc gkyr gSA
U;k; ds gh ?ksjs esa >wB dh odkyr gSA
dkuwu etcwj gS dSlk ;g nLrwj gSA
vijk/kh ekSt djs Q¡lrk csdlwj gSA
lR; dk cl uke gS vlR; dk lc dke gSA
>wB dh xokgh ij] dkuwuh bUrtke gSA
ukrs ;gk¡ VwVrs gSa] fj'rs lkjs NwVrs gSaA
ewgfjZj odhy ns[kks eqofDdyksas dks ywVrs gSaA
17
U;k;k/kh'k [kkrk gS U;k; dk fo/kkrk gSA

ogh lR; dg nsrk] odhyksa ls tks ikrk gSA
ftruk /ku yqVkvksxs] mruk U;k; ikvksxsA
vxj rqe u djksxs] rks [kkyh gkFk tkvksxsA
vHk; flag
cUnh] vkn'kZ dkjkxkj] y[kuÅ
After Care and Follow-up Services for the Released offenders in
Correctional Settings in India
The growing acceptance of the view that rehabilitation of the offenders
is so much a responsibility of the penal system as that of society at large, has
given rise to decriminalization, depenalization, deinstitutionalization and
diversion techniques in modern corrections work. The more significant has
been the hue and cry for community based corrections. The contemporary
corrections ferment makes one thing clear that traditional methods of
correction, particularly of the institutional variety have been singularly
unsuccessful in achieving their professed aims and purposes. The general
underlying premise for the new direction in corrections is that crime
and delinquency are symptoms of failures and disorganization of the
community as well as that of individual offenders. The task of corrections
therefore, includes building or rebuilding solid ties between the offender
and community, integrating or reintegrating the offender into community
life, restoring family ties, obtaining employment and education, securing
in the larger sense a place for the offender in the routing functioning of the
society14.
The correction-oriented philosophy of punishment, as eulogized
and accepted in modern times, takes into account and attempts to ward
off all those evilsome consequences of imprisonment that demoralize the
incarcerated offenders into the institutional settings on the one hand, and
seriously threaten their prospects of rehabilitation in the community on the
other. It is with this purpose in mind, the theorists in corrections repeatedly
emphasize that corrections tasks remain incomplete if the efforts to correct
the offender begin and end with what is done to him within the institutional
confines, be it a prison or juvenile correctional facility. The idea is simply
to tell the correctional workers that offenders exposed to reformative or
14 Louis P. Carney, Community and the Corrections, Preface, (Prentice-Hall, New Jaracy
1977)p. VII.
18
Introduction
rehabilitative experiences in the institutional premises need help and

guidance even after their release15. This is considered essential in view of
the high incidence of recidivism even amongst those who have successfully
completed their term of institutional incarceration. Many such persons
when released, often come across certain insurmountable environmental
pulls and pressures and willy-nilly succumb to a life of crime once again.
When this happens the entire correctional efforts put within the institution
fall into disrepute. The critics of the correctional process then get an
opportunity to rejoice this failure and find a convenient excuse to decry all
that corrections philosophy entails or endeavors to accomplish.
The idea of community based corrections stems from the belief that
offenders must learn to cope with and adjust to the real world, not the
artificial milieu of an isolated institution. This belief is based on the empirical
evidence that goes on to demonstrate that though prisons and juvenile
correctional institutions do succeed in punishing, but they have never been
able to deter. They protect the community no doubt, but that protection
is only temporary. They do relieve the community of responsibility by
removing the offender, but they make successful reintegration of the ex-
offenders into community less likely. They surely change the committed
offenders, but the change is more likely to be negative than positive16.
The new demand for community based corrections has made after-
care and follow-up of ex-offenders as one of the most important parts of
the total strategy of integrated correctional programmes and services.
Penologists and correctional workers now stand fully convinced of the
fact that the efforts of the prisons and juvenile correctional institutions are
bound to prove fruitless if the difficult transition of the released offender
into community is not helped and guided by a humane and efficient system
of after-care that takes over the responsibility and continues to make efforts
till the purpose of the offender's rehabilitation is fully achieved17.
The current diagnosis of the correctional malaises shows amongst
other things, its deep concern for the prevailing neglect of the concept of
'aftercare'. It has indeed become common place now to hear that one of
the very important reasons for the poor performance of the correctional
15 Working paper on "Prison, Probation and After-care", Central Bureau of Correctional

Services (now National Institute of Social Defense) p.18.
16 U.S. President' Crime Commission, Task Force Report Corrections (Washington D.C.
1967), p.7.
17 Modal Prison Manual, prepared by Bureau of Police Research and Development, Govt.
of India.
19
outcome is largely due to its callous unconcern for the fate of its ex-clients18.
There is so much of disillusionment on this count that we run the risk of
assuming that aftercare is a forgotten concept in contemporary corrections
practice. Presently, aftercare is something like correctional charity devoid of
any definite commitment to responsibility. It is more loudly preached than
practised. What ever little has been done looks more haphazard and less
organized. The result it that the programmes and policies of aftercare are
increasingly subjected to an amazing variety of complaints and allegations
both by its lay and informed critics. The semantic confusion of the concept
of aftercare is as great as are its policy deficiencies and programme
limitations19.
The purpose of the present work is to elaborate upon the concept
of reformation and rehabilitation of prisoners in corrections, both in its
idealistic and realistic terms and also to examine the more evident short-
comings of the programmes and policies of aftercare as prevalent in India.
The intention, to be precise, is to offer a few guidelines for action to be
taken in regard to the designing of programmes of aftercare more suitable
to our indigenous conditions and more in accordance with the limitation
of resources. The recourse to western material is purely for the purpose of
augmenting the analytical quality of the discussed contained.
The Teachings of Ramanayan

The oldest religious document Ramanaya also eloborates the importance
of good peer groups, differential association and other important aspects of
life. Some of the following teaching is seldom used by the prisoners for
their reformation.
1 l- lq/kjfga lrlaxfr ikbZA ikjl ije dq/kkr lqgkbZAA
fof/k cl lqtu dqlaxr ijghaA dfo efu le fut xqu vuqljghaAA
nq"V Hkh lRlaxfr ikdj lq/kj tkrs gSa tSls ikjl ds Li'kZ ls yksgk lqgkouk gks tkrk gS
¼lqUnj lksuk cu tkrk gS½ fdUrq nso;ksx ls ;fn dHkh lTtu dqlaxfr esa iM+ tkrs gSa] rks os ogka
Hkh lkai dh ef.k ds leku vius xq.kksa dk gh vuqlj.k djrs gSaA vFkkZr ftl izdkj lkai dk lalxZ
ikdj Hkh ef.k mlds fo"k dks xzg.k ugha djrh rFkk vius lgt xq.k izdk'k dks ugha NksM+rh] blh
izdkj lk/kq iq:"k nq"Vksa ds lax esa jgdj Hkh nwljksa dks izdk'k gh nsrs gSa] nq"Vksa dk mu ij dksbZ
izHkko ugha iM+rkA
18 J. Alex Edmison, "First Step in Canadian After-care", The Prison Journal, Vol. LVI, No.
1 Special issue on After-care, 1976., p. 44
19 Milton Luger and Joseph S. Lobanthal, "Cushioning future shock in Corrections",
Federal Probation Vol. 38, No. 2, June 1974, p. 19.
20
Introduction
2- dje opu eu NkfM+ Nyq tc yfx tuq u rqEgkjA

rc yfx lq[kq liusgqa ugha fd,a dksfV mipkjAA
tc rd deZ] opu vkSj eu ls Ny NksM+dj euq"; vkidk nkl ugha gks tkrk] rc rd
djksM+ksa mik; djus ls Hkh] LiIu esa Hkh og lq[k ugha ikrkAA
3- dke Øks/k en yksHk ijk;uA funZ; diVh] dqfVy eyk;uAA
c;: vdkju lc dkgw lksaA tks dj fgr vufgr rkgw lksaAA
os dke] Øks/k] en vkSj yksHk ds ijk;.k rFkk funZ;h] diVh] dqfVy vkSj ikiksa ds ?kj gksrs
gSaA os fcuk gh dkj.k lc fdlh ls cSj fd;k djrs gSaA tks HkykbZ djrk gS mlds lkFk Hkh cqjkbZ
djrs gSaAA
4- ij nzksgh ij nkj jr ij /ku ij vicknA
rs uj ikaoj ikie; nsg /kjsa euqtknAA
os nwljksa ls nzksg djrs gSa vkSj ijk;h L=kh] ijk;s /ku rFkk ijk;s fuUnk esa vklUu jgrs gSaA os
ik;j vkSj ikie; euq"; uj&'kjhj /kkj.k fd;s gq, jk{kl gh gSaAA
5- ijfgr lfjl /keZ ufga HkkbZA ij ihM+k le ufga vk/kekbZA
fuuZ; ldy iqjku csn djA lgsÅ¡ rkr tkofga dksfon ujAA
gs HkkbZA nwljksa dh HkykbZ ds leku dksbZ /keZ ugha gS vkSj nwljksa dks nq%[k igqapkus ds leku
dksbZ uhprk ugha gSA gs rkr! leLr iqjk.kksa vkSj osnksa dks ;g fu.kZ; eSaus rqels dgk gS] bl ckr
dks if.Mr yksx tkurs gSaA
6- uj 'kjhj /kkjs ts ij ihjkA djfga rs lgfga egk HkoA
djfga ekasg cl uj v/k ukukA LokjFk jr ijyksd ulkukAA
euq"; dk 'kjhj /kkj.k djds tks yksx nwljksa dks nq%[k igqapkrs gSa] mudks tUe&e`R;q ds
egku ladV lgus iM+rs gSaA euq"; eksgo'k LokFkZijk;.k gksdj vusdksa iki djrs gSa] blh ls
mudks ijyksd u"V gqvk jgrk gSA
The Concept of After-care
After-care refers to many developmental efforts to assist the products
of institutionalization, whether they be mental patients, juvenile offenders
or adult felons upon their release to the community. In such a scheme, after-
care is interpreted broadly to include programmes and services for all those
persons who are physically, mentally or socially handicapped and who
sometimes or the other have undergone a certain period of care and training
in any people-changing institutions. The object of such programmes and
services is to complete the process of rehabilitation of an individual and to
prevent the possibility of relapse into a life of criminality again. In figurative
terms, the programmes which follow the period of offenders institutional
21
commitment is something like released prisons convalescence. Model

Prison Manual described it as "the bridge which can carry him from the
artificial and restricted environment of institutional custody from doubts
and difficulties and from hesitations and handicaps to an onward journey
of resettlement and rehabilitation in the free community". The Model Prison
Manual is developed by Bureau of Police Research and Development,
Government of India in 2007.
After-care, this is a continuance of the reformative and rehabilitative
endeavors for the help, service, guidance, counselling, support and
protection of those persons who are released from adult or juvenile
correctional institutions. The main aim of the after-care services, therefore,
is to reconstruct, restore such persons to a social position of self-respect
and also to enable them in settling down as law-abiding citizens in the
community. In essence, after-care is a forward step in the direction of
complete rehabilitation for the once institutionalized individuals. As a form
of post- release assistance, it is closely interlinked with the institutional
training and treatment. It is a process of facilitating the transition from
correctional institutions to the community.
In view of its undeniable importance, aftercare has been accepted as
an essential component of the modern correctional process. Ideally any
well-designed aftercare programme or service in corrections should aim at
achieving the following:
1. Prevention of the possibility of relapse into a life of dependence or
custodial care for persons who have undergone a certain period of care
and training within an adult or juvenile correctional institution.
2. Suitable provision of help, guidance and supervision of such persons
in fulfilling the societal obligations incumbent upon them as prescribed
or desirable condition for their release.
3. Completion of the process of rehabilitation in the community by
improving their personality strengths and by the removal of any
stigma that may be attached on account of their previous institutional
incarceration.
Rationale of After-care and Follow-up Services for the Released

Offenders
Juvenile and adult correctional experts agree that the successful
rehabilitation of the institutionalized offenders depends upon the availability
of the quality of post-institutional services. These services are necessary for
resolving those problems and difficulties which ex-offenders face on their
return to the community. The kinds of difficulties which meet a liberated
22
Introduction
convict on his return to society are neither few nor trifling. Consequent
upon their release from penal or correctional institutions ex-offenders
find themselves into a reentry crisis. They find their old world changed
much to their discomfiture. They soon discover that many new problems
have arisen making their reintegration difficult into the family fold, into
former friend circle, into neighbourhood conditions and into the general
conditions prevalent in the community. Many such critical problems of
adjustment look to them simply insurmountable20. They desperately need
help, encouragement and direction in resolving these strange problems
confronting their peaceful existence in the community but when nothing
seems to be in offing, their dream of home coming shatters into pieces. The
result is more bitterness and more hatred towards society in general. This
sets the stage for the enactment of criminal behaviour-this time with greater
frustration and with still greater ferocity. They find no way but to a life
of crime again. The circle thus gets completed: "Crime incarceration and
release, and fresh crime and incarceration again." The following description
of a prisoner's reentry crisis by Karl Manninger perhaps makes out the best
case for the need and significance of aftercare services in corrections:
"He enters a world utterly unlike the one he has been living in and
unlike the one he has left some years before. In the new world, aside from
few uneasy relatives and uncertain friends, he is surrounded by hostility,
suspicion, distrust and dislike. He is a marked man- an ex-convict. Complex,
social and economic situations that proved too much for him before he
went to prison have grown no simpler."
The adverse social and economic circumstances that confront the
ex-convicts clearly call for an organized system of after-care and follow
up not as a matter of charity but as a matter of unavoidable correctional
responsibility. The fulfilment of this responsibility is perfectly in keeping
with the well-defined tasks of corrections that include building or
rebuilding solid ties between the offender and the community, integrating
or reintegrating the offender into community life, restoring family ties,
obtaining employment and education and securing in the larger sense a
place for the offender in the routine functioning of the society. "An effective
correctional system,” remarked Martin a renowned British penologist,
"must aim for the reintegration of prisoners into society”. In the last resort
this is because there is a moral argument for after-care. It is simply that no
man is so guilty, nor is society so blameless, that it is justified in condemning
anyone to a lifetime punishment, legal or social. Society must be protected,
20 Report of the United States: National Advisory Commission on Law-Enforcement and

Criminal Justice Administration on, Corrections, (1973) p.1.
23
but this not done by refusing help to those who need it for more than most
of their fellow citizens21."
Prisons and jails may need to be reconditioned so as to provide
arrangements to suit different classes of prisoners. Separate correctional
institutions may be provided for female convicts. It should also be possible
to develop open and close farm workshop prisons, agricultural colonies,
and work camps at important work projects. The provision for Borstals,
both open and closed, will also need to be expanded. It will be necessary
to bring about greater uniformity in legislation applicable to first offenders
and others charged more than once for minor offences. The appointment
of probation officers and the release of prisoners on parole should remove
a great deal of congestion from correctional institutions, reduce the cost of
prison administration, and enable many prisoners to live as normal citizens
after they have served their sentences. The work of private agencies like
prisoners' aid societies and district probation and after-care associations has
suffered on account of limited resources. It is desirable to entrust after-care
work to probation officers, and a beginning may be made by organising
after- care departments in central prisons and first grade district jails to deal
with problems relating to work and employment, housing, health and family
relationship. New developments in the administration and programmes of
correctional institutions require the guidance and advice of experienced
personnel working together in a central organisation. Such an organisation
can assist programmes in the States, undertake experimental work and
pilot projects, and function as a centre of information and publicity on all
matters relating to correctional administration.
Self Determination in Welfare and Corrections

"Experience should teach us to be most on our guard to protect liberty
when the Government's purposes are beneficent. Men born to freedom are
naturally alert to repel invasion of their liberty by evil-minded rulers. The
greatest dangers to liberty lurk in insidious encroachment by men of zeal,
well-meaning but without understanding."
Louis D.Brandeis dissenting,
Olmstead V. United States (1928)
If research in the field of human behaviour revealed an unvarying
casual connection between certain factors and resultant behaviour, then
21 J.P. Martin, "After-care in transition", in Criminology in Transition- Essays in Honour

of Hermann Mannheim, (Ed.) Tavistock Publications, London, 1964, p. 107.
24
Introduction
therapists could assume an authoritative stance in imposing treatment

designed to effect changes in behaviour. Specially, if it were proven that
people would never commit crimes if all their psychological, marital,
child-parent, employment, interpersonal and other problems were in a
state of stasis, then therapists in the field of correction would be justified in
compelling all criminals to undergo treatment in all these areas to effect the
desired equilibrium. In proposing non punitive acceptance of the offender's
rejection of psychological and family counselling and moving toward
concrete services and institutional changes, correctional thinking is reacting
to what the National Council on Crime and Delinquency (1973) editors
describe as a new concept in criminology. Examination of the new concept
reveals strong resemblances to the Marxist interpretation of society. In this
approach the observation is made that practically the entire population has
been guilty at one time or the other of lawbreaking of various degrees of
seriousness. The ruling social class defines what is crime and selects who
is to be arrested for lawbreaking. The victims are the poor, those of limited
intelligence and those the dominant class wishes to scapegoat to ensure
social equilibrium. In these concepts, the focus for change shifts from the
individual offender to society and its institutions. (Papanak, 1958).
The Role of Reward and Punishment in Education and Correction

In search of incentives to motivate human beings to adopt socially
acceptable and constructive behavior, men have for centuries been looking
for reliable tools, believing that reward and punishment were the best
tools of all. In a moral sense, reward is still bestowed for right and good
conduct; punishment is still inflicted for wrongdoing, with intent to correct
error. Psychologically speaking, reward brings pleasure and enjoyment;
punishment brings pain and displeasure and sometimes, if accepted as
justified retaliation, it may also bring relief from guilt feelings provoked by
consciously or subconsciously acknowledged misdeeds.
In the 16th century, the Jesuits substituted supervision for compulsion
in their schools, although they did not dispense with punishment altogether.
Otherwise they emphasized the importance of rewards as incentives in the
belief that "ambition, although it may be a fault in itself, is often the mother
of virtues."22
Retributive punishment was highly important at the time when
man knew little about his own psyche or how to apply this knowledge to
22 Robert R. Rusk, The Doctrines of the Great Educators, Chapter 4. London: Loyola,
Macmillan & Company, 1954.
25
induce socially acceptable behavior. He felt himself responsible for all his
acts to a higher power, some superior being; when he offended the world
order set by this almighty, he must be punished. From the Erinyes to "an
eye for an eye, and a tooth for a tooth," the principle of retribution tried
to function in the hope that fear of certain penalty would restrain men
from wrongdoing. We have difficulty in reconciling this with the ethical
principle of judge not others lest you be judged, nor can we assume that
there are any educational or correctional factors involved in punishment
for punishment's sake. If some emotional relief results because of the good
feeling that no wrongdoing can go unpunished, such relief is usually less
helpful to the wrongdoers than to the punishers or observers. Their sense
of righteousness and superiority has no constructive educational value for
themselves otherwise.
Conditioned Reflexes or Social Responses

The deterrence-emotional but not ethical-effected by punishment is of
even less value than retributive punishment. It appeals only to selfish fear,
not to insight or morals. It may, sometimes, succeed with cowards-actually
it promotes cowardice. It is well known that in England, when public
hanging was still the punishment for pickpockets, other pickpockets did a
tremendous business cleaning out the pockets of fascinated spectators at the
execution. Since human behavior is not determined solely by conditioned
reflexes, even the desire to avoid punishment will not serve as sufficient
deterrence; there must be patterns of social responses well established
by emotional and intellectual factors. In his natural struggle to overcome
outside difficulties through his own personal endowments, the child or
grown up threatened with deterrent punishment will be inclined to attempt
to overcompensate for his inferiority feeling toward the punisher and to
outwit him, to be smarter than the victim of the punishment he has just
witnessed, to try not to get caught. (Papanek, 1958)
Some people believe that Pavlov's experiments with conditioned
reflexes-with dogs and other similar experiments with animals-prove that
at least temporary success can be achieved with deterrent punishment
and that repeated periodic application can bring lasting success. We must
maintain that rewarding a dog with food for secreting saliva at the sound
of a bell, or punishing him if he does not obey his master's demands, is all
right for dogs. Obedience is all we expect of him, but we expect more than
obedience from human beings and we cannot get it by taming through fear.
Education and correction, or reeducation where necessary, must enable
26
Introduction
human beings to develop more than reflexes, reactions, and repressions of

instincts and drives. Education or reeducation must help the unsocialized
child or adult to become a happy, independent, understanding, cooperative
member of human society, without which he would not be a human being.
It must make him able and willing to contribute his best to the advancement
of mankind, recognizing that he, his family, his community, his nation can
only exist within and gain by being contributing members of the race.
Is There Actually a Need for Punishment

Sigmund Freud, in Civilization and Its Discontents,23 states that "the
need for punishment is an instinctual manifestation on the part of the ego,
which has become masochistic under the influence of the sadistic super-
ego, i.e., which has brought a part of the instinct of destruction at work
within itself into the service of an erotic attachment to the super-ego." We
do not question the possibility of masochistic individuals who provoke
punishment in order to satisfy a pathological need and in considering their
treatment we will have to watch for it. But we doubt whether this overall
generalization of the need for punishment as an instinctual manifestation
is correct and would have it rather limited to Alfred Adler's more specified
opinion that "Many criminals are not very fond of their lives; some of them
at certain moments are very near suicide."24 Furthermore, if there would
be such an instinctual need for punishment, we would have to discard
completely the concept of any successful deterrent punishment; it would
satisfy a need and not be deterrent and could not be super-ego forming
either, as Freud assumed.
In the same Civilization and Its Discontents, Freud states that "the
price of progress in civilization is paid by forfeiting happiness through the
heightening of the sense of guilt." We rather believe that there can be no
progress which does not contribute to the happiness of the individual and
that no individual can achieve real happiness without contributing to the
progress of civilization.
Mankind is not trapped, as Freud pessimistically tells us, between
aggressions provoked by instincts-Eros, the sex instinct, and Thanatos, the
instinct of death and destruction-and their repressions. In this dilemma,
we would, of course, have to assume that our only means of promoting
civilization are the multiplying and strengthening of repressions by
23 Sigmund Freud, Civilization and Its Discontents, London: The Hogart Press, Ltd.
24 Alfred Adler, What Life Should Mean to You. Boston L: Little, Brown & Company,
1931.
27
"heightening of the sense of guilt," "social anxiety," and the "need for
punishment". Repressions can never help to build and promote civilization;
at best they can sometimes help to achieve a sterile conformity which we
would consider to be only an unhealthy adjustment to society. "Need for
punishment," "social anxiety," or even a "heightening of the sense of guilt,"
when not carefully interpreted and guided, are not constructive factors in
education or therapy. They may sometimes be helpful in preventing further
wrongdoing when other more ethical and other emotional or intellectually
more beneficial reactions to wrongdoing and motivations for right-doing
cannot be immediately attained. But such negative motivations always lead
to unhealthy responses and we often have quite a job undoing the mischief
they have done. Instead of using the negative concept of repression or
sublimation of mysterious, aggressive, or destructive drives as factors in
building super-ego, soul or conscience, we would rather look for help in the
development of positive, constructive social responses through the logical
natural interplay between the individual and his society.
"The soul arises from a hereditary substance which functions both
physically and psychologically,"- Alfred Adler
"Its development is entirely conditioned by social influences. On the
one hand, the demands of the organism must find fulfilment, and on the
other the demands of human society must be satisfied. In this context does
the soul develop, and by these conditions is its growth indicated." "Indivi
dual psychology demands the repressing of neither justified nor unjustified
desires. But it teaches that unjustified desires move contrary to social feeling
and that if an individual's social interest is increased, his unsocial desires
will not be repressed but eliminated."25 If we want to develop social feeling
in agree ment with a democratic, cooperative society, punishment and
reward cannot help us to promote growth and mental health, prerequisite
for constructive, positive social relations.
Children who have not known understanding, social acceptance,
significance, friendship, or love, or who have misinterpreted or misused
them when offered in an overprotective and unchallenging way will
often experience, as they grow up, frustration, insecurity, anxiety, and
tension which explode into aggressive, antisocial behavior. Un guided
guilt feelings, following such behavior, provoke still more insecurity, still
more anxiety and tension, which in turn explode into vengefulness and
more aggressiveness at their hopeless frustration. Punishment will only
25 Alfred Adler, Understanding Human Nature. New York: Greenberg, 1927.
28
Introduction
aggravate the frustration which has produced this pattern of disturbance

or delinquency.
"Punishment (by the teacher) is regarded by the child as confirmation
of his feeling that he does not belong in school. He will want to avoid
school and look for means of escape, not means of meeting the difficulty.26
A deviate, a disobedient child, a so-called juvenile, delinquent, a criminal,
"will interpret punishment only as a sign that society is against him, as he
always thought. Punishment does not deter him. Even the electric chair can
act as a challenge to this sense. The criminal conceives himself as playing
against odds; and the higher the penalty, the greater is his desire to show his
superior cunning. It is easy to prove that many criminals think of their crime
only in this way. A criminal who is condemned to be electrocuted will often
spend his time considering how he might have avoided detection: 'If only
I had not left my spectacles behind !' "From the psychologist's standpoint,
all harsh treatment in prison is a challenge, a trial of strength. In the same
way, when criminals continually hear, 'We must put an end to this crime
wave,' they take it as a challenge. They feel that society is daring them and
continue all the more stubbornly. In the education of problem children, too,
it is one of the worst errors to challenge them : 'We'll see who is stronger !
We'll see who can hold out longest !' "They see their contact with society as
a sort of continuous warfare, in which they are trying to gain a victory; if we
take it in the same way ourselves, we are only playing into their hands."27
Punishment or Consequences
J. J. Rousseau, and later Herbert Spencer, favored what they called
natural or logical punishment - we would prefer to call it natural conse
quences. This is inflicted not by the authority of any individual but follows
naturally and logically as physical or social results of bad behavior. But
even the most natural and logical consequence is useless if not understood
and interpreted as such by the one who suffers it. If it is interpreted as
punishment, we had better forget it. It will still do more harm than good.
Without insight into the misbehavior and its logical consequences there will
not only be no incentive for improvement, but there will be built up natural
and logical defenses overcompensating for inferiority feelings, and the hope
that by denying guilt and rejecting retaliation the culprit can keep his self-
respect and gain the respect of his fellowmen, at least of some of them. "We
learn what we live, we learn by doing," says Kilpatrick. Punishing teaches
26 Alfred Adler, Education for Children, New York: Greenberg, 1930.

27 "Alfred Adler, What Life should mean to you. Boston: Little, Brown, & Company, 1931.
29
the child how to punish; scolding teaches him how to scold. By showing
him that we understand, we teach him understanding, by helping him we
teach him to help, by cooperating, we teach him to cooperate. In this process
of education and treatment, understanding and "permissiveness" are only
a first step, a preliminary stage, and we understand under this unfortunate
term only that we knowingly, but not approvingly, disregard their deviate
behavior and still accept them, still like them, and are still willing to help
them to get rid of it in spite of so many failures.
Outside Reward or Inner Satisfaction

If punishment is an expression of the pessimism and lack of self-
confidence of the punisher in its own educational or reeducational abilities,
rewards – in the form of tokens of distinction, concessions, premiums, gifts,
and favors – are scarcely less so. This kind of compensation for creditable
performance deprives the performer of his natural joy in accomplishment.
This appeal to other, unrelated, not highly moral, instincts through illogical
bribing does not offer constructive stimulation or improve motivation.
All works have economic, social, and psycholo gical implications.
Human beings, until misuse, wrong interpretation and misguidance have
corrupted their attitude toward work, enjoy working and achieving mastery
over materials and tools. They like to go forward by their work, their own
well-being sans that of the community. To be paid off with rewards (we do
not mean the logical compensation for production of goods or rendering of
services in the economic process) only negates the ethical, psychological,
and social character of work, achievement, and duty. Work and worker
should never be dishonoured by being forced to work under penalty, nor
should they be dishonoured and misused by bribe–compensation, favors,
and misleading rewards.
Encouragement by Approval, Praise, and Acclaim

Encouragement by approval and assent to the efforts made, acclaim,
and praise are not only highly appreciated, but are often necessary in
helping discouraged and tired children, adolescents, and adults. It gives
them confidence in themselves, stimulates them to make greater demands
on themselves, and to rise to a higher level of self-judgment. Of course,
praise must be earned or it loses its value. If it conflicts with the worker's
self-evaluation, it belittles his work or makes him accessible to bribes not
related to his efforts and achievements.
30
Introduction
In the field of correction, with grown ups and even more with children
and young people, it is not just single act but rather the pattern of behavior
which determines the necessary reaction of society and its representatives,
whether it will be positive or negative, whether it will hurt or please those
who provoked their responses. We cannot avoid - and should not avoid -
letting the delinquent know that on his behavior will depend routine favors
and in most cases also discharge from the institution, from parole, or from
probation. Here again it is important to show them that these favors or
discharges are direct consequences of their own doings and not personal
favors, bribes, or concessions. Society had to deprive them of being free of
making their own decisions" and had to block their way of getting pleasure,
because they had acted irresponsibly toward society and had done harm to
its members. Now their rights are just restored to them as a consequence
of their not being harmful any longer because we trust them now that they
would act responsibly. No treatment nor re-education, as a matter of fact no
education nor growth into a healthy mature human being, can be achieved
if the individual is not considered to be socially and psychologically res-
ponsible for his acts.
Social Feeling and Responsibility

Feelings of belonging and social feelings for other human beings are
without meaning if they are not closely interrelated with, are not derived
from, and do not lead to social and psychological responsibility. Many
children, and grown-ups as well, become delinquent because they are
prevented from taking a responsible place in the community and therefore
overcompensate for their feeling of social and emotional inferiority by
"acting out" in neurotic or delinquent fashion. When they are not trusted as
responsible human beings because they are considered to be "still a child"
or inadequate in comparison with others, they often take an abnormal and
delinquent road – a road away from normal relations and with strong,
emotionally loaded, and hardened deviations. "Man is good and wishes to
be good; but in so doing he also wishes to be happy ; if he is bad you can
be sure that someone has blocked the road on which he wishes to achieve
the goal."
To remove the block which prevents man from being good and being
happy we will have to find better ways than reward and punishment. It
seems to us that they add to the block of frustration, anxiety, hostility,
and destructive acting out only new frustrations, new anxiety, hostility,
and destructive responses or avoid the removal of this block by devious
31
detours, which might lead to dangerous swamp land. In education as well

as in correction we will be successful only if we are able to win the co
operation of those whom we want to educate or re-educate. If we can win
their interest for human welfare, for other human beings, we can set them
on the way *toward solving the problems of life by cooperative means. We
cannot win them by making things easy for them, nor by making it hard
for them.
No individual can achieve security, peace of mind and happiness,
acceptance, prestige or significance if his actions do not promote the well
being of the other members of his society. The more his actions benefit his
fellowmen, the greater will be their approval of him, their admiration, their
love, their friendship, and on these his self-approval, his importance, his
prestige, his own well-being and happiness are based. Insight into this "iron
law of human co-living" cannot be achieved by punishment nor by rewards.
Social orientation, dramatizing consequences as tools for education and
re-education can help to develop social feeling into better and responsible
understanding for oneself and other human beings, and put to work
natural creative energy and the desire to overcome and master difficulties
into constructive work for oneself and his community.
Community Participation in Prisons

Traditionally, Prisons signify isolation of offenders from the society.
In early stages most of the countries considered it necessary to isolate
prisoners from one another. The long controversy in America between
Pennsylvanian and Auburn systems was based on the belief that rigorous
isolation of offenders from each other would enable them to repent and
reform themselves. Briefly, these systems required a prisoner to live and
work in his cell, take exercise in a separate yard, occupy a separate box
in the Chapel, and live in complete isolation. Even food was handed over
through a trap in the door of the cell. The results proved disasterous for the
mental and physical health of the inmates.28
Community participation in prisons is a partnership between
community, prison officials and the prisoners undergoing punishment,
to assess, identify and implement the areas and possibilities of reform
in prisons. Community participation in prisons will ensure that the gap
between the expectations of community members and that of prison
28 Saksena, H.C, (1956) "Community and Prison – An Integral Approach"The Journal of

Correctional Work, The Government Jail Training School, Lucknow, Vol. III, pp 47
-51
32
Introduction
officials can be bridged by bringing the two in close contact and initiating
a meaningful dialogue about the mutual problems and concerns. Unless
this is done, both community and prison officials will continue to nurture
a hostile attitude towards each other. Prison systems always throw up
particular problems for reformation and rehabilitation of prisoners.
However, the problems facing our prisons seem especially great. While
retributive punishment in penal philosophy has been replaced with ideas
of rehabilitation and welfare elsewhere, the security oriented detention of
our prison systems has continued and fed the current system’s obscurity.
Prisons also suffer from the knock-on effects of problems further down the
Criminal Justice System, (Bhardwaj, 2008). Man is a social being. Isolation
made him a worse man and he returns to the community with reinforced
hostility. This system of complete isolation was , therefore, abandoned. It is
fortunate that India escaped the horrors of this system as the cost involved
in providing cellular accommodation was prohibitive.
Prison officials should not be accountable beyond that which they have
the power to address. Prison reform cannot be successful in isolation, but
this cannot be an excuse for not attending to it for decades. A start has to
be made somewhere; criticism of a prison service in which criminal justice,
police and welfare policy ills all surface is not enough. There is a need for
serious engagement. Public inattention and apathy to reform the Criminal
Justice System cry out for civil society to give special attention to this
neglected area. Individuals and groups who are knowledgeable and give
their time and attention out of a concern for humanity, justice and fair-play
are uniquely positioned to have a positive impact. Many try to bring relief
through humanitarian interventions, while others are concerned to ensure
prisoners’ rights are safeguarded through provision of legal aid services.
Other organisations seek to improve administrative systems through the
training of judicial magistrates, or enhance general community participation
through wider sensitisation and awareness programmes (Bhardwaj, 2008).
Civil society is also best placed to experiment with rehabilitative and
vocational training programmes to realise prisoners’ right to work and
prepare them for life post release.
Supreme Court and High Court judgments have been generous to
prisoners. However, these judgments are often left unimplemented in
practice, or do not reach the lower levels of the judiciary that supervise the
prison system. Many of the most pressing problems seen in our prisons:
overcrowding; delays in trial; custodial violence; poor implementation of
legal guidance and aid services; unnecessary incarcerations; high under-
trial populations; and lack of social support and aftercare services result
33
from their lack of implementation. Organisations that seek to assist both

prisoners and prison administrations can make much greater impact through
the promotion of legal standards and sustained rights-based interventions.
This involves increased awareness of the rights of both prisoners and willing
NGOs so that both are empowered. While all community involvement in
prisons can be valuable, too many initiatives are sporadic or undertaken in
isolation, without reference to, or coordination with, parallel interventions.
With knowledge of rights providing a common page from which to read
off, there is much virtue in working together to realise the needs and rights
of prisoners.
Active citizenry should be organised, coordinated and strategized
responsibly to maximise its impact. Civil society should emphasize on
learning from failures, replicating best practices and sustaining its efforts in
providing a long-term solution to prison administration problems. Reform
also requires constructive dialogue between civil society organisations and
prison staff. Community involvement in prisons needs to be appreciative
of the ground realities that face prison staff (prison populations at twice
their capacity or more, a lack of resources and lack of facilities) and of
their legitimate concerns and expectations. This is not to excuse their
acts of omission and commission but to engage with them to create
an environment which privileges honesty, efficiency and the highest
standards of administration and custodial care. Community intervention
has potential to not only benefit prisoners but through reform of the system
to benefit prison staff as well. Common goals and common ground need
to be found on which to build future initiatives. The present report is a
collation of the kinds of work being done in prisons. It is by no means a
complete compendium of every organisation working in the field but based
rather on information provided voluntarily to the researchers. It provides a
key-hole view of the nature of community participation in prisons.
Punishment by imprisonment deprives the offender of his/her most
fundamental human right to free movement and freedom of association.
Imprisonment seeks to protect the community and to rehabilitate
offenders. If the ideal of imprisonment is to rehabilitate the offender as a
law-abiding citizen, it is the community (where the prisoner comes from
and to which he/she will return after his/her release), which should be
actively involved in the treatment during incarceration. If imprisonment is
to serve any function other than punishment, it is crucial to alter the way in
which prisoners are treated in prison. A philosophy and practice must be
encouraged which both respects the individual’s rights and human dignity,
and creates opportunities for the development of skills and abilities which
34
Introduction
will assist the offender to live a crime-free life upon release from prison.
The attitude of the prison functionaries needs to be changed and the role
of the prison officers needs to be redefined. Ideally prisons function as a
mechanism regulating protection and enforcement of a system of values
and norms determined by society by means of a democratic process.
Imprisonment teaches prisoners to refrain from their criminal behaviour
whilst potential offenders are reminded that there is a price attached to
crime. Eventually, prisons have become a place of low visibility, and
because of their closed nature and the archaic laws that regulate them, it
is getting more and more important to ensure that those subject to these
regimes - the prisoners - are not neglected. Of late, the idea that prison
officials serve only to lock and unlock prisoners and to keep them secure, is
getting replaced by a more inter-actionist approach. They are being given
the responsibility to actively engage with prisoners and participate in their
rehabilitation. Prison functionaries, who are conscious of their correctional
and welfare roles, have learnt to regard prisoners as individuals and treat
them as human beings. This is enough to invoke one to move beyond just a
conceptual understanding of community involvement in prisons, to a more
in-depth examination of why it is needed and how it will make a difference
in the Criminal Justice System (CJS), to be seen as a priority in prison
reform.
The appalling conditions in most prisons, such as severe overcrowding,
lack of opportunities for vocational or occupational training, and absence
of rehabilitation or family/community re-integration programs determine
that most prisoners are unable to improve their prospects for their life after
release. In fact, prisoners stand a better chance of improving their criminal
skills than they do of increasing their ability to contribute economically to
the community. In spite of the existence of these general maladies in the
prison system, it would not be appropriate to totally condemn the whole
set-up. Obviously, there are difficulties of manpower, funds, training and
right kind of attitude to deal with socially handicapped inmates, but all
these ills need to be corrected with the joint effort of the government, the
staff manning prison institutions and the people.
Why do we need Community Participation?

Formerly the prisoner was not allowed to come in contact with his kith
and kin. Now it is considered essential that the ties witht he family and the
outside world not only be maintained, but they have definitely to be made
as strong as possible to ensure the rehabilitation of prisoners. Consequently,
35
more frequent visits from friends and relations and exchange of letters are
encouraged.
On account of the disintegration of the joint family system, imprisonment
often deprives the family of the only earning member. This is the most
painful and disasterous consequence of imprisonment. If an offender
is to be reformed, society and government must make some provisions
for the care of the members of the family of the offender, otherwise they
might also become criminals29. Village panchayats, social welfare agencies,
municipalities and the social welfare departments of the government
should take up this work in all earnestness. Reformation of the offender
will be easier if he knows that his family is being looked after during his
absence. Keeping this objective in view, new penal reforms have led to the
introduction of the system of payment of wages to prisoners. This removes
their hostility and acts as an incentive to learn new occupations and earn
money. Prisoners who earn wages are encouraged to give financial assistance
to their dependents while they are still in confinement. Once the principle
is accepted that the aim of the imprisonment is re-education of offenders,
it becomes obvious that from a day a prisoner comes into the prison all the
resources should be utilized for this purposeso that he may settle down
as a normal citizen after release. The Prison can effectively contribute to
the ultimate rehabilitation of offenders by providing scientifically planned
education, vocational training, and recreational facilities to the prisoners.
These programmes should be geared to the objective of equipping
prisoners for life in the community. Effective case-work facilities and
facilities for psychological counselling and guidance should be provided at
an expert level. The community can be expected to take a positive interest
in the prisons only according to the measure of success we can achieve
in equipping an offender for life in the community. Progressive prison
systems in advanced countries find it necessary to organize a separate
liaison service with the community for educating the public regarding
the function of prisons and for developing and encouraging constructive
contacts between prisoners and the members of the community. All
opportunities such as 'meets' and community functions , should be fully
utilized to allay popular misconceptions regarding the activities of modern
prisons and to ensure greater acceptance of prisoners in the community.
More and more emphasis is being laid today on education of inmates.
Education in its broadest sense means enrichment of personality. In Uttar
29 Saksena, H.C, (1956) "Community and Prison – An Integral Approach"The Journal of

Correctional Work, The Government Jail Training School, Lucknow, Vol. III, pp 48
36
Introduction
Pradesh a Pilot Project has been taken up in conjunction with Planning

Research and Action Institute in 1954-56. Educative films are being shown
to prisoners in most of the jails in India. Films depicting activities of jails
have been prepared and are also shown to the public occassionally. The
impact of all such activities on the public mind has been favourable. Public
men interested in imparting religious and moral training are invited to
prisons to give talks and this has a healthy influence on the prisoners.
Other methods employed to educate and create favourable public opinion
or correctional work are issue of pamphlets, reports, journals, seminars,
publication of articles in newspapers, broadcasts of talks on correctional
topics and participation by prisoners in exhibitions organized by outside
agencies. In certain institutions leave is now granted to prisoners to enable
them to visit their families in times of stress and or need. During sowing
and harvesting, prisoners satisfying certain conditions are allowed to join
their families. This was one of the milestones in the penal reform movement
at that time, as this system has brought about an integration between the
prison, the prisoner, the family and the village community.
Resources of the community are now being actively mobilized for
the correction and rehabilitation of prisoners. Efforts are made to bring
the prisoners as near the society as possible by enabling public to witness
dramatic performances, Ramlila, musical entertainments, sports, games,
matches with outside teams and exhibitions held on the jail premises.
Employment of prisoners in open conditions under minimum watch and
ward on works of public utility is another feature iintroduced earlier in
the penal system of our country. This not only restores the self-respect of
the offenders but also develops in them self-reliance and a sense of pride
by being associated in public activities of national importance. Parole can
make an invaluable contribution in preparing a prisoner for release and in
achieving close integration between the prison and the community.
Prisons in the country are secluded from the community, both
physically and conceptually. The only interface that community has to
prisons is through the defunct Prison Visiting System or through the very
few NGOs that have initiated reform work in prisons, either on a regular
basis or on an event-to-event basis. Prisons operate as ‘black boxes’ or as a
complex covert system. The community is aware of the fact that prisons exist
and it has its set of expectations from prison officials. They are oblivious of
the procedures, efforts and constraints that the prison officials function in.
It is when prisons fail to function as expected; we try to make sense of the
situation by applying our underlying scepticism towards prison officials
and prisoners in general.
37
To bring about sustainable reform in prisons, civil society involvement

is imperative. Due to the closed nature of prisons, it has become a breeding
ground for human rights violations. Places where prisons are open and
accessible to a wide range of groups are more likely to be accountable and
maintain international human rights standards. Prisons are less likely to
conceal human rights abuses if members of the community are regularly
visiting prisons and interacting with prisoners. For successful community
involvement in prisons to occur, both community groups and prison officials
have to work together, making joint decisions to achieve a better acceptance
of each other. Since in India, ‘Prisons’ fall under ‘State’ subject in the
Constitution, there is no federal prison policy, and the administration and
management of prisons is subject to regional or provincial policies. There is
a need for a process of mutual cooperation and coordination between prison
administration and community groups, which would see the community in
each region involved in deciding the extent of community involvement in
correctional processes; and also in creation of accountability of such groups
in the process.
This would ensure a better working relationship between the prison
staff and community, and prevent them from having a hostile attitude
towards each other. Increased cooperation may result in improved
perception on both sides, with prison administrators being willing and able
to relinquish some of their controlling role in favour of welfare activities.
The need of the day that prison administration seeks and solicits the
services of community to:
• educate the society about what prisons can or cannot do;
• make the functioning of prisons transparent;
• protect, educate and advocate prisoners’ rights and duties;
• adhere to international human rights standards in the treatment of
prisoners; and
• ensure better allocation of resources.
The Guiding Notes on Prison Reforms list the many forms that civil
society involvement can take:
• providing humanitarian aid to prisoners, such as food and medicines;
• assisting the social reintegration of released prisoners;
• assisting with prison activities such as education and sport;
• simple befriending;
38
Introduction
• monitoring adherence to human rights standards;

• using the law to protect prisoners’ rights;
• carrying out non-partisan campaigning; and
• providing public education.
These interventions need to be incorporated at a statutory level.
Community involvement in prison requires the active and voluntary
participation of the public, and it requires prison officials to respond
in an appropriate way. Unless the prison officials are made aware of
the importance of community participation, they will always look upon
community involvement as an interference in their work place.
Cruelty does generate cruelty. It undoubtedly has the tendency to
squeeze all compassion out of a person and to make him unsocial. Prison
conditions must therefore adhere to certain norms in which an inmate
could be prevented from being dehumanised. Rules have, therefore, been
framed and amended from time to time to achieve a minimum level of
civility in the management of prisons. NGOs that are presently working for
reform in corrections should assist in this process. Community workshops
should be organised whereby local prison officials and the community can
be involved in discussing establishment of a working relationship.
Transparency and accountability must be seen as cornerstones of an
open and democratic society. For the rights and needs of the prisoners and
those of the community to be met, there must be clear, visible accountability
of the prisons department. The pre-requisite for more community
involvement in prisons is a set of effective mechanisms for ensuring that
prisons are more accountable to the community they serve. A responsible
prison service is one where its priorities and methods are in agreement
with community values. The Non-Official Prison Visitors' System must
become operational on a regular and stable basis. This would give content
to the principle of transparency and accountability as adopted by the
government. Under this scheme, appointed members of the community
have free access to conduct unannounced visits through which random
checks can be made by independent laypersons. This system coupled with
the involvement of the civil society, if implemented sincerely, would take
the level of community participation to new heights and would serve to
reassure the community about the conditions under which prisoners are
held.
39
Many initiatives have been taken in Canada during seventies like30

1. Inmates’ Committees formed
2. Temporary Absence like parole and furlough have been largely used
3. Work release permits for inmates and regular jobs of inmates in local
industries
4. The Cafeteria system has been established in every institution
5. A task force evolved a new concept of maximum security institutions
6. Evaluation of needs and programs
7. New concept for industries within prison walls
8. Moving into educational field and contracts with local school boards
and colleges
9. Improvement of medical and psychiatric services
10. Living Unit Concept was introduced in which staff and inmates
worked together for solving the problems on daily basis.
11. Exhaustive recruitment drive for correctional officers
12. Compulsory three weeks’ refresher course for staff based on human
behavior
13. Community oriented programmes introduced and citizen participation
committees formed for inmates’ rehabilitation programmes.
30 Faguy P.A. (1973) “The Canadian Penal System of the Seventies” Address given to
the John Howard Society of Ontario Annual Meeting in Toronto on May 3, 1972,
Canadian Journal of Criminology and Corrections, Vol 15 No 1, pp 8-12
40
Historical Overview of the Prison System in India
Chapter - II
Historical Overview of the Prison

System in India
In 1942, Uttar Pradesh was the first state in India to create a new service
of "whole time Superintendent District Jail". The appointments were based
on the Uttar Pradesh Public Service Commission's selections. At that time
there was an induction course for the Senior Prison Officers "Diploma in
Prison Management and Correctional Administration", at the Jail Training
School, Lucknow–the only institution in India, set up by the Government
of Uttar Pradesh in the year 1940 for the training of correctional officers.
This story starts early in 1600 when Charter was granted to the East
India Company. The records of the subsequent developments in India,
during 1600 to 1756, maintained at Fort William, were destroyed in 1756,
when Sirajuddaula captured Calcutta and hounded the English, bag and
baggage, out of Calcutta. In the context of U.P., Douglas Dewar records
that the "Pre-Mutiny Records of the United Provinces were all destroyed
by a fire some 50 years age". All throughout this period, jails have existed,
starting right at the parganah level, whatever may have been their size,
shape, management and purpose. The historians in general and even the
research scholars working in the field of criminal justice administration,
have mostly stopped short in their narrations, at the court level, or just
made a brief casual reference to then gaols. Whatever records are available
for this period, are in the first place difficult to procure, and in the second
place are in such a brittle state that it becomes difficult to handle them.
'Prisons as place of punishment are comparatively modern institutions;
as places of detention, they are almost as old as man himself.' Hinde1
discussing English prisons writes." In the first view of gaols, they are
certainly to be considered only as places of security" – a view expressed as
late as 1789. However, simple imprisonments for various offences dated
from 1275. That puts it, when Earl Cornwallis came to India in 1786, his
mother country had not adopted the new concept 'imprisonment as a form
of punishment'. The most common punishments during that period, in
England, next to transportation to a penal colony, were flogging, mutilation
1 Hinde, R.S.E (1951) "The British Penal System" Gerald Duckworth & Co. Ltd, London,
pp 11
41
and death. On the contrary, in India, transportation to penal colonies was

not a punishment in vogue.
Adam2 records that the first Indian penal settlement was Bencoolen,
south-west of Sumatra, and "Convicts were first transferred from India to
this place in the year, or about the year 1787". Adam's statement that the
first batch of convicts for transportation was sent in 1787, may better be re-
examined, because fourteen years earlier, on July 10, 1773, Warren Hastings
as President of the Council had recommended to the Court of Directors "the
punishment of transportation outside India for life-term prisoners so that
the expenditure on erecting prisons, maintaining the guards and providing
the prisoners with food and clothing might be saved3. " By 1795, there were
orders that the prisoners "unfit for manual labour due to sickness or old
age may be sent to the Twenty Four Paragnas for their transportation4".
And yet, there was terrible overcrowding in gaols. "In 1791, 179 prisoners
were confined in a room 72 feet by 48 feet; at night their feet were locked in
stocks, and each person was allowed a space of 25 inches." Aspinall records,
"Cornwallis declared that humanity cried for a remedy5".
Howell observed, "But no native government ever left us any prisons
in their modern acceptation of the term6." In 1794, Alexander Wedderburn,
Lord Chancellor of England remarked: "It is not so much for want of
Good Laws, as from their inexecution, that the state of prisons is so bad."
Elaborating Wedderburn's remarks, Macaulay7 in his Minutes in 1835
recorded, "It is scarcely necessary to say that the best criminal code can
be of very little use to a community unless there be a good machinery
for the infliction of punishment", and argued that "Imprisonment is the
punishment to which we must chiefly trust. It will probably be resorted to
in ninety out of every hundred".
The Prison Discipline Committee 1838, recommended the construction
of large central Jails. Seventeen years later, in 1852, soon after the annexation
of Punjab, "the Board of administration asked for accommodation for
10,000 prisoners, and submitted a complete scheme of central and district
jails to provide it. Lord Dalhousie accepted the estimate, but the court
2 Adam, H.L.(1909) "The Indian Criminal" John Milne London, pp 46

3 Dharma Bhanu (1957) "History and Administration of the North-Western Provinces",
Shiva Lal Agarwal & Co. Pvt. Ltd., pp 63
4 Mirzapore State Papers, December 3, 1795, Vol 43, pp 15-16
5 Aspinall, A. (1931) Cornwallis in Bengal, Manchester University Press, pp 118
6 Howell, A.P (1867-1868) Notes on Jails and Jail Discipline in India, pp 14
7 Macaulay, T.B: (December 14, 1835) Minutes on Imprisonment.
42
of directors demurred at the expense, and desired to be informed of the

manner in which culprits have hithertofore been imprisoned or otherwise
in the Punjab, and whether the same measures are no longer in any degree
available. It was just not in the established bureaucratic tradition that the
information on precedents was asked for, but the fact of the matter was that
until the end of the eighteenth century, prisons as places of imprisonment
were as unknown in America as they had been in England8. Fox observed,
the time in short was not yet ripe in England for serious consideration of
imprisonment as a method of legal punishment and it was not until 1823 as
one part of Peel's reforms that an effective start was made9".
In the present context the reply of the Punjab board of administration
created an entirely new situation. Howell records, the board replied that
'imprisonment (except in dungeons or at bottoms of dry wells for political
offences) is not a native punishment. Debtors etc., used to be chained to
gateways to pick up their food from charitable passers-by-Probably there
were not a hundred men in confinement at any one time during Ranjeet
Singh's regime10. The common punishment was to cut off the noses of
thieves, hamstring the burglars, and take off the hand, sometimes both
hands, of dacoits. Less than a century and a quarter ago, the British rulers in
India, were forced by circumstances to take a crucial decision to accept the
new penal policy and the consequent need to provide jail accommodation
for 10,000 prisoners in Punjab.
Building of jails was a costly item, which became all the more
prohibitive costwise, if this was to be lent to the strong new movement
then gaining ground in the west. Contemporaneously, under the impact
of John Howard in England, the penal philosophy of Beccaria, and the
legal reforms of Blackstone in America, the movement for the solitary
confinement of prisoners had gained solid ground. For instance, the first
action of Philadelphia Society for alleviating the miseries of public prisons,
"was to petition the Pennsylvania executive council to declare that the
only desirable method of penal reform was solitary11." The Pennsylvania
Legislature responded and by "The Act of 1789 directed the commissioners
8 Orland, Leonard W (1975) Prisons –Houses of Darkness: The Free Press New York, pp
20
9 Fox, Lionel W. (1952) English Prison and Borstal Systems, Boutledge and Kegan Paul
Ltd, London, pp 32
10 Howell, A.P (1867-1868) Notes on Jails and Jail Discipline in India, pp 6
11 Orland, Leonard W (1975) Prisons –Houses of Darkness: The Free Press New York,
pp 22
43
of Philadelphia county to erect in the yard of the jail "a suitable number of
cells six feet in width, eight feet in length and nine feet in height," which,
"without the necessary exclusion of air and light, will prevent all external
communication, for the purpose of confining the more hardened and
atrocious offenders, who have been sentenced to hard labour for a term of
years."12
Imprisonment, as the main form of punishment, not only came to stay
in India, but became the most universally practised form of punishment.
Very soon in the day, the ills of the system surfaced up. Cantor commented
in 1939, earlier than the first century of the system of imprisonment,
"Imprisonment is the modern major method of disposing of serious
offenders...But the prison system which we have inherited from the
nineteenth century may be as irrational as the inquisitorial tortures of the
Middle Ages. We are seeking to redefine punishment....13 " Imprisonment
was under heavy fire which has since continued unabated. Alternatives to
imprisonment have been desperately sought.
The development of modern prison system in india, in its historical
retrospect, is divisible in three characteristic political stages of growth. The
first stage started when the East India Company made its first visit to India
on August 24, 1608, armed with plain trading rights. It lasted till august
28, 1833, when the East India Company, lost its trading rights in India14.
This long period of 225 years – the factory period – covers the first stage of
development of the modern prison system in India.
The second stage started when British "Crown was the effective ruler
of India in all but name from 1834, the company being its local managing
agency15." This period lasted till 1858 when in the words of Wolpert16 "It
proved to be the final convulsive death gasp not only of the Moghul Empire,
Independent Oudh, and the Peshwai, but of the Honourable Company's
Rule in India, which had lasted precisely one century after Plassey." It is
an important period, though covering a comparatively short period of a
quarter century only, but one during which the foundations of a new and
precise penal policy and correctional administration were laid.
12 Ibid:pp 15
13 Cantor, Nathaniel F (1939) Crime and Society, Henry Holt & Co, New York, pp 220
14 Smith, Vincent A (1958) The Oxford History of India, Clarendon Press, Oxford, 3rd Ed.
pp 527-28
15 Ibid:pp 528
16 Wolpert, Stanley (1977) A new History of India, Oxford University Press, New York,
pp 238
44
The third stage started when "On August 2, 1858, the British Parliament
passed the Government of India Act, transferring "all rights" that the
company had hitherto enjoyed on Indian soil directly to the crown17".
During this period, the British rule reached its peak in India; the National
Freedom Movement raised its head and ultimately brought the end of this
stage when, in New Delhi's crowded constituent assembly, as the midnight
hour of August 14, 1947 approached, Jawaharlal Nehru, India's first prime
minister, rose to declaim: "Long years ago, we made a tryst with destiny,
and now the time comes when we shall redeem our pledge, not wholly or
in full measure, but very substantially. At the stroke of the midnight hour,
when the world sleeps, India will wake to life and freedom."
Perception of the permissible limits of behaviour, is the function of the
individual's state of consciousness. The state of consciousness seldom stays
the same for long. Varying perceptions of norms, by the same individual,
or different individuals, result in transgression of the prescribed limits,
which in some cases may be quite bona fide, but in several other cases,
may be mala fide. Preservation and growth of civilization is fundamentally
linked to prevention and control of such transgressing deviant tendencies
of behaviour. An organised pattern of social intercourse and dealings, for
smooth social functioning, was an early felt need. In all civilizations, and in
all periods of history correctional administration (which today stands for the
prevention of crime and treatment of offenders), under some name or the
other, has been a basic segment of the then prevailing system of law, order
and justice, in that society. "Correction" is the vital essence of society without
which it cannot exist, much less, function. Correctional thinking, philosophy
and practice, touch an individual at every step of his dealings and activities,
in the home and the community. In the complex social conglomeration,
there is seldom a straight path leading to the desired goal. Folkways, mores,
customs and conventions, together with the everchanging environmental
press, limit the availability of the shortest path to the target. One has to
think, calculate and manipulate, to fish out the best possible way, to reach
the goal, without offending or conflicting with the hurdles. At times, one
has to wait and make efforts to alter, modify or reinterpret the obstructing
situations to make them more acceptable to him and the society, so as to
become frictionless and goal achieving. The deviants, who transgress these
17 Wolpert, Stanley (1977) A new History of India, Oxford University Press, New York,
pp 239
45
prescribed limits, fall into the clutches of criminal justice to suffer for their
transgressions which is a process of correctional administration. Every act
imbued in correctional administration, is preceded by correctional thinking
and philosophy.
Correctional thinking, that precedes the codification of law, and the
crystallization of state correctional policy and the laying down of specific
administrative directions, has equally always been in a state of dynamic
flux, because of the everflowing stream of political, social and economic
calls, constantly creating new situations, needs and relationships. To fully
appreciate the forces that have generated and directed correctional thinking,
at any time, it is necessary to examine the social, political, economic and
legal thinking, organization and activities operating during the period of
study, together with the cultural upthrust and conditioning, on the canvas
of the preceding phases of historical scenes.
David Fogel18, while discussing 'Prison Heritage' comments, "We will
try to account for the emergence of prisons in America. In order to do so we
must hazard an historical journey replete with its problems of selectivity
and incompleteness. Institutions never arrive full blown; they are historical
products of layer upon layer of custom emerging from the distant past into
hesitant shapes. In order to best understand our own prison development,
we must appreciate what was on the minds of the contemporaries, who
built them. But we need also to examine the influences pressing upon early
Americans namely, their English Heritage." he further emphasizes, "There
is no linear legacy to trace. We know only the problem our ancestors faced–
how to control deviance in a strange wilderness." Adding that, "In trying
to trace our own penal institutions, we must have a picture of the frame of
mind of our ancestors19."
The importance of keeping a constant eye on the historical developments
of the times was emphasised by George Bernard Shaw and Lord Palmerston,
two eminent English philosopher and politician respectively, who threw
light on English character. Shaw discussing the Crime of Imprisonment'
observed, "We are brought up to believe that we may inflict injuries on
anyone against whom we can make out a case of moral inferiority". In 1858,
Lord Palmerston, Prime Minister of England, introducing in the House of
Commons the Bill which abolished the East India Company, the factory
18 Fogel, David (1979) We are the Living Proof, Anderson Publication Co, Second Edition,
pp 2
19 Ibd; pp 6
46
grew into a fort, the fort expanded to a district and the district to a province,
and then came collisions and conflicts and the East India Company found
itself invested with most important political functions". In 1859, Lord
Palmerston enunciated, "There is a passion in the human heart stronger
than the desire to be free from injustice and wrong, and that is the desire to
inflict and wrong upon others, and men resent more keenly an attempt to
prevent them from oppressing other people than they do oppression from
which they themselves suffer20."
Portuguese Construct a Prison

Norman Johnston writes that during the late medieval period, "The
concept of imprisonment as a substitute for death or mutilation of the body
was derived in part from a custom of the early church of granting asylum or
sanctuary to fugitives and criminals21". He adds that "The church at that time
had under its aegis a large number of clergy, clerks, functionaries, monks
and senfs, and, except the latter, most of these fell under the jurisdiction
of the courts. Traditionally forbidden to shed blood and drawing on the
Christian theme of purification through suffering, these canon courts come
to subject the wrongdoer to reclusion and even solitary cellular confinement,
not as punishment alone, but as a way of providing conditions under which
penitence would most likely occur."
Church Prison Goa

Johnston describes, "The church prison at Goa, Portuguese India, built
in 1600s, consisted of a complex of building 200 separate cells. A corridor
ran the length of the building with seven or eight cells on each side. On
one side, cells were about 10 x 10 feet, some with a small, barred, unglazed
window in the vaulted ceiling. The cells on the other side were dark,
somewhat closed rooms, each of which was entered through a set of double
doors with space between so that one could be locked before the other was
unlocked. The inner door was heavily reinforced with iron lattice work and
had and opening for food and clothing to be passed into the cell22."
20 Shaw, George Bernard (1946) The Crime of Imprisonment, NewYork, Philosophical

Library, pp 13
21 Johnston, Norman (1977) "The Human Cage" Chapter I in Correctional Institutions by
Robert M. Carter, Daniel Glaser, and Leslie T. Wilkins; J.B. Lippincott Co. Philadelphia,
Second Edition, pp 5-6
22 Johnston, Norman (1977) "The Human Cage" Chapter I in Correctional Institutions by
Robert M. Carter, Daniel Glaser, and Leslie T. Wilkins; J.B. Lippincott Co. Philadelphia,
47
Company's Judicial Powers

Jain comments that the charter of 1661, " has an important bearing on
the evolution of the judicial system in India. In the year 1661, the company
presented an address to the council of state in England, praying for the
grant of powers under the Great Seal of England, to their Presidents
and Councils in India to enforce obedience in all Englishmen resident
within their jurisdiction, and to punish offenders conformably to spirit of
England... consequently, on April 3, 1661, Charles II granted a new charter
to the company. It authorised the governor and council (Bruce's Annals,
I.p 459.) of factory to judge all persons, whether belonging to the company
or living under them, in all causes, civil or criminal, according to the laws
of England, and to execute judgment accordingly." Jain adds, "whereas
the purpose of the charter of 1600 primarily was to make arrangements
or keeping discipline among the servants of the company, the charter of
1661 had a wider perspective; its purpose was to create a judicial system
for the company's territorial possessions. The charter indicated clearly that
the company was not merely a trading concern but that it was on its way to
becoming a territorial power also23."
Unauthorized Criminal Jurisdiction

Keith records, "in 1698 the Company purchased at the cost of 1,200
rupees a year the right of zamindari over the three villages of Sutanati,
Calcutta and Govindpur. The fortified factory was named Fort William in
honour of the king and in 1700 become the seat of Presidency. As Zamindar
the company was entitled to collect the revenues and exercise civil judicial
authority. It appears also that by judicious exercise of bribery the company
was able to exercise the criminal jurisdiction over Muhammedan and Hindu
subjects of the Empire without interference either by the local faujdar of
Hugli or his superior authority the nazim of Murshidabad.24"
English Zamindari Courts

Datta25 writes, "For discharging the duties connected with the
"Zamindari right" thus gained, the Company appointed in 1700 a special
23 Jain, M.P., (1966) Outlines of Indian legal History; N.M. Tripathi Pvt. Ltd, Bombay,
second edition, pp 10-11
24 Keith, Arthur Berriedale (1961) A Constitutional History of India 1600-1935, Central
Book Depot, Allahabad, Second Ed., pp 25
25 Datta, K.K. (1958) Fort William –India House Correspondence (Public Service) Vol. 1,
1748-1756 The National Archieves of India, Delhi, pp 24
48
officer known as the Collector (or the zamindar). Ralph Sheldon being the
first Collector of Calcutta. The collector was to "gather in the revenue of
the three towns and to keep them in order", "for which, in accordance with
zamindari customs, he exercised till 1758 both civil and criminal justice
through some zamindari courts established in Calcutta. The collector had
under him an Indian deputy, styled the 'Black Collector'. Govindaram
Mitra, held this post for over thirty years till he was dismissed for some
malpractices by orders of the court dated 16 January, 1752." Wheeler writes,
"The Mughal Governor at Hugli did not like to see the English acting as
Zamindars. He wanted to send a Kazi to Calcutta to administer Justice in
accordance with Muhammaden law. But the English made another present
to the Viceroy, and the governor of Hugli was told to leave the English
alone26."
Jain comments, "The acquisition of the zamindari was a significant
event for the company which thus secured a legal and constitutional
status within the framework of the Mughul administrative machinery. As
a zamindar, the Company became entitled to exercise all those functions
and powers within the zamindari territory as other zamindars in Bengal
commonly exercised at that time within their domains27."
Sarkar writes that during the palmy days of the Mughal Empire,
the zamindars of Bengal enjoyed no significant judicial power, yet they
collected all the land revenue and maintained law and order within their
zamindari limits28. There used to be a Kazi in each sarkar (district), in each
parganah, in each city and even in a large village, but litigation coming
before the Kazis was small.
Referring to 'The Regulations of the Bengal Code' Jain writes, "The
Kazis' courts in the country-side did not function at all or functioned in a
very corrupt and indifferent manner.... In the absence of regular judicial
tribunals in the country-side, people had none else to look to except their
zamindar and they came to him in search of justice. This encouraged the
zamindars to assume judicial powers which they exercised with a view,
not to administer justice, but in their own selfish interests29." Jain adds,
"Zamindars came to administer justice in all cases, civil, criminal and
26 Wheeler, J. Talboys (1972) Early Records of the British India – A History of the English
Settlements in India, Vishal Publishers, Delhi , Second Ed. pp 162
27 Jain, M.P., (1966) Outlines of Indian Legal History; N.M.Tripathi Pvt. Ltd, Bombay,
Second Ed, pp 45
28 Sarkar, Jadu Nath; Mughal Administration, pp 27
29 Ibid;Jain;pp 46
49
revenue.... The proceedings of the Zamindar's courts were very summary

and unsatisfactory and were hardly impartial. Fines imposed by them
were appropriated by them for their own use. Judgments were mostly
discretionary; there was no definite body of law which they administered;
they maintained no register of proceedings in the courts. They used the
judicial powers not impartially but in their own self-interest, not for justice
for oppression30."
Judicial System at Calcutta

The English law for the government of the Company's settlements and
territories was clear. Keith writes, "the rule being as recognised in Calvin's
case by the judges of James I and asserted as indisputable by Lord Mansfield in
Campbell v. Hall, that the laws of the conquered or ceded territory remained
unaltered until replaced by the command of the sovereign, so far, of course,
as such laws were not incompatible with the substitution of English for
Portuguese sovereignty31." When Charnock established at Sutanati in 1690,
the position was clear. As far as the English subjects were concerned, "At the
close of 1699, however, Bengal was declared a presidency and the governor
and council thus became possessed of full judicial authority. In 1704, they
established a committee of three members for the decision of minor cases,
but the sittings of this body seem to have been irregular." Keith adds, "Over
Indians the company had acquired jurisdiction by the purchase of the three
villages, Sutanati, Govindpur and Calcutta, which gave it the rights of a
zamindar. (Wilson, Early Annals of the English in Bengal, i, 163). Under
the regime then existing in Bengal, a zamindar was wont to exercise a wide
criminal jurisdiction, whipping, fining, and imprisoning at discretion. The
company took full use of this authority, and a member of council regularly
held a zamindari court for both civil and criminal business. Besides these
courts was that called the collector's Cutcherry, which was simply the mode
in which the company exercised the coercive powers of the zamindars as
collectors of land revenue over the tenants or farmers of the revenue. (Bolts
– i, 80:Consideration on Indian Affairs). Its practice of ordering whipping of
delinquents was merely in accord with native practice, as was the complete
injustice of allowing punishment to be inflicted at the discretion of an
interested party who acted as judge in his own case32."
30 Ibid; Jain: pp47

31 Keith, Arthur Berriedale (1961) A Constitutional History of India 1600-1935, Central
Book Depot, Allahabad, pp 32
32 Ibid; Keith; pp 49-51
50
English Asset Extra–Judicial Powers

Jain comments, "The above-mentioned judicial scheme at Calcutta,
though generally modelled on the pattern prevailing at the time in other
zamindaries in Bengal, yet had a few distinctive features. In case of other
zamindars, as noted above, a capital sentence was executed only after
confirmation from the Nawab and appeals in civil cases lay to the courts at
Murshidabad. But, unlike this practice, the English, within the precincts of
their zamindari, sought confirmation of death sentences from the Governor
and Council without making any reference to the Nawab, and appeals from
the Collector's court in all cases went to the Governor and Council and not
to the Nawab's courts. These features of the Calcutta judicial system show
that, from the very beginning, the company representatives at Calcutta
asserted and exercised more powers than belonged to them as a zamindar
under the customs prevailing in the land33."
The Gaols
When Fort William was constructed, Brian Gardner writes that, "there
was a room built of solid masonary against one of the massive walls. It had
been used as a temporary jail for soldiers and sailors, mostly for the common
offence of drunkenness. Four, or at the most five, men had spend the night
there." Brian Gardner adds, "The real jail of Calcutta was a building outside
the fort34."
Diwani of Bengal, Bihar & Orissa

Mallesaon writes, "In August, 1765, the Mughal Emperor granted the
Diwani of Bengal, Behar and Orissa to the East India Company. In exchange
the Company agreed to pay the Emperor a sum of 26 Lakhs of rupees and
to the Nawab of Bengal a fixed sum of 53 lakhs of rupees annually. The
Nawab in return agreed not to keep any military force independently and
left it in the hands of the company's authorities35."
Sir George Rankin writes, "When the East India Company acquired
the divani (i.e. became the Diwan) of the Mughal emperor in respect of
the provinces of Bengal, Bihar and Orissa, the fundamental law, as the
conditions of the appointment show, was Islamic law. The Islamic law
33 Jain, M.P., (1966) Outlines of Indian Legal History; N.M. Tripathi Pvt. Ltd, Bombay,
Second Ed, pp 49-50
34 Gardner, Brain (1971) The East India Company – A History, Rupert Hart–davis,
London, pp 74-75
35 Malleson, G.B.; Lord Clive, pp 171-72
51
however explicitly recognised the jurisdiction of Hindu referees and

arbitrators to settle disputes amongst Hindus according to their own laws
and customs, reserving to itself exclusive jurisdiction in matters of crime
and the constitutional and fiscal administration36." Derrett writes, "All the
British courts were believed to be like those that had functioned in Calcutta.
They had combined a readiness and sureness of execution and attachment
with a willingness to consult native opinion in technical matters, and they
had been very popular37."
"Dual Government - No Responsibility"

Clive in the Treaty of Allahabad agreed to collect all the revenues of
these three provinces, out of which 26 lacs was to be paid to the Emperor,
and another Rs. 53 lacs to the Nawab of Bengal as his allowance and
expenses on Nizamat i.e. the administration of law and order and criminal
justice, for which the Nawab was wholly responsible. This was known as
the 'Dual Government' of Clive. The allowances to the Nawab were reduced
from Rs. 53 lacs to Rs. 32 lacs only by Warren Hastings. Consequently, the
Nawab neglected the Nizamat responsibilities and criminal justice became a
personal and private concern of the Faujdars and Kazis, resulting in corrupt
and tyrannous practices to extort money38. Shrinivasachari comments,
"Administratively the dual system resulted in the total instability of the
Nawab's government; in fact it came to mean in practice the abandonment
of all control of the machinery of government39."
Criminal Justice & Administration

On 15th August, 1772, the Committee of Circuit, with Warren Hastings
as President, drew up a plan which was adopted by the Council on 21st
August, for administration of criminal justice40. The administration of
criminal justice was left to the Muslim law officers, but supervision of the
English functionaries was inter posed over them41. The British supervision
over the administration of criminal justice could not be maintained for long,
36 Rankin, Sir George (1946) Background to Indian Law; Cambridge, pp 229

37 J.Duncan M. Derrett (1968) Religion, Law and the State in India; Faber & Faber,
London, pp 232
38 Majumdar, R. C. and Others (1967) An Advanced History of India; Macmillen, St.
Martin's Press, New York, Third Ed, pp 634
39 Shrinivasachari, C.S (1962) Editor, Vol IV, 1764-1766 of Fort William – India House
Correspondence, The National Archives of India, Delhi, pp 32
40 Misra, B.B (1959) The Central Administration of the East India Company 1773 – 1834;
Indian Branch; Oxford University Press, pp 230
41 Ibid; Misra; pp 315-16
52
because, on the reinstatement of Mohd. Reza Khan, as Naib Nazim, in 1755,

the Sadar Nizamat Adawlut was placed under his control and supervison.
Throughout this period, enforcement of law and order and adminstration
of criminal justice, was the responsibility of the Nawab, who executed it
through the Naib Nazim, with the following set up :-
Mofussil Foujdari Adawlut, was provided in each district to try all
kinds of criminal cases. The Adawlut consisted of Muslim law officers,
Kazi, Mufti and Moulvis. The collector was required to exercise a general
supervision over theAdawlut. The Adawlut could not finally determine
cases involving sentences of death or forfeiture of property of the accuse:
proceedings of such cases had to be submitted to the Sadar Nizamat
Adawlut for final orders.
Sadar Nizamat Adawlut, was established at Calcutta, and consisted of
an Indian judge known as the Darogai- Adawlut, assisted by the Chief Kazi,
Chief Mufti, and three Moulvis. All these persons were formally appointed
by the Nawab. The function of the Adawlut was to revise the proceedings
of the Mofussil Foujdari Adawats and approve finally sentences of death
and forfeiture of property. In case of a death sentence, the death warrant
was prepared by the Adawlut and was signed by the Nawab as head of
Nizamat.
Prisons
There was no centralised system of prisons; and these existed as an
adjunct of the Foujdari Thana and the Criminal court of the district. Thus,
the chief town of every large district, with a certain number of chaukis
or inferior police stations, was provided with a Foujdari Thana; usually
covering between 120 and 140 miles. The total number of Foujdari Thanas
were twenty-six.
Misra writes, " A prison was attached to each Foujdari thana as well
as to the Criminal court of the district under the superintendence of the
Foujdar. The foujdari prison was intended only for a temporary stay of the
prisoner who was to be presented to the court and then put in the Criminal
jail after his commitment. As superintendent of prisons, the foujdar was to
maintain regular accounts of prisoners for the reviewing of and supervision
of the daroga of the court42."
"The jail appears to have been formerly, any building in the vicinity of
the court of justice, which could conveniently be hired or appropriated for
42 Ibid; Misra; pp 316
53
the purpose43." The foujdari gaols, were all sorts of makeshift arrangement
made with no genuine concern for the life and living of the inmates.
"Sometimes Government found it more convenient to rent than to build
a gaol. The one at Dacca was hired for Rs. 30 a month, the Diwani gaol at
Murshidabad for Rs. 1544."
Patterns of Expenditures on Gaol

In 1778, Mr. Evelyn submitted an account of expenditure on Diwani
Adawlut at Dacca, covering the period from August, 1777 to September,
1778, showing expenditure on the jail and jail establishment45, which is
quoted to present a picture of that period :-
"Received the following letter from Mr. Evelyn. To the Honourable
Warren Hastings Esqr. Governor General & Council of Revenue.
Honourable Sir and Gentlemen,

I beg leave to lay before you an account charges of the Dacca Diwani
Adawlut; this does not include my own allowance as Superintendent, which
I hope you Hon'ble will make adequate to the imporance of the trust and
very great labour attending a faithful discharge of the duties of this station
– a bad state of health has rendered me unequal to the business and lays
me under the necessity of requesting your permission to resign the office.
Calcutta I have the honour etc.
29 September, 1778.
1777 August to a Mohrer 100
Book binder 4
Gaol tent 30
Slahonary 20
House tent 200
Candles 8 Maund 80
Oil, Matts. etc. 10
474
43 Bengal (1984) Past and Present, Vol VIII, " Some records relating to the origin of the
late Presidency Jail. (Editor) – Quoted in Affairs of the East India Company (Being the
Fifth report from the select committee of the House of Commons 28th July, 1812, Edited
by W.K. Firminger, Vol I, Neeraj Publishing House, Delhi, pp 68
44 Bengal Revenue Consultations – 29 January 1787; Quoted by Asinall ; pp 115
45 Bengal Revenue Consultations – 22 January 1779;
54
September to charge as last month 474

October " " 474
November " " 474
December " " 474
1778
January " " 474
To additional servants employed this month

To a Head Moonshy 40
" One Head Mohrer 12
" Five under Mohrer
(@ Rs. 8/- each) 40
" One Dufturee 4
" a Gaoler 30
" Deputy 10
" 12 peons for the Gaoler 54
(@ Rs. 4.8 each)
" 1 Mohrer for Gaoler 8
A Portuguese writer for comparing
Bengali & English proceedings 30
______ 702
February To charges as last month 702
" Darogha and the seryan servants immediately under him,
their salaries for Augun, Poose and Maug, The Dewan
having
stopped payment 390 1092
March To charges as last month 702
" Darogha etc. this month salary 130
" Repairing the Gaol 104.56
" Badges for peons 31.6
" Bureau for the sheristandar's office 50
" Bureau for Moonshy's office 26
" Chest for the Gaol 10
_____ 1053.11.6
April To fixed charges as last month 832

May To Do Do 832
55
June To Do Do 832
July To Do Do 832
Aug. To Do Do 832
Sept. To Do Do 832

Deduct 30 Rs. the Portuguese Mohrer
being dismissed on the arrival of
Mr. Hindman who was appointed assistant...30 - 802
_______
10179.11.6
To my allowance as Superintendent from the 22nd July, 1777 to September,
1778 inclusive per month.
sd. E.E.
Calcutta, 29th September, 1778"
Misra referring to Calendar of Persian Correspondence writes, "In
the absence of adequate authority and means to enforce decisions, the re-
establishment of foujdar could not achieve the purpose of thier institution.
In some cases even the decrees of the court remained unexecuted. In one
case, an ordinary agent of the company raided the office of the foujdar of
Tirhut for the simple reason that the latter had prevented his men from
chopping a log of wood already settled with another person. In the company
of four to five hundred armed men that agent proceeded to the office of the
foujdar, plundered all his effects, beat him severely and dragged him to his
house in a state of unconsciousness. The prisoners took this opportunity to
escape from, the jail, and it was not until some of the people of the locality
intervened that the Company's agent released the foujdar and allowed him
to be brought back to his home46."
Extension of Criminal Jurisdiction

In 1781, a court of justice, vested with criminal jurisdiction, was
established for the city of Benaras. The Governor-General-in-Council vested
the President at Benaras with authority to superintend, revise and sanction
the proceedings of these courts.
In 1788, courts similar to the ones set up in Benaras, were erected in the
towns of Gazeepoor, Juanpore, and Mirzapur.
46 Misra, B.B. (1959) The Central Administration of the East India Company 1773-1834,
Indian Branch, Oxford University Press, pp 316-317
56
Conditions within Gaols

Aspinall observes that in 1787, "the shadow of the Nawab's authority
in criminal matters was still suffered to exist, and the adminstration of
criminal justice remained entirely in Indian hands. But the system was
notoriously defective. In every District, the gaols were overcrowded." He
adds, "Until 1790 the prisons, being part of Foujdari Department, were
under the general management of the Naib-Nazim and his subordinates,
the judges of the Foujdari Courts. The judges were in the habit of confining
accused persons for long periods before bringing them to trial; their
subordinates, the thanedars, frequently imprisoned people without any
show of legality47."
The sad state of neglect of the gaol buildings was the subject matter of
the letter dated 25 May, 1778, sent by the Council to the Court Directors in
England, which reported :-
"20. The repeated Representations made to us by the late and present
Sherriffs, of the ruinous state of the Town-Gaol, and the necessity of either
giving it a substantial repair or of erecting a new one, confirmed by the
opinion of our Chief Engineer, have obliged us to take the necessary
measures for providing another place of Confinement for the security of
the Prisoners. The latter expanding appearing from the different Estimates
which were laid before us to be the most eligible. We determined that a
New Prison should be built by contract, and accordingly advertised for
Proposals to undertake it, agreeably to a Plan, and Conditions, which were
fixed on, and published for that purpose.
22. In the meantime we have authorized such immediate Repairs to be
given to the Old Prison, as are absolutely necessary to prevent particular
parts of it, from falling down."
The Town Gaol referred to the Calcutta Gaol which has ever been in
the charge of the British. In June, 1785, the rooms in this gaol were knee-
deep- in water, the floors being on a lower level than the surrounding
land; many of the inmates were naked48. The same year in April, 1788, the
Governor General in Council announced that it was not the intention of the
Government to build gaols with expensive materials or to erect permanent
building49.
The posts that supported the walls of the Diwani gaol at Rangpur had
rotted in the marshy ground, and the building was blown down in a violent
47 Aspinall A (1931) Cornwallis in Bengal, Manchester University Press, pp 44

48 Bengal Public Consultations of 30th August, 1785
49 Bengal Public Consultations of 23rd April, 1788
57
gale in May, 179050. It was a new building, and though the collector had paid
the bills, he had not had the time to apply to Goverment to be reimbursed
before the gale levelled the prison with the ground, so that his application
was accompained by a new estimate for another building51.
The condition, discipline and sanitation of most of the gaols of the
Nizamat, which were under the charge of the Nawab, was seriously bad and
objectionable. Aspinall referring to Bengal Revenue Consultations recourts,
"Many gaols were terribly overcrowded, and criminals and debtors, men
and women, were often confined in the same building and even in the same
room. The prison in Sylhet District was so small that it would hold only the
debtors; the foujdari prisoners were kept in a small mosque that was said to
be damp and unhealthy52."
The gaols in the Province, consisting almost invariably of mud walls
and straw-thatched roofs, were built at very little cost; the labour charges in
particular being negligible. A foujdarin gaol at Tirhut cost Rs. 271. The new
Diwani gaol at Chittra was rebuilt for Rs. 142, the chief items of expenditure
being Rs. 28/2 for 5,000 bamboos; Rs. 42 for 600 bundles of straw; and Rs.
40 for labour53.
Gaol building of mud, bamboo and straw, though initially meant a
small expenditure, in the long run proved very expensive to repair, besides
being unhealthy, insecure and easily damaged by fire and storm. Aspinall
recounts that many of the Bengal gaols were burnt down between 1786 and
1793, and one was gutted three times during that short period54.
In the 1789 a disastrous fire broke out in the Foujdari gaol at Chapila,
and although everything possible was done to extricate the terrified
prisoners, the flames fanned by a strong breeze, spread so rapidly that the
place was soon a roaring furnace, and of the 444 prisoners 211 were either
suffocated or roasted. When day dawned the bodies were seen piled up in
a heap a yard and a half high55.
The Magistrate reported that the gaol at Chittra was in so ruinous a
state as to be in iminent danger of collapsing altogether when the rains
set in. Three times within twelve months prisoners had escaped by cutting
50 Bengal Public Consultations of 16th June 1790

51 Bengal Board of Revenue Consultations of 28th June 1790
53 Bengal Revenue Consultations of 3rd June 1789
55 Bengal Revenue Consultations of 16th December 1789
58
holes through the surrounding mud wall, and they had also set the place on
fire in the hope of being able to escape during the confusion56.
The gaol at Murshidabad was tumbling down, the stench during the
hot weather was abominable, and the prisoners, crowded in a small space,
were kept alive only by being frequently washed57. The fact that a new
building was destroyed by the first gale that blew up, and that another
gaol erected in October had to be repaired in November (at Rajshahi in
1787) shows how flimsily they were constructed at this time. The combined
Diwani and Foujdari gaol at Rajshahi cost Rs. 625. One hundred and seventy
carpenters were employed, each being paid fraction less than three annas;
35 blacksmiths were each paid two annas; and 768 coolies shared Rs. 9058.
On October 27, 1790, the convicts at Gaya gaol made a daring attempt to
escape. Heavy rains coming at the very end of the monsoon had partially
washed away the prison walls. The prisoners' wives surreptitiously
supplied the means of filing off the iron fetters, the men attacked the
warders and sentinels, who, after a desperate struggle in the darkness,
were overpowered, and when morning came 132 prisoners were missing.
By the 30th October, only 22 had been recaptured59.
Indian Penal Settlement - Bencoolen

Traversing the history of the Indian Penal System, Adam records that
the first Indian Penal Settlement was Bencoolen, known to the Malays as
Banka-ulu, situated to the south-west of Sumatra. "Convicts were first
transferred from India to this place in the year, or about the year, 1787, when
the transportation system between England and America was inaugurated.
When we took Bencoolen in 1685 it was not a very populous place, nor
had the population much increased when it became a penal settlement,
for which it was considered to be admirably adapted, in 1787. The records
concerning the treatment of the convicts first transported there are few and
vogue, but it seems certain that they were employed principally upon road-
making and clearing estates60." He adds, "The first authentic record of the
penal system at Bencoolen is contained in a letter written by Sir Stamford
Raffles to the Government, from Bencoolen in 1818." This letter, which was
included in his life, written by his widow in 1830, follows on next page:
56 Bengal Revenue Consultations of 30th March 1787

57 Bengal Revenue Consultations of 31st December, 1788
58 Bengal Revenue Consultations of 15th August, 1788
59 Bengal Revenue Consultations of 10th November, 1790
60 Adam, H.L (1909) The Indian Criminal, John Milne, London, pp 46-48
59
"There is another class of people that call for immediate consideration.

Since 1787 a number of persons have been transported to this place from
Bengal for various crimes of which they have been found guilty. The object
of the punishment, as far as it affects the parties, must be the reclaiming
them from their bad habits, but I much question whether the practice
hiterto pursued has been productive of that effect. This I apprehended
to be, in a great measure, in consequence of sufficient discrimination and
encouragement not having been shown in favour of those most inclined to
amendment, and perhaps to the want of a descretionary power in the chief
authority to remit a portion of the punishment and disgrace which is the
common lot of all".
"It frequently happens that men of notoriously bad conduct are
liberated at the expiration of a limited portion of transportation, whilst
others, whose general conduct is perhaps unexceptional, are doomed to
servitude till the end of their lives. As coercive measures are not likely to
be attended with success, I conceive that some advantage would arise from
affording inducements to good conduct by holding out the prospect of
again becoming useful members of society, and freeing themselves from
the disabilities under which they labour. There are at present about 500 of
these unfortunate people. However, just the original sentence may have
been, the crimes and character of so numerous a body must necessarily be
very unequal, and it is desirable that some discrimination should be exerted
in favour of those who show the disposition to redeem their character.
"I would suggest the propriety of the chief authority being vested with
a discretionary power of freeing such men as conduct themselves well
from the obligation of service, and permitting them to settle in the place
and assume the privileges of citizenship. The prospect of recovering their
characters, of freeing themselves from their present disabilities, and the
privilege would become an object of ambition, and supply a stimulus to
exertion and good conduct which is at present wanting. It rarely happens
that any of those transported have any desire to leave the country; they
form connections in the place, and find so many inducements to remain,
that to be sent away is considered by most a severe punishment. While a
convict remains unmarried and kept to daily labour very little confidence
can be placed in him, and his services are rendered with so much tardiness
and dissatisfaction that they are of little or no value; but he no sooner
marries and forms a small settlement than he becomes a kind of colonist,
and if allowed to follow his inclinations he seldom feels inclined to return
to his native country."
60
"I propose to divide them into three classes. The first to be allowed
to give evidence in court, and permitted to settle on land secured to them
and their children; but no one to be admitted to this class until he has
been resident in Bencoolen three years. The second class to be employed
in ordinary labour. The third class, or men of abandoned and profligate
character, to be kept to harder kinds of labour, and confined at night. In
cases of particular good conduct a prospect may be held out of emancipating
deserving convicts from further obligation of services, on condition of their
supporting themselves and not quitting the settlement. Upon the abstract
question of the advantage of this arrangement I believe there will be little
difference of opinion. The advantage of holding out an adequate motive of
exertion is sufficiently obvious, and here it will have the double tendency
of diminishing the bad characters and of increasing that of useful and
industrious settlers, thereby facilitating the general police of the country
and diminishing the expenses of the Company."
Penal Settlement – Penang

Penang, situated at the northern extremity of the Malacca straits was
acquired by the English from Rajah of Kedah in 1785. Adam wrote, 'When
Penang came into our hands it was almost uninhabited and covered with
dense jungle... in the year 1792, the population had increased to 10,000 souls.
The present population of Penang numbers 2,40,000." He adds, "The first
prison... was situated on the Penang road, and was known as "Chowraste
Lines". As the number of convicts from India continued to increase the jail
was found to be too small, so another larger jail was erected on the opposite
of the road... Prior to the transportation of convicts from Bencoolen (in
1823), Penang had already been made a penal settlement, convicts having
been sent there direct from India. These had been looked after by a staff
of free warders, but, in consequence of vacancies and dismissals, and the
difficulty of obtaining the services of free warders, it was sought to enlist
the services of the best behaved among the convicts to over see their fellow
prisoners. It was, however, an experiment which was then anything but
successful, and was regarded by the authorities with strong disfavour61".
61 Adam, H.L (1909) The Indian Criminal, John Milne, London, pp 54-57
61
Development of Prison Policies and Prisons during 1790-1833 of

British Raj
Factory Owns Responsibility for Gaols

3rd December, 1790, could be marked as the trying birth-date of the
modern Prison-System in India, after a prolonged, slow and grossly
neglected gestating period of more than a hundred years. The quickening
movements and kicks of the unborn issue, which were getting stronger and
more and more painful, were carelessly ignored by both the de jure and
the de facto caretakers, the smonolent Nawab of Bengal and the derelict
usurper company. Warren Hastings took full cognizance of the case, but, he
coldly and boldly, refused to touch it even with a pair of tongs. Whenever
his attention was forced to the issue, he vehemently threw it in the laps
of the Nawab, whom he had painstakingly maintained as the titular head
of Nizamat administration. Civilised societies everywhere have bestowed
care and additional facilities for the welfare of the child to come, but
Warren Hastings had no patience to wait for that child to grow and yield
peace and tranquility in the society. Bent upon collecting the golden egg
immediately, he cut to half the annual grant of 56 lacs, given to the Nawab
for his personal needs and to meet the expenditure on providing criminal
justice. Denied the usual and even basic succour and attention, public peace
and prosperity went into ruins, manipulated by Warren Hastings, soon
started losing its shine and sedation. The company directors were forced
to replace Warren Hastings with Cornwallis to bolster the confidence of
English shareholders in India's solvency. It took three years for Cornwallis
to put his fingers on the trouble-spot. It was on 3rd December, 1790, that
as a skilled surgen, he finally pulled the baby out of Nawab's lap, and put
it under his full charge and care. The growth of that baby is the history of
development of correctional administration in India.
John William Kays writes, "It is little more than sixty years since we
began to govern India at all. Lord Cornwallis is the first Indian ruler who
can be properly regarded as an administrator. Upto the time of his arrival,
the English in India had been engaged in a great struggle for existence.
Clive conquered the richest province of Hindustan. Hastings reduced it
to something like order. But it was not until Cornwallis carried to India
the large-minded liberality of a benevolent English statesman, that our
administrative efforts took shape and consistency, and the entire internal
management of the country under our rule was regulated by a code of
written laws, intended to confer upon the natives of India the benefits of
62
as much European wisdom and benevolence as was compatible with a due

regard for the character of native institutions62."
Picture of the Field in 1790

Early in 1790, Cornwallis addressed a questionnaire to the Magistrates
in the districts to collect factual information on the prevailing state of
criminal justice administration, including the jails. The Magistrates
reported that the Judges were in the habit of confining accused persons for
long periods before bringing them to trial; their subordinates, the thanedars
frequently imprisoned people without any show of legality. According
to some Magistrate, the jail authorities treated their prisoners with great
severity; in one case it was stated that the men were deprived of part of
their food rations and were denied the ordinary comforts of washing and
shaving. In 1786, more men had died of diseases in one single jail than were
capitally punished in the whole Province.
Gaols Overcrowded
The Burdwan jail was terribly overcrowded, and the prisoners were
actually in want of the necessities of life, their subsistence allowances not
having been received from Moorshedabad for several months. At Gaya, the
prisoners, besides being overcrowded, had no proper medical attention,
since jail administration was not in the Company's hands the Company's
surgeon was not required to attend them63.
Aspinall records, "There are a few civilized countries” wrote
Cornwallis in 1790, in which the Criminal Law and the adminstration of
it, are in so defective a state as in these provinces." On December 3, 1790,
Cornwallis recorded a long minute, which fills 105 pages of the copy of the
consultations kept in the India Office Library, on the subject of criminal
judicature. He pointed out, that numbers of subjects were daily condemned
to suffer death, the most cruel multilations or perpetual imprisonment,
while the most notorious offenders often escaped without punishment; that
the numerous murders, robberies and burglaries were daily committed and
that there was general insecurity of person and property in the country64."
62 Kaye, John William (1791) Administration of the East India Company, Richard Bentley,
New Burlington Street, London, Second Edition, pp 123
63 Aspinall, A (1931) Cornwallis in Bengal, Manchester University Press, pp 114-115
64 Ibid: pp 63
63
1790– English Take Over Criminal Justice

By virtue of the Regulation of 27 June, 1787, the Company's magistrates
were enabled to take cognizance of petty offences, the major and more
serious offences being left as the exclusive jurisdiction of the criminal courts
of the country working under the Naib-Nazim. The appointment, control
and removal of the judge and the officers of the criminal courts continued
to be the privilege of the Naib-Nazim. The sentences of the Nizamat
Adawlut at Murshedabad continued to be final and were executed under
the superintendence of the Naib-Nazim to be reported to the council at Fort
William only after the execution.
Cornwallis proposed first to reform the Mahomeddan Criminal Law
after the lines suggested by Warren Hastings in 1772 and 1773, as well as to
change the constitution of the criminal courts. Accordingly, the intention of
the criminal in a case of murder was accepted as the determining factor in
awarding punishment and not the manner or instrument of perpetration.
In this piece of reform authority was ascribed to Yusuf and Mahommed
instead of Aboo Haneefa who emphasised the importance of weapon or the
manner of murder irrespective of the intention on the part of the criminal65.
Secondly, the relatives of the victim were debarred from pardoning the
offender66.
Cornwallis formulated a new scheme which was duly promulgated by
the Governor General in Council on December 3, 1790, the most important
feature of which was the abolition of the last vestiges of the normal and
shadowy authority of the Nawab over criminal justice. A three tier structure
of courts was provided to administer criminal justice. The Sadar Nizamat
Adawlut was at the top and this was moved from Murshedabad to Calcutta.
The Governor General and members of the Council, were to sit there as
judges, assisted by the Muslim law officers (Kazi and Mufti). The operative
law, was to be the Muslim Criminal Law as amended from time to time by
the Regulations promulgated by the Governor-General-in-Council.
The next tier consisted of a court of circuit, consisting of two covenanted
servants of the company, in each division, to try all criminal cases. The court
was to move from district to district, within the division, trying persons
accused of criminal offences. There were to be two jail deliveries annually,
and the court of circuit was expected to visit each district twice a year.
The third tier stood at the district level. The collector was given additional
65 Bengal Regulations of 3rd December 1791, Article 33

66 Bengal Regulations of 3rd December 1791, Article 34
64
powers to function as a magistrate as well, whereby he was vested with the

authority to arrest persons accused of committing crime. In case of petty
offences, the magistrate could award the sentence of corporal, punishment
not exceeding fifteen stripes, or fifteen days' imprisonment. If the crime
appeared to be serious, the accused was to be tried by the court of circuit,
when it visited the district next.
Magistrate Given Charge of Jail

The Regulation of December 3, 1790, transferred the management and
control of the jails from Indian hands to European hands; the Magistrate
was put incharge of the jails in his Disctrict. He was commanded to inspect
jails at least once a month, and to redress all valid complaints. He was to
pay special attention to the health and cleanliness of the prisoners, who
were to be attended when sick by the company's surgeon. Prisoners under
sentence of death, those sentenced to a term of imprisonment by the court
of circuit, those committed for trial, and those sentenced to short terms by
the Magistrate for petty offences, were to be confined in prison. The Judges
of the court of circuit, too, were required to visit each jail and to issue such
orders to the Magistrate as were calculated to improve unsatisfactory
conditions67.
The Secretariat Records

The Revenue Department commenced recording its judicial business
separately, since 6th August, 179068. This arrangement continued till the end
of April 1793, when as a result of the reform introduced by a Resolution
dated 26 April, 1793, final separation of Revenue and Judicial series was
effected from 1 May, 1793, following the creation of a District Judicial
Department, justice began to be recorded in the Judicial Department. Two
separate sets of proceedings were started from 1795, one for civil justice and
the other for criminal justice (including police) and this system continued
till the year 1815.
The Conditions of Jails

Aspinall comments, "The failure of these Regulations to improve
the state of the prisons, compelled Government in 1792 to make further
provisions, after some alarming reports from the Magistrate had been
67 Benaras Revenue Consultations: 3 December, 1790

68 Catalogue of the English Records, 1758-1858, Preserved in the Historical Record Room
of the Government of Bengal, Calcutta, 1922, pp 4
65
received. The gaols in the Shahabad Discrict, for example, were said to be
wretched beyond description. The foujdari gaol, consisting of one small
room with mud walls, confined prisoners of every class, who, for safety,
were not only fettered at night but also put in stocks. "It may easily be
conceived," said the magistrate, "that in such a building deprived of a free
circulation of air, the noxious vapours arising from the filth and stench of
such a number of prisoners, must render it very unhealthy; so much so that
since the setting in of the hot season I have been obliged to remove the sick
lest infection should become general69."
The Magistrate at Sarcar reported that the prisoners were exposed "to
all the baneful effects of the noxious effluvias which naturally fly off from
the body of many persons closely pent up in small apartments, deprived
of a free circulation of air, tormented day and night with various species
of reptiles, vermin and thathch of this miserable habitation, come forth in
swarms at this season of the year70."
The Magistrate at Tippera reported that the necessity of keeping the
prisoners of his District in stocks made their lives truly miserable71. The
Magistrate of Murshedabad reported that the Diwani Jail was in such bad
repair that, situated near the bank of the river, it was in danger of being
compeletely swept away during the rainy season as soon as the river rose
above its normal level72.
Humanity Cried for a Remedy: Cornwallis

Aspinall writes, "In 1791, 179 prisoners were confined in a room 72 feet
by 48 feet; at night their feet were locked in stocks, and each person was
allowed a space of 25 inches. The floor, of damp earth, was filthy. Many
prisoners were so enfeebled either by old age or sickness that they could
scarcely support the weight of the chains which ensured their safety during
the day. They cooked their food in this room, to which there was only one
door. They were supplied water from a small dirty tank. The jail was built
on low, marshy, unhealthy ground, and deaths were naturally frequent.
Undertrial prisoners were confined indiscriminately with murderers."
Aspinall added, "Cornwallis declared that humanity cried for a remedy."73

70 Bengal Revenue Judicial Consultations: 21 September, 1792
71 Bengal Revenue Judicial Consultations: 11 March 1791
72 Bengal Revenue Judicial Consultations: 21 September, 1792
73 Aspinall: Ibid: pp 118
66
Rebuilding of Jails
In December, 1792, Cornwallis informed the Court of Directors that he
had resolved to rebuild all the jails in the Province, in such a style that the
health and morals, as well as the safety of the prisoners would be secured74.
The initial expenditure, he said, would be great, but, if constructed of
durable materials, the new prisons would be kept in repair at a trifling cost,
whereas the annual charges for the unkeep of temporary buildings had
been considerable. Five brick prisons were to built each year until the whole
were completed. The plans provided for the segregation of the sexes, of
different descriptions of prisoners according to Regulations of 3 December,
1790, and also of prisoners of different religious persuasions75.
Further Judicial Reforms

In 1792, the Government sanctioned payment of a small daily allowance
to all prosecutors and witnesses, in need of assistance, for the days they
were in attendence in the Courts of Circuit and for the days taken by them
during their journey to come from and return to their respective homes;
abolished the practice of attaching property of those committed to take
their trial for criminal offences.
The Basic Judicial Scheme

Lord Cornwallis introduced his last and the most famous judicial
reforms in Bengal, Bihar and Orissa, in 1793. Jain comments, "The new
judicial plan contained many radical innovations and constituted a definite
break from the past in many respects. It remains a standing testimony to
the maturity of judgment, breadth of outlook and the liberality of vision
and conception with which Cornwallis approached the task of judicial
reconstruction in the last year of his Governor-Generalship76."
The Law Governing Criminal Justice

Firminger reports, "In making the Mahomeddan Law the rule for the
administration of criminal justice, the British government has followed the
practice of the Mogul government reserving to itself, the right of introducing

75 Bengal Revenue Judicial Consultations on 12 December, 1792 and Bengal Public Letter
to Court, 12 December,1792
76 Jain, M.P. (1966)Outlines of Indian Legal History, N.M.Tripathi Pvt Limited, Bombay,
pp 208-233
67
such alterations and modifications, as reason and humanity may suggest77."

Referring to the formation of the new code of regulations in 1793, he writes,
"a wider range was taken in modifying and supplying the defects of the
Mahomeddan law, for the government of decisions to be passed in the
provincial courts. The most important and necessary of these alterations
were, in over ruling the distinctions made by Aboo Haneefa, and directing,
that in determining on the punishment to be inflicted for the crime of
murder, the intention of the party, rather than the mode or instrument used,
should be considered; in controlling the seasut, or discretionary correction,
and introducing a remedy to the obstruction of justice, arising either from
interference or neglect on the part of the heirs of the person murdered, and
in commuting sentences of mutilation to imprisonment and hard labour.
The deficiencies of the Mahomeddan authorities were supplied, in regard
to what might be deemed an adequate punishment for perjury and forgery,
or subornation of either of these crimes, which have a peculiar prevalence
among the natives of India; and to this intent, in addition to the ordinary
punishment, the gross offence is marked in characters indelible on the
offender's forehead."
Prison Offences
1. A contumacious refusal to work, by any prisoner sentenced to hard
labour, or though not so sentenced who may be subject to labour,
under any provision in the regulation, and not exempted from labour
by the court; and not incapable of bodily labour from age, sickness or
other infirmity.
2. Wilful neglect and indolence in the performance of any prescribed
work, especially after previous admonition.
3. Wilful disobedience to any of the written rules for the observance of
the prisoners.
4. Refractory behaviour by prisoners; such as resistance to the jailor,
guards, or other public officers, in the regular discharge of their proper
functions; abusive language to any such officers; and generally any
culpable behaviour towards them.
5. Any other instance of disorderly conduct by prisoners; such as riot,
insurrection attempt to escape, taking off or loosening or attempting
to loosen, by filing, cutting, or otherwise his own irons, or those of
other prisoners, with a view to escape, conspiring with other prisoners
77 Firminger, W.K, Editor – Affairs of the East India Company (Being the fifth report
from the select committee of the House of Commons- Reprinted 1984, pp 70-71
68
for the purpose of insurrection or escape, or for any other criminal

purpose; and generally any misconduct, committed by a prisoner,
whilst in custody, which under the regulations in force, or from its
aggravated nature, may not exceed the competency of the magistrate.
Punishment that may be awarded for Prison Offences

1. Vests the magistrate with the power to punish as follows:
2. In cases of contumacious refusal to work, or of wilful neglect and
indolence in the performace of any prescribed work:
- Moderately corrected with a ratan;
- In the instance of pertinaciously, refusing to work- diet allowance
to be reduced in such degree as may be consistent with his support,
until he shall perform the work required from him.
3. The other punishment for the offences:
- stripes with a ratan, not exceeding thirty ratans; or
- solitary confinement; or
- when a prisoner attempted to escape, by substitution of heavy
fetters,
- by the temporary addition of neck-chains of a moderate weight,
when the prisoner is refractory, turbulent or guilty of violence;
and
- in aggravated or emergent cases, further restraint of handcuffs.
Powers declared to be vested in magistrates, may be exercised by joint
magistrates, and by assistant magistrates not stationed in the same place
with the zillah and city magistrate.The magistrate may also refer any cases
to their assistants at the sudder stations.
It shall not be necessary to make a detailed record of the evidence, but a
record shall be kept of every summary conviction, and punishment; stating
the name of the prisoner, the offence charged against him, the substance
of the evidence and conviction. The record so authenticated shall be kept
ready for the inspection of the judge of circuit on his visiting the jail at the
ensuring jail delivery; that a reference may be made to it, in the event of any
complaints being preferred by the prisoners. Should the judge see cause to
disapprove the order, he will notice the same to the magistrate, with any
instructions which may appear necessary.
Any gross neglect or misconduct, required to be reported to the
Nizamut Adawlut, under section 30, Regulation VII, 1803, the judge, after
calling for requisite explanation, report the same accordingly.
69
Provides that Section 6, Regulation III, 1812, whereby all descriptions

of watchmen subject to kotwal or darogah of police, who may be proved
guilty of gross neglect or misconduct in the discharge of their duty, are
made liable to corporal punishment, not extending thirty stripes of a ratan,
by sentence of the local magistrate, instead of fine or imprisonment, when
the offender may appear a fit object of corporal punishment by stripes,
is extended and made applicable to burkundaze, pyke or other inferior
officers, attached to a public jail, or employed in the charge of prisoners.
Magistrate to prevent any maltreatment of prisoners by the native
officers having charge of them. Complaint of prisoners to be immediately
inquired into, and the guilty awarded punishment.
The two foregoing clauses are not applicable to military guards or any
person subject to military tribunal.
If any convict, under sentence of imprisonment, deserves a remission
of further punishment, the magistrate shall trasmit a report with full details
to the court of Nizamut Adawlut, which is empowered to remit further
punishment.
In case of short imprisonment, the magistrate is empowered to discharge
a prisoner, who may appear to deserve a remission of punishment.
Enacts provision for occasional inspection of Allypore jail, in the vicinity
of Calcutta, to which convicts under sentence of perpetual imprisonment,
transportation and banishment are received from all the zillahs and city
jurisdiction, as follows:
The duty to be performed by one of the judges of the Nizamut Adawlut,
in rotation, or as may be determined by that court.
Clarifies that the foregoing section does not restrict the duties of
the Calcutta court of circuit in respect of the Calcutta zillah jail, which is
separate from the Allypore jail.
Further clarifies that nothing in the present regulation is meant to alter
the established jurisdiction of the court of circuit.
The provisions contained in clause third, Section-2, Regulation-IX 1813,
for sending convicts under sentence of transportation, to any of the British
settlements in Asia, at the discretion of the Governor General in Council,
and for employing such convicts within the limits of such settlements,
as well as for transferring them from one place to another when found
requisite, are hereby extended to the exercise of similar discretion by
70
the Governor General of transportation to the Island of Mauritius, or its

immediate dependencies.
Review of Establishment - 1816

The zillah or city magistrates are empowered to appoint jailors and
other subordinate officers of the criminal jail; and to remove such officers
for misconduct, incapacity, or other sufficient cause, without reference to
other authority.
Records in Secretariat
From 1816, in the Judicial Department, the two separate sets of
proceedings for civil justice and criminal justice, each was further subdivided
into "Lower Provinces" and "Western Provinces". This arrangement was
continued till 1834, when the formation of the Presidency of Agra did away
with the necessity for the two series, and the 'Civil' and 'Criminal' series
where consolidated into one series from July 6, 1835, though the records
continued to be marked 'Civil' and 'Criminal' as before for sometime more.
Restrictions on "GODNA" – 1817

Section I rescinds Section III of Regulation-II 1807, that authorised
"godna" of crime on convict's forehead, of prisoners sentenced to
imprisonment for a limited period.
Only convicts sentenced to imprisonment for life, shall be marked by
the process of "godna", in the manner and for the purpose stated in Section
11, Regulation-IV, 1797 and Section 35, Regulation VII, 1803.
The court of Nizamut Adawlut was authorised to exempt any prisoner,
sentenced to imprisonment for life from being marked by the process of
"godna" prescribed in the above sections.
The Magistrate shall cause the "godna" operation to be performed,
early in the morning, and adopt precautions to see that the convict does
not try to efface it in the day. The Magistrate shall renew the inscription, if
deface.
Labour Intermission for Religious Ceremonies

A circular order of the court of Nizamut Adawlut, dated 30th April,
1817, directs that "An intermission of labour" allowed on Hindu and
Mahomeddan festivals, but only as far as may be indispensably necessary
to enable convicts to perform their religious ceremonies.78"
78 Prison Discipline Committee (1838), PP 17
71
Restrictions on Fettering-1819
By a Circular Order of the Bengal Court of Nizamut Adawlut, dated
the 27th of August, 1819, Magistrates were prohibited from sentencing
prisoners for misdemeanor to be fettered, and the practice was allowed
only in case of misconduct during imprisonment79.
Employment on Road Restricted - 1820

By an order of the Bengal Court of Nizamut Adawlut dated the 18th
August, 1820, "it was prohibited to employ on the roads convicts sentenced
for offences not heinous; and it was ordered that such convicts should work
privately within doors. But subsequently it was found necessary to issue
a third order, dated the 17th of May, 1822, which by allowing a discretion
to Magistrates in this matter, particularly annulled the preceding order. In
fact, it is apprehended that almost all prisoners are employed on the roads,
and that very few indeed to those so employed are without fetters80." It
will be relevent to the topic to add the following observations of the 1838
Committee : "at present we will only allude to the injustice as well as to the
impolicy of the ignominious and public exposure, generally in fetters, of
persons who are in no case known to have formed vicious habits of a very
bad order, and who in many cases are known to have formed such habits,
besides subjecting them to contamination from association with the most
hardened criminals81."
Judges Restricted - 1823

Regulation-IV, 1823, laid down an important principle that the judges
were not to try the cases of the prisoners whom they had themselves
convicted as Magistrate.
Convicts at Bencoolen
"Upon December 20, 1823, Sir Stamford Raffles again wrote to the
Government "As the management of convicts ought to be a subject of
consideration, I send you a copy of the regulations established for those
of this place. The convicts now at Bencoolen amount to 800 or 900, and the
number is gradually increasing. They are natives of Bengal and Madras;
that is to say of those presidencies. The arrangement has been brought about
79 Prison Discipline Committee (1838), PP 13,

72
gradually, but the system now appears complete, and, as far as we have yet
gone, has been attended with the best effects. I have entrusted Mr. John
Hull with the superintending of the department, and he feels great pleasure
and satisfaction in the general improvement of this class of people82."
Whipping of Females Prohibited - 1825

Regulation-XII, 1825, Sec. III.- No female shall hereafter be sentenced
to corporal punishment by stripes.
'Ratan' Replaces 'Corah'

Regulation-XIII, 1825, Sec. IV- The use of "corah". as an instrument
of punishment for the execution of sentence of corporal punishment is
prohibited. In future the "ratan" shall be used as the only instrument of
punishment in the infliction of corporal punishment by stripes.
Singapore Penal Settlement

The English got the possession of Singapore island by a treaty signed
on February 6, 1819. Adam writes, "It was on 18th April, 1825, the first batch
of convicts was transferred from India to Bencoolen, and then to Singapore.
They consisted of 80 convicts from Madras, 74 of whom were for life and 6
on short term sentences. Among these was one female, sentenced for life.
On the 25th a fresh batch was transferred from Bengal, 89 of whom were for
life, and 33 for short term83."
Computation of Sentence - 1828

Regulation-I, 1828 – those imprisoned for life, may have their sentences
computed to transportation by the order of Governor-in-Council.
Bishop Herber in Northern India – 1828

Laird reports Bishop Herber's impressions of Bengal, in early eightees,
"Capital punishment are described as far from frequent, and appear to
be inflicted for murder only; for smaller crimes, offenders are sentenced
to hard labour, and are seen at work in the public roads, and about the
barracks, in groups more or less numerous, each man with fetters on his
legs, and watched by police men, or sepoys. These poor creatures, whatever
their original crimes may have been, are probably still more hardened by
82 Adam, H.L. (1909) The Indian Criminal, John Milne, London, pp 56

83 Ibid; Adam; pp 64-65
73
punishment which thus daily, and for a lenght of time together, exposes
them in a degraded abject condition, to the eyes of men. I never saw
countenances so ferocious and desparate, as many of them offer, and which
are the more remarkable as being contrasted with the calmness and almost
feminine mildness which generally characterizes the Indian expression of
features. He also recorded his impressions after visiting a jail, as "The prison
was very well arranged, with roomy wards, dry and dirty apartments, and
permission given once a day to all the prisoners to go out on a large plain,
within a low outer wall, to dress their victuals. This indulgence indeed,
joined to the lowness of even the main wall, makes it necessary to keep
them all in irons, but that is, in this climate, a far less evil than a closer
confinement, or the increased interruption of the fresh air. The prisoners
complained loudly that their allowances were not sufficient. Mr. Master
told me that the present dearth of rice, made them, indeed, far less than
they used to be, but that the original scale was too high, and more than a
man could earn by labour. Some Burmese were here, and the only persons
not handcuffed (except the debtors).... The debtors were numerous and
very miserable objects84."
Increasing Pressure for Jail Accommodation

An outstanding feature of this period of approximately forty years is
the growing pressure for jail accommodation. Imprisonment was largely
being resorted to as the punishment. There was an ever increasing demand
for the cheap convict labour, urgently required for the construction of
public roads and buildings, becoming more and necessary in the interest of
administration for better and quicker communication and secure lodgings.
The following records of the punishments awarded by the courts of justice,
during the years 1826 and 1827, show that the prison accommodation
needed for convicts alone was roughly thirty-one thousand for the Lower
Provinces and another thirty-seven thousand for the Upper Provinces -
During the period 1816-1827, the punishments awarded by the courts
of justice were as follows85:-
84 Laird, M.A (1971) Bishop Herber in Northern India, (Selections from Herber's Journal –
first published in 1928 in two volumes by Herber's wife Amelia; Cambridge University
Press, pp 47-48, 79-80
85 Despatch of the Court of Directors to the Governor General dated March 30, 1831,
Parliamentary Papers, House of Commons, Report from Committee, "East India
Affairs (Judicial) 1831-32, Vol XII, Appendix A, pp 207-208
74
Persons Imprisoned for life or

Persons Sentenced to Death
Transportation
Year
Lower Upper Lower Upper
Provinces Provinces Provinces Provinces
1816 64 51 213 69
1817 57 57 214 54
1818 24 30 150 103
1819 42 52 240 105
1820 25 30 224 100
1821 22 36 189 89
1822 20 30 103 62
1823 42 35 56 62
1824 31 20 89 59
1825 26 40 51 77
1826 26 41 70 101
1827 23 32 96 57
During the years 1826 and 1827, the punishment awarded by the courts
in the upper and lower provinces were as follows:-
Punishments Lower Provinces Upper Provinces
Imprisonment for 2 yrs. & above 1,777 2,340
Imprisonment for 1 yr. & under 2 yrs. 2,169 1,930
Imprisonment for 6 months. & under 1 yr. 237 64
Imprisonment for 6 months. or under 14,461 20,040
Fines............................................... 6,317 14,647
Whipping.............................................. 12,606 14,704
Hard Labour....................... 12,473 13,211
Dismissal or suspension of Govt. Officials..... 929 1,887
Crime Conditions – 1831

A despatch from the Court of Directors in 1831 stated, "In the ceded
and conquered Provinces, depredatins with murder and wounding were
above six times more prevalent than in the lower provinces; affrays with
loss of life about five times; and murder and homicide about two or three
times86."
Alipore Gaol 1833

Alipore gaol in Bengal, in 1833, presented the typical picture of a gaol
that was constructed by the English rulers at that time. This gaol has been
Parliamentary Papers, House of Commons, Report from Committee, " East India
Affairs (Judicial) 1831-32, Vol XII, Appendix A, pp 207-208
75
described as, "the buildings within which the prisoners sleep consist of
twelve wards, but this large area between them and the outer enclosure
is not divided by any partition walls, so that all the prisoners are together
from mid day till sleeping time. During this time they purchase their food
in a sort of bazar within the area, cook, eat and amuse themselves as they
like. This want of internal divisions, as it enables the whole mass of convicts
to congregate at one point in a moment, makes the merely entering the
Gaol, for the purpose of inspection, a matter of danger. This defective
construction sufficiently accounts for the entire absence of discipline in
this gaol, and for the very small quantity of work done by the prisoners.
Thus though nothing can be worse than the management of this prison, the
building itself, rather than the gentlemen who have successively had the
superintendence of the prisoners, is the cause of this great evil...
Some years before, the convicts in this gaol deliberately cutoff the nose
of one of the native officers attached to it, against whom they had taken
offence87."
Convict Road – Gangs under Engineers

"......... there were, in round numbers, 13,000 prisoners, on an average,
under the charge of Engineer Officers, and employed at a distance from
their gaol on the great-Trunk road, and other roads."
"This system was commenced in the Lower Provinces on the first of
March, 1833, when every prisoner sentenced to labour, for whatever crime,
whose unexpired period of imprisonment exceeded one year, was sent
to Captain Thomson from the Gaols of Benares, Mirzapore, Ghazeepore,
Sarun, Shahabad, Patna, Bihar, Ramghur, Beerbhoom, and the Jungle
Mahals...."
"The system was, we believe, commenced in the upper provinces about
the same time as in the lower provinces88."
The Emerging Prison System

Since the day Company became zamindar of the three villages, it began
to exercise all those powers which other zamindars in Bengal enjoyed, at that
time. Company's zamindari functions, within the settlement of Calcutta,
were entrusted to an English officer, known as the collector or zamindar,
Parliamentary Papers, House of Commons, Report from Committee, East India Affairs
(Judicial) 1831-32, Vol XII, Appendic A, pp 207-208
88 Prison Committee, 1838, pp 207-208
76
who used to be a member of the Governor's council89. He discharged judicial

powers in all cases, criminal, civil and revenue, pertaining to the Indian
inhabitants of the settlement. The Calcutta jail was established to cater for
these requirements.
On May 11, 1772, with the proclamation that the company shall stand
forth the character of Dewan, the whole fiscal adminstration of the province
of Bengal and Bihar passed into their hands. Warren Hasting's first task was
to redesign the revenue collection. As a second step, leaving criminal justice
to the Nawab, he interposed a loose supervision of the English officers in
the district, over criminal courts. The arrangement did not prove effective,
which was ultimately given up.
Whatever may have been the philosophical thougths and ideals of
an erudite Warren Hastings, at the action level as the Governor-General,
he exhibited no time, will or patience to practice the slow moving
administration of just methods himself or get them practised by his
officers. He appeared to be in a great hurry to present financial gains that
would immediately appease his masters. Peace, happiness and welfare
of the subjects was nowhere listed in his plan of actions. In the words of
Herbert Spencer "Cold blooded treachery was the established policy of
the authorities. Princes were betrayed into war with each other; and one
of them having been helped to overcome his antagonist, was then himself
dethroned for some alleged misdemeanor. Always some muddled stream
was at hand as a pretext for official wolves90. Dependant chiefs possessing
coveted lands were impovershed by exorbitant demands for tribute and
their ultimate inability to meet these demands was constructed into a
treasonable offence, punishment by deposition. "It seems as if there was
a cold calculated manner of acting to drive home the largest benefits, by
means fair or foul, and to create a general atmosphere of loot, lawlessness,
disorder and awe, to justify their presence and interference. Light is thrown
on the then prevailing terror stricken conditions in the society, whereever
East India Company operated, by Herbert Spencer's remarks, "Judge to
what a pass things must have come when in describing a journey, Warren
Hastings says : 'Most of the petty towns and serais were deserted at our
approach91."
On December 3, 1790, Cornwallis took over the entire responsibility for
criminal justice, long neglected so far. He abolished the last kept up vestiges
89 Wilson, The Early Annals of the English in Bengal, I (1895 – 1917), pp 191
90 Herbert Spencer (1970) Social Status, Quoted by Pandit Sunderlal in How India Lost
Her Freedom, Bombay Popular Prakashan, pp 21
91 Ibid; Spencer, pp 21
77
of the shadowy authority of the Nawab of Bengal for administration of

criminal justice. The Muslim criminal law was continued to be in use, but
with several modifications and clarifications, that purported to induct the
English law and thinking on the subject. A three tier structure of criminal
judicature was set up and Regulations enacted from time to time to guide
the work of criminal justice administration.
The loose and shoddy buildings in which the jails were housed during
the decaying rule of the Nawab, were tolerated to continue. Some attention
had to be paid to their general management. Fredric J. Mouat discussing the
prison system in India in its historical perspective writes, "The prison system
of India, like British rule in that country, has grown up by degree, until, as
the Empire was consolidated and order introduced in all departments of
the Government, the treatment of the criminals took its place among the
recognised branches of the judicial administration92."
"In the beginning, when the laws were imperfect, their administration
defective, the courts few and far between, and the rulers gradually acquiring
a knowledge of the strange country and stranger people they were called
upon to govern, the subject of prison discipline attracted little attention.
Places of detention for those who had committed crimes were constructed,
and were placed in the charge of judicial offices. Rules for the guidance
of these offices were from time to time issued by the Government and the
higher judicial courts; but these had no authority to enforce obedience to
them, and each officer incharge of a prison did very much as he pleased
with the criminals of his district. The real charge of the prisons was in the
hands of ill-paid native subordinates, and abuses of every kind, as might
have been expected, prevailed."
Socio-Political Influences
The political conditions, on the Indian sub-continent, during this
period, were in a state of flux, undergoing quick quirks and cataclysmic
changes, all around. In 1790, when the story of this chapter starts, British
possessions in Bengal included the territory that now forms part of Bihar
and large part of north eastern writes, "Tipu fell before the full force of
British arms.... on May 4, 1799. Almost half of Mysore was now annexed
to the Company's domain, linking Madras to the west coast.... Soon after
Hyderabad's Nizam was obliged to cede his cotton rich region of Berar to
92 Mouat, Fredric J. (1872) Prison System of India; National Association for the Promotion
of Social Sciences, London, pp 3
78
the British..... In 1801, Wellesley ordered British troops to strip Oudh of its
rich western Doab and Rohilkhand..... the wealthy port-state of Surat was
also now absorbed..... as was Tanjore in the South.... By February, 1826 the
Burmese king had surrendered his coastal province and all claims to Assam
and Manipur93." In the extensive new territories grabbed by the British, the
wars and insurrections, had destroyed the stability, economy, trade, peace
and prosperity of the natives, giving rise to a widespread upheaval, ruin,
terror and travail, with no one to take care of law and order.
On the other side, in the territories over which the Company had
claimed its responsibility for law and order, the story as told by Wolpert
was, "Between 1813 and 1833, the decades that marked the collapse of
Bengal's vast home-spun cotton industry, millions of Indian women and
men were thrown out of work by machines half a world away. Bengali
unemployment reached unprecedented levels as the industrial revolution
rocked India's peasant economy, transforming what has hitherto been an
inter-dependent but self-suffficient state of relative economic prosperity
into a precariously dependent market of peasants, whose numbers would
continue to swell during the remaining decades of the nineteenth century,
increasing the economic pressures on India's arable land94." The law and
order situation was summarised in a despatch from the Court of Directors
on March 30, 1831 as, "In the ceded and conquered Provinces, depredations
with murder and wounding were above six times more prevalent than in
the Lower provinces; affrays with loss of life about five times; and murder
and homicide about two or three times95."
Majumdar comments, "Thus within half a century of the battle of Plassey,
the phenomenal prosperity of Bengal suffered a serious setback from which
it has not recovered even today (1946)96." And, describing the picture on the
other side Michael Edwards writes, "But the expansion of British domain
in India soon produced a bruden of debt instead of a revenue surplus. By
1813, the Company had become basically a military and administrative
power....97" Thus, there was no time, energy, money, resources and peace
with the Company functionaries to fund and foster adequate number of
93 Wolpert, Stanley, (1977) A New History of India, Oxford University Press, New York,
pp 201-207
94 Ibid; Wolpert, Stanley, pp 214
95 Prison Committee, 1838, pp 206
96 Majumdar, R.C. and Others (1967) An Advanced Hostory of India, Macmillan, St.
Martin's Press, New York, Third Edition, pp 803
97 Edwards, Michael, (1952) British India (1771-1947) Sidgwick and Jackson, London,
pp 67
79
criminal courts, judges, prisons etc., necessary to establish a comprehensive

and effective system of rendering criminal justice. It was only in ups the
starts, under pressing circumstances, that a spordic splash of sketchy and
shoddy regulations appeared on paper, which were haltingly executed.
Shapes of Prisons by 1833

In the final shape of things, as the prisons existed at the end of 1833, the
following picture of Prison-System stands out:
1. Organization
Prison, by now, was a well recognised, separately identifiable
institution, for the detention of persons awaiting trial before the court, and
also for keeping persons found guilty and awarded a sentence by the court.
The new role of prison as an instrument for carrying out imprisonment as
a punishment, got well established as a common practice, without being
questioned at any level. As an institution, it was crude and rudimentary,
with a number of arrangements made on a temporary and make-shift
basis. The staff was few in number, unqualified and low paid, and even ill-
treated as the inferior officials were made subject to corporal punishment
for dereliction of duty. The more important security staff was borrowed
from the police and military. Despite the fact that prison was a residential
institution, there was no post of a residential superintendent or a medical
officer, to provide requisite whole time attention and care. Most of the jails
were housed in hired buildings of mudwalls and a thatch roof, which were
highly insecure and unhygienic for lodging a large number of inmates.
There was no Prison Department as such. Even the institution of
Central Jails had not come up. At this time, even in England, no Prison
Department had been established. "The Home Secretary was, by an Act of
1835, empowered to appoint persons to inspect prisons on his behalf and
to report to him98.
2. Spread of Jails
A Jail was attached to each Zilla and city criminal court, in the province.
In 1796, construction of a new jail at Mirzapur was started.
In 1803, seven new Adawluts were established at Moradabad, Bareilly,
Etawah, Farruckabad, Cawnpore, Allahabad and Gorakhpore.
98 Fox, Lionel W. (1952) " The English Prison and Borstal Systems: Routledge & Kegan
Paul Limited, London, pp 37
80
3. Administrative Charge of Jail

The Collector and Magistrate of the district held the charge of the
zilla jail, who was required to visit the jail at least once every month. A
native officer known as "darogah" was to look after the jail, and "had, in
practice, the whole administration in his hands.99" Since 1816, Zilla and
City Magistrates were required to visit the jail at least once every week.
Judges of the circuit court were required to visit the jails, half yearly for jail
deliveries and administrative inspection of the jail.
Since 1793, Judges of the circuit were required to visit the jails in the
cities of Patna, Dacca and Murshedabad and the zillas of the Twenty Four
Parganahs, Murshedabad and Dacca Jelalpore once in every three months.
Since 1795, Judges of the circuit were required to visit the jails in the city of
Benares, once in every three months. Since 1799, jail deliveries for the city
of Benares, Dacca, Murshedabad and Patna were to be held every month.
4. Jail Establishment
i. The supervision and charge of the jail was held on part-time basis.
ii. A darogah was a low paid official.
iii. There were one or two assistants known as 'moharer'.
iv. Watch and ward was carried out by men drawn from the police.
v. The jail guard was provided by the military personnel.
vi. Miscellaneous – when the convicts were employed on Road
construction or other public works, supervisors were engaged.
vii. The sytem of employing well selected convicts as Burkundaz, was
introduced. They were paid a sum of Rs. 4/- per month.
Sadar Nizamut Adawlut was the appointing authority for the darogah
and all other staff under him. Since 1816, this power was vested in the
Magistrate incharge of the jail. The subordinate jail establishment varied
from place to place. Patra writes100, "From the anonymous but private
Notes on the Early Administration of the District of Midnapore, we get the
following account of the jail establishment in one of the leading districts of
the three Provinces :
1 Mirda and malconnah (Store Keeper)... @ Rs. 25/- p.m.
99 Dodwell, H.H. (1958) : Editor, The Canbridge History of India- Vol VI, S. Chand and
Co., Delhi, pp 56
100 Patra, Atul Chandra (1962): The Administration of Justice Under the East India
Company in Bengal, Bihar and Orissa; Asia Publishing House, New Delhi, pp 143
81
30 Burkundazes .......................................@ Rs. 3/- p.m.

1 Tabeeb (doctor) ....................................@ Rs. 20/- p.m.
1 Tazeena bardar (flogger) .......................@ Rs. 4/- p.m.
1 Jullaud (hangman) ................................@ Rs. 4/- p.m.
1 Gorekhand (grave digger)......................@ Rs. 4/- p.m.
5. Custody
"Under the Bengal Presidency the manner in which the prisoners are
guarded when at work out of gaol is by placing over them Burkundazes or
armed men, who vary in number proportionally to the number of prisoners
to be guarded, one being allowed to be retained for five prisoners. One
Duffadar, or petty officer is allowed for 25 Burkundazes or 125 prisoners,
and one Jemadar 250 chief officer is allowed for 50 Burkundazes or 250
prisoners.101 " The pay of these guards in the Lower Provinces was :-
Burkundaz ........ Rs. 4/- per month
Duffadar ........ Rs. 6/- per month
Jemadar ........ Rs. 10/- per month
The business of this set of guards was confined to keeping watch on
the prisoners who were employed on work out of the gaol.
"There is besides another guard of Burkundazes on the fixed
establishment, called generally the gaol guard... to guard the prisoners
when in gaol whether by day or night... The gaol guard was entertained
on the abolition of the Provincial Battalions, by whom the gaols used to be
guarded, and the men employed were mostly sepoys in those battalions102."
"Prisoners are guarded in the Madras Presidency in the same way as
they are guarded under the Bengal Government103."
"Under the Bombay government, every gaol is guarded by a party of
regular troops; besides this a certain number of peons is attached to every
gaol, and to some gaols, pikes or sepoys of local corps are allowed. The last
two descriptions of guards are generally employed over prisoners at work
on the roads104."
101 All India Jail Committee, 1838, Para 18

82
6. Jail Buildings
There was heavy overcrowding in most of the jails. The buildings were
tottering, unhealthy, damp and inadequate. Proper jail buildings could not
be constructed. Jails were continued to be housed in buildings, mostly hired
for the puspose, in the days of the decaying rule of the Nawab. These were
made of mud walls with thatched roofs, that were open to severe damage
during heavy rains, gales, storms and fire etc. The upkeep and repairs of
these structures was costly and so was time and repair and construction of
jails.
At Serampore jail "all the prisoners were being kept in the jail house
which was damp, without rood, ventilation, and very dirty. In one corner
there was a puddle of urine; hanging against the wall were some dirty
rags, the bedding had a musty appearance, and the ward was lighted by
cheraghs. In fact, everything about the place was dirty and untidy105. "
In 1792, Cornwallis had expressed his resolve that "Five brick prisons
were to be built each year until the whole were completed106."
A new jail construction had been ordered at Mirzapur in 1769. In
Midnapore, half the fort was used as a jail, in 1802107. H. Strachey had made
a survey of the jail accommodation throughout the territories of East India
Company and submitted a report in 1805. The jail at Bareilly was a pucca
one by that time108. Another jail was constructed at Saharanpore in 1806.
7. Classification & Separation of Prisoners

In general, the prisoners were kept mixed together. They were locked
up in association at night, and worked in groups in the day. For purpose of
separation, both the undertrials as well as the convicts were categorized as
males and females; and each class was further categorized into six different
categories depending upon the nature of crime. There were instructions to
keep all these different categories of prisoners separate from one another,
but since the requisite amount of separate accommodation was not available
for this break up, practically no classification and separation was carried
out.
106 Bengal Revenue Judicial Consultations, Oct 5, 1792
107 Answers dated 30th January, 1802 of H. Strachey Judge Magistrate of Midnapore, to the
Interrogatories of Lord Wellesley
108 Report to the S.J. Goad, Registrar to the Nizamat Adawlut from H. Strachey, 3rd Judge,
No 2, Bareilly Division, 1805, dated 25th January, 1805
83
Patra writes, "When the Select Committee was writing its Fifth Report
in 1812, prison-houses had been erected with a scheme of separating the
debtor prisoners from the ordinary criminals, the undertrials from the
convicts, and women from men109."
8. Sanitation, Health and Medical Care

The Magistrates were directed "to be particularly attentive to the
health and cleanliness of the prisoners." The Surgeon attached to the station
was required to attend and administer to the sick. As per reports of the
various Magistrates, the sanitary conditions were poor, ventilation of the
barracks defective, and in several jails the land and buildings were damp
and marshy.
Arrangements of drinking water were neither adequate nor satisfactory.
Sickness and mortality rates among prisoners were high.
It was reported that "at Serampur the jail was an old Danish structure,
and quite unsuited for its purpose. The hospital was damp and very dirty,
the bedding of the sickmen was filthy, the wards also damp, unventilated,
and unfit to confine human beings in110."
9. Employment of Convicts
There were no arrangements to employ the prisoners indoor in any
industry or vocation. The only indoor employment was prison services such
as necessary for the repair and unkeep of the buildings; general sweeping
and cleansing etc. The main employment of convicts was outdoor on the
construction of public roads and other public works. When the site of such
works was far away from the jail, the prisoners stayed on at the work site
in tents and huts. The working conditions for prisoners employed on roads
and public works were inhuman, derogatory and unhealthy. The prisoners
worked in irons, and additionally at night they were secured by a chain.
Handcuffs were freely made use of. Though this mode of employment of
prisoners repeatedly came under adverse criticism, yet it was continued
throughout this period.
"The manner in which the labour of all criminal prisoners now generally
employed is by making them work upon the public roads, in fetters, but
the system varies in some degree in the provinces subject to the different
subordinate Government111."
109 Patra, Atul Chandra (1962) The Administration of Justice Under the East India
84
"In the provinces, subject to the Bengal Government there is properly

speaking, no system of indoor labour for male convicts, excepting those
sentenced to imprisonment for life112."
The cost to the State on account of prisoners employed on the
construction of public roads or buildings under the charge of Executive
Officers was more than the cost on prisoners employed indoors under the
charge of Magistrate, as would be seen in the following statement113 :
Under the Lower Provinces N.W. Provinces
charge of
Magis- Total Yearly cost Yearly Cost of each Total Yearly cost Yrly. cost of each
trates Rs. 5,30,927 prisoner Rs. 32-13-2 Rs. 5,61,108 prisoner Rs. 49-14-1
Executive Rs. 2,43,916 Rs. 46-4-6 Rs. 3,17,727 Rs. 58-11-1
Officer
10. Dietry
During this period the jails bore no responsibility to supply the jail
inmates with cooked food or even the uncooked rations. Patra writes that
the, "Convicts received diet allowance as three-fourths of an anna a day114."
The scale of diet money given to prisoners widely varied from district to
district and from Province to Province. Thus, while it ranged from 5 pies to
12 pies a day, per prisoner, in the North Western Provinces115. The prisoners
cooked food for themselves, individually or in groups, whatever and
wherever they found it convenient. "The system of paying daily subsistence
allowance to prisoners meant that catering was left to jailors who made all
they could out of it116."
In 1828, Bishop Herber had observed during his visit to a jail in
Bengal that "The prisoners complained loudly that their allowance was not
sufficient". There was no uniformity in the amount of money allowed as
subsistence allowance, in the various jails. The prices of the items of ration,
widely varied from jail to jail, as did the quality. In general, "Every prisoner
in the Jails of the Upper provinces used to receive a monetary subsistence
allowance while he was there. Out of this sum he could purchase his
requirements according to his choice from a fixed number of available

114 Patra, Atul Chandra (1962) The Administration of Justice Under the East India
116 Dodwell, H.H. (1958) : Editor, The Cambridge History of India-Vol II, S. Chand and
Co., Delhi, pp 56
85
edibles. This system required the Government to maintain shops within

the jail buildings, to stock different commodities of daily requirements and
to make some arrangements for their sale etc. Moreover it gave rise to a lot
of corruption and bribery in the jail administration, specially among the
low-paid staff. Naturally all this created confusion and trouble117."
11. Prison Offences and Punishment

- Prison offences had been denied.
- Prison punishment had also been prescribed.
- Whipping was the most commonly awarded punishment,
which was resorted to very light–heartedly and was thought to
be the mildest of all other punishments for the directions read
"moderately corrected with a ratan".
- Physical torture appeared to be the main plank of prison
punishments. Besides whipping, the other punishments were
putting on heavier fetters, adding an iron neck-chain of moderate
weight, handcuffing, solitary confinement and reduction of the
diet allowance.
12. Ameliorative Measure

At the administrative level, printed rules were supplied for the guidance
of the Magistrates for better management of jails. The prisoners were also
made available jail rules for their guidance, translated in local language.
Similarly, rules were prescribed for the guidance of superintendents of
convicts employed on the construction of public roads or other public
works.
Prisoners sentenced to imprisonment for life were given the option
to have their sentence computed to one of transportation. Mutilation as a
punishment was abolished. Infliction on corporal punishment by the use
of 'corah', which very often proved to be fatal, was prohibited, Corporal
punishment was to be inflicted by a 'ratan' after providing a protective
leather jacket to the convicts. The convict, before being awarded corporal
punishment, was required to be declared medically fit to undergo the
punishment, and at the time of infliction of punishment the native doctor
was required to be present, who could stop further infliction if the condition
of the prisoner so warranted it.
117 Dharam, Bhanu (1957) History and Administration of the North-Western Provinces;
Shiva Lal Agarwal & Co Pvt Limited, Agra, pp 290-291
86
In 1825, corporal punishment for females was abolished. A weekly day

of rest was allowed to the prisoners, on Sunday. A system of remission of
the remaining portion of sentence was introduced. A measure of after-care
was introduced when it was ordained that a prisoner who had undergone
a prison sentence for six or more than six months, was entitled to receive, if
in need of it, an allowance enough to maintain him for a month, which was
not to exceed Rs. 5/- per person.
New Penal Adventures

Jain discussing the judicial system forced by the English Company in
Bengal comments "features of the Calcutta judicial system show that, from
the very beginning the Company's representatives at Calcutta asserted and
exercised more powers than belonged to them as a zamindar under the
customs prevailing to the land118." There is however, another characteristic
feature, in the methods of the Company functionaries that attracts particular
attention, which refers to the quantum of inhumanity and brutality in their
handling the general run of native, with whom they had dealings.
Long writes, "on Nov. 17, 1760, the Governor and Council thinking
that the usual method of punishment of capital crime in the zamindari by
whipping to death did not sufficiently contribute to deterring criminals
as the example was not sufficiently public. Therefore, they ordered that
punishment may be changed into that of blowing by a gun119."
In 1779, by an "Act to Explain and Amend the Laws Relating to the
Transportation, Imprisonment and other Punishment of Certain Offenders
(19 Geo. 3. c. 74-1779, Great Britain) the British Parliament abolished
branding of offenders, but, eighteen years thereafter, in India the English
rulers inducted branding of offenders which remained in operation for
more than half a century, till it was abolished by Act II of 1849".
In 1797, the English rulers in India ordered the Police Officers that after
prisoners have suffered death, the body is to be suspended upon a gibnet
on or near the spot where the murder was committed, which was not to be
removed by the friends of the offender of others. Leonard Orland points
out that, "Early English Law relied extensively on physical punishment,
as opposed to fine or imprisonment.... although mutilation ultimately
disappeared from English Law, the brutality of Anglo-Saxon criminal
118 Jain, M.P.,(1966) Outlines of the Indian Legal History, N.M. Tripathi Pvt. Ltd., Bombay,
119 Long (1869) Selection from Unpublished Records of Government, Vol. 1, pp 224 & 298
87
punishment continued unabated into the eighteenth century.... Ordinary

hangings were frequent, and drawing and quartering, where the hanged
offender was publicly disembowled and his still-beating heart held up to a
cheering multitude, was not uncommon120."
Long also narrates that in one case the punishment awarded was "to
receive one hundred and one lashes every Friday for 3 months121." It has
alreadly been pointed out that Regulation III, Section 6 or 1812, introduced
the innovation that native employee of the Company, such as the watchman
under the Kotwal or the Darogha, were liable to corporal punishment, for
gross neglect of duty.
Another feature of greater importance was that prior to the British in
India, transportation of prisoners had never been a mode of punishment
here, nor it is so in Independent India. The Company officers, as early as 1787,
acting as zamindars manipulated to introduce the sentence of transportation
and give effect to it, while in their home country, Hudne records, "By 1776,
the Governement realised that the system of transportation was very
wasteful in manpower122" The preamble of 16 Geo. III, c.43 sets/that out."
Adam writes, "The first Indian penal settlement, then, was Bencoolen,
known to the Malays as Banka-ulu, and is situated to the south-west of
Sumatra. Convicts were first transferred from India to this place in the year,
or about the year 1787, when the transportation system between England
and Australia was inaugurated123. When we took Bencoolen in 1685, it was
not a very populous place, nor had the population much increased when
it became a penal settlement, for which it was considered to be admirably
adapted in 1787." The number of convicts at Bencoolen, in 1823, ranged
between 800 and 900124.
A grave constitutional question is, what right the Britishems, even as
zamindars, had to sentence to transportion and execute the sentence on an
Indian and thus remove him from his motherland. To quote the English
Law, in this reference, Blackstone writes, "No power on earth except the
authority of Parliament, can send any subject of England out of the land
against his will; no, not even a criminal." We shall leave the legal aspect
120 Orland, Leonard (1975) Prisons: Houses of Darkness, The Free Press, MacMillian
Publishing Co. , pp 14-15
121 Long (1869) Selection from Unpublished Records of Government, Vol. 1, pp 178
122 Hinde, R.S.E (1951) The British Penal System 1773-1950, Gerald Duckworth & Co Ltd,
pp 40
88
of the issue, but what concerns us is the peno-correctional aspect of the

matter. Specifically, what was the peno-correctional press and purpose for
which the transportation of prisoners was resorted to125 ?
In England, "Transportation has never been a punishment under the
Common Law.... In 1717 a special statutory provision initiated a systematic
transportation to the New World.... An apparent want of servants, who by
their labour and industry might be the means of improving and making the
said colonies and plantations more useful to this nation, was another motive
for the law givers." Writes Grunhut adding that the practice of transporting
convicts, "came to an end by the American Declaration of Independence in
1776126".
Bencoolen was not the only penal settlement to which Indian prisoners
were sent. There were several other penal settlements, such as Penang,
Malacca and Singapore etc. "In 1825, as already stated, the Bencoolen convicts
were transferred to Panang, and later to Malacca and Singapore127." In 1825,
Singapore was first selected for the transportation of convicts from India128.
"It was on 18th April, 1825, the first batch of convicts were transferred from
India to Bencoolen, and thence to Singapore. They consisted of 80 convicts
from Madras, 74 of whom were for life and 6 on short term sentences.
Among these was one female, sentenced for life. On the 25th a fresh batch
was received, consisting of 122 convicts from Bengal, 89 of whom were for
life, and 33 for short term129."
Penang, situated at the northern extremity of the Malacca Straits, was
acquired by the British from the Rajah of Kedah in 1785, where the first
prison "was situated on the Penang road, and was known as 'Chowrasta
Lines'. As the number of convicts from India continued to increase the jail
was found to be too small so another larger jail was erected on the opposite
side of the road.... Prior to the transportation of convicts from Bencoolen,
Penang had already been made a penal settlement, convicts having been
sent there direct from India130."
Adam also quotes from the Anecdotal History, "Singapore, Malacca,
Penang and Moulmein were the sydneys of India. There are upon an average
125 Blackstone, W (1770) Commentaries on the law of England, 4th Edition, Oxford, pp 137
126 Max Grunhut (1948) Penal Reform, Clarendon Press, Oxford, pp 137
130 Adam, H.L. (1909) The Indian Criminal, John Milne, London, pp 56-57
89
about 1,100 to 1,200 native convicts from India constantly at Singapore131."

This largescale resort to transportation of convicts to penal settlements,
out of India, to territories not in Indian possession, after collecting from
different British occupations in India, appears to have been a part of some
larger scheme of things, controlled from outside India. Whatever the real
motives behind initiating and continuing this practice, one apparent relief
to the British administrators in India from the practice was that they have
spared the expenses on maintenance of this large number of prisoners,
and the urgent need of providing funds for the construction of bigger and
more secure jails to house that increasing number of convicts. "Warren
Hastings, as President of the Council,. recommended on July 10, 1773, the
punishment of transportation outside India for life-term prisoners so that
the expenditure on erecting prisons, maintaining the guards and providing
the prisoners with food and clothing might be saved. He also suggested the
sale of convicts as slave labour132."
The Overall View

The period under view has been a period of great political activity,
much beyond the bounds of trading company. It presents long drawn
scenes of ruthless repression, cruel exploitation, merciless extortion, forcible
occupation, brutal annexation, show of muscle and power, resulting in the
destruction of indigenous trade and industry, largescale unemployment
and ruin of economy of the inhabitants of the land. The servants of the
Company were not answerable to anyone for detaining anyone in the jail,
however flimsy or trivial the charge be. The jails were getting more and
more overcrowded. At this time, imprisonment came to be accepted as
an accepted form of punishment, more in use than all the other modes of
punishment, still available and in use, in India.
A lot of hard work was put in, at the highest level, in chalking out a
prison policy and drafting detailed rules for the upkeep and management
of jails, which was incorporated in the Bengal Regulations of 1793, which
have already been quoted earlier at some length. There cannot be a better
commentary on the utility or fertility of the prison policy and programme
executed in India, than the one recorded by John William Kaye, in the
opening paragraph of his book "Administration of The East India Company",
which reads.:
132 Dharam, Bhanu (1957) History and Administration of the North-Western Provinces;
Shiva Lal Agarwal & Co Pvt Limited, Agra, pp 63
90
"When Mr. Barlow, then Secretary to the Indian which the Bengal
Regulations of 1793 was based, Sir William Jones, to whom this important
document was submitted, struck his pen across the first three words. The
correction which he made was a significant one. Barlow had written: "The
two principal objects which the Government ought to have in view in all its
arrangements, are to insure its political safety, and to render the possession
of the country as advantageous as possible to the East India Company and
the British Nation." Sir William Jones, I have said, erased the first three
words, instead of "the two principal objects", he wrote: "two of the primary
objects;" and then he appended this marginal note: "I have presumed to
alter the first words. Surely the principal object of every Government is the
happiness of the governed." Sixty years have passed since that significant
correction was made, and now it is a moot question, whether the practice
of the British Government in India, throughout that time, has been in
accordance with the words of Mr. Barlow, or those of Sir William Jones133."
Madras Developments: Telescopic View

The inroad of the English Company, had taken a different course of
events on the south-eastern coast of India, which ultimately ended in the
full-fledged independent Presidency of Madras in 1715, after struggling
for more than a century. A brief reference is made to elicit the picture of
early developments of criminal justice/administration, under another set
of circumstances and conditions. It was in 1611 that the English established
a factory at Masulipatam, which was the principal port of the flourishing
kingdom of Golkunda. In 1626, another factory was established at
Armagaon, which was located a few miles north of the Dutch settlement
of Pulicat134.
In 1637, Francis Day "secured from the Raja of Chandragiri a grant
of territory some three miles in extent from north to south and stretching
one mile inland. The Fireman empowered the company to build a fort..
to mint its own coinage and to govern and dispose of the government of
Madraspatam for the term and space of two years, after which the company
would continue in possession subject to payment to the Raja of half the
customs duties of the fort135." In 1640, the construction of the fort, named
Fort St. George, was begun.
133 Kaye, John William,; Administration of the East India Company, Richard Bentley,
New Burlington Street, London, Second Edition
134 Majumdar, R.C. and Others (1967) An Advanced History of India, Macmillan, St.
Martin's Press, New York, Third Edition, pp 803
135 Griffiths, Sir Percival (1971) To Guard my People, Ernest Benn Limited, London, pp 25
91
In 1646, the King of Golkunda over ran the Carnatic, but, in return
for the presentation by the Company of a brass gun, the Company's
privileges were continued and confirmed. "Otherwise", reported the agent
"he would not have confirmed our old privileges formerly granted to us
by the now fledd Jentue Kind136." In 1657, after an armed struggle, Mir
Jumla, the general of the King of Goldunda, agreed to leave the Company
in possession of Madras on condition of an annual payment of 380 pagodas
in satisfaction of all demands137. "In 1658, all the settlements in Bengal, Bihar
and Orissa, and on the Coromandal Coast, were made subordinate to Fort
St. George138." In 1672, the payment was raised to 1,200 pagodas and it was
agreed that Madras 'should be wholly under the English with unrestricted
power of commerce, government and justice139.'
In 1687, Aurangzeb defeated the King of Golkunda and became the
overlord of the Company in Madras, and in 1690, his general Zulfiqar
Khan, confirmed the Company's privileges in Madras and Maulipatam.
The position now was that "the English power of government was plenary,
but the sovereignty of the emperor was fully recognized by the payment of
a substantial quit rent140."
"The Moghul Empire now began to disintegrate and the Nizam-ul-
mulk, nominally the Emperor's viceroy, became for all practical purposes
independent and the company had to look to him for its privileges. In
the eighteenth century, however, his power also waned..... he became
increasingly dependent on the English, and in 1801 a usurping Nawab
installed by the English handed over the entire administration to the
Company." Griffiths adds, "until the end of the eighteenth century the
Company always had an overlord and that for the first hundred years or so
the overlordship was a reality.... In 1645, in confirming the earlier grant, the
Raja of Chandragiri made the postion even clearer, for his grant distinctly
stated that 'for the better managing of your business, we surrender the
government and justice of the town into your hands141.' The legal position
thus was that as regards Indians, judicial authority was derived from the
Company's suzerian, while that over Englismen rested on the Act of 1623
which had authorised the Company to grant commissions to its Presidents
136 Foster, W ; The English Factories in India, 1637-41 pp 156-158

137 Foster, W ; The English Factories in India, 1655- 60 pp 174
138 Majumdar, R.C. and Others (1967) An Advanced History of India, Macmillan,
St. Martin's Press, New York, Third Edition, pp 630
139 Love, H.D.; Vestiges of Old Madras, Quoted by Griffiths, pp 25
140 Keith A.J Berriedale (1936) A Constitutional History of India 1600 – 1935, pp 24
141 Griffiths, Sir Percival (1971) To Guard my People, Ernest Benn Limited, London,
pp 26-27
92
and chief offices for the punishment of offences committed by the Company's
servants on land, subject to the provision that in capital cases trial must be
by jury142.
In 1665, on a reference from the Agent, the Company Director clarified
that "the respective Governors and Councils established by us in any of
our fortes, towns etc., have power to execute judgment in all causes, civil
and criminall."143 "There was, however, the technical difficulty that the
Company's Chief Officer in Madras was only an Agent, while the Charter
of 1661 had conferred the necessary authority on the Governor and Council
of any of the settlements. To remove this difficulty, the Agent was now
appointed Governor and George Foxcroft thus became the first Governor
of Madras in 1666144."
The south-east sector had powerful kingdom to contend with. The
foreign trading companies kept themselves increasingly militarised and
battle ready. For a long time the Dutch, French and English were embroiled
in armed conflicts of direct origin, as well as those arising out of lending
support to opposing rulers. In their fortified settlements, to maintain law
and order, they introduced judicial system on the pattern of their own
country, which tried to force on the Indians who lived in those settlements.
The creation of Madras as an independent Presidency, strengthened their
hands. Fine and flogging were the chief punishments with no largescale
requirement of prison accommodation. After the Regulation Act of 1733,
the Presidency of Madras began to fall in line with the general pattern of
English administration for India.
Bombay in the Telescope

What is now called Mumbai City, orginally consisted of seven
islands, which were ruled by a succession of Hindu dynasties. In 1534, the
Portuguese, who had waged naval battles for three years against the fleets
of Gujrat and Egypt, acquired Bassein and the seven islands or villages of
Bombay from Sultan Bahadur. In 1661, the Treaty of Marriage between
Charles II and the Infanta and Portugal provided for the transfer to the
English Crown of the absolute sovereignty of 'the Island of Bombay in
the East Indies with all the rights, profits, territories and appurtenances
whatsoever thereto belonging', subject only to the stipulation that Roman
Catholics must enjoy the free exercise of their religion145.
142 Keith A.J. Berriedale (1936) A Constitutional History of India 1600 – 1935, pp 45
143 Foster, W ; The English Factories in India, 1665-67 pp 252
144 Griffiths, Sir Percival (1971) To Guard my People, Ernest Benn Limited, London, pp 27-28
145 Malabari, Phiroze B.M. (1910) Bombay on the Making ; T. Fisher Union, London, pp 90
93
Fawcett writes, "Bombay was the first place in India where British justice
was administered to native inhabitants by a special court of judicature....
when Bombay was delivered to Humphrey Cooke on 8th February 1665, the
Islands had been under Portuguese rule for over a century and a quarter,
and Portuguese Laws and customs had become firmly established.... Cooke
apparently at first intended to introduce English law.... but subsequently
he changed his mind146. "The first prison established by the English in India
was in Bombay. Fawcett recorded that a complaint was made against Cooke
that the officers appointed were mainly Portuguese. "On this point Cooke in
his report of 3rd March, 1665 says: 'In this Island was neither Government or
Justice, but all cases of Law were carried to Tannay and Bassin; now it is in
His Majesty's Jurisdiction. There must be a settlement of Justice, according
to such Laws as His Majesty shall think fit. For the present I have nominated
for the whole Island a Tannadar, which is a kind of an under Captain; he
had the place afore with 300 serapheenis a year, I am to allow as much. I
have likewise nominated a Justice of peace, to examine all causes with a
Bailiff, that matters being brought to a head, they may make report to me, to
sentence as I shall see cause. I have likewise nominated two persons to take
care of Orphants Estates, one for the white people and one for the Black, as
it was formerly; with other officers under them. I have enordered a Prison
to be made to keep all in quietness, obedience and subjection, these people
generally being very litigious. I have also nominated two customers, one at
Maym and another at this place."
"This shows that under Portuguese regime the main official at Bombay
was a thanadar, a military officer charged with the policing and defence of
the place; and Cooke continued this office."
"Bombay being little more than an insignificant fishing village in the
time of Portuguese, there was no judicial court in the Island; and cases had
to be taken to the Judge (Ovidor) at Thana, or to the higher court (Relacao)
at Bassein."
That prisons were established and 'Keeper of Prisons' appointed was
evidenced in the following account by Wilicox of the opening of the Court
on 8th August, 1665, when there was a ceremonial procession from the fort
through the Bazaar to the Guildhall in the following order147:
146 Fawcett, Sir Charles (1934) The First Century of British Justice in India, Clarendon
Press Oxford , pp 2-3
147 Khan, Shafaat Ahmad: Anglo-Portuguese Negotiations Relating to Bombay, 1660-70;
Oxford-1922, pp. 495-9; Quoted by Fawcett: op.cit., 111, pp. 52-53
94
"- Fifty Bandaries in Green Liveries marching two by two.

- 20 Gentues each representing their two by two.
- 20 Mooremen caste or sect marching two by two.
- 20 Christians
- His Honours horse of State led by an Englishman.
- Two trumpets and kettle drum on horseback.
- The English and Portugal Secretary on horseback carrying His Majesties
letters Patents to the Honourable Company and their Commissions to
the Governor tyed up in scarfes.
- The Justices of the Peace and Council richly habited on horse back.
- The Governor in his Pallankeen with fower (four) English pages on
each side in rich liveries bare headed surrounded at distance with
peons, and blacks.
- The Clerke of the Papers on foot.
- The fower Atturneys, or Common pleaders on foot.
- The Keeper of the Prisons and the two tipstaffs on foot, bare headed
before the judg
- The Judge on horse back on a Valvet foot cloth.
- His servants in Purple surge liveries.
- Fower constables with their staves.
- Two Church wardens.
- Gentlemen in Coaches and Pallankeens.
- Both the Companies of foot (except the main guard) marching in the
Rear."
Shafaat Ahmad Khan writes, "The day was also celebrated by a
distribution of medals, bearing the Company's Arms, which had been
specially minted for the occasion, and by a general release of prisoners".
Phillip Woodruff records, "By 1674, when the useful Dr. Freyer wrote
his description, a good deal of progress had been made:
"The Government here now is English, the soldiers have martial law.
The freeman, common; the chief arbitrator whereof is the President with
his council at Surat; under him is a judiciary and court of pleas with a
committee for regulation of affairs and presenting all complaints148."
148 Phillips Woodruff : The Men who Ruled India, Vol. II- The Guardians; Alden Press
London-1953-55, pp. 58-59
95
".......The justiciary was perhaps more versatile than learned in the

law and was not even very consistent to any principles of its own. Captain
Nichollas, the first judge, was a retired sea Captain, a freeman of Bombay;
he was removed from office for refusing to pay his debts. However, he soon
took up his half-pike as Captain of infantry, only to be again in trouble for
an offence which "We know not well how to put into such decent terms as
may become us to your Honours". He was succeeded by Oly Gary..... He
is described of a mercurial temperament, and his justice certainly seems to
have been unpredictable as summer lightning, for he "Condemned a man
to be hanged on a Tuesday and the man suffered according to sentence; but
on the Friday after, the poor dead Fellor was ordered to be called before the
court but would not comply with the summons".
"Even Dr. John St. John. Doctor of laws, sent out from England to be
judge, sentenced a man 'to lose all that he had in the world and a thousand
pounds beside and to lie in prison at his own charges till the fine was paid."
Fawcett quotes Malabari to say that Bombay Letter of 13 April, 1687
"Mentions that the priest had been committed prisoners to the jail in the
Bazaar by strictly following Sir Josiah Child's Ex cathedra opinion that Acts
of Parliament were entirely inapplicable in India149."
According to Bombay Public Procceedings there was a jail in Dongri
Fort, in which a Mohammedan woman who was convicted of infanticide,
was sentenced to imprisonment150.The Bombay Public Procceedings on July
6, 1726 threw light on the then management of jails when it records, "Not
being able to get any satisfaction from Jevan or Jeva nor able to recover
any money-they being wretchedly poor, and subsisting upon the charity
of the Prison Keeper, the court ordered them to be discharged, the boy to
serve the Marshall six months to answer the Expenses he has been at in
maintaining the Prisoners and to pay his Prison fees151."
Jain observes, "Manned by non-lawyers, mainly traders and merchants,
the early courts were too much under the control of the executive.....
Justice was largely discretionary depending upon the notions of equity and
fair play entertained by the presiding judge ..... The major breakthrough in
this situation occurred, after nearly 150 years of the British administration,
149 Fawcett, Sir Charles : The First Century of British Justice In India; Clarendon Press
Oxford- 1934, pp. 137
150 Bombay Public Proceedings; Consultations of 4 Dec. 1705, Vol. "2,p. 103
151 Bombay Public Proceedings; Consultations of 4 Dec. 1705, Vol. "2,p. 117
96
when the Supreme Court was established to Calcutta in 1774152." Uniformity

in judicial laws, procedure and machinery was introduced by the
Regulating Act of 1773. Sir John Strachey observed. "Before the transfer of
the Government to the Crown, the administration of criminal justice was in
an unsatisfactory condition153." As far as the prison system was concerned,
the select committee of the House of Commons in 1812 reported, "Under
the new system, prisons have been erected, at a great expense, on plans,
separating the debtors from the criminals, and prisoners under sentence
from those detained for examination, or further evidence154."
152 Jain M.P. : Outlines of Indian Legal History; N.M. Tripathi Pvt. Ltd., Bombay-1966,
Second Edition, pp. 2
153 Strachey, Sir John : India, Its Administration and Progress; Reprint-1977, p. 92; Quoted
by T.S. Batra : Criminal Law In India, Metropolitan Book Co. Pvt. Ltd., New Delhi-1981.
154 Firminger, W.K. : Editor – Affairs of the East India Company (Being the Fifth Report
from the Select Committee of the House of Commons Reprinted-1984, pp.68
97
Chapter - III
Change and Challenges for the Prison

System in India
"Much that has become our own in gentleness, modesty, kindness, willingness to forgive,
in veracity, loyalty, resignation under suffering, we owe to people in whom we have
seen or experienced these virtues at work, sometimes in a great manner, sometimes in
a small.... They would be amazed to learn what passed over from their life into ours."
- Dr. Albert Schweitzer
The word 'Prison' and 'Gaol' derive from the Latin words meaning
respectively 'to seize' and 'a cage'. The Oxford English Dictionary defines
prison as, "A place properly arranged and equipped for the reception of
persons who by legal process are committed to it for safe custody while
awaiting trial or for punishment." Whatever may be the offical designation as
jail, work house, reformatory, penitentiary, state prison, house of correction,
or whatever else, it is a place where the punishment of imprisonment is
executed.1
The change in emphasis from custody and punishment to custody and
rehabilitative treatment as the principle functions of a prison has raised a
very important question for both penologists and administrators:
“Can the attitudes and behavior of those who have committed anti social
acts be changed in desired directions through compulsory confinement in
an artificial community composed of other criminals?2
To effectively answer this question, the prison community must be
viewed as a dynamic social system complete with all the processes, checks
and balances, and symbiotic relationships that other social systems have.
This is precisely why research into prison discipline is so important.
Our prisons take men and women who have committed a crime and
mould them into criminals… I know several men who were in jail for years,
only to be found innocent of the crime which sent them away. But upon
their release they were more inmate than straight. The prison environment
had done its work….3
1 Datir R.N. (1978) Prison as a Social System, pp 1

2 McLaren David (1973) “Cons, Hacks and Educated Screws – The Prison Politics of
Discipline and Rehabilitation”, Canadian Journal of Criminology and Corrections,
Vol. 15, No 1, PP 26
3 Runin, Sol. (1973) Law and the Penal System, Canadian Journal of Criminology and
Corrections, Vol 15 No 1, pp 72
98
Change and Challenges for the Prison System in India
Historical Development of Prison Policies in India

In the early stages of prison administration in India, prisoners were
usually employed outside jail walls in the construction of roads, cleaning
of drains and similar occupations. The first All-India Committee appointed
to review prison administration in 1836-38, condemned this system and it
seems that by 1864, when the Second Jail Committee was appointed to report
on prison administration, such road gangs had disappeared. The Prison
Conference of 1877, reopened the question of employing prisoners on large
public works such as canals. According to this Conference such employment
of prisoners was not only very valuable, but also a necessary adjunct to jail
administration. It appears that prisoners were again employed - on public
works as a result of the recommendations of the Prison Conference of 1877.
The last Indian Jails Committee of 1919-20, however, found that this system
of employing convicts on repair of public roads and cleaning public drains,
was no longer followed in any part of India except in Assam, where too, it was
in vogue because there was no other alternative for employment of prison
labour. The Committee opposed the employment of prisoners on public
roads and drains and municipal works on the ground that classification of
prisoners could not be carried out, discipline was difficult, tasks could not
be enforced and there was danger of introduction of epidemic diseases.
The 1919-20 Committee, therefore, recommended that prisoners on
large public works should be employed only when the location and climatic
conditions of the site of work were satisfactory and good arrangements for
water supply existed. They thought canal digging and railway construction
were not suitable works as they required frequent shifting of gangs with
consequent unhealthy living conditions in a camp of a temporary nature.
As regards security, the Committee was opposed to the use of belchains
at night as a measure of security. It was recommended that barracks with
walls and grated doors and windows should be sufficient. The Committee
further recommended separation of casual convicts from habitual in
such gangs and thought that prisoners sentenced up to one year would
be most suitable for such works. Except in matter of diet which should be
liberal, the Committee considered that ordinary discipline of a permanent
jail should be adhered to. According to the Committee "the open-air life
and the employment in the form of labour not dissimilar to that in which
large number of prisoners engage in freedom, were not antagonistic to
reformatory influences". Construction of jail buildings was considered as a
suitable form of such work for prisoners.
99
The Indian Jails Committee of 1919-20 also considered the employment

of prisoners in agriculture which according to them was the most natural
and appropriate jail industry in view of the fact that 72 per cent of the
population in India was directly engaged in agriculture. The Committee
was of the opinion that there were certain difficulties in such employment
such as the possibility of getting suitable land for an agricultural jail and
the peculiar condition of this form of labour which involved distribution
of labour over a very wide area making guarding and supervision difficult.
The Committee did not consider that this could ever play a very important
part in the round of jail industries.
During the period of 1920-47, no attention was paid in any province
to this form of extra mural employment due to the pre-occupation of the
provincial governments in controlling the periodical political movements
for the freedom of the country. Although several provincial governments
during this period appointed committees to review prison administration
and they recommended changes of a far-reaching nature, the question of
prison employment did not go beyond the improvement and expansion of
cottage industries in jails4.
India attained Independence in 1947. The post-Independence period
brought in its wake a study of the psychological advances in other countries
and a growing realization of the need for change of attitude towards the
-treatment of criminals. The new government which had, at the helm of
its affairs, leaders who had personal experience of jail life, having passed
long periods in prisons as political prisoners, gave immediate attention
to the improvement of the regime inside the jails. Several changes were
introduced which humanized living conditions in prisons. This gave rise
'to a certain amount of confusion between amenities and treatment. There
are many who still think that introduction of certain amenities in prisons by
themselves constitute measures of treatment of offenders. It will take time
to remove this impression, but there are growing signs to show that the real
purpose of treatment in prisons is now being appreciated by the public. The
post-Independence period is also marked by the study of criminology and
penology by the junior wing of prison administration, which it is hoped will
in due course provide professional leadership, so much lacking at present.
The various International Conferences held in recent years in which
India had an opportunity to participate, and the introduction of literature
4 Saksena, H.C. (1960) Extra Mural Employment of prisoners in India, The Journal of
Correctional Work, Vol 7, The Government Jail Training School, pp 26-28
100
issued by the Social Defence Section of the United Nations and other
countries have helped a lot in creating interest among professional men in
the adoption of new ideas and experiments in other countries. There is now
a growing demand for payment of wages to prisoners and for providing
training facilities in certain vocations and trades. For want of sufficient funds
much progress could not yet be made in these matters, but schemes for
payment of wages in some form or the other have been introduced in many
States, while in others they are under consideration. Experiments made in
certain States, particularly in Uttar Pradesh, have clearly demonstrated that
prisoners respond very well, when employed under conditions as similar
to outside world as possible. Consequently, there is a tendency now in
certain States to integrate prison labour with national needs which offers
a vast field for work in open conditions. While in certain States this form
of employment is being extended, in others, schemes for such employment
are under active consideration.
References of Jails were discussed in Mahabharata also and the birth
of Lord Krishna in Jail in Mathura was the proof of it. Until the late 18th
Century the prisons were used mainly for the confinement of debtors who
could not meet their obligations. The prison sytems were known as silent
systems. H.S. Stratchey surveyed the Indian Jails in 1805. Before 1835, there
were 43 civil, 75 criminal and 68 mixed jails in the territories under the East
India Company.
1. In 1835 a report on Prison System was submitted by Lord Macaulay
Commission. The retributive punishment system in jails were the prime
concern of the Britishers and the reason behind this approach was that
in 1836 Thomas Richardson, the magistrate of 24 Parganas and the
Superintendent of Jails, at the presidency of Calcutta was murdered.
About this incident, E C Wines wrote “the murder of the Governor of
the most important prison in India was the immediate moving cause of
the broad and exhaustive enquiry which was at once set on foot. Brutal
punishment system in jails was the reaction of the Britishers towards
Indians.
2. Lord William Bentinck appointed a Prison Discipline Committee and
that started working on 2nd January, 1836 under the chairmanship of H.
Shakespeare. In 1838, committee submitted their report. The committee
recommended more rigorous treatment of prisoners and rejected all
notions of reforming criminals lodged in the prison. The committee
recommended the establishment of the office of the Inspector General
of Prisons. For the North West Province, First Inspector General of
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Prisons was appointed in India in 1844. In those days, I.G.(Prisons)

were medical doctors.
3. Sir John Lawrence, again examined the conditions of India Prisons
in 1864 and this second commission of enquiry also did not dwell
upon the concept of reformation and welfare of prisoners. However,
the commission made some specific recommendations in respect of
accommodation, diet, clothing, bedding, medical care of prisoners only
to the extent that there were incidental to discipline and management
of prisons and prisoners. This commission fixed the required minimum
space for one prisoner as 54 square feet and 640 cubic feet.
4. A conference of experts was held in 1877 in Calcutta to inquire into the
prison administration in detail. The conference resolved that the Prison
Law should be enacted which could secure uniformity of system. A
draft prison bill was actually prepared but finally postponed due to
unfavourable circumstances.
5. The fourth Jail Commission was appointed by Lord Dufferin in 1888 to
inquire into the prison administration and the outcome was the Prison
Act, 1894.
6. In 1919-20 All India Jail Committee was the major landmark in the history
of Prison reforms in India and is appropriately called the corner stone of
modern prison reforms in the country. For the first time, in the history
of prison administration, reformation and rehabilitation of offenders
were identified as one of the objectives of prison administration.
7. The Constitutional changes brought about by the Government of India
Act of 1935, which result the transfer of the subject of prisons in the
control of provincial governments, further reduced the possibilities of
uniform implementation of the recommendations of the Indian Jails
Committee 1919-20 in the country.
8. However, the period 1937-47 was important in the history of Indian
prisons because states like West Bengal, Tamil Nadu, Maharashtra,
Uttar Pradesh etc. apart from appointment of some committees and
enactment of some Acts, the First Jail Training School in India was
established at Lucknow in 1940.
9. Dr. W.C. Reckless, a United Nations expert on Correctional Work visited
India during 1951-52 to study prison administration in the country. In
his report on “Jail Administration in India”, he emphasized on the
Corrections and establishment of new jails.
102
10. During 1957 - 59 All India Jail Manual Committee was appointed. The
committee presented the Model Prison Manual to Government of India
in 1960.
11. In 1961 Central Bureau of Correctional Services was set up and in 1971
renamed as National Institute of Social Defence.
12. In 1972, the Ministry of Home Affairs appointed a Working Group on
Prisons.
13. In 1978, the Seventh Finance Commission dealt with the financial aspects
of prison administration. A norm of Rs.3 per head for diet and Re.1 per
prisoner for other items like medicine, clothing etc per day was set up.
14. The Government of India convened a Conference of Chief Secretaries
of all the States and Union Territories on April 9, 1979. The
recommendations included development of education, training and
work in prisons, setting state board of visitors etc.
15. All India Committee on Jail Reforms under the chairmanship of Mr.
Justice A.N. Mulla was constituted in 1980 and it submitted its report
in 1983. A total 658 recommendation were made regarding each and
every aspect of Prison including the reformation and rehabilitation of
Prisoners and also to form National Policy on Prisons.
The role of Bureau of Police Research and Development, Ministry of
Home Affairs is remarkable and the Bureau is organizing many training
programmes and research project countrywide. Out of 10 research studies
conducted by the Bureau only one is focused on the “Impact of Vocational
Training on Reformation and Rehabilitation of Prisoners in Madhya Pradesh
and Chattisgarh.” The Bureau also prepared Model Jail Manual and Draft
National Policy on Prison Reforms and Correctional Administration in
2007.
From Prison Administration to Correctional Administration

The ancient Indian society exhibits 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 to 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
103
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 then.
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 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 categories of crime. The first includes crimes of
human and private nature and are subject to the law of talion and ransom.
104
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 is “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”.
Danda (Punishment)
Diwan Danda Deva-Danda Jati-Danda

Or or or
Raj Danda Brahma-Danda Gotra-Danda
(Official Punishment) (Religious Punishment) (Caste Punishment)
In short the forms of punishments, as described below, continued even

during Mughal Period5
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 charges levelled 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 sit together at the
5 Datir R.N (1978) "Historical", Prison as a Social System, pp 40-52
105
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 principal 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) of 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 principal 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 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
106
neglected, and were often given money to perform the “obsequial rites” in
jail. (These practices of giving leave for emergency resembles the system of
release on parole in the present system). Due consideration was given to the
prisoners’ 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 the 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.
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
107
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 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.
Indian Commissions and Committees

The emergence and changes in the modern prison system are the result
of different commissions appointed time to time. In 1835, Lord Macaulay
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
minutes 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 circumstances
shocking to humanity. Thus the deterrent philosophy for the management of
prisons in India was recommended. The suggestion of Lord T.B. Macaulay
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 in 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:
108
“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 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 judgment and
an unwearying zeal that the success of every scheme of discipline has been
found to depend.”
Second Prison Commission

Sir John Lawrence, the Governor of India reviewed the position in
1864 and 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 (4) Insufficient clothing (5) Sleeping on the ground (6)
deficiency of personal cleanliness (7) Bad water (8) Extraction of labour from
unfit persons and (9) 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.
109
Third Prison Commission

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 pros and cons 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 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.
All India Committee

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.
110
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 Jails 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 Jails 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 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 governments 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”.
111
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.
Recommendations of the Punjab Jails Inquiry Committee, 1925

Interviews and letters
Many representations have been made to them by prisoners, as well as
by outsiders, that the relatives of prisoners should be allowed to interview
them more often than at present and that a more frequent interchange of
letters between the convicts and their friends should be permissible. It is
suggested that the recently fixed interval of three months should be further
reduced to one month. From one point of view this would be desirable.
As the Indian Jails Committee rightly observed, "the maintenance of the
prisoner's home-ties is an important matter. Nothing produces a worse
effect on a prisoner than to feel that his friends and relations have cast
him off". Communication between a convict and his relatives has or ought
to have a reforming influence, the value of which cannot be under-rated
but, every interview and every letter means so much more work for an
establishment already fully burdened seeing that an official has to be
present at every interview while letters passing between a convict and his
friends must be carefully censored. In view of these difficulties, the Jails
Committee contented themselves with recommending the interval of three
months as the ordinary rule to be relaxed in special cases at the discretion
of the Superintendent, and we do not deem it necessary to suggest more
frequent communication6.
In some Jails the arrangements as to the place are far from satisfactory,
and we express the hope that early steps will be taken to carry out the
suggestion of the Indian Jails Committee to provide "a properly constructed
interview room at or near the main gate" in every Jail. It might be added
that in certain of the large Jails more than one such room will be required to
enable the daily average of such interviews to be conveniently overtaken.
Many have complained that owing to the pressure the time allowed
for interviews is very short. Relatives travel long distances and incur
6 Recommendations of the Punjab Jails Inquiry Committee, 1925, pp 22
112
considerable expense so that a hurried dismissal naturally causes serious

disappointment while so far as the prisoner is concerned. The very shortness
of the interview tends to defeat the object for which it has been allowed. We
consider that 20 minutes, the time proposed by the Indian Jails Committee,
is reasonable and should generally be allowed. Under the rules, the Super
in until better accommodation is available. It may be found necessary in the
larger jails to begin interviews earlier in the day. We recognise that this may
involve some slight disarrangement of labour and throw a little extra work
on the staff. Proper arrangements will minimise the former difficulty and
the importance of an adequate interview outweighs the latter.
It is common knowledge that interviews are often abused. The arrival
of a relative for this purpose has come to be regarded as an opportunity for
passing money, to which the inmates as well as the jail subordinates look
with equal eagerness. The higher Jail officials must keep a keenly vigilant
eye on this practice and do all in their power to check it. An institution,
which is meant as a reforming influence, cannot be allowed to degenerate
into an occasion for smuggling and bribery. In the cases of letters, we have
been told that a large number of them contain instructions to relatives to
send money through certain jail officials or even to the care of outsiders
for payment to jail officials. If that be true, there could hardly be a stronger
indictment of the kind of censorship exercised by the jail officials on this
correspondence. While advocating full facilities for interviews and postal
correspondence, we consider it necessary to draw pointed attention to these
two abuses of the privilege. As regards the general conditions, governing
interviews and letters, we need merely say that we are in entire agreement
with the model rules given in annexure to Chapter XI of Volume I of the
Report of the Indian Jails Committee.
Education in Jails
There is some difference of opinion as to the practicability or otherwise
of a system of elementary education in Jails. Many non-official witnesses,
as well as literate prisoners, have told us that arrangements for education
are badly needed in our prisons and if introduced are likely to have a good
effect on the character of the prisoners. On the other hand, some of the
officials consider it unlikely that the adult rustics of this Province who
constitute the bulk of the population in our Jails, will take kindly to any
system of education. We think, however, that there is a good deal to be
said in favour of education in jails having regard to its possibilities as a
reforming influence. It would, of course, be of an elementary character
113
and in our opinion the experiment should, for the present, be confined to
persons who are not above the age of thirty. The youths detained in the
Borstal Jail can remain there up to the age of 21, and in certain cases up
to 23, and in that institution elementary education is rightly regarded as
a part of the prison routine. There appears to be no reason why persons
between the ages of 20 and 30 confined in ordinary jails should not profit
by a similar, though less elaborate system. An hour or two devoted every
day to teaching the three R's to such prisoners would, in our opinion, be
well spent, and this can be arranged without detriment to the hours of
labour. Under present circumstances, there is too much spare time and the
hours of idleness lend themselves to many abuses7. It is probable that in
many jails educated prisoners would willingly come forward to assist in
such work though a nucleus of trained teachers would be required. We
think too that as an adjunct to this, occasional lectures of an interesting and
instructive type might be delivered. Agriculture craftsmanship and travels
are instances of subjects which would be suitable.
Religious Instruction and Religious Observances

Arrangements should be made, if possible, for religious instruction for
all classes of prisoners, literate as well as illiterate. It should not be difficult
to secure the services of reliable preachers who could be prepared to address
the prisoners on Sundays at times prescribed by the Superintendent and
under the supervision of some jail official, on non-controversial religious and
moral topics. The Indian Jails Committee attach considerable importance to
this subject in their Report. They observe:-
(Page 53, Volume I)– "A practice has, however, grown up, of late
years in several Provinces of allowing voluntary workers be longing to
non-Christian communities to give addresses on moral and religious
subjects. In Burma, the jails are more or less regularly visited by pongyis
who preach on Sundays to attentive audiences. In Madras, Christian and
non-Christian lecturers have been attached to various jails to give moral
instruction. A similar step has been taken in the Central Provinces and
Bombay and elsewhere in the case of Juvenile Jails. The degree of success
attained has necessarily varied with the interest or enthusiasm shown by
these voluntary workers, but we nowhere heard that their admission to
jail had any untoward results or has been followed by any developments
unfavorable to discipline or to the regularity of the jail administration8.

8 Recommendations of the Punjab Jails Inquiry Committee, 1925, pp 23-24
114
In another paragraph, while recognising the difficulties in the way

of carrying out this idea, owing to the great diversity of religions in this
country, they proceed as follows:-
(Page 154, Volume I) – "Our opinion closely coincides with that of the
majority of the witnesses who came before us. It is undoubtedly true that the
existence in India of various, more or less, antagonistic sects and religions,
makes it less easy to provide instruction in than it is in countries such as
Burma, where practically all prisoners belong to one faith. This also renders
it specially necessary that the selection of the teachers to be admitted to
jail should be made with great care, so that only persons of thoroughly
sound character and discretion shall be chosen. But we certainly think that
endeavours should be made to provide religious and moral instruction
for all prisoners in jail. The existing differentiation in favour of Christian
prisoners can hardly continue and we think that no prisoner ought to be
out off from communication with the ministers of the religion to which he
belongs. Experience seems to indicate that the difficulties arising out of
sectarian differences will not prove so great or so serious as some observers
have expected."
We agree with the above remarks and hope that an earnest endeavour
will be made to secure persuasive religious preachers, with the following
caution (which we feel is important and which was very properly emphasized
by the Indian Jails Committee) against any efforts at proselytizing:-
(Page 155, Volume I) – "No minister should be allowed to have access
to any prisoner who does not belong to his own denomination unless
the prisoner voluntarily and spontaneously expresses a wish to see such
a minister, in which case the matter should be reported to the Inspector-
General for orders. It would obviously be improper to allow jails to be used
for purpose of proselytizing, and the existing rules which are quite clear on
this point should be strictly maintained."
75. We wish also to associate ourselves with what the Committee
recommended as to the provision of reasonable facilities to members of
every community for the observance of their religious practices, with due
regard to the maintenance of Jail discipline, and would add that on the
occasion of the death of any inmate his funeral rites should be performed in
accordance with the rites prescribed by the religion to which he belonged.
This point has been strongly pressed on our attention by prisoners in
different jails and we think this request is not unreasonable on their part.
It seems proper that this should be allowed not only of respect due to the
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dead but also to encourage humane and religious sentiments among the
prisoners. There is, we fear, some ground for the current Punjabi saying:-
"A prisoner dead is a dog dead,"
"A prisoner escaped is a lion escaped."
Libraries
Almost all literate prisoners, who have come before us, have expressed
a desire for books. They urge that there should be a library in every jail, in
which books on religious and moral subjects, historical works and possibly
some harmless fiction, should be available for the use of prisoners. The Jail
officials, whom we have questioned on this point, raise no objection to the
provision of such libraries and admit their usefulness. We have noticed a
small beginning made in this direction in the Central Jail, Lahore, and we
think that a general extension would be a healthy and helpful addition to
the potential influences for good.
Apart from the small initial expense, which would be greatly minimised
if members of the public would pass on to the jail authorities suitable books
which they no longer require, the main difficulty in the introduction of
the system is the question of lighting. Under present conditions reading
is practically out of the question in the winter evenings. The illumination
of the barracks is confined to one dim lamp. Where, there are only a few
educated prisoners in a jail, it might be possible to accommodate them
during an hour or two in the evenings under proper supervision in one
selected barrack for which adequate lighting arrangements would be
provided. We are impressed with the desirability of keeping prisoners
usefully occupied between lock-up and bed-time and we consider that in
this connection the following observations of the Indian Jails Committee
deserve careful consideration:-
(Page 152, Vol., I) "The hours between lock up and 8.30 or 9.30 p.m. are
those in which time must hang most heavily on the prisoner's hands and
in which illicit practices and harmful conversation are most likely to occur.
It is very desirable that some method of providing occupation for these
hours should be found, and with this object we suggest that, wherever
possible a portion of each sleeping barrack should be cut off and turned
into a recreation room, "where prisoners would be allowed to read, either
to themselves, or aloud, to play quiet indoor games, or to receive education.
A paid officer should be present to keep order and to prevent abuses such
as betting, singing, bad conduct or conversation. The room should be
properly lighted and supplied with any necessary adjuncts. It should be
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separated from the sleeping ward by a batten door. The privilege of using
the recreation room should be conditional on good behaviour and should
be liable to be withdrawn as a punishment."
All our remarks regarding the introduction of elementary education
and of religious teaching and the provision of libraries would be equally
applicable to female convicts, whereever there is a separate jail for them
and suitable arrangements can be made. The female central jail in Lahore
contains accommodation for over 300 prisoners and at the time of our visit
there were 226 inmates. We are informed that these women very seldom
give any trouble and that jail punishments are almost unknown. This jail
would therefore, appear to offer a promising field for experiments on the
lines suggested.
Certificates and Prisoners Aid Societies

In conclusion, we would commend to the consideration of government
a suggestion made by one of the prisoner witnesses to the effect that
exemplary conduct during the period of jail life should secure a certificate
from the superintendent at the time of release. The witness pointed out that
as matters stand the public have no means of knowing whether a released
convict has by his behavior in jail shown a desire to atone for his offence
or not and that consequently all are equally suspect when they endeavour
to secure honest employment. We examined the history sheet of this
witness and found that it was uniformly good over the whole long period
of incarceration. A soldier on discharge is given a certificate of conduct and
though the cases are naturally not quite analogous we are inclined to think
that the possibility of gaining such a certificate would in many cases be
a strong incentive to good behavior, while its possession might prove a
useful aid to the obtaining of work on release.
There is another subject closely connected with life after release which
in our opinion is of great importance. Many of the chief witnesses that
appeared before us rightly declared that the principal aim of jail discipline
should be the reform of the criminal yet, apart from the Europeans not one of
the communities has made any effort to further that reform by establishing
prisoner's aid societies. However, if no helping hand is stretched out at the
time of release. Prisoners can not reintegrate in the society. Such societies
are existence in practically all countries which take any thought for the
criminal and the advantages they confer are unquestioned. We have been
much impressed by the apparent anxiety for the betterment of the criminals
displayed by not a few of the principle witnesses and we feel sure that
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this serious omission to any effective scheme of reform has only to be

mentioned to elicit an immediate response from the public spirited men of
all communities. To those who are disposed to assist in the good work, we
would recommend a perusal of chapter XIV of the Indian Jail Committee
Report 1919-20 where much useful information regarding organization will
be found9.
Post – Independence Development

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. 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”
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Continuation of Old Policy

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, 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 reforms 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 circumstances 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
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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 in 1973. The Central
Bureau of 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 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.
Oxford dictionary definition: “Corrections in common parlance refer
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. 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”.
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Philosophy
Prisons in India are governed by the Indian Prison Act and also the
rules and regulations for administration of management of prisons
as specified in the Prison Manuals of each State. The emphasis is not only
on safe custody but on reformation and rehabilitation of offenders
in society. Prison occupies a unique position in society, as it is the final
repository for society’s failure, of those persons who are labelled as losers
and temporarily or semi-permanently or permanently irredeemable.
Pandit Jawaharlal Nehru, the first Prime Minister of India observed
that the fact must be recognized – that a criminal is largely created by social
conditions and, instead of being punished has to be treated, as one
is required to be treated for a disease. Mahatma Gandhi, the father of
the Nation also expressed the idea that “Crime is the outcome of a diseased
mind and prison must have an environment of hospital for treatment
and care’. His philosophy guides the working of the prison departments
in our country.
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.
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 an 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 mainstream 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.
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Lopsided Progress
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 for 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 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
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 maintain cohesion among
inmates, create self confidence in inmates, develop mutual support, nature
of adjustment in prison community and develop loyalty between convicts
and society. Effective social work services to be introduced to reform the
convicts.
Structural Determinants
There is a complex two-way process in which goals, ideas and beliefs
influence and are influenced 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 active
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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 classification of the offenders should be on
the basis of characteristics of the offenders. The need 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.
Correction & Training

Correctional institutions should concentrate more on giving treatment
and training to their inmates and that should be 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.
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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 isolate 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 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)
Goals of Prison System

Broadly there are two types 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 mainstream of social life after release. While the custodial goal
is achieved by confining the offender in prison, 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
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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)
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 fulfils 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.
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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
counselling 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
offender's 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.
Prison Reforms
A string of measures have been introduced to bring about
crucial changes in the management of prisons and prison inmates in
consistence with the philosophy of maintaining dignity of prisoner as
a human being and to provide environment conducive to reformation
and rehabilitation. These measures can be categorized as Software and
Hardware of Prison Reforms. These have been dealt with at length in the
succeeding paras.
Software of Prison Reforms

(i) Measures to Reduce Undertrial Population
The Government of India has been undertaking various measures
to reduce overcrowding and also reduce the trial detention period.
Some of these measures are discussed in the succeeding paras.
(ii) Free Legal Aid

In India, judiciary has played an important role in developing the
concept of legal aid and has been expanding its scope so as to enable
the people to have access to courts in case of any violation of their human
rights.
The right to free legal aid has been interpreted under the Right to
Life. Speedy trial forms part of a fair and just trial guaranteed by Article 21
as judicially interpreted. The Legal Services Authorities Act, 1987, provides
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for free legal aid and competent legal services to the weaker sections
ensuring that opportunities for securing justice are not denied to any
citizen on account of economic disability. Free Legal Aid Cells are set up in
various prisons to provide legal aid to the prisoners.
In order to tackle the problem of undertrial (unsentenced) prisoners,
the judicial officers and district judges also visit prisons (monthly) to review
the cases of undertrial (unsentenced) prisoners periodically.
(iii) Prison Courts (Lok Adalats)
Holding of Lok Adalats in the prison is another step towards speedy
disposal of cases of undertrials involving petty offences like theft, retaining
stolen property, breach of the peace and like minor offences. For holding
the Lok Adalat the Superintendent of Prison is required to identify
petty offences of undertrials in such cases where no progress has been
made towards conclusion of trial involving sentence less than two years
or so. He then contacts the District and Sessions Judge who in turn
deputes judicial officers to hold courts and dispose of cases by passing
appropriate orders. Such courts result in release of undertrials from the
prison.
(iv) Fast Track Courts
At the initiative of the Department of Justice to cut short delays
in courts, the XIth Finance Commission of India recommended a
scheme for creation of 1,734 additional courts in the country for
disposal of long pending sessions and other cases. The scheme has since
been sanctioned and an amount of Rs. 502.90 crores was allocated as
a special problems and upgradation grant for judicial administration
for a period of five years i.e. 2000-2005. The services of retired judges
were availed of to man these courts. The courts started functioning from
1.4.2001 and they first took-up session cases pending for two years or
more and the cases of undertrials in Prisons. Upto as many as cases have
been disposed of by these fast track courts. The scheme has since been
modified and improved whereby the services of serving judges are now
being taken for these courts. The scheme has also been extended further to
expedite disposal of pending trial cases.
(v) Alternatives to Imprisonment
Probation service in India is one method of not confining offenders
to an institution but releasing them on good behaviour on the conditions
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prescribed by the courts under the guidance of the Probation Officer.

It imposes conditions and retains the authority in the sentencing court
to modify the conditions of sentence of incarceration to the offender
if he violates such imposed conditions. Probation is used for first time
offenders and is an effective alternate to imprisonment.
(VI) Legal Changes to expedite disposal of pending cases
Any improvements in the procedural laws that lead to shortening of
the trial period will lead to reduction in prison population. A number
of Committees have since suggested some important changes in the
criminal procedural laws to reduce the pre-trial detention period.
Recently, there have been some significant changes in the procedural
laws, which are expected to reduce the undertrial population in
prisons. Some of these are discussed below:
A. Shortening of Pre-trial detention period
(i) Section 436-A has also been recently added in Criminal Procedure
Code, 1973 reads as follows:
“Where a person has, during the period of investigation, inquiry or
trial under this Code of an offence under any law (not being an offence
for which the punishment of death has been specified as one of
the punishments under the law) undergone detention for a period
extending up to one-half of the maximum period of imprisonment
specified for that offence under that law, he shall be released by
the court on his personal bond with or without sureties.”
(ii) Plea bargaining
Plea bargaining system has been introduced by way of criminal
law amendment passed by the Parliament and notification has been
issued which came into effect from July, 2006. Plea bargaining is
applicable only in criminal cases where maximum punishment is up to
seven years. It is not applicable in criminal cases against women
and children. Under plea bargaining, an accused will be entitled to a
reduced sentence if he admits to the crime and agress to compensate
the victim. This will also require the consent of the victim, judge
and prosecutor. The accused will have to file an application before the
judge for plea bargaining. The Government of India has introduced
this system primarily to reduce the pendency of cases in trial courts
and the overcrowding in prisons.
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B. Integrated Offender Management

One of the key objectives of prison in correctional administration
is to provide such conditions to prisoners as are conducive to their
reformation and rehabilitation. The policy also makes the role more clear
for the prison staff. A strength-based approach for reintegration is being
followed. Programmes for offender management include education and
vocational training, vocational programmes, counseling, drug de-addiction
besides meditation, yoga and cultural activities are also undertaken in the
prisons.
The process of offender management starts right from the institutional
phase, wherein the offenders are scientifically classified. The treatment
programmes for prisoners are designed according to their needs and
occupational status, so that there is a positive impact on them to facilitate
the process of reformation and reintegration. The Community is also
involved in the process of reintegration. Many NGOs are working with
prison administration and giving their valuable services for offender
reformation and rehabilitation.
C. Educational programmes
The prisoners are not only given basic education but they are
also encouraged to upgrade their qualifications. Formal education
programmes are made available with the help of National Open
School, Indira Gandhi National Open University and technical courses
in collaboration with the Technical Training Institute of various states.
Besides this, prisoners are also being sensitized on health issues like HIV
and Drugs. A number of programmes of spiritual education are also run
in most prisons with the active help of the community. Classes of yoga,
vipasana, meditation, art of living not only reduce stress in prisoners
but also transform their psyche. The prisoners also actively take part in
cultural and sports programmes in the prisons.
Hardware of Prison Reforms

(i) E-Governance in Judicial System
(ii) Modernization of Prisons
(iii) Vocational Training
Vocational training programmes not only improve the occupational
skills of prisoners but also inculcate a sense of discipline amongst
the prisoners. Prisoners are engaged in various vocational trades.
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Vocational programmes ranging from traditional one’s like carpentry,

weaving, tailoring to the more modern ones like auto repair, computer
programmes, screen printing, electrical wiring mechanical work and even
photography.
Women prisoners are given training in tailoring, knitting, embroidery,
food preservation, etc. Training makes them economically self-reliant and
goes a long way in reintegrating them into the society. The products
of inmates are also displayed in exhibitions as well as sold at outlets
located near prison premises and in different shops. Efforts are also
ongoing to modernize the vocational trades and to have private or
public sector collaboration with the prison industry which shall further
improve the contents and quality of prison industry.
(iv) Technology
The Prison Department is making use of advances in Information
Technology to address safety and security needs. As organized crime is
on increase, to tackle the use of mobile phones in prisons, most states are
considering use of jammers inside prisons to prevent the misuse of this
technology. X-Ray, metal detectors are also in use in a number of prisons at
the reception areas for screening of all persons/property entering prison.
Video conferencing facility links prisons to courts and has reduced the
security hazards of taking remand prisoners to court. CCTV systems are in
place in some states to closely monitor the prison premises. In some prisons,
the use of biometric technology has started for the purpose of recording
and recognizing of fingerprints of every prison inmate. Video conference
facility is also being used for family visits. In some other prisons, telephone
and e-mail facility has also been made available to prisoners. Computer
training is also being imparted to prison inmates in many states. Prison
data management is also now computerized in a number of states.
Prison Administration: Challenges

In the changing world of today, the need for highly effective
management of prisons and other related institutions has never been
greater. The effective management of prisons has been linked both in
theory and practice, to sustained economic development and is major
vehicle through which to develop modern prison management systems
and principles. Governments and prison services around the world are
undergoing processes of renewal and reform that pose new challenges
and opportunities in prison management. These same challenges and
opportunities demand new knowledge, skills and leadership abilities.
130
The shift in the focus of prison management, which leads to the move
from an input to an output orientation, a stress on quality prisoner-based
service and the increasing role of performance–based management systems,
gives rise to a new concept of responsible professionalism within the
prison. Prison reform does not focus solely on transitional countries, but
forms part of a worldwide movement. Examples of such reforms indicate
major changes in:
zz Decreasing the overall size of the prison bureaucracy.
zz Strengthening the policy–making role of senior officials at the national
administration level.
zz A shift in the role of bureaucrats from policy initiators to policy advisers
and implementers.
zz A decentralization of central administration functions to the level of
the local prison manager.
zz A strengthening of the policy and technical support systems within the
prison administration.
As an institution of State, Prisons together with the police, the
judiciary and the security apparatus are an integral part of the institute
and they play an important role in respect of prisoners’ rights. In the
recent case of Rammurti vs. State of Karnataka, the Supreme Court of
India dealt with nine major problems such as overcrowding, delay in trials,
torture and ill-treatment, neglect of health and hygiene, in-substantial
food, and inadequate clothing, prison vices, deficiency in communication,
streamlining of jail visits, and management of open-air–prisons.
The Supreme Court of India made several major suggestions for
better management of prisons. The prisoners have not only constitutional
safeguards but also have rights which flow from Universal Declaration of
Human Rights as spelt out on the interpretation of right to life as enshrined
in Article 21 of the Constitution of India.
The right to health care and healthy environment in prison is a corner
stone of the Declaration of Human Rights. The Declaration states that
prisoners have a right to the highest attainable standard of physical and
mental health. The standard minimum rules for prisoners regulate the
provisions of health care for them. There has been extensive review on
this subject – a comprehensive task by penal reform. International report
was submitted in 1992 about standard for health services in prisons. Most
recently in 1998, Council of Europe promulgated new recommendations on
health care in prisons. This right to health care and healthy environment is
131
clearly linked, particularly in the case of HIV, to two other first generation
rights, such as non-discrimination, privacy and confidentiality. Human
rights instruments call for prisoners to receive health care at least equivalent
to that available for the outside population. Therefore, there should be new
approach in regard to a duty of authority to both preserve the health of
individual prisoners and to promote the public health of outside population.
This is on principle that “protect public health by respecting individual
rights”. Therefore, public health and human rights must work together.
Secondly, it is common knowledge that purpose of imprisonment is to
protect community from the actions of others. In other words, the purpose
and justification of a sentence of imprisonment or similar major derivative
of liberty is ultimately to protect society against crime. But this end can
only be achieved if a period of imprisonment is used to ensure, as often as
possible, that upon the prisoner's return to society he is not only willing but
able to live a law–abiding and self supporting life.
Social Learning Model

Therefore, the treatment in prison shall be as such which will encourage
the prisoner's self respect and develop the sense of responsibility. At the
same time a new model called social learning model has to be adopted.
Using an approach that treats criminal attitudes and behaviours as learned
habits, which can be changed by teaching and reinforcing non-criminal
attitudes and behaviours. There should be promising intervention targets
for rehabilitation in custodial environment. This can be achieved unless
potential custodial staff demonstrates and understands the importance of
rehabilitation to the community to which the inmate will eventually return.
Training to staff is therefore essential. This will ensure to take active and
central role in rehabilitative process of sentenced inmates.
Thirdly, a Human Rights approach to Prison Management provides a
model for good prison management applicable in every prison system in
the World. Therefore, the rights of prisoners must be looked from human
rights perspective. The Constitution's prohibition is for cruel and inhuman
treatment and degrading unusual punishment. Prisoners retain some other
Constitutional rights including due process in their right to administrative
appeals and a right of access to the parole process. Prisoners are protected
against unequal treatment on the basis of race, sex, and creed.
132
Although a person is in prison, and has lost certain rights to his freedom,
this does not mean he has lost other rights concerning his treatment. Judicial
decisions have had a significant bearing on prison administration in
India. The courts have reiterated that the rights of the person do
not stop at the prison door. The judgments of the Supreme Court of India
are accorded the highest presidential value in terms of Article 141 of
Indian Constitution. This Article 141 mandates that the law declared by
the Supreme Court shall be binding on all courts within the territory of
India. The rulings of the Supreme Court and the High Courts relating
various aspects of prison functioning are of immense significance not
only for lawyers and legal activists but also for prison administration. The
Courts have ruled from time to time that -
zz the prison is the punishment;
zz a person does not become a non-person in prison; and
zz a prisoner continues to enjoy all the rights except those curtailed
by the imprisonment.
In addition to the rights he does have, he also has some obligations to
the people around him.
zz A prisoner has the right not to be beaten or struck by a warder (unless
it is in self-defense).
zz A prisoner is not to be punished without a fair hearing.
zz Prisoner is not to be restrained as a punishment.
zz Prisoners have the right to be released immediately when their
sentences have finished.
Searches
zz All searches must be conducted with regard to decency and self-respect
e.g. females must be searched by staff of the same sex; strip searches
must be done in private.
Health
zz Prisoners have the right to proper medical attention and to see a
medical officer every day whenever they are mentally or physically ill.
zz Prisoners are entitled to have one hour of exercise a day.
133
zz Inmates of 1st and 2nd division have the right to provide their own
food.
*1st Division inmates are: those imprisoned for failing to pay a civil
debt, tax, or rate; or for contempt of court, or awaiting deportation or
extradition.
*2nd Division inmates are: those imprisoned who are awaiting trial,
were remanded in custody or are appellants.
*3rd Division inmates are: those imprisoned to serve a sentence of
simple imprisonment or for failure to find sureties for the keeping of
the peace.
Basic Principles for the Treatment of prisoners

zz Prisoners are to be treated with due respect to their inherent dignity
and value as a human being.
zz Prisoners are not to be discriminated against for any reason.
zz A prisoner's religion and beliefs are to be respected.
zz Prisoners retain all of the human rights and fundamental freedoms
voiced in the UN Declaration of Human Rights.
zz Prisoners have a right to education and religious instruction.
zz Prisoners have the same right to access the medical facilities as any
other citizen.
Standard Minimum Rules for the Treatment of Prisoners

Discipline
zz Discipline must be of a level no more than is necessary for well ordered
life.
zz All forms of cruel, inhumane and degrading punishment are prohibited.
Health
zz Medical Officers must be qualified.
zz Medical Officers must visit sick prisoners everyday.
zz Sick prisoners should be placed in proper treatment facilities.
134
Living Conditions
zz All accommodation shall meet the requirements of health, with due
regard to floor space, lighting, heating and ventilation.
zz Sanitary installations shall be adequate and allow for cleanliness and
dignity.
Communications
zz Communications by post and by visits should be allowed regularly.
Education / Religion
zz Access to education and religion should be provided.
zz Now a days, there is more stress on custodial training and principles
of medical ethic founded on the theory of live and let live, so as to
prevent custodial death and torture.
Daily Routine of the Prisoners in the Jail

The functioning of the prisoner governed by according to the standards
prescribed in the Jail Manual. The daily routine has been changed a lot after
Independence. A comparison is given below:
Daily Routine of Prisoners in Daily Routine of Prisoners After Independence

British Period
The ordinary daily routine ex- The ordinary daily routine , except on Sundays, and Jail
cept on Sundays, Good Friday, Holidays shall be as follows:
Christmas, King Emperor’s 5:30 a.m. Pachasa ( Morning Alarm)
Birthday shall be: 5:30 a.m. to 6:00 a.m. Opening of Barracks and Cells and
Day Break : Open wards and Counting of Prisoners
Cells and Count Prisoners 6:00 a.m. to 6:30 a.m. Morning ablutions and bath
Latrine Parade 6:30 a.m. to 7:00 a.m. Prayer, Exercises, P.T. and Drill
Washing Parade 7:00 a.m. to 7:30 a.m. Counting
Early Morning Meal 7:30 a.m. to 8:00 a.m. Tea and Breakfast
Labour 8:00 a.m. to 11:00 a.m. Work
9:00 a.m. Bathing parade 11:00 a.m. to 2:00 p.m. Meals and Rest
Morning Meal 2:00 p.m. to 4:30 p.m. Work
Latrine Parade 4:30 p.m. to 5:00 p.m. Games
Labour 5:00 p.m. to 5:30 p.m. Dinner
4:00 p.m. Cease work 5:30 p.m. to 5:45 p.m. Counting
Evening Meal 5:45 p.m. to 6:00 p.m. Prayer and Closing
Latrine Parade 6:00 p.m. to 9:00 p.m. Individual Entertainment
6:00 p.m. Lockup ( 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
135
Daily Routine of Prisoners at present in Uttar Pradesh

Timings Activity
Opening of Jail
Daily Routine
Yoga/Meditation/Worship etc.
Prisoners who did not work in Prisoners who work in Agri-
Agriculture/Industry culture/Industry
Physical Training/ Exercise Distribution of Teams
Breakfast Labour (Breakfast at the
place of work)
Reading/ School programme/ Labour
Horticultural activities/ Vocational
Training/ Painting etc.
Lunch Lunch at the place of work
Reading/ School programme/ Labour
Horticultural activities/ Vocational
Training/ Painting etc
Meditation & Worship etc.
Dinner
Closing of Jail
Night Rest
Changes in the Prison System

S. Pre Independence Situation Post-Independence Situation
No.
1. Focus was on more conviction and More focus on Alternatives to prison
more imprisonment
2. Prison labour aspect was exploit- Prison labour aspect is welfare oriented
ative
3. No question of Human Rights Prisoners have certain rights
4. No reformation and rehabilitation Reformation process started but reha-
bilitation and after care process is still
questionable
5. More budget for infrastructural Budget allocation is for new prisons
development not for the proper maintenance
6. Prison services were at par with Became second class services
police or other force service
136
7. There was coordination among No proper coordination/ Blame game

criminal justice agencies
8. Motive and goal of the prison sys- Welfare approach
tem was to suppress the struggle
movement and to use manpower
for their own benefit
9. Retribution was primary concern Reformation is primary concern
10. Record keeping/ systems were Only the procedures laid down earlier
well developed are followed
11. There was a deterrent effect of the No deterrent effect. In fact a qualifica-
prison environment tion for becoming big mafia or a big
politician
12. Labelling was present in society Labelling still persists
13. NGO’s and Civil Society concept Now NGOs and Civil societies are shar-
was not there ing the responsibilities of the prison
administration in some areas
In a nutshell the challenges before the whole prison system are following:
zz Overcrowding
zz Economic problems
zz Proper implementation of vocational training
zz Working hours of the prison officials (leave etc.)
zz Housing within the campus wall
zz Record keeping
zz Attitude and work pressure
zz Political interference and VIP duty for the bureaucrats
zz Threats from the Mafias and Political Prisoners
zz Security of prison and prisoners (weapons of old age)
zz Health and diet
zz Prisons are burden on the State
zz Coordination with other criminal justice agencies
zz Rehabilitation and after care programmes
137
zz Homosexuality in Prison
zz HIV Problem among prisoners
zz Legal Aid for prisoners
zz Prison Discipline
zz Lack of Manpower
zz Overburdened with work
zz Lack of Political Willingness for improvement of the situation
zz Lack of training and technical support
zz Improper programme planning and its implementation
zz No proper maintenance of building
zz Problem of engaging undertrials in some constructive work
zz No separate correctional staff, social workers and psychologists
zz Employee satisfaction level is going down
The last few years have been a period of great change and adaptation
in the country. The challenges and opportunity facing correctional
administration are greater than ever before. Correctional Administration
provides a real opportunity for positive change for self-improvement.
Participation of various stakeholders in the prison system is critical for
public safety. The Prison Departments are now engaging the community
in their programmes. The Government is providing the necessary
infrastructure and the community will have a greater role to play in the
rehabilitation and reintegration of offenders. We all have to understand that
a person landing in a prison is one who is temporarily or semi-permanently
maladjusted to his social milieu. He may have committed a crime, which
brings him into prison. But he needs to be given an environment in
the prison which will not accentuate his maladjustment and instead help
him to get restored to the society. However, it will require that the factors,
which contribute to his maladjustment in the first instance and landed
him into prison, are also addressed through suitable intervention from the
authorities and the community. Prison administration is not in a position
to perform this role. All other sectors of the community and government
138
should join hands to do the needful if they want that the same person on
return from the prison or and more persons from that environment do not
land up in prison. Thus prison and different sections of the community
and administration have to work in unison to create such conditions as
shall prevent breeding of offenders and provide positive milieu for the re-
assimilation of the prisoner with the society after his release.
139
Chapter - IV
Concept of Human Rights of Prisoners

in India
“Hate the Crime not the Criminal; Correctional Justice is always
better than punitive justice.”
The relationship between inmates and guards is based on prison
discipline. The guards report institutional offences to the administration
and administer punishment as decided by the disciplinary authorities.
Although the guards are in contact with inmates more than any other
prison officer, they are not trusted by the inmates and are perceived as
“the enemy”. Whereas the treatment staff views discipline as “directed to
patterns of behaviour for adjustment in free society”, the custodial staff
views discipline as “prevention of misconduct, and disturbances and
escape”. In addition, prison guards do not have to meet consistently high
hiring standards, nor, once hired do they receive much pay. In fact, the best
custodians are those who are reserved and cold. In the authoritarian prison,
power is based on force and the custodial staff dominates the treatment
staff1.
Human Rights
Human Rights are those minimal rights which every individual must
have against the State or other public authority by virtue of his being
member of the human family irrespective of any other consideration. Jose
W. DioKono has rightly observed that Human Rights are more than legal
concepts; they are the essence of men. They are what make men human…
deny them and you deny men’s humanity.
In seeking to answer the question whether there can be law without
morality, we are at once confronted with the problem of definition. Both
Law and Morality are terms of many meanings. If we define morality
as some modern pragmatists tend to do, it includes all manner of rules,
standards, principles or norms by which men regulate, guide and control
their relationships with themselves and with others, Morality so defined
1 Cloward, R.A,; Cressey, D.R.;Grosser, G.H.; McCleery, R.;Ohlin, L.E,; Sykes, G.M.,
Messingeer, S.L.;(1960) Theoretical Studies in Social Organization of the Prison, U.S.A.
Social Science Research Council, pp 49-77
140
Concept of Human Right of Prisoners in India
necessarily includes the entire body of law. Similarly, there are those who
would define law as embracing all rules, principles, standards or norms
which men feel to be obligatory in their relationships with other men. A
good deal of morality is necessarily embraced in such a definition.
It would seem clear that human conduct doesn’t just happen. Each
human act involves some sort of choice among alternative course of conduct
found or believed within the capabilities of the individual actor, or at least
between doing or refraining from doing the particular act. Whether made
consciously or subconsciously, this choice reflects the will, or the reason, or
both the reason and the will of the individual actor.
If the response is reasoned one, there is reference to something outside
the mind of the subject, and the course of conduct is chosen on the basis of
its conformity to what is considered right or on the basis of the extent to
which it would contribute to some goal or purpose or good of the actor or
perhaps on the basis of what the actor knows the community expects of him.
Even if the choice is not reasoned one, there is reference outside immediate
situation. The response or choice may be learned one, based upon similar
experiences in the past in short a habit. Men die because they believe that
thereby they contribute to some value greater than the individual life or
perhaps they feel obliged to sustain a tradition of brave or manly conduct.
Men kill themselves because they come to believe that therein is toured the
road to some trans-earthly reward, or bliss, or peace. Others die at their own
hands because they have become confused or frightened at their inability
to make choices of earthly conduct.This aggregate of techniques, patterns,
and standard of conduct to which men refer choosing courses of action may
properly be called morals.
Law, Ethics and Positive Morality

Inmate Code teaches the newcomer prison deviancy and so it is not
conducive to prison discipline. Paradoxically, the inmate code, can also
be viewed as contributing to order in prison. This hypothesis, put forth
by Cloward is based on a caste-class analysis of the prison social system.
The various groups in the prison are seen as vertically stratified casted.
For example, it is impossible for a prisoner to move from the inmate group
(his caste) to the custodial group, but it is possible for him to move to a
class with higher status within the inmate caste. Since legitimate means
for raising the low status of a prisoner are blocked, the inmate subculture
poses an illegitimate opportunity structure by which an inmate can raise his
status. The inmate code assigns status to those prisoners who can supply
141
those things which the prison deprives. Thus “the merchant” supplies other
inmates with material goods, “the politician” supplies other inmtes with
administrative information, and “the right guy” supplies other inmates
with a reassertion for their individual integrity. Those roles are won by
“dealing” with both guards and inmates. For example, the mess steward
wants meals to be served smoothly so that he may let the inmates who
work for him brew some liquor so as to ensure order in the mess hall. These
“merchants” sell liquor to other inmates. Guards who want information
on inmates may get that information by manoeuvring certain inmates into
jobs with access to files. These “politicians´supply guards with information
about inmates, and the inmates with information contained in the files. The
role of “the right guy” carries the highest status in the inmate subculture.2
Guards can further maintain discipline by using discretion to control
the upward mobility of certain prisoners into the inmate elite. The inmate
elite has a vested interest in maintaining their status, so they will be a cooling
influence in prison crises. In fact, the conservation of the inmate elite can be
considered to be the single most important source of social control in the
prison.
Ethics is a study of the supreme good in man and it is essentially
concerned with the individual. Law is concerned with social relationships
of men rather than with individual excellence of his character. Ethics is very
much concerned with the motives of individuals whereas law insists merely
on the compliance of conduct with certain standards and only in exceptional
cases concerns itself with motives of men. Ethics is the ideal towards which
law strives. In marriage so long law persists there is little need of law to rule
the relations of husband and wife - but the solicitor comes in through the
door as love flies out of the window. (palon – jurisprudence)
Man is free to accept or reject the obligation of ethics but legal duties
are imposed on the individual by the State even against his consent.
Positive morality consists of rule of etiquette enforced by public opinion.
The public opinion is an unorganized one without having the sanction of
force behind it. Rule of law is imposed by the State and its sanction is the
physical might of the state. There is a close relationship between the rules
of law and positive morality, for the latter determines the upper and lower
limit of the effective operation of law. If law lags behind popular standards
it falls into disrepute, if the legal standards are too high, there are great
difficulties of enforcement.
2 Cloward, R.A,; Cressey, D.R.; Grosser, G.H.; McCleery, R.; Ohlin, L.E.; Sykes, G.M.,
Messingeer, S.L.; (1960) Theoretical Studies in Social Organization of the Prison, U.S.A.
Social Science Research Council, pp 20-48.
142
Therefore, a legal system must exhibit some specific conformity with

morality or justice, or must rest on a widely diffused conviction that there is
a moral obligation to obey it. Again, though this proposition may, in some
sense, be true, it does not follow from it that criteria for legal validity of
particular law used in a legal system must include, tacitly if not explicitly,
reference to morality or justice.
In considering the simple truism which we set forth here and there in
connection with law and morals, it is important to observe that there is a
reason why law and morals should include specific content. Men are not
devices dominated by the wish to exterminate each other, and basic rules of
law and moral though necessities must not be identified with the false view
that men are predominantly selfish and have no interest in the survival and
welfare of their fellows. But if men are not devils, neither are they angels;
and the fact that they are a mean between these two extremes is something
which makes a system of mutual for bearances both necessary and possible.
With angels rules requiring forbearances would not be necessary and with
devils, prepared to destroy, reckless of the cost to themselves, they would
be impossible.
Development of Human Rights Jurisprudence

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;
zz 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.
zz Rig Veda cited 3 civil rights i.e. Tana (body), Skridhi (dwelling place)
and Jibhasi (life).
zz Mahabharata tells about the importance of freedom of individual (civil
liberties) in a state.
zz Arthashastra elaborated civil, economic and legal rights formulated by
Manu.
zz Constitution of India Bill, 1895 (Home Rule Document) prepared by
Indian National Congress talked about a constitution guaranteeing
basic human rights of every citizen.
zz In 1925, a draft of the Commonwealth of India Bill was prepared
embodying a Declaration of Rights
143
zz In 1927, Madras Congress of Indian National Congress demanded the

incorporation of declaration of fundamental rights in constitutional
framework.
zz In 1928, A committee under late Moti Lal Nehru declared that the first
concern of people of India is to secure fundamental rights.
zz In 1930, the Lahore Congress declared freedom from foreign rule as a
fundamental right.
zz 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.
zz In 1935, Government of India Act passed under which sections 297-300
were incorporated for certain rights with in-built exceptions.
zz In 1945, Sapru Committee stressed the need for a written code of
fundamental rights.
zz In 1946, the Constituent Assembly also demanded for the Declaration
of Fundamental Rights.
zz In 1948, India signed the Universal Declaration of Human Rights.
zz In 1950, the Constitution of India came into effect incorporating
part –iii on Fundamental Rights of Citizens.
For the first time the term Human Right was used in the U.S. declaration
of Independence in 1776 as, “we hold these truths to be self evident, that all
men are created equal, that they are endowed by Creator certain inalienable
rights, that amongst those are life, liberty and pursuit of happiness. The
French Declaration of Rights of Men and Citizen in 1789 states, “The aim
of every political association is the preservation of natural and inalienable
rights of men; these rights are liberty, property, security and resistance to
oppression.
Marx considered the issue differently. For example for him a right to
employment meant the employment should be available to the bearer of
the right. It did not mean merely that no man should be barred from taking
employment by virtue of some irrelevant circumstances such as race or sex.
Subsequently human rights begin to have a different interpretation. They
spread to rights of women, rights of racial minorities, homosexuals, right
of self determination, etc. Jermy Benthem stated that, “Right is the child of
law; from real law comes real rights, from laws of nature come imaginary
rights. For many philosophers the test of a right was ‘it is actually enjoyed’
or it is actually enforced.
144
In the context of human society as it exists today human rights would

differ from country to country. Human rights also known as ‘Fundamental
Rights’, or ‘Basic Rights’, or ‘National Rights’, or ‘Common Rights’ are the
rights guaranteed to the people as individual, group or categories to live
a decent and dignified life. The first documentary use of the expression
“Human Right” is to be found in the charter of United Nations which was
adopted at San Francisco on June 25, 1945. The first concrete step by way of
formulating various human rights was taken by the United Nations General
Assembly in December, 1948 by adopting United Nations Declaration
of Human Rights. United Nations Declaration of Human Rights merely
operated as a statement of ideas which was not of the nature of legally
binding covenant and had no machinery to enforce it. The deficiency was
sought to be removed by United Nations General Assembly by adopting in
December, 1966 two covenants for the observance of Human Rights:-
a) The Covenant on Civil and Political Rights
b) The Covenant on Economic, Social and Cultural Rights
While the former formulated legally enforceable rights of the individual
the latter was addressed to the state to implement them by legislation. These
covenants are legally binding on the ratifying states.
Definition of Human Rights

The Protection of Human Rights Act, 1993 defined Human Rights as
the rights relating to life, liberty, equality and dignity of the individual
guaranteed by the Indian Constitution as embodied in the Fundamental
Rights and the International Covenants. The of a prisoners of a model Jail,
Lucknow.
;s u iw¡Nks ;gk¡ D;k feyk gS] gj dne ij rik;s x;s gSaA
ri ds dqUnu [kjs cu x;s gS] ;g u le>ks lrk;s x;s gSa AA
;ksx f'k{kk ;gk¡ ij feyh gS] ftlls dk;k fujksx gks pqdh gSaA
cgq tefudk g`n; te x;h Fkh] Kku xaxk esa og Hkh /kqyh gSaA
deZ djuk gS vf/kdkj esjk] R;kx Qy dk crk;s x;s gSaA
fcxMk thou lq/kkjk ;gh ij] lq/kjk thou ;gh [kks jgs gSaA
nkl dfo dh O;Fkk dksbZ iw¡Nsa] esjs cPps ogk¡ jks jgs gSaA
o"kZ 15 x;s fiatM+s esa] vc ryd u NqM+k;s x;s gSaA
jk/ks';ke ik.Ms;
cUnh vkn'kZ dkjkxkj y[kuÅ
145
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 7 Provision of special safeguards to detenues
Article 32: Right to seek remedies through writs on fundamental rights
being affected
Whereas Directive Principles of State Policy from Article 36 to 51
underline the principles of good governance which the state is to apply in
making laws. The provisions contained in this part shall not be enforceable
by any court.
Human Rights & Court

The Supreme Court, by a creative innovation, has overcome the
objection by holding that for constitutional wrong or violation no sovereign
immunity avails. Another remarkable contribution is the interpretative
inclination of the judge to read United Nations instruments into national
legislations thus strengthening human rights. The court has held that
women could culpably be molested even without physical contact, thus
liberalizing the meaning of molestation.
Judgments directing implementation of Human Rights provisions for Prisoners
S.No Cases Citation Issues Addressed
1. State of Maharastra vs. P. Pandurang Right to write and read for prisoners
(AIR 1966 SC 424 )
2. Hussainara Khatoon vs. Home Secretary, Right to speedy trial of Under trials
Bihar (AIR 1979 SC 1360)
3. B.M. Patnaik vs. State of Andhra Pradesh Prisoners not detained of all funda-
(1977) mental rights
4. Maneka Gandhi Vs. Union of India (AIR The word “life “ was defined in terms
1978 SC 597) of prisoners rights
5. Swail Batra Vs. Delhi Administration (AIR - Prisoners entitled to all constitutional
1978 SC 1675) (with C.G. Chobraj) rights
Prisoners under death sentence defined
in terms of Prison Act.
146
6. Mohamed Giassuddin vs. State of Andhra Fundamental rights of prisoners

Pradesh (1977)
7. Kishore Singh vs. State of Rajasthan (AIR Bar fetters shunned
1981 SC 625 )
8. Ratish Roushik vs. Superintendent of Tihar Keeping prisoners in cell and prisoners'
(1980) general rights elaborated.
9. Modu Rani vs. State of Rajasthan (1980) Release of lifers under section 433 A
Cr.P.C.
10. Charles Shobraj vs. Delhi Administration Bar fetters and solitary confinement
(1980)
11. Sunil Batra vs. Delhi Administration (AIR Prisoner entitled to invoke Article 21
1980 SC 1579) for protection of rights.
Dynamic role of habeas corpus
12. Prem Shanker Shukla vs. Delhi Administra- Hand Cuffs
tion (1980)
13. Francis Coralie Vs. Union Territory, Delhi Rights of Detenues
(AIR 1981 SC 746)
14. Ahok Golu vs. State of Rajasthan (1988) Non criminal lunatics can not be
Sheela Barse vs. Union of India (1993) confined in jails
15. Common cause- A registered society Right to easy trial of Under Trials,
through Director vs. Union of India (1996) right to be released
16. Supreme Court Legal Aid Committee rep- Release of under trials who have com-
resenting duty prisoners vs. Union of India pleted half of the period of punishment
(1994) provided in the Act
17. State of Gujarat vs. Hon’ble HC of Gujarat Wages for prisoners
(1997)
18. Ramamurthy vs. State of Karnataka (1997) 1-Chief Secretaries directed to change
prisons into reformation centers within
6 months
2- Case to be put up after 3 months–
lapsed (No operative part)
19. State of Haryana vs. Ghaseeta Ram Disciplinary and Security measures
Supreme Court 1997 3 SCC 761 and remission and Parole – Effect of
Prison Offence
20. State of Haryana vs. Ram Diya (Supreme Conditions of Premature Release
Court) 1990 Cr.L.J. 1327
21. Dawd Patrick ward and Another vs. Union Foreign Prisoners Transfer from one
of India (Supreme Court) jail to another jail
22. State of Maharastra vs. Ravikant S. Patil Prisoners' Right to Fair treatment
(Supreme Court) 1991 2 SCC 373 and dignity- Liability for Payment of
Compensation for handcuffs
23. Amir Shad Khan vs. L. Hamingtiana 1991 9 Prisoners right to judicial remedy.
SCC 39
24. Citizens for Democracy vs. State of Assam Conditions of Prisonisation
(Supreme Court) 1995 3 SCC 743 -use of hand cuffs
25. Satish Kumar vs. State of Haryana Classification of Prisoners
(Supreme Court) 1995 Supp 3 SCC 661
147
26. Sunil Gupta & Others vs. State of Madhya Prisoners Right to Fair Treatment and
Pradesh (Supreme Court) 1990 3 SCC 119 Rights- use of hand cuffs
27. R D Upadhyaya Appellate vs. State of Facilities to be ensured for women
Andhra Pradesh & Others (Supreme Court) Prisoners accompanied by children
writ petition civil 559 of 1994
28. State of Andhra Pradesh vs. Challa Ram Krishna Reddy Right to life and
(Supreme Court) AIR 2000 SC 2083 Personal liberty- Liability for payment
of compensation
29. Nallapareddy Prasanna K. Reddy vs. State Condition of Prisonization of under
of Andhra Pradesh (Andhra Pradesh High trial Prisoners – Right to release on
Court) 1994 Cr. L.J. Journal 2016 bail/ Bond in delayed trials
30. Parmanand Katara vs. Union of India Execution of Death Sentence – Right
(Supreme Court) to Dignity
31. P.D. Gajbhiya vs. State of Maharastra (Bom- Remission and Funlouse – Detention
bay High Court) 1994 Cr. L. J. 2016 period spent as under trial prisoner
32. R. D. Upadhyay vs. State of Andhra Conditions of Prisonization – Men-
Pradesh & Others. (Supreme Court) 1994 4 tally Challenged prisoner
SCC 437
33. Nilabati Behera Vs. State of Orissa Prisoner's Right to Protection against
(Supreme Court) 1993 2 SCC 746 custodial violence – Liability for pay-
ment of compensation
34. Murti Devi vs. State of Delhi (Supreme Prisoner's Right to Protection against
Court) 1998 9 SCC 604 custodial violence Liability for
payment of compensation
35. Keemat Singh vs. Inspector General Prisons Prison Discipline – Compliance with
Chandigarh (Punjab and Haryana High the principles of Natural Justice
Court) 1994 Cr. L.J. 1884
36. Kalyan Chandra Sarkar vs. Rajesh Ranjan Out of State Transfer of Prisoners and
alias Pappu Yadav and others respondents use of video conferencing technology
(Supreme Court) 2005 Cr. L. J. 944 SCC for under trial Prisoners
37. Mohamad Munna, Petitioner vs Union of Duration of Imprisonment – Duration
India and Others (Supreme Court) writ peti- of Life Sentence
tion Cr. L. J. No. 45 of 1998 with 50 of 2003
dated 16.09.2005 AIR 2005 SC 3440
38. State of Maharastra, Appellant vs. Dr. Recording of evidence by Video Con-
Praful B. Desai Respondent and P. C. Singh ferencing
Appellant vs Dr. Praful B Desai (Supreme
Court) Criminal Appeal No. 476 of 2003
with criminal Appeal No. 477 of 2003 AIR
2003 SC 2053
39. S. Balamurgan vs. I.G. Prisons, Madras Condition of Prisonization, Prison
(Madras High Court) 1996 Cr. L.J. 1779 Discipline and Right to Transfer of
Prisoner for one Jail to Another Jail
40. Zoil Nath Sarmah vs. State of Assam Prison visiting system
(Guwahati High Court) 1992 Cr. L.J. 2072
41. Dr. M. Karunanidhi vs. State of Tamil Nadu Prison visiting system
(Madras High Court) 1994 Cr. L. J. 2599
42. State of Punjab vs Joginder Singh (Supreme Remissions and Parole
Court) 1990 2 SCC 661
148
43. State of M.P. vs Mohan Singh (Supreme Remission and Parole and Prisoner's
Court) 1995 6 SCC 32 Right to Equality
44. Sarjerao Pole vs. State of Maharashtra Remissions, Parole & Premature
(Bombay High Court) 1999 Cr. L. J. 1433 Release – effect of Prison offence
45. Kamlesh Kumar Ishwardas Patel vs. Union Preventive Detention
of India (Supreme Court) 1995 4 SCC 51
46. State through Superintendent Central Jail,Political and Administrative Control
over Prisons- Right of Press to Inter-
Delhi vs. Charmlata Joshi 1999 Cr. L. J. 2273
SC view Prisoners
47. State of Maharashtra vs. Syed Noor Hasan Political and Administrative control
Gulam Hussain (Bombay High Court) 1995 and Classification of Prisoners – Gang-
Cr. L.J. 765 wise Classification of Prisoners
48. T.N. Mathur vs. State of Uttar Pradesh SC Conditions of Prisonization – Basic
1993 Supp 1 SCC 722 Amenities
49. Conditions of Prisonization - Liability
Kewal Pati vs. State of Uttar Pradesh 1995 2
SCC 660 of Prison administration to pay com-
pensation
50. Rama Murthy vs. State of Karnataka 1997 2 Conditions of Prisonization, Medical
SCC 642 Treatment, Classification of Prison-
ers, Prison Labour, Discipline and
Security, Complaint Procedure, Prison
visiting system
51. Gurdev Singh and Others vs. State of Prison Labour & Prisoners Right to
Himachal Pradesh (Himachal Pradesh High Wages
Court) 1992 Cr. L. J. 2542
52. Bhagwan Anna Arbune vs. State of Maha- Remission, Parole and Prison
rashtra Bombay High Court 1994 Cr. L. J. discipline
1477
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 nor 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
149
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 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 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. Moreover Article 22 provides that no 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 right 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.
150
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 prisoner's 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 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 maintenance 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
151
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 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, than 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 his/her rights and leave
his/her in grief”
152
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 Prisoner officials.
zz 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.
zz 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.
zz It was also held that bar-fetters, to a considerable extent imposed under
section 56 of the Prison Act curtail, if not wholly deprive, 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.
zz 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.
zz Therefore, it 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.
153
Approaches towards Human Rights of Prisoners

S. Human Rights Consider- Approach
No ations
1. Maintaining Human zz Prisoners should be treated in a humane and
Dignity dignified manner from admission to discharge.
zz Physical and mental torture can never be justified.
zz Use of force must be strictly regulated.
zz On admission prisoners must be informed of
their regulations, their rights and obligations and
records with their legal status must be made.
zz Standards must be met for accommodation,
hygiene, clothing and bedding, food and exercise.
2. Health Rights of Prisoners zz Proper health care including specialist treatment,
is a basic right and should be free.
zz Prison conditions must meet proper health
standards.
zz Medical staff should be fully trained.
zz The medical officer is responsible for a prisoner’s
health from the day of admission to discharge.
3. Making Prisons Safe zz Prisoners should be classified according to risk
Places and kept in the lowest possible security custody
zz Instruments of restraint shall never be applied as
punishment.
zz There should be a balance of physical, procedural
and dynamic security.
zz Prisons should be safe environments.
zz There should be a balance of incentives,
encouragement and discipline.
zz Discipline should be based on principles of
natural justice.
zz Prisoners should not be used in a disciplinary
role.
4. Making the best use of zz Social reintegration should be an explicit aim of
Prisons imprisonment.
zz There should be a full programme of activities to
meet prisoners' needs:
zz Work habits and skills
zz The right to education and training.
zz Offending behaviour courses.
zz Physical training education.
zz Preparation for release /parole/after care.
zz The right to freedom of religious beliefs and
worship.
zz Staff should act as good role models.
154
5. Prisoners contact with zz The prison is a part of the community.

outside world zz Prisoners should be located in prisons close to
their homes.
zz Prisoners have a right to communicate with
the community e.g. families, friends, legal
representatives, diplomatic representatives,
through letters, visits, and telephone.
zz Home leave and temporary leave schemes assist
in reintegration process.
zzPrisoners should have access to books,
newspapers, radio and T.V.
6. Complaints and Inspection zz 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.
zz Prisoner/ complaints should be handled with
fairness, speed and sensitivity and without fear
of reprisal.
zz Internal inspections of prisons should be routine.
zz Prisoners should be open to public security by
independent inspection teams whose reports are
published.
7. Special Categories of Women
Prisoners zz Women prisoners are a minority in a system run
for men, and should not be discriminated against.
zz Women should be held separately from men.
zz 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
zz 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)
zz The deprivation of liberty of a juvenile shall
always be last resort and for a minimum necessary
period.
zz Juveniles shall be held separately from adults.
zz Juveniles are more amendable to change, so
should be given the opportunities of education,
training and development help.
Non Discrimination
zz All human being are born free and equal in
dignity and rights.
155
zz Everyone has the right to freedom of thought,

conscience and religion.
zz Minority prisoners shall not be discriminated
against.
Prisoners under sentence of death
zz Abolition of the death penalty is encouraged
zz Capital punishment shall be carried out with the
minimum possible suffering.
zz Staff needs to be sensitive to the needs of the
prisoner and his/her family.
8. Persons under detention zz The right to be presumed innocent until proved
without sentence guilty
zz The right of a prompt court hearing after arrest
to review the legality of detention, and the right
to bail.
zz The right to confidential access to a lawyer and
friends in preparation of a defence.
zz The right to trial within a reasonable time, or to
release.
zz Untried prisoners should be kept separately from
convicted persons
zz Untried prisoners have special rights: food,
clothing, work and visits
9. The administration of The prison administration should be a civilian organi-
Prison and Prison Staff zation totally separate from the military, the police and
the public prosecutor.
zz 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.
zz Staff should be selected for their integrity,
humanity, professional capacity and personal
suitability.
zz Staff should be given training, salary and
conditions of service commensurate with the
required professional qualities.
10. 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 confine-
ment 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.
156
11. Right against cruel and As a general guideline, other specific punishments
unusual punishment must not include chains, handcuffs in cells, tear gas
or removal of clothing except in special circumstances.
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 is cruel and unusual punishment.
12. Freedom to communicate A prisoner is entitled to communicate subject to prison
rules. He or she even has the right to communicate his/
her grievances to the court or the media.
13. Religious Expression In general even in prison, a prisoner has the right to
his religious beliefs. However, dietary requests for re-
ligious observance remain a problem, and the refusal
of requests for specific foods during holy periods has
been judicially upheld.
14. Right to Medical care The prisoners are entitled to the kind of medical treat-
ment and current medical practice prescribed for most
of the patients with those kinds of ailments.
15. 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.
16. Protection Exposure to sexual assaults unfortunately is a fact of
prison life. A prisoner’s most effective legal remedy
where officials fail to protect him from these assaults is
a civil suit or a writ petition before the High Court or
Supreme Court.
17. Right to Vote Prisoner’s have right to vote even they can contest
from the jail.
18. Right to compensation Right to claim monetary compensation from the vio-
lation 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 like
1. to move freely
2. right to hold public office
3. employment in govt. and public sector but still prisoner enjoys certain basic rights.
Important Judgments on Prisoner's Rights

In George Fernandes' case (1964 66 Bom. LR 185), the issue was books
being denied by the jail authorities. The Superintendent of the Nagpur
Central Prison had arbitrarily fixed the number of books to be allowed to
each prisoner at 12. The Court held that under the Bombay conditions of
Detention Order, 1951 there was no restriction on the number of books, and
the only ground on which a book may be disallowed is that is was, in the
opinion of the Superintendent, "Unsuitable". The Superintendent could not
fall back on may implied power to disallow the books.
157
In Prabhakar Sanzgiri's case (AIR 1966 SC 424), the convict had written
a book "Inside the Atom" dealing with physics. He was prevented from
publishing the same under the Defence of India 1962, and the Bombay
Conditions of Detention Order, 1951. The Court held that no prejudice to
the defence of India or to public safety or to the maintenance of public order
was possible and permitted the publication.
In M.A. Khan's case (AIR 1967 Bombay 254) the prison officials had
refused Khan certain journals and periodicals even though the prisoner had
offered to pay for them. These were refused on the ground that they were
not included in the official list. The refusal was done under Clause 1 of
the Bombay Conditions of Detention Order, 1951 which was framed under
Section 4 of the Preventative Detention Act, 1950.
Perusing these Sections and Clauses the judge held that prisoners can
be refused reading material only if newspapers are found "unsuitable" by
the authorities. In the present instance the prison authorities had supposedly
found the journals "unsuitable" because they "preached violence" and
criticized policies of the Government in respect of Kashmir.
The Court also perused Rule 30(4) of the Defence of India Rules
according to which the State may determine the conditions with respect
to "maintenance" and "discipline" of prisoners. Preventing prisoners from
reading papers does not in any way relate to maintenance or discipline, the
Court said. Further the use of the word "unsuitable" in Clause 16 gave the
State arbitrary and unregulated discretion as there were no guidelines for
the exercise of power.
In Denial Walcott's case (1971 Bom. LR 436), the petitioner was punished
by the prison authorities on account of an offence he had committed while
serving a prison term.
Section 51 of the Prison's Act lays down that entries ought to be made in
a register called the punishment book in respect of the punishment inflicted
and other details. Section 46 provides for the "examination" of the person
who has allegedly committed the prison offence, to determine whether an
offence has been committed and, if so, to punish.
Interpreting Section 46 the Court held that the principles of natural
justice must be adhered to by the Superintendent himself and on other
person. He must "examine" the prisoners himself. He cannot simply rely on
a ready-made statement. That would not be an "examination". The enquiry
is of a quasi-judicial nature and includes the right of the prisoner to be heard,
158
to be fully informed and to cross examine. Finally the Superintendent must

pass a reasoned order.
Kunnikkal Narayanan (AIR 1973 Ker. 97) was prevented from receiving
"Mao literature" by the prison authorities and challenged the same through
a petition in the Kerala High Court. As no passage from these books could
be shown, it read, to endanger security of the State or prejudice public
order, the books were allowed.
The Court held that there were no grounds to prevent Kunnikkal from
obtaining these books. Article 19(1) (a) includes the freedom to acquire
knowledge, to peruse books and read any type of literature subject only
to certain restrictions. The security of the State and maintenance of public
order would not be affected.
In Sunil Batra and Charles Gurmukh Sobraj vs. Delhi Administration
and Others (AIR 1978 SC 1675), the Supreme Court considered complaints
arising from the treatment of prisoners in solitary confinement and from
the use of shackles or fetters to restrain them. The Court held that such
treatments may be constitutional and appropriate in certain cases, but it also
ruled that they should be used sparingly and in accordance with specific
guidelines appropriate under law. The Court noted that an individual
prisoner's physical and mental health needed to be balanced against the
notion of "safe custody", and that the State should not be hypersensitive to
the concerns of the letter.
In Sunil Batra (II) vs. Delhi Administration (1980 3 SCC 488), the
Supreme Court considered a report of a prisoner who had been tortured
while in custody. The Court found that the prisoner was tortured and
that guilt would be determined after a criminal trial took place. The Court
provided a set of detailed directions regarding detention conditions:
zz No future custodial violence or use of leg-irons against the prisoner.
zz Facilities for lawyers to conduct confidential communications with
prisoners.
zz Grievance boxes to be installed in prisons.
zz Visits by district magistrates or sessions judges, or their designates, to
prisons and to hear grievances.
zz No special penalties, such as those listed in Rakesh Kaushik (Supra),
without approval from a session judge.
zz Distribution in Hindi of a handbook detailing prisoners' rights.
159
zz Conformity to United Nations principles on the treatment of prisoners.

zz Orientation course for prison staff regarding constitutional values and
appropriate management of prisons.
zz Provision of free legal services to prisons.
In Rakesh Kaushik vs. B.L. Vig, Superintendent, Central Jail, New
Delhi and Another (AIR 1981 SC 1767), the Supreme Court heard a petition
from a prisoner detailing abuse, bullying, misconduct, drug smuggling,
sexual assault, and other forms of crime in a prison. The Court declined
to rule on the accuracy of the allegations, preferring instead to order an
enquiry into general conditions of the jail as well as the specific complaints
of the prisoner. The Court noted that it had previously issued directions on
the conditions of jail facilities, including:
zz Right of lawyers to visit, interview, and communicate in confidence
with inmates;
zz Grievance boxes to be installed in every prison;
zz Visits by magistrates or their designates to hear grievances and take
appropriate remedial action;
zz No solitary confinement, punishment, hard labour, dietary change,
other punishment, denial of privileges or amenities, or transfer to take
place without approval of sessions judge;
zz Availability in Hindi of a handbook to educate prisoners about their
rights;
zz Availability of free legal services to prisoners.
In Francis Coralie Mullin vs. Administrator, Union Territory of Delhi
and Others (AIR 1981 SC 746), the Supreme Court considered the case of
a detence who was imprisoned while awaiting trial. The Court held that
the restrictions on her, including limitations on the number of visits to one
per month and monitored interviews with her legal representative, were
unreasonable and arbitrary.
In the Prison Reforms Enhancement of Wages case (AIR 1983 Ker.
261), the Gujarat High Court was faced with a situation where undertrials
were paid between 50 paise and Rs. 1.60 per day for a full of hard labour.
The court lamented the fact that the Prison Reforms Commission was not
functioning.
Dealing with the objections of the State in respect of increase in wages,
the judges said:
160
"We do not think that better treatment in jail would be an incentive

to commit crimes... and it is unreasonable to assume that merely because
a person is moderately well fed and looked after under human conditions
that... he feels happy in jail."
The constitution questions to be answered were:
1. Can a prisoner under sentence claim wages for his work?
2. Must these wages be reasonable and not merely illusory?
3. Can a Court grant reliefs?
All three questions were answered in the affirmative. The Indian
Penal Code speaks only of hard labour not free labour. Reliance was placed
on Article 4 of the Universal Declaration of Human Rights which reads,
"Right to work, free choice of employment, just and favourable conditions
of work and protection against unemployment." Also Article 23(3) which
guaranteed "the right to remuneration ensuring for a dignified existence for
self and family." Reliance was also placed on Article 10(1) of the International
Covenant of Civil and Political Rights declaring "all persons deprived of
their liberty shall be treated with humanity and respect". Accordingly, the
Court held that prisoners ought to be paid wages at or above the minimum
wage.
In Miss Veena Sethi vs. State of Bihar and Others (AIR 1983 SCC 339),
the Supreme Court heard a petition stating that some prisoners had been
detained for extremely unreasonable periods (20 or 30 years) for insufficient
cause, typically because they were deemed to have been of unsound mind at
the time that they were alleged to have committed an offence. For example,
in the case of Gomia-Ho, a person sentenced to rigorous imprisonment for
three years and fined Rs. 100 ended up spending 37 years in jail. The Court
ordered the immediate release of several prisoners, requested the state
government to make appropriate treatment available to other prisoners,
and agreed to consider requests for compensation from certain prisoners
for their illegal detention.
Ranchhod vs. State of M.P. (1986 16 Reports M.P. 147), brought into
sharp focus the pitiable state of jails in the State of M.P. The callous behaviour
of doctors, maltreatment by jail staff and tampering of jail records came up
for judicial scrutiny. All this went on for years with the visitors' committee
apparently oblivious of it all. This is important case on the role of doctors
in jails.
In Madhukar Jamblahe's case (1987 Mh.L.J. 68), the petitioner
complained of bad food in the Dhule district Jail. The food contained worms
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etc. He also challenged section 59 of the Prisons Act classifying prisoners

into Class I and II based on higher status, education and standard of living.
When the petition came up for hearing the divisions into different classes
were already abolished. The petitioner also challenged various rules of the
Maharashtra Prison (Facilities to Prisoners) Rules 1962, which restricted
the right to correspond and provided for strict censorship. For example,
prisoners were not allowed to correspond with prisoners in other prisons.
Political materials were not communicated and nothing could be written
complaining against the jail administration. The Bombay High Court held
that there was no justification for the above restrictions.
Inacio Manuel Miranda vs. State (1989 Mh.L.J. 77), reasserted the rights
of prisoners regarding prison facilities such as shaving blades, letters,
ventilation in the room and so on. Most shocking, however, was the attitude
of the High Court in the face of sustained disobedience of previous orders
of Court. Despite several judgments, the Prison Manual and Rules were not
printed and available to the prisoners. Despite another series of decision,
prison wages were not enhanced and remained at a pitiably low level.
Despite repeated orders the Visitors' Board was not properly constituted
and functioning. After noting non-compliance with the orders of the court,
the Division Bench of the Bombay High Court was content with merely
repeating the same directions all over again. Inspector General Compliance
was to be reported within six months (from September 1988). This was not
done.
In Sharad Keshav Mehta's case (1989 Cr.L.J. 681), the Bombay High
Court that release on a furlough was a legal and substantial right of the
prisoner and denial of the same must be based on material facts indicating
that the same disturb public peace and tranquility. In the present case, it
was held that rejection was misconceived.
In Gurdev Singh's case (AIR 1992 Him. Pr. 76), the Himachal Pradesh
High Court held that the payment of wages below "minimum wages"
prescribed by law to prisoners amounted to "forced labour" under Article
23 of the Constitution. The Court held that there has to be no distinction
between the work inside the prison and outside it. The Court also directed
the State Government to undertake comprehensive prison reforms by
appointing a high power committee to look into matters including opening
of more open air prisons, provision for education, vocational training and
adequate training.
In Sheela Barse vs. Union of India and another (1993 4 SCC 204), the
Supreme Court considered a writ petition filed by a social activist regarding
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the conditions of imprisonment for the mentally ill. The Court noted that
it had appointed a commission to investigate the subject, and that the
commission had found that there were serious concerns, including a delay
in providing specialist help to patients in jail, a lack of specialized human
resources in jail, inadequate supervision of the conditions of patients, an
absence of a mental health team to support psychiatrists, and a lack of
sufficient treatment facilities. The Court issued a detail set of directions:
zz It was unconstitutional and illegal to send non-criminal mentally ill
persons to jail.
zz The State of West Bengal must immediately cease this practice.
zz The examination and placement of mentally ill persons was now a
responsibility of judicial magistrates rather than executive magistrates.
zz The judicial magistrate must have a mentally ill person examined by a
professional and send the person to treatment if recommended.
zz The judicial magistrate must send quarterly reports of all cases
regarding the mentally ill.
zz The State of West Bengal immediately enact the above reommendations,
establish an inquiry into the recent deaths of 19 persons in a central
jail, upgrade mental hospitals, establish psychiatric services in all
teaching and district hospitals, integrate mental health care into the
primary health care systems, apply new rules governing the discharge
of patients from mental hospitals and send quarterly reports to the
Supreme Court of its progress in taking these steps.
zz The High Court of Judicature at Calcutta must establish a committee
to provide recommendations on the discharge of the mentally ill and
the removal of the mentally ill from jails to places of treatment or care.
In Rama Murty vs. State of Karnataka (1997 Cr, L.J. 1508), the
Supreme Court heard the case of a prisoner who claimed to be suffering
mistreatment. The Court used this as an opportunity to provide a detailed
set of recommendations for dealing with the nine problems that afflicted
India's prison system:
(1) Overcrowding: The Court required the release of certain categories of
under trail prisoners, liberalized bail conditions, and increased use of
other sentences to divert offenders from jail.
(2) Delay in trial: The Court ordered police officers to be more diligent in
transporting prisoners to court.
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(3) Torture and ill-treatment: The Court required the publication of an

All India Jail Manual that, among other things, prohibits the use of
excessive physical force against prisoners.
(4) Neglect of health and hygiene: The Court urged policymakers to turn
their attention to this issue.
(5) Insubstantial food and inadequate clothing: The Court urged
authorities to conform to their responsibilities.
(6) Prison vices: The Court suggested that a leading cause of these vices
was the disruption to marital life of some prisoners, and made some
recommendations.
(7) Deficiency in communication: The Court encouraged a more
liberalized approach to communications between prisoners and others,
as it was inhumane to deny people the opportunity to know how their
loved ones are doing.
(8) Streamlining of jail visits: The Court encouraged a more liberal
approach to jail visits, noting that conjugal visits with spouses
would assist with the psychological health of prisoners, and that
communication between prisoners and their families and friends
helped with the re-integration of prisoners into society following their
release.
(9) Management of open air prisons: The Court recommended the
construction of more open-air prisons as a way of permitting prisoners
to gain practical work experience and to provide a stronger sense of
discipline and social responsibility.
In State of Gujarat and another vs. Hon'ble High Court of Gujarat (1998
Cr.L.J. 4561), the Supreme Court considered whether prisoners should be
compelled to do labour while in prison, and the appropriate pay rate for
prisoners who do such labour. The Court held that prisoners sentenced
to rigorous imprisonment could be required to do hard labour, and that
other prisoners should have the option of doing it. The Court held that an
equitable wage must be paid to prisoners subject to reasonable deductions
for expenses. The Court further held that a portion of these wages should
be paid as compensation to deserving victims of offences.
In Nihal Singh vs. State of Punjab (2000 Cr.L.J. 3298), the Punjab and
Haryana High Court ruled on a request by a prisoner to be classified under
the "B" category of prisoners on account of his higher level of education,
social standing, and history. The Court not only rejected his request, but
it also declared as unconstitutional the State's law that permitted the
streaming of prisoners into different categories on account of these factors.
The Court held that this streaming violated the constitutional guarantee of
equality.
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In R.D. Upadhyay vs. State of A.P. & Ors., on the 13th of April 2006, the
Supreme Court issued the following guidelines:
1. A child not be treated as an under trial/convict while in jail with his/
her mother. Such a child is entitled to food, shelter, medical care,
clothing, education and recreational facilities as matter of right.
2. Pregnancy:
a. Before sending a woman who is pregnant to a jail, the concerned
authorities must ensure that jail in question has the basic minimum
facilities for child delivery as well as for providing pre- natal and
post-natal care for both, the mother and the child.
b. When a woman prisoner is found or suspected to be pregnant
at the time of her admission or at any time thereafter, the Lady
Medical Officer shall report the fact to the Superintendent. As
soon as possible, arrangement shall be made to get such prisoner
medically examined at the female wing of the District Government
Hospital for ascertaining the state of her health, pregnancy,
duration of pregnancy, probable date of delivery and so on. After
ascertaining the necessary particulars, a report shall be sent to the
Inspector General of Prisons, stating the date of admission, term
of sentence, date of release, duration of pregnancy, possible date
of delivery and so on.
c. Gynecological examination of female prisoners shall be performed
in the District Government Hospital, proper pre-natal and post-
natal care shall be provided to the prisoner as per medical advice.
3. Child birth in prison:
a. As far as possible and provided she has a suitable option,
arrangements for temporary release/parole (or suspended
sentence in case of minor and casual offender) should be made
to enable an expectant prisoner to have her delivery outside the
prison. Only exceptional cases constituting high security risk or
cases of equivalent grave descriptions can be denied this facility.
b. Births in prison, when they occur, shall be registered in the local
birth registration office. But the fact that the child has been born
in the prison shall not be recorded in the certificate of birth that is
issued. Only the address of the locality shall be mentioned.
c. As far as circumstances permit, all facilities for the naming rites of
children born in prison shall be extended.
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4. Female prisoners and their children:

a. Female prisoners shall be allowed to keep their children with
them in jail till they attain the age of six years.
b. No female prisoner shall be allowed to keep a child who has
completed the age of six years. Upon reaching the age of six
years, the child shall be handed over to a suitable surrogate as
per the wishes of the female prisoner or shall be sent to a suitable
institution run by the social welfare department. As far as possible,
the child shall not be transferred to an institution outside the town
or city where the prison is located in order to minimize undue
hardships on both mother and child due to physical distance.
c. Such childeren shall be kept in protective custody until their
mother is released or the child attains such age as to earn his/her
own livelihood.
d. Children kept under the protective custody in a home of the
department of social welfare shall be allowed to meet the mother
at least once a week. The Director, Social Welfare Department,
shall ensure that such children are brought to the prison for this
purpose on the date fixed by the Superintendent of Prisons.
e. When a female prisoner dies and leaves behind a child the
Superintendent shall inform the District Magistrate concerned
and he shall arrange for the proper care of the child. Should the
concerned relative (s) be unwilling to support the child, the District
Magistrate shall either place the child in an approved institution/
home run by the state social welfare department or hand the child
over to a responsible person for care and maintenance.
5. Food, Clothing, Medical Care and Shelter:
a. Children in Jail shall be provided with adequate clothing
suiting the local climatic requirement for which the State/U.T.
Government shall lay down the scales.
b. State/U.T. Governments shall by down dietary scales for children
keeping in view the calorific requirements of growing children as
per medical norms.
c. A permanent arrangement needs to be evolved in all jails,
to provide separate food with ingredients to take care of the
nutritional needs of children who reside in them on a regular
basis.
d. Separate utensils of suitable size and material should also be
provided to each mother prisoner for using to feed her child.
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e. Clean drinking water must be provided to the children. This water

must be periodically checked.
f. Children shall be regularly examined by the Lady Medical Officer
to monitor their physical growth and shall also receive timely
vaccination. Vaccination charts regarding each child shall be kept
in the records. Extra clothing, diet and so on may also be provided
on the recommendation of the Medical Officer.
g. In the event of a woman prisoner falling ill, alternative
arrangements for looking any children under her care must be
made by the jail staff.
h. Sleeping facilities that are provided to the mother and the child
should be adequate, clean and hygienic.
i. Children of prisoners shall have the right of visitation.
j. The Prison Superintendent shall be empowered in special cases
and where circumstances warrant admitting children of women
prisoners to prison without Court orders provided such children
are below 6 years of age.
6. Education and recreation for children of female prisoners:
a. The child of female prisoners living in the jails shall be given
proper education and recreational opportunities and while their
mothers are at work in jail, the children shall be kept in crèches
under the charge of a matron/female warder. This facility will
also be extended to children of warders and other female prison
staff.
b. There shall be a crèche and a nursery attached to the prison for
women where the children of women prisoners will be looked
after. Children below three years of age shall be allowed in the
crèche and those between three and six years shall be looked after
in the nursery. The prison authorities shall preferably run the said
crèche and nursery outside the prison premises.
7. In many states, small children are living in sub-jails that are not at
all equipped to keep small children. Women prisoners with children
should not be kept in such sub-jails, unless proper facilities can be
ensured which would make for a conducive environment there for
proper biological, psychological and social growth.
8. The stay of children in crowded barracks amidst women convicts,
under trials, offenders relating to all types of crimes including violent
crimes is certainly harmful for the development of their personality.
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Therefore, children deserve to be separated from such environments

on a priority basis.
9. Diet: Dietary scale for institutionalized infants/children prepared
by Dr. A.M. Dwarkadas Motiwala, MD (Pediatrics) and Fellowship
in Neonatology (USA) has been submitted by Mr. Sanjay Parikh. The
document submitted recommends exclusive breastfeeding on the
demand of the baby day and night. If for some reason, the mother
cannot feed the baby, undiluted fresh milk can be given to the baby. It
is emphasized that “dilution is not recommended; especially for low
socio-economic groups who are also illiterate, ignorant, their children
are already malnourished and are prone to gastroenteritis and other
infections due to poor living conditions and unhygienic food habits.
Also, where the drinking water is not safe/reliable since source of
drinking water is a question mark. Over-dilution will provide more
water than milk to the child and hence will lead to malnutrition
and infections. This in turn will lead to growth retardation and
developmental delay both physically and mentally." It is noted that
since an average Indian mother produces approximately 600-800 ml.
milk per day (depending on her own nutritional state), the child should
be provided at least 600 ml. of undiluted fresh milk over 24 hours if
the breast milk is not available. The report also refers to the “Dietary
Guidelines for Indians – A Manual,” published in 1998 by the National
Institute of Nutrition, Council of Medical Research, Hyderabad, for a
balanced diet for infants and children ranging from 6 months to 6 years
of age. It recommends the following portions for children from the
ages of 6-12 months, 1-3 years and 4-6 years, respectively: Cereals and
Millets – 45, 60-120 and 150-210 grams respectively; Pulses – 15, 30 and
45 grams respectively; Milk – 500 ml (unless milk breast fed, in which
case 200 ml); Roots and Tubers – 50 ,50 and 100 grams respectively;
Green Leafy Vegetables – 25, 50 and 50 grams respectively; Other
Vegetables – 25, 50 and 50 grams respectively; Fruits – 100 grams;
Sugar – 25, 25 and 30 grams respectively; and Fats/Oils (Visible) – 10,
20 and 25 grams respectively. One portion of pulse may be exchanged
with one portion (50 grams) of egg/meat/chicken/fish. It is essential
that the above food groups to be provided in the portions mentioned
in order to ensure that both macronutrients and micronutrients are
available to the child in adequate quantities.
10. Jail Manual and/or other relevant Rules, Regulations, instructions
etc. shall be suitably amended within three months so as to comply
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with the above directions. If in some jails, better facilities are being
provided, same shall continue.
11. Schemes and laws relating to welfare and development of such
children shall be implemented in letter and spirit. State Legislatures
may consider passing of necessary legislations, wherever necessary,
having regard to what is noticed in this judgment.
12. The State Legal Services Authorities shall take necessary measures
to periodically inspect jails to monitor that the directions regarding
children and mother are complied with in letter and spirit.
13. The Courts dealing with cases of women prisoners whose children are
in prison with their mothers are directed to give priority to such cases
and decide their cases expeditiously.
14. Copy of the judgment shall be sent to Union of India, all State
Governments/Union Territories, High Courts.
15. Compliance report stating steps taken by Union of India, State
Governments, Union territories and State Legal Services Authorities
shall be filed in four months where after matter shall be listed for
directions.
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Chapter - V
Punishment System under Indian Laws

The dictionary meaning of punishment is a penalty inflicted on an
offender through judicial procedure. Punishment is inflicted when one
deviates from certain social norms formulated for the purpose of maintaining
peace, law and order. The punishment for such deviations ranges from
a token fine to a death penalty. If the sole purpose of punishment is to
cause pain to the offender it serves little purpose. On the other hand, if the
purpose of the punishment is to make the offender realize the gravity of
his wrong, and instil in him a desire to atone and make amends for it, the
punishment inflicted may be said to have achieved its object. The object or
purpose of punishment cannot be attributed to one reason only and thus
over the years, many theories of punishment have come to the fore. The
well known theories are:
(i) The Deterrent theory
(ii) The Preventive theory
(iii) The Retributive theory
(iv) The Reformative theory
1. The Deterrent theory
A punishment is primarily deterrent in nature when its object is to
make crime an ill bargain to the offender by the infliction of an exemplary
punishment, thereby acting as a deterrent to the person concerned as well
as to the world at large. The advocates of capital punishment rely on this
theory in support of their contention.
2. The Preventive theory

The propounders of this theory hold that the object of punishment is
to prevent the offenders, by permanent or temporary disablement in the
form of a death sentence or imprisonment for a certain number of years
respectively. The extreme penalty i.e., death ensures that once and for all
the offender will be prevented from repeating the crime. Imprisonment
disables or prevents the offender from committing the crime for a limited
period. The period of imprisonment could be utilized to reform and re-
educate the offender so that he could not commit a crime again.
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Deterrent and Preventive theories: While broadly speaking there

seems to be no real difference between the two theories, in the case of the
deterrent theory, the object is to show the offender and the world at large
that crime does not pay, whereas the main purpose of the preventive theory
is to disable by means of death or imprisonment, the offender himself so as
to ensure that he does not repeat the crime.
Rule 58 of the International Standards of Minimum Rules states ‘The
purpose and justification of sentence of imprisonment or a similar measure
depravity 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 also able to lead a law-binding and self-supporting life.’
3. The Retributive theory

This theory of punishment has its root in the retributive indignation
of the people at large which flares up and comes to the fore whenever a
crime or an injustice is committed or done. According to this theory which
can be said to be based on the principle of ‘an eye for an eye and a tooth for
a tooth’, any rational system of administration of justice must attempt to
satisfy this emotion.
The system of private revenge has to some extent been suppressed and
the victim takes recourse to law expecting to take revenge on the offender
through the system of administration of justice. However, if the criminal is
treated very leniently the spirit of vengeance of retributive indignation is
bound to come to the surface again and find its satisfaction through private
vengeance. The retributive theory however ignores the causes of the crime
and the fact that in many cases innocent persons are falsely implicated.
Further, whereas other theories regard punishment as a means to an end,
the retributive theory looks on it as end itself.
4. The Reformative theory

According to this theory “crime is a disease” that cannot be cured by
killing. Thus, this theory propounds that the object of punishment should
be reformatory, what while the crime should be despised, the offender
should not be hated. The object of this theory is to convert the criminal into
a civilized man by providing a healthy atmosphere in jail facilitating the
criminal’s reformation and re-education. To the propounders of this theory,
execution, solitary confinement, etc., are relics of the past and enemies of
171
reformation. The aim of the theory is to effect a change in the character of

the prisoner so as to make him a useful member of society, which process
requires a healthy atmosphere and proper facilities in jails. Lamenting on
the atrocities prevailing in Delhi’s Tihar Jail in the case of Sunil Batra v. Delhi
Administration 1980, Justice Krishna Iyer observed ‘The rule of law meets its
Waterloo when the state’s minors become law breakers, and so the Court
as a Sentinel of Justice and the Voice of the Constitution, runs down the
violators with its write serves compliance with human rights even behind
iron bars and by prison wardens.
While reformation is an important element, there are certain limitations
in the sense that it has better chances of being successful in the case of
juvenile offenders rather than hardened criminals, in whom crime is an
ineradicable instinct. It is also true that criminals are mentally diseased and
abnormal human beings. Thus, if all murder were to be given lenient and
reformative treatment, it would have an adverse impact on the public at
large. Thus, while the theory is practicable in the case of the very young,
first offenders, and the mentally retarded offenders in other cases some
deterrent element is necessary.
In conclusion, it can be said that the administration of criminal justice
cannot have as its sole purpose any one of the theories mentioned above.
For a Penal Code to be effective there must be a judicial blend of all of them,
as no theory of punishment is a complete solution by itself.
In the words of Dr. Sethna, the theories of deterrent prevention,
reformation and retribution go hand in hand, and exist for the preservation
of the moral order, the protection of society, and the rehabilitation of the
offender himself.
The Punishments to which offenders are liable under IPC are:
(i) Death
(ii) Imprisonment for life
(iii) Imprisonment
(a) Rigorous with hard labour
(b) Simple
(iv) Forfeiture of property
(v) Fine
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Death: The death sentence is the most deterrent punishment and

based on the principle of a ‘Life for a Life’. The punishment of death may
be awarded in the following cases:
(i) Waging War against the Government of India (Sec. 121)
(ii) Abetting mutiny and is actually being committed (Sec. 132)
(iii) Giving of fabricating false evidence upon which an innocent person
suffers death (Sec. 194)
(iv) Murder (Sec. 302)
(v) Dacoity accompanied with murder (Sec. 369)
(vi) Attempt to murder by a person under a sentence of imprisonment for
life, if hurt is caused in such attempt (Sec. 307)
It may be noted that the Court is not bound to award the death sentence
in the above cases but it may do so.
Death or Capital Punishment: The purpose of capital punishment is
two fold:
Firstly, by putting the offender to death, fear is instilled in the minds
of the world at large; it operates as an ominous warning to the public for
the fate that awaits them in case they are to contemplate a similar offence.
Secondly if the offender is an incorrigible or incurable offender, putting
him to death prevents repetitions of the crimes as it would be in the interest
of the community to ensure that he is not set free again.
There have been many arguments for and against capital punishment.
Arguments against Capital Punishment:

Persons who are against capital punishment argue that it has not had
the deterrent effect envisaged. For example, in U.S.A. crimes have increased
in the States where capital, punishment has been retained while crimes
have decreased in the State where it has been abolished. In England, capital
punishment has been recently abolished and the results of the experiment
are said to be encouraging. It is further pointed out that crimes are very
often committed by normal persons under abnormal circumstances and
that it is not even certain that a murderer would repeat the murder again.
As Professor Henting puts, ‘I see in capital punishment, a means of
punishment whose advantages can be obtained by other means, and whose
disadvantages cannot be prevented in any other way than by abolishing it.’
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Another defect of capital punishment according to Professor Henting

is - no thinking person can claim our law of evidence and the law of
procedure is foolproof and always leads inevitably to the truth. Judicial
errors do occur, and once the death penalty is awarded and the person
hanged, it obviously cannot be revoked. It is to be noted in this connection
that there have been instances of execution of innocent men, and the true
murderer being subsequently caught. Thus, it would be better to save nine
murderers from the death penalty rather than let one innocent person be
executed. In view of the various factors mentioned above it is argued that
capital punishment being neither effective nor just should be abolished.
Arguments in favour of Capital Punishment:

The advocates of capital punishment on the other hand argue that
there are hardened criminals, incorrigible criminals in whom crime is an
ineradicable instinct and who are immensely dangerous to society. Such
dangerous elements should be removed altogether if the interests of the
community are to be served, runs the arguments.
Another argument put forth in favour of capital punishment is that
punishment by the State operates as substitute for private revenge. Thus, if
the murderer is not punished with death, the retributive indignation of the
relatives of the deceased is bound to rise to the surface, which could set off
a chain of murders. So long as the retributive vengeance remains, capital
punishment is a necessary evil. In conclusion, it may be said that while
there is a lot of truth in the arguments advocated by both sides, of capital
punishment is not an easy decision to make for any Government. However,
in view of the trend set by other countries and the encouraging result
emanating there from, it may be worthwhile to abolish capital punishment
as an experimental measure in India.
Present Position in India

The Supreme Court in Harnam v State of U.P. (1976) has observed:
‘The legislative history in regard to the criminal punishment shows
that there has been significant change in thinking and approach since
India became free. Prior to the amendment of Sec. 367(5) of the Criminal
Procedure Code in 1955, the normal rule was to impose sentence of death on
a person convicted for murder, and if a lesser sentence was to be imposed,
the Court was required to record reason in writing. But by Act 26 of 1995,
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the provision in Sec. 367 (5) was omitted with the result that the Court
became free to award either death sentences or life imprisonment and no
longer was death sentence the rule and life imprisonment the exception.
Then again a further progress was made by Sec. 353(3) of the Criminal
Procedure Code 1973. This Section provides that when the conviction is for
an offence punishable with death or in the alternative, with imprisonment
for life or imprisonment for a certain term of years, the judgment shall state
the reasons, for the sentence awarded and in the case of sentence of death,
the special reasons for such sentence.’
Recently in Bachan Singh v State of Punjab (1980), the Supreme Court
considered the question as to whether the death penalty prescribed for
some offences under the Indian Penal Code was constitutionally valid. The
Supreme Court held that 'the death penalty is constitutionally valid, and
does not constitute an unreasonable, cruel or unusual punishment. The
Supreme Court pointed out that the death penalty is to be imposed only
for special reasons and in the rarest of rare cases.’ Hence such provisions
cannot be said to be violative of Arts. 14,19 and 21 of the Constitution.
Wife burning tragedies

The Supreme Court has taken a strict and stern view of dowry
deaths and wife burning tragedies and has refused to commute sentence
imposed on such murderers. In Vasant Pawar v State of Maharashtra
(1980), the Supreme Court observed Wife burning tragedies are becoming
too frequent for the country to be complacent. Law must rise to the
challenge of shocking criminology, especially when helpless women are the
victims, and life crime is committed in the secrecy of the husband’s home.
In India there was one case in which sentence of death was compulsory. Sec.
303 had provided that if a murder is committed by a person, who is already
undergoing a sentence of life imprisonment, he would have to be punished
with death. However, Sec. 303 was struck down by the Supreme Court in
Muttu v State of Punjab (1983) as being unconstitutional i.e., violative of
Arts. 14 and 21. As a result to this decision even in the case of a life convict
committing murder, judicial discretion is to be exercised by the Court.
In State of UP vs M.K. Anthony 1985, the accused killed his ailing wife
as he could not provide the money for her operation. He also killed his
two children, as there would be no one to care for them after the mother.
However, the crime was committed out of poverty, and not for lust,
vengeance or gain. In these circumstances the Supreme Court held that life
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imprisonment, and not capital punishment was the appropriate sentence.

Commutation of Sentences: Sec. 54 and Sec. 55 : The appropriate
Government may without the consent of the offender commute
(i) a sentence of death for any other punishment,
(ii) a sentence of imprisonment for life, or other kind of imprisonment for
not more than 14 years.
Appropriate Government means:
(i) In case a death sentence or a sentence is for an offence againt any law
relating to a matter to which the executive power of the Union extends,
the Central Government.
(ii) In a case where any sentence is for an offence against any law relating
to a matter to which the executive power of the state extends - the
Government of the State within which the offender is sentenced.
Sec. 60. Imprisonment may be simple, or rigorous, or partly rigorous
and partly simple.
(i) While the maximum period of imprisonment that can be awarded for
an offence is 14 years, the lowest that can be awarded is one day’s
simple imprisonment.
(ii) In two cases viz. Secs. 397 and 398, the minimum imprisonment is laid
down, i.e. 7 years for causing hurt or grievous hurt in the course of
committing robbery or dacoity.
(iii) Rigorous imprisonment is mandatory in two cases:
(a) Giving or fabricating false evidence with intent to procure
convictions of capital offences, Sec. 194.
(b) House trespass to commit an offence punishable with death, Sec.
449.
(iv) There are some offences which are punishable with simple
imprisonment only.
(a) Refusing to take oath, Sec. 178.
(b) Disobedience to an order duly promulgated by a Public Servant,
Sec. 118.
(c) Wrongful restraint, Sec. 341.
(d) Defamation, Sec. 500.
(e) Misconduct by a drunken person, Sec. 510.
176
Imprisonment, if properly utilised, may serve all purposes underlying

the various theories of punishment. It may be deterrent by demonstrating
to the world at large that crime does not pay; it may be preventive in the
sense of disabling the offender from repeating the crime at least for some
time, and it might if properly utilised help in reforming and re-educating
the offender.
Solitary confinement: Sec. 73: Whenever any person is convicted of an
offence for which under the Code the Court has power to sentence him
to rigorous imprisonment, the Court may, by its sentence, order that the
offender shall be kept in solitary confinement for any portion or portions of
the imprisonment to which he is sentenced, not exceeding 3 months on the
whole, according to the following scale, i.e.
(i) a time not exceeding one month if the term of imprisonment shall not
exceed 6 months.
(ii) a time not exceeding 3 months if the term of imprisonment shall exceed
6 months and shall not exceed one year.
(iii) a time not exceeding 3 months if the term of imprisonment shall exceed
one year.
Limit of Solitary Confinement: Sec. 74 provides that such confinement
should not exceed 14 days at a time with intervals of at least 14 days between
any two periods of solitary confinement. If, however, the substantive
exceeds three month imprisonment, solitary confinement cannot exceed 7
days a month, with an interva1 of at least 7 days between any two periods
of such confinement. Other important points to be noted in this regard are:
(i) Where imprisonment is not part of the substantive sentence, solitary
confinement cannot be awarded. So also this punishment cannot be
imposed as a part of imprisonment in lieu of fine.
(ii) As the Court can impose solitary confinement for any portion or portions
of the substantive sentence, an imposition of solitary confinement for
the whole term of imprisonment (even if such whole term is 14 days) is
illegal.
(iii) Solitary confinement can be awarded even if the case is tried summarily.
(iv) Solitary confinement is a separate punishment. A person who is
awarded a death sentence cannot be kept in solitary confinement.
In India solitary confinement, which denotes seclusion of the prisoner
both from the sight of and communication with other prisoners, is awarded
177
in rare cases. It is reserved for exceptional cases of inhuman brutality or

extreme atrocity.
Forfeiture of property as a form of punishment is now abolished except
in the cases of offences under Secs.126, 127 and l69.
Sec 126: Committing depredation on territories of a power at peace
with the Government of India, attracts the punishment of forfeiture of
property used or intended to be used in committing such depredation or
required by such depredation.
Sec. 127: Whoever knowingly receives property taken as above
mentioned or by waging war against an Asiatic Power at peace with the
State forfeits such property.
Sec. 169: A public servant who unlawfully purchases property, which
by virtue of his office he is legally prohibited from purchasing such property.
Imprisonment for life: A sentence for imprisonment for life means a sentence
for the entire life of the prisoner unless the appropriate Government chooses
to exercise its discretion to remit part of the sentence. The appropriate
Government cannot be compelled to exercise this discretion. An accused
can be legally kept in prison for life.
Amount of Fine – Sec. 63: Where no sum is expressed to which a fine
may extend, the amount of fine to which the offender is liable is unlimited
but shall not be excessive.
In such cases, the fine should be fixed, looking to the nature of offence,
circumstances of the case and the accused.
Sec. 64: Sentence of imprisonment for non-payment of fine:
(i) In every case of an offence punishable with imprisonment as well
as fine, in which the offender is sentenced to a fine with or without
imprisonment, and
(ii) In every case of an offence punishable with imprisonment or fine, or
with fine alone in which the offender is sentenced to a fine; the Court
may direct that in default of payment of fine, the offender shall suffer
imprisonment for a certain term over and above any imprisonment to
which he may have been sentenced, or to which he may be liable under
a commutation of sentence.
There are many offences under the Code punishable with fine only: i.e.
178
(i) A person in charge of a vessel negligently allowing a deserter to conceal

himself. (Sec. 137).
(ii) An owner or occupier of land on which a riot is committed not using
means to prevent it. (Sec. 154).
(iii) Bribery by treating a person to drinks, etc. (Sec. 171 E)
(iv) False statements in connection with an election.
(v) Failure to keep election accounts.
(vi) Committing public nuisance.
All these offences are punishable with fine only. In case of default of
payment of fine, in case such an offence is committed by a person, he may
be sentenced to imprisonment in lieu thereof.
A question which arises when a person is sentenced to pay a fine and
cannot pay it is “what is the limit of imprisonment that is to be awarded
and according to what scale?” Secs. 65-70 lay down certain rules in this
regard which are detailed below.
Sec. 65 (i): If the offence is punishable with imprisonment as well as
fine, then imprisonment in default of fine cannot exceed one-fourth of the
term of imprisonment fixed for the offence. For example Z is convicted of
theft and sentenced to 6 month imprisonment and a fine of Rs. 400. The
imprisonment fixed for theft is 3 years. Thus the imprisonment that can
be awarded to him in case of non-payment of fine is 9 months. This does
not mean that 9 months must be awarded, and term upto 9 months can be
awarded.
Sec. 67(ii): The offence may be punishable with fine only. ln such cases,
the imprisonment in default of payment of fine would be:
(i) 2 months when the fine does not exceed Rs. 50.
(ii) 4 months when the fine does not exceed Rs. 100.
(iii) Any term not exceeding 6 months in any other case.
(iv) Imprisonment in these three cases is to be simple imprisonment only.
Imprisonment to determinate payment of fine - Secs. 68/69:
imprisonment in default of payment of fine as soon as the fine is paid. If
a proportional part of the fine is paid, proportional imprisonment would
have to be undergone.
Thus, if A is sentenced to a fine of Rs. 100 and to four month's
imprisonment in default of payment, and Rs. 75 is paid before the expiry
179
of one month of the imprisonment, A will be discharged as soon as the

first month has expired. If seventy-five rupees be paid or levied at the time
of the expiration of first month, or at any later time while A continues
imprisonment, A will be immediately discharged. If fifty rupees of the fine
be paid or levied before the expiration of two months of the imprisonment,
A will be discharged as soon as the two months are completed. If fifty
rupees is to be paid or levied at the time of the expiration of those two
months, or at any later time while A continues in imprisonment, A will be
immediately discharged.
Section 70: Fine leviable within six years, or during imprisonment.
Death not to discharge property from liability: The fine or any part
thereof which remains unpaid may be levied at any time –
(i) within six years after the passing of the sentences, or
(ii) before the expiry of imprisonment, whichever is later.
Further, the death of the offender does not discharge his property from
liability.
Modern Punishments in India

Punishment is the suffering of person or property, inflicted on the
offender under the sanction of law. It is the retribution due for violation of
the rules of society, which are made for its preservation and peace and the
infraction of which is a crime. As indicated before, the Indian Penal Code
measures the gravity of the violation by the seriousness of the crime and
its general effect upon public tranquility. The measure of guilt is, therefore,
the measure of punishment. It is notorious than the Indian Penal Code is
Draconian in its severity as regards punishment. The reformist thinkers now
think that the object of punishment ought to be reformative and preventive.
According to them the object of the punishment ought to be to reform and
redeem the criminal. The latter should be treated as a patient suffering
from a disease of the mind and body and prisons should be converted
as hospitals. Death sentence has no place in criminal law in the theory of
reformists as it takes away all chances of reforming the criminal for ever.
But then this theory has not yet gained acceptance in all civilized countries.
United Kingdom has not yet fully accepted it although it is now imposed
there only for treason, piracy with violence and setting fire to Her Majesty’s
ships. In short, death sentence has practically been eliminated as a penalty
in peace time in England. Death penalty has been suspended for some time
180
by the Murder (Abolition of Death Penalty) Act, 1965 in England. It is true

that in some States of the United States of America it has been abolished
but the measure has not yet been accepted by the majority of the States. In
the former Native States of Travancore and Cochin, death sentence stood
abolished for some years but with the integration of the two States and their
forming as integral parts of the Indian Union, death sentence has again been
restored as a result of the adoption of the Indian Penal Code throughout the
length and breadth of the territories of the Indian Union.
The following punishments are prescribed under Section 53 of the
I.P.C. in Chapter III.
S. 53 “The punishments to which the offenders are liable under the
provisions of this Code are:
Firstly: Death
Secondly: Imprisonment for life.
Thirdly: Penal Servitude–which was repealed by the criminal law
(Removal of Racial Discriminations Act 1949 17 to 1949)
Fourthly: Imprisonment which is of two descriptions namely:
(1) Rigorous, that is, with hard labour.
(2) Simple,
Fifthly: Forfeiture of property.
Sixthly: Fine.”
It may be pointed out here that of the existing four forms of punishment,
viz. Death, Imprisonment, Forfeiture of property and Fine, the first two
concern the body of the offender, while the latter two concern his wealth
property.
In the pending Indian Penal Code Amendment Bill, S. 53, I.P.C. is
proposed to be amended as follows:
S. 53: “Punishments - The punishments which may be imposed on
conviction for any offence are:
(i) death;
(ii) imprisonment for life which shall be rigorous, that is, with hard labour;
(iii) imprisonment for a term which may be -
(a) rigorous, that is, with hard labour, or
181
(b) simple, that is, with light labour;

(iv) community service;
(v) disqualification from holding office;
(vi) order for payment of compensation;
(vii) forfeiture of property;
(viii) fine;
(ix) public censure.”
The judge has got a wide discretion in the matter of inflicting
punishments of the offenders. The Court should maintain a proportion
between the offence and penalty and should inflict the maximum punishment
on every offender without any regard to the seriousness or otherwise of
the offence committed. While awarding punishment the judge should also
take into consideration the circumstances under which the offence was
committed and the fact whether the criminal was a first time offender or
a habitual offender. The sentence should not be disproportionate to the
gravity of the offence. Where a man has shown from his past conduct that
he intends to adopt a criminal career three things should be borne in mind
by the judge. Firstly, it is necessary to pass a sentence upon him which will
make him realise that a life of crime becomes increasingly hard and does
not apply. Secondly, the sentence should serve as a warning to others who
may be thinking of adopting a criminal career. Thirdly, the public must be
protected against people who show that they are going to ignore the rules
framed for the protection of the society.
Other forms of Punishment

The learned draftsmen of the Indian Penal Code considered and
rejected two other forms of punishment, viz. dismissal from office and
pillory or exhibition of the offender on a donkey. The former being purely
executive action was considered as falling outside the strict purview of the
trial judges and the latter was considered as not in keeping with refined
sentiments. Flogging is not in the list of punishments provided in the Code.
But in 1864, a Whipping Act was passed and introduced the sentence
of whipping or flogging for certain crimes. But very recently the Indian
Parliament has passed an Act completely repealing and removing from the
statute book, this barbarous mode of punishment. But under provisions of
the Criminal Procedure Code and certain other penal statues, punishments
such as detention in a Borstal Institute or a Reformatory School (in the case
182
of juvenile offenders) and cancellation of Driving Licenses in the case of

guilty motor-drivers under Motor Vehicles Act (1939) are prescribed. Thus,
the list of punishments mentioned in Section 53 is not exhaustive.
Death Sentence
The sentence of death is the extreme penalty of law and naturally stands
in the forefront of the category of punishments. The question whether the
State has the right to take away a man’s life which is not within anybody’s
power on earth to give, has never been settled between the jurist and the
moralist. Reformists are always of the view that it is barbarous relic of the
past when the primitive idea of vengeance underlying the expression “tooth
for tooth” or “life for life” was prevalent. On the other hand State authorities
are of the view that the retention of the death sentence in the statue books
alone deters criminals from doing most heinous act and enables the State
authorities to maintain law and order in the land. Respect for human life is
maintained in society by taking away forcibly by law the life of one who has
wilfully murdered another.
Indian law
Under the Indian Penal Code death sentence is prescribed in the
following six cases:
1. Treason waging war against the Governing (S. 121) and for abetment
of mutiny (S. 132);
2. Perjury resulting in conviction and death of an innocent person (S.
194);
3. Murder (Section 302 and 303);
4. Abetment of suicide of a minor or an insane person (Section 305);
5. Attempted murder by life convicts (Sec. 307, Cl. 2);
6. Dacoity with murder (Sec. 396).
When incorporating this extreme penalty of law in the Indian Penal
Code the draftsman said that is ought to be used only very sparingly. It
is provided by the Code of Criminal Procedure that “when any person
is sentenced to death, the sentence shall direct that he be hanged by neck
till he is dead” [S.354(5), Cr. P.C.]. So also when the accused is sentenced
to death by a Sessions Judge, such judge shall further inform him of the
period within which, if he wishes to appeal, his appeal should be preferred.
“Again the sentence of death can be executed only after confirmation by the
183
High Court (S. 366). If a woman, sentenced to death is found to be pregnant

the High Court shall order the execution of the sentence to be postponed,
and may, if is thinks fit, substitute the sentence to imprisonment for life (S.
416, Cr. P.C.).
Under Artic1e 134(1) (a), (b) and (c) of the Indian Constitution an
appeal lies to the Supreme Court (1) if the High Court reverses the decision
of acquittal of the accused person and sentences him to death, or (2) if the
High Court has withdrawn for trial before itself any case from any court
subordinate to its authority and has in such trial convicted the accused
person and sentenced him to death, and (3) if the High Court certifies that
the case is a fit one for appeal to the Supreme Court. The third clause is
a general clause applicable to all criminal appeals. Under Clause 1(a) an
appeal would lie to the Supreme Court if a Sessions Judge; acquits the
accused of murder, Government takes and appeals to the High Court
and the latter Court sets aside the order of acquittal and sentences him to
death. Under S. 54, I.P.C. the appropriate Government has got the power to
commute the death sentence even against the consent of the offender.
Commutation of Sentence of Imprisonment for Life

Under Section 55, “In every case in which a sentence of imprisonment
for life shall have been passed, the appropriate government may, without
the consent of the offender, commute the punishment for imprisonment
of either description for a term not exceeding fourteen years.”
S. 55 – A: “In Section 54 and 55 the expression “appropriate Government”
means:
(a) In cases where the sentence is a sentence of death or is for an offence
against any law relating to a matter to which the executive power of
the Union extends, the Central Government; and
(b) In cases where the sentence (whether death or not) is for an offence
against any law relating to a matter to which the executive power of the
State extends, the government of the State within which the offender is
sentenced.”
In India, although the punishment of transportation beyond British
India, was provided in original I.P.C. now it stands repealed by the
Amendment Act 26 of 1955 by which the words “imprisonment for life”
have been substituted for the words “transportation for a term exceeding
seven years.” Thus the sentence of transportation is now repealed by
various periods of imprisonment by this Amendment Act.
184
In Section 57 it provided that convicts undergoing imprisonment

for life may be granted remission for good conduct and for the purpose
of calculating remission in the case of life sentences, they are treated as
sentences of 20 years. So also in cases where a person is convicted of rigorous
imprisonment it should not exceed 14 years. This is clear from Section 55,
I.P.C. and S. 31(2), proviso (a) of the Criminal Procedure Code where it is
said that “in no case shall such a person be sentenced to imprisonment for
a longer period than fourteen years.
These sections gave rise to a wrong impression that a sentence of
imprisonment for life meant only 20 years maximum period of imprisonment
and where a convicted person is not sent to a place beyond the seas, and
is kept in any jail in India his sentence should be deemed to have been
commuted to one of rigorous imprisonment. The real position was made
clear by the Privy Council in its decision in the case of Pandit Kishore Lal
(Appellant) v. The King Emperor (1945 I.L.R. Vol. 26, p. 325).
In this case appellant was sentenced to transportation for life on 7th
October, 1930 for offences of waging war against the King and of murder
under Section 121 and 302, Indian Penal Code. Although he was sentenced
to transportation for life, he was not sent to Andamans as the Punjab
Government found his health unsuitable for transportation to that place
and he was eventually imprisoned in the central jail at Lahore. But there
was no definite order by the Government commuting his sentence of
transportation to one of imprisonment under Section 55, I.P.C. By the first
of July, 1943 the appellant had earned remission and if the time thus earned
were added to the terms actually served by him the aggregate would have
exceeded 14 years but would not have exceeded 20 years. An application
was moved before the Lahore High Court, for an order in the nature of the
writ habeas corpus claiming that the appellant had served his sentence and
was entitled to be released. The application was rejected by the High Court
and that order of rejection was affirmed in appeal by the Privy Council.
The appellant’s main contention was that as he has all along been subject
to rigorous imprisonment he cannot be made to serve longer than a term,
which aggregate with the period of remission earned amounts to 14 years,
that being the maximum term of rigorous imprisonment permitted by
law. He also contended that the Government by causing him to be dead
within the same manner as if sentence to rigorous imprisonment must be
deemed to have commuted his sentence under Section 55, I.P.C. But the
Privy Council held (1) that a Provincial Government is made to serve his
185
sentence as one of rigorous imprisonment is not as of right entitled to a

remission of sentence usually granted to persons who are sentenced by a
Court to rigorous imprisonment or to transportation. Held further that a
convict sentenced for life is not as of right entitled to have his sentences
treated as one for 20 years and is not entitled as of right to remission.
The Supreme Court of India in the case of G.V. Gosev v. State of
Maharashtra (AIR. 1961 S.C. 600) (considering Ss. 53 and 57 of the Indian
Penal Code) held that there is no provision of law whereunder a sentence
of life imprisonment, without any formal expression by appropriate
Government, can be automatically treated as one for a definite period.
Only Section 57 does not say that transportation for life shall be deemed
to be transportation for twenty years for all purposes, nor does the
amended section, which substituted the word “imprisonment for life”
for transportation for life, enables the drawing of any such all-embracing
fiction. A sentence of transportation for life or imprisonment for life must
prima facie be treated as transportation or imprisonment for the whole of
the remaining period of the convicted person’s natural life.
In this case the accused, who was involved in the Mahatma Gandhi
murder case, had been convicted for life imprisonment for his complicity in
the crime. The Government alone can remit sentence, and remission earned
by the convict under the jail rules was held of no avail so far as the convict
is concerned. The ruling in Godse’s case was reaffirmed by the Supreme
Court in State of M.P.v. Ratan Singh (1976 Cr. L.J. 1192). In this case the
accused has been prosecuted and punished by a Madhya Pradesh court
and was convicted to undergo a life sentence. The accused who belonged
to the State of Punjab made a request for his transfer to the Punjab Jail from
where he sought to be released on the expiry of twenty years on the basis
of the rules framed under the Prisons Act and the Jail Manual. The Punjab
and Haryana High Court had allowed the writ of the respondent for his
release. The State of Madhya Pradesh challenged the correctness of the
decision. The Court reiterated its earlier view that a sentence for life would
ensure till the lifetime of the accused as it is not possible to fix a particular
period of the prisoner’s death. The references to the expression “sentence
for life” as being for a definite period under the rules and regulations are
administrative directions which cannot substitute the provisions of the
Indian Penal Code. A review of the authorities and the statutory provisions
had led the following propositions to emerge:
186
1. A sentence of imprisonment for life does not automatically expire at

the end of twenty years.
2. The remissions granted under the rules framed under various Jail
Manuals or Prison Act are mere direction for administration of jails
and prisoners, and cannot thus supersede the statutory provision of
the Code.
3. A sentence of imprisonment for life means a sentence for the entire life
of the prisoner unless the appropriate government chooses to exercise
its discretion to remit either the whole or a part of the sentence.
4. That the State where the prisoner has been convicted and sentenced
is alone empowered to exercise the discretion in the remission of the
sentence (12 A.S.I.L. 315).
By the Criminal Procedure Code (Amendment) Act 1978, Parliament
inserted Section 433-A; in the Criminal Procedure Code, 1973 which made
a full fourteen year term of imprisonment mandatory for two classes of
prisoners sentenced to life imprisonment viz. (1) those who could (for the
offences committed) be also punished to death, (2) who were sentenced to
death but whose sentence was commuted to life imprisonment under S.
433. In Maru Ram v. Union of India (A.I.R. 1980 SC 21471 1981(1) S.C.C.
106) the Supreme Court held valid the above Section 433-A, rejecting the
challenge under Article 20 (1) of the Constitution. The Court also held
that it is not violative of Art, 14 on the ground that it does not distinguish
between the prisoner who may be reformed and those who may not be
reformed. The Court said that the four main objects of punishment are
deterrence, prevention, retribution and reformation. In its deterrent aspect
punishment is calculated to act as warning to others against indulgence in
the anti-social act for which it is vested. It acts as a preventive because the
incarceration of the offender, while it lasts, makes it impossible for him to
repeat the offending act. His transformation into a law abiding citizen is,
of course, another object of penal legislation; but so is retribution which
is also described as a symbol of social condemnation and a vindication of
law. A careful study of the penal law prevalent in the country especially in
Indian Penal Code brings out clearly that the severity of each punishment
sanctioned by law is directly proportional to the seriousness of the offence
for which it is awarded. Krishna Iyer J. said thus “We follow Godse’s case
to hold that imprisoment for life lasts until the last breath, and whatever
the length of remissions earned, the prisoner can claim release only if the
remaining sentence is remitted by Government”.
187
Anyhow the newly enacted law under S. 433-A of Cr. Pr. Code was to
have only prospective effect from December 18, 1978, when S. 433-A came
into force. Its application was also held subject to the prerogative right of
pardon of the President and Governors under Articles 72 and 161 of the
Constitution.
In Ashoka Kumar v. Union of India (AIR 1991 SC 1792) (1991-Cr. L.J.
2483) the Supreme Court has held that Section 433-A, Criminal Procedure
Code is mandatory in that a life convict is not entitled to release unless he
has completed 14 years of imprisonment. But the power of pardon vested in
the President and Governor is above S. 433-A and is not limited by 14 years
rule of imprisonment.
Substitution of S. 57, I.P.C. by S. 433-A of Criminal Procedure Code

“Provided that where a sentence of imprisonment for life is imposed
on conviction of a person for a capital offence or where a sentence of death
imposed on a person has been commuted into one of imprisonment for life,
such person shall not be released from prison unless he has served at least
fourteen years of imprisonment.”
A case in which the Delhi High Court recommended to Government
for substantial remission or commutaticn of sentence is that of Gurdeep
Bagga (Gurdeep Bagga v. State (1986) Cr. L.J. 896).
The deceased was the manager of a gas agency. The accused, who knew
the deceased, wanted his Burshane Cylinder to be exchanged for Indane
Gas Cylinder. The deceased promised to exchange of cylinder and he took
away Burshane cylinder with the promise to supply the Indane cylinder
on the next day. In spite of repeated visits and requests of the accused the
deceased did not supply the Indane gas cylinder. The deceased one day
asked the accused to get the cylinder as it was available. Thereafter, the
accused sought the help of two persons, one of them being a Sub Inspector
but he was, again, not successful. The accused lost his patience and killed the
deceased. The act was completely out of utter desperation while deprived
of self-control. The accused was a young man, with a good background and
he had no criminal record.
Held, that the age of the accused, his good background, as well as the fact
that he had no criminal history and the crime was committed in exceptional
circumstances, out of utter desperation while deprived of self control,
were all mitigating circumstances which warranted a recommendation by
188
the High Court to the Government to exercise its power of reprieve and
substantially remit or commute the sentence of life imprisonment passed
against the accused. The Young life of this accused did not deserve to be
passed within the four walls of a jail and the case was a fit one to be referred
to the Government for remission or commutation of the sentence passed
against the accused.
The sentence of imprisonment for life figures more largely than death
penalty. It is the maximum sentence prescribed for the following offences:
1. S. 121: Waging war (alternative with death).
2. S. 121-A: Conspiracy against the State
3. S 122: Collection of arms, etc., with the intention of waging war against
the State.
4. 124-A: Sedition.
5. S.125: Waging war against any Asiatic power.
6. S.128: Public servant allowing prisoner of State or war in his custody to
escape.
7. S.120: Aiding, etc. of such escaped prisoner.
8. S. 131 Abetment of mutiny.
9. S.132: Abetment of mutiny if it is committed in consequence (alternative
with death).
10. S.194: Perjury in a capital crime
11. S.195: Perjury in a crime punishable with imprisonment for life.
12. S.225: Resistance to apprehension of a convict sentenced to death.
13. S.225-A: Omission to apprehend or suffernace of escape on part of
public servant in certain cases.
14. S.232: Counterfeiting coin.
15. S.238: Import or export of counterfeit coin.
16. S. 225: Counterfeiting Government stamps.
17. S. 302: Murder (alternative with death).
18. S. 304: Culpable homicide.
19. S. 305: Abetment of suicide by a minor or insane person (alternative
with death).
189
20. S. 307: Attempted murder with hurt.

21. S. 311: Being a thug.
22. S. 313: Causing miscarriage with woman’s consent.
23. S. 314: Causing miscarriage while the woman dies.
24. S. 315: Abortion.
25. S. 326: Causing grievous hurt by a dangerous weapon.
26. S. 329: Causing grievous hurt for extortion.
27. S. 364: Kidnapping and abduction in order to murder.
28. S. 371: Trade in slaves.
29. S. 376: Rape.
30. S. 377: Unnatural offence.
31. S. 388 Extortion by threat of unnatural offence.
32. S. 389: Intimidation by threat of accusation of unnatural offence.
33. S. 394: Robbery with hurt.
34. S. 396: Murder in dacoity (alternative with death).
35. S. 400: Belonging to a dacoit gang.
36. S. 409: Criminal Breach of Trust by public servant, banker, merchant,
agent, etc.
37. S. 412: Receiving property stolen in dacoity.
38. S. 413: Trade in stolen property.
39. S. 436: Mischief by fire to destroy a house, etc.
40. S. 437: Mischief by fire with intent to destroy vessels, etc.
41. S. 449: House trespass to commit an offence punishable with death.
42. S. 459: Grievous hurt caused whilst committing lurking house trespass.
43. S. 460: Death or grievous hurt by a confederate concerned in house
breaking.
44. S. 467: Forgery of a valuable security, etc.
45. S. 472: Manufacturing seal with intent to commit forgery.
46. S. 474: Possession of a forged security, etc.
47. S.475: Counterfeiting device or mark for forgery, etc.
190
48. S. 477: Fraudulent tampering of a will, etc.

49. S.511: Certain attempts.
Imprisonment
Imprisonment is ordinary confinement of a person in a gaol or
penitentiary by way of punishment. But there need not be a particular cell
to constitute imprisonment. “It seems clear that any place, whatsoever,
wherein a person under a lawful arrest for a supposed crime is restrained
of his liberty - whether it is the stocks at the street or in the common gaol,
or in the house of a constable or private person .... is properly prison, for
imprisonment is nothing else but a restraint of liberty.” (2 hawk P.C. 18
S 4.) A man can be imprisoned in his own house if he is not permitted to
go outside, imprisonment “till the rising of the Court” was held to be true
imprisonment in Muthu Nadar’s Case (I.L.R. 1945 Madras 529).
Imprisonment is of two kinds; rigorous and simple, under the former
the prisoner is subjected to hard labour such as the breaking of metal,
crushing of grain and pressing of oil, etc., while lighter work or no work at
all is given to the latter subjected to mere simple imprisonment.
The Code prescribes that rigorous imprisonment should be awarded
to the offenders in the following two classes of cases:
1. Offences of giving or fabricating false evidence with intent to procure
conviction for an offence which considered as capital by the Code
(Section 194).
2. House trespass in order to commit an offence punishable with death
(Section 449). Also robbery cases Ss. 392 to 396, 399 to 402.
Only simple imprisonment is prescribed in the cases of the following
offences:
1. S. 168: Public servant unlawfully engaging in trade.
2. S: 169: Public servant unlawfully buying or bidding for property.
3. Ss. 172 and 173: Evasion of summons.
4. S. 174: Failure to attend on summons order.
5. S. 175 : Failure to produce document.
6. S. 176 : Failure to give information.
7. 177 : Failure to render assistance.
8. S. 178: Refusal to take oath.
191
9. S. 179: Refusal to answer questions.

10. S. 180: Refusal to answer questions.
11. S. 188 : Disobedience of legal order.
12. S. 233 : Escape from confinement through negligence of a public
servant.
13. S.225-A (b): To apprehend, etc., negligent omission.
14. S. 228 : Interruption of judicial proceedings.
15. S. 291: Continuance of nuisance after injunction to discontinue.
16. S. 341: Wrongful restraint.
17. Ss. 500, 501 and 502: Defamation and knowingly printing or selling
defamatory matter.
18. S. 509: Indecent behaviour.
19. S.510: Misconduct by a drunken person.
The following minimum sentences were fixed for the following grave
offences:
1. Where at the time of committing robbery or dacoity the offender uses
any deadly weapon or causes grievous hurt to any person {Seven years
(Section 397, l.P.C.).
2. Where at the time of committing robbery or dacoity, the offender is
armed with any deadly weapon [S.398 9 years].
In all other cases the Code fixes no minimum sentence. We have
already seen that the maximum sentence for a single offence is 14 years (S.
55). The lowest period named is twenty-four hours (S. 510, I.P.C) which is
for the misconduct by a drunken person in a public place.
Forfeiture of Property
Formerly conviction for serious offences meant the deprivations of the
property of the criminal along with his personal freedom. It was really an
added punishment on the relatives such as wife and children and others
who were dependent upon him and who were to inherit his property. This
was felt to be not consistent with the modern liberal principle of punishment
and hence absolute forfeiture of all property of the offender was abolished.
This was done by repealing the Sections 61 and 62 of the Indian Penal Code
[which dealt with forfeiture] by Act XIV of 1921.
Exceptions
There are, however, three offences for which the offender is liable to
forfeiture of specific property:
192
1. Whoever commits, or prepares to commit depredation on the territories

of any power at peace with the Government of India shall be liable, in
addition to their punishments, to forfeiture of any property used or
intended to be used in committing such depredation, or acquired by
such depredation (Section 126).
2. Whoever knowingly receives property taken as above mentioned or in
waging war against any Asiatic power at peace with the Government
of India shall forfeit such property (Section 127).
3. A public servant, who improperly purchases property which by the
virtue of his office, he is legally prohibited from purchasing, forfeits
property (S. 169).
Section 452 (1) of the Code of Criminal Procedure enables the Court “to
make such order as it thinks fit for the disposal of any property or document
produced before it or in its custody, or regarding which any offence appears
to have been committed or which has been used for the commission of any
offence.”
Fine
Fine is forfeiture of money by way of penalty. It was justified by the
Law Commissioner on the ground of its universality though they admitted
that its severity should be proportionate to the means of the offender since
the sentence, not only affected him but also his dependants.
As regards the imposition of fine as a sentence, the Code may be divided
into four parts: (i) Offences in which fine is the sole punishment and its
amount is limited; (ii) offences in which fine is an alternative punishment,
but its amount is limited; (iii) offences in which it is an additional imperative
punishment; but its amount is limited; and (iv) cases in which it is both
an imperative punishment and its amount is unlimited. A classification of
offences from this standpoint would at once show how the legislature has
carried out its express intention in affixing that sentence.
Thus in the following case: fine is the sole punishment, and except in
two cases, its amount is limited:
1. S. 137: Negligently suffering a deserter to conceal in a vessel - maximum
fine Rs. 500.
2. S.171-H: Illegal payment in connection with an election - Rs. 500.
3. S. 171-I: Failure to keep election accounts - Rs. 500.
193
4. S.278: Voluntarily vitiating the atmosphere so as to render it noxious to

the public health - Rs. 500
5. S. 283: Obstructing a public way or line of navigation - Rs. 200.
6. S. 294: Publication of a proposal regarding lottery without Government
sanction - Rs. 100.
7. S. 155: Criminal responsibility for riot held on one’s land - maximum
fine Rs. 500.
8. S. 154: Liability of person for whose benefit riot is committed - unlimited
fine.
9. S. 157: Liability of agent of such person - unlimited fine.
The second and third classes comprise by far the largest number of
offences in the Code. Lastly, come those heinous cases in which the fine is
both compulsory and unlimited, such are the following:
1. S. 123: Concealment of conspiracy to wage war against the Government
of India.
2. S. 124: Assault on President, or Governor with intent to compel or
restrain the exercise of any lawful power.
3. S. 126: Depredation on the territories of a friendly power.
4. S. 127: Taking property in such depredation.
5. Ss. 128 and 129: Public servant either negligently or voluntarily
allowing escape of State prisoner or prisoner of war.
6. S. 130: Aiding, etc., escape of such prisoner.
7. S. 131 and 132: Abetment of mutiny.
8. S. 133: Assault by a subordinate on a superior officer.
9. S. 134: Abetment of above.
10. S. 380: Theft in a dwelling house, etc.
11. S. 444: Lurking house trespass by night.
12. S. 475: Counterfeiting a device or mark for authenticating documents.
The sentence of fine should be imposed upon persons individually and
not collectively on prisoners is essential.
Imprisonment in default of Payment of Fine

Section 64, I.P.C. confers the general power on Court to award the
sentence of imprisonment in default of fine. It contemplates cases where
194
the offence is punishable with:

a) Imprisonment with fine, or
b) Imprisonment or fine, or
c) Fine only and the offender is sentenced to
1. Imprisonment, or
2. Fine, or
3. Both.
The Court may sentence the offender to a term of imprisonment in
default of fine. It should also be noted that this Section 64 is applicable not
only to offences under the Indian Penal Code, but also to offences under
Local and Special laws (Section 40). Thus the section applies to the offenders
of Municipal Corporation Acts, Gambling Act and other Penal Acts which
provide sentences of imprisonment in default of the payment of fine.
The following rules regulate the character and duration of the sentence
of imprisonment in default of fine:
1. When an offender is sentenced to a fine, the Court may direct that the
offender shall, in default of payment suffer a term of imprisonment,
which imprisonment may be in excess of any other imprisonment to
which he may have been sentenced for the offence, or to which he may
be liable under a commutation of a sentence (Section 64).
2. When the offence is punishable with imprisonment as well as fine, the
imprisonment in default of payment of fine shall not exceed 1/4 of
the term of imprisonment which is the maximum fixed for the offence
(Section 65); such extra imprisonment may be of any description to
which the offender might have been sentenced for the offence (S.66).
3. When the offence is punishable with fine only.
The imprisonment in default of payment of fine shall be simple and
according to the following scales:
Forfine Imprisonment
1- Rs.50 or less 2 months or less
2- Rs. 100 or less 4 months or less
4- Above that sum 6 Months or less (S. 67)
4. Such imprisonment shall terminate whenever the fine is either paid or
levied by process of law [Section 63]. A proportional payment or levying
office causes a proportional reduction of the term of imprisonment
[Section 69].
195
Illustration
A is sentenced to a fine of Rs. 100 and to 4 months' imprisonment in
default of payment. If Rs. 75 of the fine be paid or levied before the expiration
of one month of the imprisonment, A will be discharged as soon the first
month has expired. If Rs. 75 be paid or levied at the time of the expiration
of the first month, or at any later time while A continues in imprisonment,
A will be immediately discharged.
It should be remembered that imprisonment in default is not a
substitute for the payment of fine. It is a punishment for default and not
for the offence committed. So, if a person is fined Rs. 50 and in default
undergoes imprisonment for two months, he is not thereby exonerated from
paying the fine, which shall be realised from him by distress and sales of
his property, notwithstanding the fact that he suffered jail for two months.
Under Section 35 the maximum is fixed as one-fourth of the term of
imprisonment, so that it may not be exceeded. Where for instance, in a case
of assault under Section 352, the offender was fined Rs. 50, he could not be
sentenced to a month’s imprisonment for that period would exceed one
fourth of the maximum period of three months imprisonment prescribed
for the offence.
The following examples would further illustrate the application of
these sections:
1. The punishment prescribed for criminal trespass (Section 447) is
imprisonment not exceeding a term of three months or five which may
extend to Rs. 500 or both. A person convicted of this offence may be
sentenced to pay fine and in the alternative to undergo imprisonment
not exceeding three-fourth of a month ; for the maximum period for
which imprisonment can be awarded as substantive sentence is only
three months. Of course the Court can rightly sentence him for two
months and fine of Rs. 400 and in the alternative three-fourth of a
month imprisonment. The total period of imprisonment should not
exceed three months, the maximum prescribed for the offence.
2. A person convicted of criminal conspiracy under Section 120-B, (clause
2) may be sentenced to six months’ imprisonment alone or he may
be sentenced to a fine of Rs. 500 alone, or he may be sentenced to
imprisonment for four months and a fine of Rs. 100 and in default one
month more. Even when he is sentenced to pay a fine of Rs. 500 he may
be directed to undergo imprisonment for a period of one month when
196
he defaults to pay the fine. So also when the offender is sentenced to

four months imprisonment and a fine of Rs. 500, it may further be
directed that on default of the payment of fine he should undergo
imprisonment for a further period of one month.
3. In the case of offences punishable with both imprisonment and fine,
additional period of imprisonments can be given on default of the
payment of fine. For example the maximum punishment prescribed for
giving false evidence under Section 193 is seven years’ imprisonment
of either description or fine. In the case of a person convicted under this
section the Court may award a sentence of two years’, imprisonment
and a fine of Rs. 500 and a further period of imprisonment for three
months on default of payment of fine. But the court could not award a
further period of twenty two months on non-payment of fine. But the
Court could not award a further period of twenty two months on non-
payment of fine for it would exceed one fourth of the maximum term
of imprisonment prescribed for the offence, viz., 7 years (84 months),
one-fourth of which is only 21 months. Hence the alternative period of
imprisonment for non-payment of fine should not exceed 21 months.
4. It should be noted that Section 67 and the scales mentioned therein
are only applicable to offences, which are punishable with fine alone
and not to offences which are punishable with fine or imprisonment
which are covered by S. 65. For example the punishment prescribed for
conducting lottery (Section 294-A, para 2) is only a fine not exceeding
the maximum of Rs. 1,000. Suppose a person, found guilty of this
offence under Section 294-4 is sentenced to pay a fine of Rs. 800 and to
undergo rigorous imprisonment for 8 months in default of payment of
fine, the latter portion relating to rigorous imprisonment will be illegal
as being contrary to Section 67 under which the imprisonment can
only be simple not exceeding six months in any case.
Limitations for the levy of fine

The fine (or any unpaid part of it) may be levied at any time (i) within
six years after the passing of the sentence, or (ii) before the expiration of
the period of imprisonment if under the sentence, offender be liable to
imprisonment for a longer period of time than six years.
The death of the offender does not discharge from the liability any
property which would, after his death, be legally liable for his debts (Section
70).
197
An offender who has undergone full term of imprisonment inflicted in

default of payment of fine is still liable for the amount of fine. The Bombay
High Court has laid down that movable property of the offender can alone
be distraint and sold for the recovery of fine. But the Calcutta High Court
has held that a suit can be brought for recovery of the fine by the sale of
immovable property of the offender.
The bar of six years may save the property of the accused but not his
personal arrest. The liability of any sentence of imprisonment awarded in
default of payment of fine continues even after expiration of six years.
In Section 63, I.P.C. it is expressly enacted that “Where no sum is
expressed to which a fine may extend, the amount of fine to which the
offender is liable is unlimited, but shall not be excessive.” Consistent with
this rule, the Supreme Court of India reduced a fine of Rs. 42,300 imposed
upon one Adamji Umar Dalal for selling a few barrels of kerosene in black
market contrary to the provision of the Essential Supplies Temporary Powers
Act of 1946 (Adamji Umar Dalal 1952 S. 0. 14). Their Lordships said thus:
“In imposing a fine it is necessary to have much regard to the pecuniary
circumstances of the accused persons as to the character and magnitude of
the offence and where a substantial term of imprisonment is inflicted, an
excessive fine should not accompany except in exceptional cases. It seems
to us the due regard had not been paid to these considerations in these
cases and the zeal to crush the evil of black marketing and free the common
man from this plague has perturbed the judicial mind in the determination
of the measure of punishment.
Limits of Punishment
A man inflicting a series of blows upon another is strictly liable for
each of these blows but in such cases the whole series will be considered
as one main offence and will be punished accordingly. The law relating
contained in Section 71, I.P.C. which provides thus:
S. 71: “Where anything is an offence is made up of parts, any of which
parts is itself an offence the offender shall not be punished with punishments
of more than one of such of his offences, unless it be so expressly provided.
Where anything is an offence falling within two or more separate
definitions of any law in force for the time being which offences are defined
or punished, or
198
Where several acts, of which one or more than one would by itself,
or themselves constitute an offence, constitute when combined a different
offence the offender shall not be punished with a more severe punishment
than the court which tries him could award for any one of such offences.
This section provides for three contingencies:
1. Plurality of acts at Cl. (1)
2. Plurality of aspects at Cl. (2), and
3. The organic connection of acts with a result differing from the element.
1. Plurality of acts: Where a number of acts are committed, all of
which are offences both collective as well as individually, in
which case the author may be punished for any one of them or all
collectively but he cannot be punished for all the acts severally.
See Illustration (a) to S. 71.
2. Plurality of aspects : S. 71, Cl. (2) whereof such several acts they
not only individually constitute?
199
Chapter - VI
Correctional Administration in India

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200
Prison is a very old and universal form of penal institution which has
changed its structure, functions and objectives from time to time in keeping
with the growth of human civilization, social values and changing concept
of crime and punishment. Formerly, the concept of crime was under
the influence of blind forces of religion, superstition and demonology.
Punishments were naturally arbitrary and retributary in nature. In the
later half of the eighteenth century, Becarria, an important exponent of
the Classical School of Crime came onward with a rational explanation of
crime and punishment emphasizing that crime was based on the hedonistic
principle in which predetermination and free will were applied. Then in
the later part of the nineteenth century, the positive school appeared with
its eminent pioneer, Cesare Lombroso, who was the first man to emphasize
and direct the attention of the criminologists from the study of crimes to
criminals. The development of the criminological thoughts in the early 2oth
century was associated with the sociological schools and their components.
Edwin H. Sutherland propounded his theory of Differential association
to give an exhaustive account relating to central theme of the sociological
school maintaining that criminal behaviour would mandate from the same
process as other social behaviour.
We examine crime and all it lossly criminology. It is an elusive field,
not because it is a side issue in human affairs, but a central one, centrality
which we are always reluctant to admit because it makes us face things in
ourselves and between ourselves that we would rather not look at. Crime is
deeply ingrained in our tradition and although it changes its language, the
basic themes remain remarkably similar1.
The job of the theorist is to conceptualize a theoretical model by which
he can analyze a particular phenomenon. Since Donald Clemmer published
The Prison Community in 1940, penologists have analyzed the prison in
terms of a social system and the behavior of inmates in terms of the process
of prisonization. That is, a new inmate or “Fish” learns appropriate prison
behavior (based on the “inmate code”, not necessarily prison regulation)
from his peer group of other inmates2. That’s why sometimes prisons are
also addressed as crime universities.
1 Mohr, J.W. (1973) facts, Figures, Perceptions and Myths – Ways of Describing and
1, pp 40
2 Riley, Matilda W.(1963) Sociological Research N.Y. Harcourt, Brace and World, pp10
201
The main responsibility of the prisons is custody and security,

however rehabilitation is the prime concern of any penal institution now
a days. Rehabilitation is the best protection of society. During the period
of 1970-71 in Canada many changes were made and numerous others
are being implemented in order to enhance the chances of rehabilitation
like abolishing of numbers, uncensored correspondence for inmates with
families and friends, unless special reason or circumstances warrant such
action; direct and uncensored correspondence with the Solicitor General,
Members of Parliament and Commissioner; inmate grooming according to
society standards; and, pleasant coloured work and leisure clothes3.
Likewise, the concept of punishment was never static. Its objectives
also have undergone continuous changes with the alterations in ideas
relating to crime and criminals. A historical retrospect of the world penal
system reveals that the punishment has been justified on ground of
retribution, expiation, deterrence, reformation and rehabilitation.
Donald Clemmer thought that the discipline is the first and the highest
consideration of the prison4. Even if the main consideration of the prison
is not discipline, it must be admitted that all the relations between staff,
staff and inmates, and even between inmates, are coloured by positions on
discipline5. Thus, institutional offences and punishments can be perceived
as the bases of the relationships formed between the various groups of the
prison social system.
Originally, prisons were used as a place for the detention of persons
pending trial and non payment of debts. Later, it was meant for the
punishment for the law breakers. A retribution and deterrent philosophy
had been the underlying policy of prison administration. The prison
administration in India today aims at ensuring the return of an offender to
society as a well adjusted and self supporting individual. Reformation and
rehabilitation have been accepted as the ultimate objective of imprisonment.
It is now widely appreciated that protection of society can not be achieved
merely by detention unless the offender is corrected and reformed while in
prison by individualized treatment so that he may not have any difficulty
in assimilating himself with the mainstream of life, outside the prison.
3 Faguy P.A. (1973) “The Canadian Penal System of the Seventies” Address given to the
John Howard Society of Ontario Annual Meeting in Toronto on May 3, 1972, Canadian
Journal of Criminology and Corrections, Vol 15 No 1, pp 8
4 Clemmer, Donald (1940) The Prison Community, Boston, Christopher Publishing House,
pp 183
5 Sutherland E.H. and Cressey, D.R (1970) Criminology, N.Y. Rippincott, pp 507
202
The primary aim of institutional treatment being the resocialization of

the offender for the purpose of smooth re-settlement in the society, a special
attention needs to be paid to the criminal social milieu and total personality
of the offender where the real cause of his anti-social behavior is hidden.
The scientific diagnosis and appropriate treatment are basic constituents of
correctional programme. A well rounded correctional programme depends
upon a round classification and programme, planning on the basis of
complete case histories, adequate medical services, effective educational
programmes, diversified vocational trades, healthy recreation facilities,
functional building and well qualified trained staff.
Proper classification system and diversification of institutions are
considered to be very essential for smooth function of treatment programme.
The classification system is still in rudimentary stage in India. The question
of classification was first taken into account by the Indian Jails Committee
of 1877. The committee was unanimously in favour of separating the worst
class of offender i.e. habitual offenders from other prisoners. In 1884, the
Government of India issued orders defining “habitual offenders’. At this
stage, the aim of classification was the segregation of the worst class of
convicts. The Indian Jails Committee of 1919-20 recommended the provision
for separate jails for habitual prisoners. These recommendations were
largely implemented and constitute the present system of classification.
Diversification of institutions is an essential precondition for meeting
various correctional requirements of different groups. In Indian Jails,
proper diversification has not been possible due to several factors like
inadequate buildings, overcrowding, influx of short term prisoners, lack of
segregation facilities, insufficient staff and relevant public apathy towards
the improvement of prisons.
Education of prisoners is an important ingredient of institutional
treatment in prisons. It provides an important means of re-moulding their
character and behaviour and preparing them for better adjustment with
social environment. The concept of functional literacy, through instructions
is related to real life situation and background of learners, needs to be
developed in prisons. Constructive work and employment are essential
not only for securing their economic rehabilitation but they also have
therapeutic value in forming constructive habit and attitudes of prisoners
towards life. Punitive, repressive and afflictive work has no meaning in the
modern correctional system.
203
Training of prisoners in useful vocations and trades can not be

subordinated to production for financial profit. In developing vocational
training programmes for prisoners, community resources and potential
need to be properly mobilized. Effective coordination with outside
training institutions can bring beneficial results. Healthy and purposive
recreation through games, cultural programmes, literary activities can play
a constructive role in the reformation and personality reconstruction of
prisoners. It trains them for developing better adjustment with their groups
and social relationships. (Chattoraj, 1985)
Sometimes, amenities which have been recently introduced in jails
are generally confused with method of treatment. Amenities only act as
an effective means to humanise the institution by minimizing severity and
hardship. But the purpose of treatment is to change attitudes and habits
and to develop a powerful ego to face the challenges of life more effectively
in socially accepted ways.
The amenities already provided in Indian Jails include -
zz Interviews
zz Library
zz Newspaper
zz Letters
zz Radio and television
zz Liberal remissions
zz Variation in diets
zz Music
zz Educational films
zz Canteen
zz Smoking
zz Soap
zz Oil
zz Panchayat system
zz Outside employment
zz Home leave
zz Wages
zz Premature releases etc.
204
Prison Population Rates Abroad

Before discussing the correctional administration in India it is vital to
have a glance on the Prison Population Rate abroad –
S.No Country Prison Population Rate
(Per 100,000 of National Population
1 Afghanistan 44
2 Albania 159
3 Algeria 158
4 Argentina 154
5 Australia 129
6 Austria 99
7 Azerbaijan 229
8 Bahamas 407
9 Bahrain 95
10 Bangladesh 51
11 Belgium 93
12 Brazil 227
13 Bulgaria 144
14 Cambodia 79
15 Canada 116
16 Chile 315
17 China 119
18 Colombia 157
19 Cuba 531
20 Czech Republic 208
21 Denmark 63
22 Egypt 85
23 Fiji 106
24 Finland 67
25 France 96
26 Germany 90
27 Ghana 59
28 Greece 109
29 Guatemala 59
30 Guyana 272
31 Haiti 83
32 Hong Kong 143
33 Hungary 152
34 Iceland 44
35 Indonesia 58
36 Iran 222
205
37 Iraq 93
38 India 33
39 Ireland 85
40 Israel 325
41 Italy 97
42 Japan 63
43 Kenya 124
44 Kuwait 130
45 Malaysia 192
46 Mauritius 166
47 Mexico 207
48 Nepal 24
49 Netherlands 100
50 Nigeria 26
51 New Zealand 196
52 Norway 70
53 Pakistan 55
54 Panama 322
55 Peru 153
56 Philippines 108
57 Poland 225
58 Portugal 104
59 Russian federation 626
60 Saudi Arabia 178
61 Singapore 267
62 South Africa 329
63 Spain 164
64 Sri Lanka 121
65 Sweden 74
66 Switzerland 76
67 Taiwan 280
68 Thailand 303
69 Turkey 156
70 United Arab Emirates 238
71 United Kingdom 153
72 United States of America 760
73 Vietnam 107
74 Zambia 122
75 Zimbabwe 114
206
Correctional Psychology
Correctional Psychology is the study and application of Psychological
knowledge in the administration of criminal justice. The goals of correctional
psychology are to seek means of understanding offender behaviour, to
aid offender in achieving more effective intellectual, social and emotional
functioning, and to promote this harmonious adjustment in the society. In
other words, the application of psychology in correctional administration
covers the programmes specially designed or otherwise for the purpose of
realigning and reorganizing the offender's life for smooth resettlement in
society. Ideally, the supervision for such programmes in a society could be
both through institutional treatment and open settings. In actual practice,
institutional service is more prevalent than the open setting with varying
degree in "custody and security".6
The Cognitive-Behavioural Approach: Key Elements

Of the many therapeutic interventions that have been tried in
corrections, the cognitive-behavioural approach seems to hold the most
promise. It consists of counselling (group and individual) and training
whereby offenders develop cognitive skills that will presumably help
them to adopt alternative, pro-social behaviours rather than the antisocial
behaviours that resulted in their criminal convictions. There is no
universally implemented cognitive-behavioural treatment programme;
rather, treatment providers decide an approach consistent with their own
training and the needs of the offenders under their care. Any or all of the
following elements might be found in a cognitive-behavioural treatment'
programme:
zz Social skills development training (e.g., learning to communicate, be
assertive rather than aggressive, and resolve conflicts appropriately)
zz Decision making (e.g., learning to weigh alternatives, learning to delay
gratification)
zz Identifying and avoiding "thinking errors" - misguided assumptions
that facilitated criminal offending (e.g., "women want to be shown
who's boss")
zz Training at solving problems (e.g., interpersonal problems with one's
intimate partner)
zz Self-control training and anger management (e.g., avoiding hostile
attribution)
6 Naidu, Usha, S (1980) Reforming Correctional Services: The Role of Psychology, Social
Defence, Vol XVI, No. 62, pp 31
207
zz Building self-esteem (e.g., recognizing good qualities and providing

self-reinforcement)
zz Cognitive skills training e.g., learning to reason )
zz Relapse prevention (e.g., learning to avoid situations that might lead
to further offending)
zz Practical skills training (e.g., applying for work)
As noted in the text the cognitive-behavioural approach has shown
success when programmes are properly implemented and carried out and
offenders are motivated to change. It is not perfect. However; although
other therapeutic approaches (e.g., behaviour modification, therapeutic
communities) have had unpromising results (with some exceptions),
cognitive-behavioural therapy gives reason to hope.
Srivastava visualized the main responsibilities for psychologists as
classification of inmate, discipline, administration and training. Following
are some of the areas in which competent psychologists could be operating
in the correctional field7:
1. Classification of inmates.
2. Assessment for referral to other agencies for facility.
3. Direct Clinical treatment.
4. Staff training and consultation.
5. Research and evaluation.
6. Liaison with other professionals and agencies; and
7. Consultation with the administration.
AACP Standards
The American Association for Correctional Psychology (AACP) has
developed a set of standards that provide the minimum acceptable levels
for psychological services offered to offenders held in local, state, or federal
facilities, as well as in the community Standards Committee, 2000). Below
are examples of topics and subtopics covered in the standards.
Roles and Services: Appropriate roles include but are, not limited to
consultation to correctional administration for mental health programme
design; psychological screening of security staff employed in specialized
mental health units; classification for mental health programme assignments;
7 Srivastava, K.D., (1962) The Role of Psychologist in a Prison, The Journal of Correctional
Work, Vol IX, pp 48-54
208
training of staff; assessment, diagnosis, and treatment of mental illness; crisis

intervention; and advocacy for an evaluation of mental health programmes
and services.
Staffing requirements: At least one person responsible for psychological
services in the facility has a doctoral degree that is primarily psychological
in nature, is licensed/certified, and has training/experience in correctional
psychology.
Documentation: All services and mental health information will be
documented and/or maintained in a file specific to the offender in
compliance with current professional and legal standards and guidelines.
Limits of confidentiality: Inmates will be informed both verbally and in
writing of the limits of confidentiality as well as legally and administratively
mandated duties to warn.
Informed consent: All screenings, assessments, treatments, and procedures
shall be preceded by an informed consent procedure.
Employer and ethical/practice standards conflicts: There is a documented
policy for the resolution of conflicts between the facility and the psychological
services staff.
Screening/evaluation: All screening is performed only by psychological
staff or facility staff trained by them. At no time are psychological data
made available to inmate workers (this includes filing).
Inmate treatment: Diagnostic and treatment services are provided to
inmates. All those needing emergency evaluation and/or treatment are
housed in a specially designated area with dose supervision by staff or
trained volunteers and with sufficient security.
In-service training: Written procedures provide for the training of facility
and community staff (e.g., in recognizing psychological emergency
situations and in procedures for making referrals to psychological services).
Research: Psychological services staff are encouraged to conduct applied
and/or basic research to improve the delivery of psychological services.
209
Role of Psychiatry in Correctional Work

The more psychiatric treatment of certain prisoners is recognized as
an important part of correctional programmes, the more will it be necessary
to define the respective tasks of jail personnel and psychiatrist, their attitude
towards each other and the condition for smooth collaboration. Though the
aim of psychiatry and correctional work may be more or less the same, i.e.
to turn the offender into a socially adapted and productive human being,
capable of enjoying life without trespassing of his neighbours' rights. The
methods employed are so different that conflicts are almost inevitable unless
both parties can join their efforts in a true and humble spirit of service. The
main difficulty lies in the fact that psychiatry has the privilege of adopting
towards man and his weakness and failures a very broad minded, or one
might even call it, a very permissive attitude. The first task is to understand
why a person is or has been acting in an anti-social manner. For this we need
the patient's utter confidence, which he will only grant us if he feels secure
from undue critism and condemnation accepted inspite of all his faults
and dark sides, as a child ought to be able to feel accepted and understood
by his parents. The implicit meaning of imprisonment and correctional
discipline, on the other hand, is that the offender cannot be accepted by
the society as he is, a fact which is impressed on him inspite of all efforts
at humanizing prison-life. The common factor in both the psychiatrist' and
the jail personnel's attitude, however, is that both expect the offender to
undergo a change of some kind, if he ever is to become a well-balanced
personality and a useful member of society. How then can we combine
such dissimilar attitudes in reaching a common aim8.
Use of Social Psychiatric Principles

Basically, mental hygiene principles are guides to healthy human
relationships. They have developed out of everyday professional practice,
not only psychiatry, but of many other areas in which psychiatric principles
have come to be utilized. A science that relates to dynamic human behaviour
cannot for long remain confined within one discipline. In the field of social
sciences, psychiatry is today contributing a great deal to anthropology,
sociology and social psychology. Today scientific techniques of production
have opened before mankind wide prospects of realizing welfare goals
for the individual. But, as Elton Mayo has pointed out, while society has
8 Hoch, E.M (1956) "The Role of Psychiatry in Correctional Work" The Journal of
Correctional Work, The Government Jail Training School, Lucknow, Vol III, pp 82
210
developed technological tools, it has lagged behind in the creation of social

tools to cope with human problems. Karl Mannheim has approached the
problem in an almost identical fashion. According to him, the present
world crisis is not an economic or political crisis. It is crisis in values and
a breakdown in the value processes of society. In as much as these value
processes function only in and through individuals, there is reason to believe
that ultimately the solution must be found in the individual personality
itself.
Freud has enunciated the basic clues to the understanding of the
individual by chartering the unfathomed realms of the human mind. He
discovered the early formation of the basic personality pattern, and the
reason why early frustrations in life may inhibit the capacity for mature
love in later life. In psycho analysis, he has given an important science,
as well as an art, which promises to prove of the utmost benefit to society
through his effort and the efforts of a large number of pioneers who have
followed in his trail, a basic framework of understanding the behaviour of
an individual has become available. While the innumerable details of this
basic framework are still being worked out, it has at least proved its utility
in pointing out one conclusion: Behaviour is purposive. Welfare being the
goal, various professions in modern society are working towards it. There
is need for more team spirit among them. Team work as a social tool is
emerging and needs to be developed and perfected. The search for social
psychiatric principles begins with examining the term "Psycho-social". It
indicates the meeting point of the individual and society. It also shows that
there is continuum of relationships. Much of the individual personality is
socially conditioned. It also indicates that there may be a close relationship
between the "inner" and the "outer" pressures. As Josselyn says, "The
therapist must be able to feel as well as understand. This implies a capacity
to identify with the person who is being treated. This capacity to identify
must be controlled by the therapist rather than he be in control of it. The
successful therapist consciously or unconsciously identifies with the client,
and at the same time is able to look objectively at the problem, formulate
its structure, and see a possible resolution to it. It is the objective approach
combined with an identification with the individual that results in the
prompt, valid judgments that are necessary to successful treatment in any
therapeutic situation.9"
9 Mathur, J.S (1956) "Dynamic Uses of Social Psychiatric Principles in Case Work
Planning" The Journal of Correctional Work, The Government Jail Training School,
Lucknow, Vol III, pp 87-95.
211
Correctional Social Work

The idea of self-reformation, self-help dependence which is the
ultimate objective of social work is achieved largely through the provision
of services designed to aid individuals singly or in groups in coping with
present or future social and psychological obstacles that prevent or are
likely to prevent full and effective participation in society. Its function
is to create that healthy climate in society and the development of better
individual adjustment. Modern social work is both scientific discipline and
a profession. It is brought into practice in six different forms which are all
based upon a common core of knowledge and skill, which is called “generic
social work” These six well known processes of social work are social
case work, social group work, community organization, social welfare
administration, social welfare research and social action.
Correctional Social Work is a new development which stands in
conformity with the present day philosophy of penal reforms. Modern
penology based on humanitarian considerations has changed its philosophy
of deterrent punishment and has found immense significance in two more
scientific methods and techniques of criminal correction and rehabilitation.
Crime and delinquency is more a problem of personal deviation than
social deviation. It is a product of the individual’s own reaction towards
the environment, his adaptability and conformity in the existing social and
legal framework of society. Any planned programme for the treatment of
rehabilitation of offenders can only be successful when the criminals or
delinquents are treated as individuals rather than as a class of distrusted,
disrespected and dangerous people. Since the skills and techniques of
social work are replete humane attitudes like acceptance, respect worth,
dignity, integrity, self-expression and self-determination of the individual
along with the recognition of his inherent strengths and weaknesses, social
workers in their Endeavour are bound to change criminals for the better.
“From the point of view of social work it seems necessary to help children
and adolescents to avoid breaking rules, whether or not they are brought
before a court or are pronounced delinquents. Social work assists young
people in their efforts to abide by the rules of social conduct required
by tradition or statute. These efforts include the development of social
attitudes and modes of behaviour which are not necessarily embodied in
legal provision10.
10 Srivastava, S.P. (1965) Correctional Social Works, The Journal of Correctional Work,
The Government Jail Training School, pp 40-43
212
Social Work and the Prisoner

Although the nature of the penal institution certainly makes individual
work with prisoners rather difficult and sets definite limits to the personal
contact which is the essential tool of social work. Inspite of these limitations
there are possibilities for individual work with convicts, provided that
skilled and competent social workers are available. “In fact the best time
for the social worker to make contact with the prisoner is when he has just
entered the prison. The initial shock of the first day or night in the prison and
of meeting with other inmates, when the prisoner is bewildered and scared,
often even hateful of everyone, seems the right time for the social worker to
get in touch with him. The social worker will give him a chance to discuss
the hard realities of prison life, its possibilities for his future, its educational
and vocational opportunities, limited as they might seem to the prisoner.
The social worker has to determine how much help the inmate needs and
whether he is able to make use of social case work assistance this time.
Frequently the prisoner might hide his real feelings and the social worker
has to understand that he needs time before he is able to take advantage
of case work service. The social worker should certainly not overwhelm
him with suggestions and offers of assistance until the prisoner is really
asking for service. Sometimes he will need advice and help with specific
problems such as contacts with his family, arrangements of obligations he
has left behind, changes in the prison, assignment to specific training unit
or transfer to other living quarters.
The main task of the social worker in prison is to help the convict
in his own attitude towards crime, sentence and confinement. He will try
to help him clarify his thinking about his own action, change his attitude
for society and develop new plans for his future life. In this respect the
social worker might well be helpful in advice about the use of the prison
library, vocational training and studies as well as adaptation to the rules of
the prison. He will assist him in maintaining contacts with his family and
friends when he needs aid for this purpose11.
Correctional Administration
Correctional administration is a sub-system of criminal justice
administration. It is a system which is not as much understood by the public,
press and electronic media as are the police, prosecution and courts. This is
partly because of its 'invisibility' and partly because the society is generally
11 Ibid; pp 52-53
213
reluctant to know more about it. No wonder the true story of correctional
administration is little known and much misunderstood. What goes inside
the system, what is its official mandate, what is its philosophy, how well it
is implemented, what are the problems its functionaries and clients face,
what are the constraints that the system confronts and what are the policy
perspectives to rejuvinate its functioning, improve its performance and
enhance its image - are the kind of questions that are rarely discussed on the
public fora. therefore, the rhetoric and reality of 'corrections' as also of the
correctional administration in the contrary continues to remain wrapped
in a mystry surrounded by an enigma. Consequently, both the public and
some policymakers do not get the real feel of the reality as to what are the
concerns and the constraints of the system, where does its crisis rest?
The “Fish” a new inmate, on entering the prison, has been labelled by
society as deviant, a criminal, an “outsider”, a failure. The labelling process
of arrest, trial, conviction and imprisonment will reinforce any sense of
failure the convict himself may already feel12.
Development of Corrections
Corrections have long history of several thousand years and
are rooted in the society's response to dealing with criminals through
numerous ways of punishment – exile, enslavement, torture, mutilation
and execution. In the olden days, when the prison system did not exist, the
system of punishment represented the primacy of retribution and deterrence
as a measure of crime control. The late eighteenth and early nineteenth
centuries witnessed a shift from retribution per se. By the mid of nineteenth
century, the spirit of rationalism and enlightenment revolutionized the
archaic penal philosophy of harsher kinds of punishments. At this point
of time the 'incarceration' movement began and the institution of prison
was developed by Jeremy Bentham who advocated that the only rational
response to crime was to penalize lawbreakers in a measure deemed
necessary to offset the pleasure of illicit gain, and to effect deterrence.
The prison was then developed as a major correctional tool. With prisons
coming into existence, the old, archaic, and inhuman and degrading forms
of punishment were gradually abondoned, to be replaced eventually by
the most predominent form of punishment e.g imprisonment. This mode
of punishment suited society's need for revenge and retribution and
satisfied the demands of the deterrent theories of crime control as proposed
12 Ouimat R (1969) (Chairman) Report on the Canadian Committee on Corrections,

Toward Unity: Criminal Justice and Corrections, Ottawa, Queen’s Printer, pp 315
214
by Bentham and Beccaria. It also fulfilled the need of two penological

movements of that time i.e. humanism and reformism. Both the movements
affirmed that reformation, not vindictive suffering should be the purpose
of penal treatment. The reform movement was inspired by the idea that
reformatory penal philosophy could be more successful than punishment
and repression. The wave of reform that swept all over the world indeed
conceptualizes the idea that prison system could be so built as to deal with
offenders humanely without compromising the crime control needs of
society. Other instruments of dealing with less serious offfenders through
non–coersive, non–stigmatizing, non-institutional and community based
mechanisms that developed later as alternatives to imprisonment were
also shaped by same penological objectives and ideology that had inspired
the introduction of many significant changes in the old ways of operating
prisons.
The emergence of 'rehabilitative ideal' and the consequent changes in
the penal philosophy provided a new thrust to institutions that had been
in use for over centuries in order to punish the offenders. Accordingly, the
purpose of punishment went through a metamorphosis of change when its
basic objectives were redefined. The new penal philosophy (alternatively
called 'correctional philosophy') incapsulated four-fold objectives (also
known as four R's): Restraint, Reform, Rehabilitation and Reintegration. All
these taken together emphasize the correctional orientation of punishment.
The contempory systems of corrections posits its faith that correcting
criminals is not only desirable, but also quite possible. This is the faith and
philosophy indeed, the foundation stone of everything that is being done
under the banner of corrections today.
The Concept of Corrections

Correction, as the term literally means, is an attempt to free from
error, to make right, to modify a thing, to conform to a required standard
or to change for better. But when applied to human behaviour, it means a
positive and qualitative improvement in a negative, destructive, criminal
or deviant attitude of an individual into law-abiding channels. In positive
terms it means the resumption of a socially acceptable behaviour and
refraining from illegal behaviour. Correction, in its broader sense then,
means reshaping, re-educating and reforming the individual's behaviour,
attitudes and feelings of anti-social nature which have cultivated into his/her
incarceration or committal to some penal institution for custody/treatment.
It includes all attempts by the correctional administrators and workers
215
to reorient and resocialize the deviant behaviour traits of an individual's

personality by providing helpful and educative facilities and services which
help in increasing a feeling of repentence and a strong desire to correct
oneself. Thus, correction in penological parlance is a process of treatment,
reformation and rehabilitation of offenders with a view to converting them
into law-abiding and socially responsible citizens. It is a social process by
which modern society deals with officially identified lawbreakers so as to
help them live a less socially dangerous mode of living. In current thinking
and practice, corrections (as a system) aim at treating the offender after
conviction and sentence. The purpose of corrections, therefore is to strive
for the training and treatment of offenders and to establish in them a will to
lead a good and useful life on discharge. The ultimate aim of corrections is
to help the offenders become self-sustaining, disciplined and independent
within the law by strengthening all their resources. Corrections, in short,
have been deemed to be a new direction of the modern penology which
offers ample opportunities (both in the form of institutional and non-
institutional facilities and services) to the legally adjudged criminals and
delinquents for their reformation through the use of various corrective,
therapeutic and rehabilitative processes.
In conformity with these objectives, the stated functions of correctional
institutions are; (a) treatment directed to the rehabilitation of criminal
to the end that he may return to society as one capable of developing a
satisfactory mode of living; and (b) the protection of the public from
further criminal attack by those who are unable to engage in a socially
acceptable way of life. The field of corrections involved the operation of
prisons, reformations, training and treatment institutions for juvenile
delinquents, and administration of probation and parole and after care
services. The principal elements that comprise this extensive system are
a variety of correctional interventions commonly referred to as treatment.
The intervention is aimed at terminating, or attempting to terminate the
criminal predisposition. Therefore, the term 'treatment' in its broad context
represents all programmes, tactics, strategies and even manipulations
desired to carry out the helping intent of rehabilitation. Correctional
methods and starategies include a wide range of educational, vocational,
recreational, moral, religious, social and psychological interventions.
The Crisis of Corrections

The crisis of corrections has been commented upon in large number
of writings that list out the failure of corrections, indicating that: (1)
corrections today are almost unknown to large segments of the informed
216
citizens, including those who practice it in a variety of correctional settings;

(2) corrections display evidences of a number of evolutions in thought and
practice, each seeking to cope up with difficult problems of punishing,
deterring and reforming offenders; (3) corrections are characterized by
an overlapping of administrative jurisdictions, a diversity of philosophies
and a hodgepodge of organizational structures which have little contact
with one another; (4) corrections suffer from multiple problems like
apathy, piecemeal programming, totally inadequate funding and lack of
public support and understanding; (5) most correctional instutions are
correctional in name only; (6) many correctional administrators and workers
are simply not equipped with sufficient training and tools to perform
rehabilitative services. Correctional personnel are inadequately trained in
corrections methodology, underqualified academically and underpaid in
terms of money and material; (7) correctional systems continue investing
their resources in hardware than on rehabilitational programmes; (8)
the prevailing management climate for corrections is a bureaucratic
control exercised through rigid and formalized rules and procedures; (9)
correctional treatment is not an application of scientific skills and rational
behaviour change interventions strategies; (10) correctional administrators
indulge more in window-dressing, glib talking on new programmes and
ferment of change in the institutional settings', and (11) corrections evidence
wide cleavage between theory and practice.
The failures of corrections basically lie in its incompatibility to strike
a reasonable balance between what is proclaimed and what is actually
practised. The dilemma of corrections is that it pursues contrary nature
of demands between custody (control) and correctional change in the
behaviour of its clientale. On the one hand they are required to punish,
and on the other they are expected to reform. Corrections as a system
has failed not because of its concept but because of the lack of any agreed
plan of action. The serious drawbacks of correctional institutions is their
archaic system of governance which does not know what really corrects an
aberrant human being and what brings about change in criminal behaviour.
Therefore, the efficiency of correctional treament is highly questionable. The
more marked maladies of correction are: (a) the inadequacy of resources
– monetary and material; (b) lack of adequately qualified, trained and
motivated staff; (c) its low public credibility and; (d) its heavy dependence
on institutional mechanism at the peril of non-institutional and community
based correctional measures.
217
Open Prisons in India

Bray-Shaw, after a short stay in one of the English prisons wrote, "The
most lasting impression of all was not the badness of the prison system, but
the absence of good. In a world, where infinitely more horrible prisons exist
one must not exaggerate the evils of our prisons; but it is almost impossible
to exaggerate the absence of any positive influence for good."
It can however safelybe said that in general prisons have lost much
of their all-in-all emphasis on safe custody and rigid regimentation of men
inside. Several steps humanizing the life and treatment of the man behind
bars have been introduced. Positive efforts like imparting education,
providing facilities for play, recreation and other activities, are being made.
The emphasis is on mental, moral and vocational equipment of the man.
Training in citizenship is the main pivot of the present day policy. All this
is very desirable and commendable but it does not answer the criticism
that, in the words of Professor Hans Von Henting : "... Our prisons are
unnaturally structured surroundings; they do not reflect the real world, its
driving forces, its probable succession of fairness and attainment, fault and
failure. In confinement there is no relationship of equal men; all human
relations are unreal, fictitious, counterfeit. On this driest sand of a social
sahara we want non-swimmers to learn to swim13."
At the moment there is no clear-cut definition of what is an "open
institution". Opinions vary and practices differ. In the first instance, in
the perspective of the widely prevalent punitive institutions that may be
termed "closed jails", "open" may imply the opposite of what is connoted
by the word "jail". Jail stands for a "closed", "hidden", "prohibited" place
or state, as far as the public is concerned. There being no free admission
to its precincts, everyone cannot even claim to visit it. It is not a place or
institution to which the public may be let in even after circuitous route of
permission and passes. In that light, an open institution may well deserve
that name if it openly admits the public to visit, go round and see it. That is,
it shall not be a closed book but an open book, that any one may go through.
Under the impact of the modern times and trends in our country, even the
most closed jails are getting more and more open, by just relaxing their
rules, without needing to break a lock, bar or wall.
In the second instance, "open" may relate to the very architecture,
design and buildings, the restrictive devices, commonly known as "walls
13 Raj, A.S., (1956) "The Philosophy of Open Penal Institutions" The Journal of
Correctional Work, The Government Jail Training School, Lucknow, Vol III, pp 69
218
within walls", "bars after bars" and "locks following locks". The jails in
our country in general have very high main walls within which the living
barracks are constructed for the prisoners. In this direction, the impact of
modern scientific approach has been to classify the prisoners from the point
of view of needs for security and the restrictive architecture of the jail has
been increased or decreased in terms of that need for maximum security,
medium security, or minimum security.
A third and more important aspect of the word "open" is its relation
to the life, living, management and administration of the prisoners inside
any institution physically closed or open. In the early twenties, Sir Edmund
Due Cane reported after a visit to the then modern open jails, in America,
that the high dead brick walls had been replaced by barbed wire guarded
by sentries with loaded rifles. That may have been the early conception of
openness but it is not the case today. Today we preach that inmates should
have nothing secret from them, nothing closed to them, nothing away from
them, whether in the sphere of administration, management, rules and
regulations, discipline, education, work, accounts or even dealing with the
world outside. In short, prisoners in the most ideal open institution should
be trusted fully and completely and therefore be given the full management
and administration of the institution without any do's and don'ts, any more
than that operate in the free society outside. In that atmosphere of trust
and confidence, automatically the need for the high walls and locks inside,
or restrictions on the association and free contacts with the public outside,
disappears. This is an ideal to be worked for.
An open institution differs fundamentally from a closed institution,
in its philosophy of administration, discipline, enforcement of orders,
assessment of problems and modes of tackling them. Thus, an ideal open
institution is one that has no physical restraints or precautions against
escape and allows the fullest freedom to its inmates to think, act and live as
they like, without do's and dont's any more than what operate in the free
society outside. Here, he is trusted with the full responsibility to work for
the ideals of the common good and the aims and objects of the institution to
which he belongs, of his own free will, self-discipline and control, despite
their being innumerable opportunities to misuse that trust, confidence and
liberty.
Trust, Tolerance, Truth and Totality, represent the four essential
ingredients of a successful administration of open institution. The
fundamentals of administration given to us by the foreign rulers were
based on distrusts of the rank and file and solid faith in the lifeless letters
219
of the Law, reports and files. In an open institution an inmate must be

TRUSTED to the fullest degree, even more than a man outside. He is
himself conscious of the special surroundings he is in–and if trusted leaves
no stone unturned to discharge that responsibility. It requires the highest
practice of TOLERANCE to give a patient, full and sympathetic hearing
to the men in their charge, without a sharp word or even without trying to
preach morals. That is the first essential in an open camp. Last but not the
least important is the need to develop what may be termed the "Christian
Tolerance". We must learn to love our men, not only for their virtues
and good performances but with all their faults and imperfections. The
principles of "eye for an eye; tooth for a tooth" must be given up in an open
camp. Just as we love our children and tolerate their mistakes, we should
learn to pardon and tolerate the human imperfections of men in our charge.
The prisoner must be taken, treated and handled as a whole. What he does
at any given moment is not separate from the totality of his make- up,
personality and needs. Another situation is while planning the activities
of an institution, or, setting its ideals and standards of work, honesty, co-
operation and various relationships14.
In the early stages of the prison system in India, prisoners were
normally employed outside the jail walls on construction of roads, cleaning
of drains and similar occupations, as there were no regular industries
within the prison walls for employing prisoners. The Jail committee of
1836–38 condemned this system but even then, it continued. In the year
1905, in the Bombay presidency, the first arrangement on the lines of open
institution was made with 40 prisoners in Thane Prison. They practically
guarded themselves and were allowed a good many privileges. They
were permitted to wear clothes as would be worn by free men. They were
permitted to purchase limited quantity of tobacco and sweets. They were
given better food and more marks. They were permitted to write and receive
more letters. They were allowed to talk freely in their own class and were
permitted to cook their own rations15. Due to certain difficulties (these were
mainly administrative difficulties of the then rulers), this system practically
ceased in the year 1910.
14 Raj, A.S., (1956) "The Philosophy of Open Penal Institutions" The Journal of
Correctional Work, The Government Jail Training School, Lucknow, Vol III, pp 72-73
15 Annual Administration Report of the Jail Department of the Bombay Presidency
(1905), p 6
220
After Independence, the system of open institutions was brought into

practice, with the aim of rehabilitation of prisoners. The criterial devised
for the selection of prisoners was good behaviour, physically and mentally
fit, willing to do hard work, abide by rules and regulations of the open
prison and are sentenced to terms of imprisonment of one year or more
and have undergone one-fourth of their sentences excluding remissions.
The habitual prionsers, known habitual prisoners awarded three or more
major punishments, prisoner having any case pending in a court, prisoners
suffering from mental disease or any serious disease, escapees, hired and
professional murderers, prisoners convicted of offences connected to
narcotics, prisoners transferred from open prison to closed prison, class I
prisoners, women prisoners etc. were not considered for this scheme.
State of Extra-Mural Employment of Prisoners

In Assam, the old practice of employment of convict labour by local
boards for sanitary and anti-malarial purposes still exists. Convict labour
were also supplied to local bodies and Public Works Department for other
purposes during specified periods of the year. Convicts were, however, not
permitted to work in association with free labourers except skilled workmen
who may be engaged as foremen or instructors. In the State of Orissa,
although there was no regular scheme for the employment of prisoners on
works of public utility, recently a small batch of 20 convicts was employed
under the supervision of the jail staff on the excavation of a tank.
Technical Employer
In agricultural farms run exclusively by the Jail Department, the
technical employer is the Department itself, but technical help is either
obtained from the Agricultural Department of the State or the Jail Depart
ment appoints its own advisers in agriculture. In State agriculture farms,
the employer is the State Agriculture Department which also arranges for
technical advice and supervision. In Irrigation and Public Work projects or
municipal works, the departments concerned are the employers and they
provide technical guidance. It has been noticed that in such projects, occasions
do arise, when there is a conflict between the prison administration and the
employing department as the former has a tendency to assume the role of
a trade union while the latter tries to extract the most, and pay the least in
wages. Such conflicts could be avoided if the employing department is able
to appreciate the rehabilitation value of the employment of prison labour
on such projects. Experience has shown that a sympathetic understanding
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of the points of view of each by the other is most helpful in avoiding such
difficulties. While the prison administration should keep in view the
interest of the project, the employing department should not forget that
they are playing a very important role in the rehabilitation of the employees.
Frequent conferences between the officers of the two departments would
not only reduce conflict, but will also help in developing a sympathetic
understanding of the point of view of each.
Staff
In the two agriculture colonies in the State of Bombay no guards were
employed. In one colony the prisoners work under the supervision of the
manager. In the other a Welfare Officer keeps records of prisoners including
progress and acts as their guide and leader. In Rajasthan no custodial staff
was employed. Only one warder lives on the premises to act as guide. The
farm manager and the field men employed by the Agriculture Department
train them in agriculture. The Superintendent and Jailor of the Jaipur Central
Prison visit the prisoners three or four times a month to give instructions.
The staff is specially trained for correctional work. No special allowances
are paid to the staff. 'In the Agricultural colony, in Hyderabad, one deputy
jailor and a dozen guards are posted. While selecting the staff for the colony
preference is given to those who know agricultural operations. The deputy
jailor in-charge is also specially trained in agricultural methods.
For camps in Uttar Pradesh the staff is specially selected to form
a harmonious working team. Staff of all categories is trained at the Jail
Training School in correctional methods. As far as possible only trained
personnel is posted to the camps. The strength of custodial staff is less
than their strength in a jail of the same capacity. The superior staff consists
of some deputy jailors, known as welfare officers, at the rate of one such
officer for about 150 prisoners. The strength of deputy jailors in the Camp is
certainly more than the strength of deputy jailors in a closed jail of the same
capacity. In camps, every deputy jailor who is known as welfare officer has
to take charge of a gang of 150 men or so with whom he has to maintain as
close a contact as possible. He acts as their friend, guide and philosopher.
He keeps a record of each prisoner in his charge and his opinion about the
progress of each individual counts. The staff is given special allowances
as facilities for keeping their families in the camp are not available and the
type of work and duties are arduous. The staff has to be changed frequently,
say after a year or two, as it is not considered desirable to keep them aloof
from their families for a long time. It has been observed that the staff in
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the camps is able to develop a good intra-personal relationship with the

prisoners which is very helpful in correcting their attitudes.16
Selection of Prisoners
For the agricultural farms in the State of Bombay, selection of
prisoners is confined to those belonging to the agricultural class. Most of
the prisoners selected were convicted for murder. In Madras short-term
prisoners are generally selected for agricultural work while those selected
for working in the Transport Department Workshop were expected to have
an aptitude for work on machines. In Hyderabad, prisoners eligible for
employment in out-gangs just outside the jail were taken to the agricultural
colony – preference being given to those who have had anything to do with
and agriculture. In Assam, only short-term prisoners were employed in
Sanitary and; Public Works.
In Uttar Pradesh, prisoners who are eligible for employment in out-
gangs near the jails are employed in agricultural farms. The eligibility
depends on the conduct in jail, nature of crime, length of sentence and
the period undergone. At the Model Prison Agricultural Farm, long-term
star class prisoners who are recommended for such employment by the
prisoners who are already enjoying the privilege, are selected if they are
considered reliable, irrespective of the nature of crime or sentence after
proper screening by the Superintendent. For the camps where prisoners
are engaged on works of public utility such as construction of dams, canals
and quarrying stone, it is necessary that prisoners selected are sufficiently
healthy for this type of work. Their past conduct and occupation are also
taken into consideration. They should also pass in closed prisons some
period of their sentence before their selection for such camps. Prisoners
convicted of heinous offences such as dacoity are selected with care. As far
as possible, prisoners sentenced to below one year are not selected as it is
considered that due to their short stay in camps they will not be able to earn
enough for their rehabilitation. It is also ensured that prisoners selected are
willing to go to the camp and have family ties. Prisoners selected are finally
screened in a reception centre before they are taken to camp. They are given
talks by the jail officers in the reception jail with a view to prepare them for
the camp life.
As regards juveniles, only such of them are selected for outside
employment as have no previous history of frequent lying, stealing or
16 Sakena, H.C. (1960) Extra Mural Employment of prisoners in India, The Journal of
Correctional Work, Vol 7, The Government Jail Training School, pp 28-33
223
truancy or emotional out-bursts. Mentally deficients and those who have

either a shut in or inadequate personality are excluded. Interest in games
and team spirit combined with habit of work are essential qualifications for
eligibility for outside employment or training.
Nature of Accommodation
Prisoners employed on works of public utility, such as construction
of dams, canals, reservoirs in Uttar Pradesh and Madras, lives in tents or
temporary tin sheds. In agricultural farms in these and other States they
were accommodated in cheap hutments. In Bombay there were semi- pukka
rooms or barracks. Prisoners employed on municipal works or public
works or in workshops in Assam and Madras States lived in walled jails
close to the place of their work. In Uttar Pradesh a semi-permanent camp
with asbestos sheet roofs, tin hutments with cheap stone walls has been
set up for the prisoners working on the quarry of the Government Cement
Factory. Before setting up a camp, its site is carefully selected keeping
in view nearness from the work site, good water supply arrangements,
satisfactory communications and healthy conditions.
Special Privileges
In one of the agricultural colonies in the Bombay State, prisoners are
allowed to bring their families to stay with them. Family members working
in the colony are paid current market wages. Prisoners are allowed one-
third remission of the total sentence and their cases for premature release
on completion of fourteen years or half the sentence are considered at the
proper time as in the case of ordinary prisoners. The Inspector General of
Prisons can grant leave on parole subject to a maximum of seven days after
a prisoner has spent a period of six months in the colony. On release if one
wishes to settle down in the colony, he is allowed to do so and a piece of
land and a loan for purchase of livestock and implements is also granted
to him. In one colony prisoners put on their own clothes and cook food
according to their own choice. In Hyderabad prisoners get extra remission
for hard work and are allowed to smoke. They are also allowed indoor
games and newspapers in the evenings. Prisoners are allowed interviews
and letters at the same scale as other prisoners.
In Uttar Pradesh in the camps for works of public utility, prisoners
are given one day's remission for each day's work, subject to a maximum
of half the total sentence. They are also eligible for home leave up to 30
days. Interviews and letters are allowed to them very liberally at double the
224
rate admissible to prisoners in closed prisons. Suitable indoor and outdoor

games are also allowed to prisoners. As regards premature release, ordinary
rules are applicable, but the policy of release in the case of camp prisoners
is generally liberal. An Education Officer assisted by a few teachers plans
recreational and educational programmes. Dramatic performances, cinema
shows, radio programmes, musical concerts, sports and games are usual
recreation. Besides literacy campaign, classes on social education are also
held. There is a fairly good library and prisoners are allowed newspapers
and magazines, both at their cost as well as at State cost. There is also a
canteen from which prisoners can purchase out of their pocket money,
ordinary amenities of life, such as extra food, books, writing materials
cigarettes etc. and chewing tobacco. Prisoners are allowed some extras in
food in view of the hard nature of work at the camp. They are also allowed
variety in their diet. As regards clothings, they are given plain instead of
striped clothings.
In Rajasthan an Advisory Board considers the premature release of
prisoners employed in agricultural farms. Educational and library facilities
are provided and a class for instruction in agriculture is also run. Prisoners
are encouraged to organize rural games and they are free to go to markets
of the neighbouring towns to make their own purchases. They cook their
own meals and are allowed to cook whatever they like. They put on private
clothing of their own choice. Letters and interviews are unrestricted while
prisoners in jails can write only one letter and have one interview in two
months.
Wages
It is now universally recognized that payment of wages is very essential
for evoking the interest of prisoners. The difficulty in finding adequate
funds for payment of wages is proving a great hurdle. Consequently,
different remuneration is paid to prisoners employed on such works. In the
State of Uttar Pradesh prisoners, employed on the construction of irrigation
projects and quarrying stone, are paid by the employing departments
on piece work basis which is the same as paid to free labour. Prisoners
working on irrigation projects earn on an average about Rs.1-8 per day and
those on the quarry work earn about Rs.2-4 per day. Wages actually earned
by prisoners on piece-work basis are generally higher than those earned
by free labour on the same work. Prisoners employed on the agriculture
farm of the Lucknow Model Prison appropriate all the profits from the
yield. In Rajputana, prisoners are paid Rs.1-8 per working day which is
225
the same rate as for free labour and they themselves provide for their food
and clothings. In the State of Bombay, prisoners are paid 4 annas per head
per day plus food and clothing by the department or 14 annas per head per
day, in which case they have to make their own arrangement for food and
clothing. In Hyderabad (Andhra), no wages are paid to prisoners but they
are given extra remission for hard work and some extra molassez and bins
(smoke).
In Assam, where convict labour is hired, wages are realized by the
Prison Department from the Public Works Department or local boards
at rates prevalent in the district for the particular description of work on
piece-work basis. Wages so received are credited to the State Fund. In
Orissa, prisoners employed on the excavation of a tank were paid wages
at 6 annas per head per clay. In other cases, prisoners are paid a nominal
amount either on a daily basis or piece-work basis. A majority of prisoners
in the country are still not receiving any wages or bonus.
Prisoners are generally required to keep some balance of their wages
unspent so that when they are released such a reserve fund could be used
by them for their rehabilitation. In Uttar Pradesh, prisoners are required
to pay a portion for the upkeep at a flat rate of 12 annas or Rs.1-4 per head
per day which varies according to the total investment in the camp. They
are allowed to spend 4 annas per day from their earning in supplementing
their diet and buying smoking and toilet articles. They are also encouraged
to remit a portion of their earnings to their families in need. In the Model
Prison, Lucknow, there is no such restriction, but the staff encourages the
prisoners to develop a habit of thrift and the common experience is that
the prisoners do not squander their earnings. Prisoners pay to the State
their cost of their upkeep at the rate worked out for the whole State. In the
Sampurnanand Agricultural-cumIndustrial Camp prisoners get 4 annas
per day and it is proposed to allow them to appropriate the entire profit
made from the village industries practised by them. In Rajasthan and in one
of the farms in Bombay State, prisoners are allowed to spend their wages
on food and clothing as they are not provided these necessities by the Jail
Department. In the State of Orissa, a certain portion of the wages is remitted
to the prisoner's family and the balance is kept in deposit for payment at the
time of release.
The amount saved by prisoners from wages varies Loin place to
place from depending on the length of their employment on the schemes,
discussed above. They are handed over the whole amount at their credit
on the date of release. There is so far no official or non-official machinery
226
to watch the proper utilization of the accumulated sums handed over to

the prisoners on release. It has become necessary to devise some such
machinery as in Uttar Pradesh where some prisoners have taken as much
as one thousand rupees on release.
Expenditure
The expenditure on the maintenance of prisoners 'employed on
works of public utility or in agricultural farms' is very much less than the
expenditure on closed prisons. A camp inmate receives the same wages as
a free labour. He meets a major portion of the cost of his upkeep out of it.
Moreover, the overhead expenses are very much reduced. Not only from
the correctional point of view, but also from he point of view of economy,
the employment of prisoners on works of public utility has proved very
beneficial.
Employment of Prison Labour on Works of Public Utility

As mentioned above the percentage of prisoners so employed in
various States is still very low. In the State of Uttar Pradesh it is already
about 12 per cent of the entire convict population. In most of the States of
the Indian Union, schemes are at present being worked out for employment
of prison labour on works of national importance.
Escapes and Breaches of Discipline

The number of escapes from the various agricultural colonies and
camps where prisoners are employed on works of public utility have been
very few. Similarly breaches of discipline are also reported to be much
less than those in closed prisons. This shows that discipline in an open
institution is of positive value.
Public Reaction
The public was generally hostile when experiments of employing
prisoners in agricultural colonies and on works of public utility were
started. But the exemplary conduct shown by prisoners so employed has
inspired confidence in the neighbourhood of these camps and the fears of
the public have been allayed. Before starting camps in Uttar Pradesh the
press was taken into confidence and the public in the neighbourhood was
prepared for fair experiments regarding employment of prisoners on works
of national importance. The public was freely admitted to the functions
held in connection with inauguration of camps. They were also frequently
227
invited to participate in the celebrations of national days and festivals and

also in cultural and recreational programmes organized by the inmates.
This helped a lot in creating a favourable public opinion which was very
helpful in carrying out the activities successfully. Side by side, this has
helped in developing public opinion favourable to the modern notions of
treatment of offenders. There is so far, no opposition to the employment of
prisoners on the manufacture of goods which are sold in the market. There
is practically no competition with free trade as the number of prisoners
employed in such trades is almost negligible as compared with the free
population employed on similar works.
Machinery for Extramural Employment of Prisoners

There is no special machinery to determine how prisoners should be
employed. So far, it is the effort of individuals which procure extra-mural
employment of prisoners. But it seems necessary that there should be
proper co-ordination between the Jail Department and Planning or other
departments concerned, so that better integration may be achieved and
prisoners may be able to find a large measure of employment in the public
sector as well. This can be achieved by setting up a small high-powered
committee. Private industrialists should also be associated with such a
committee which should meet occasionally and suggest projects and works
on which prisoners could be gainfully employed so that their economic
rehabilitation on release, may be assured.
Most of the countries in the East have attained independence recently.
The objective everywhere is to develop a Welfare State. These countries are
engaged in social and economic development which remained at a primitive
stage due to the policy of exploitation by foreigners. There is ignorance
and poverty and efforts have to be made for economic emancipation. These
under-developed countries have to advance so that the peace of the world
may be ensured. For the social and economic development of countries
with limited finances, it is essential that their natural resources should be
exploited as best as possible. This is possible with proper planning both in
the economic and social fields. Crime is often due to social disorganization
which can be prevented or controlled by the adoption of measures which
may ensure the social security of the individual. It is now generally believed
that the protection of society is possible only through the rehabilitation of
its criminals. Thus, prevention of crime and treatment of offenders cannot
be ignored while planning for the social and economic development of a
country. It is necessary to take adequate measures for the rehabilitation
of offenders which is not possible through the traditional method of their
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segregation from society. They can be reformed by restoring their self-

respect which is made easy by their participation in the developmental
activities of the country. Not only the development of the country will be
assisted by such participation but the offenders will also be provided with
the psychological climate which will be conducive to their reformation.
In India, the practice of employing prison labour on public works is more
than a century old, but the objectives of such employment have vastly
changed in that originally, it was a problem of taking hard work from
prisoners 'under conditions which were humiliating while it now aims at
providing them with useful work under conditions which help in restoring
their self-respect and giving them a sense of pride through participation in
the development of their country. The experiments made in recent years
have established that employment of prison labour on works of national
importance is very useful for the moral, economic and social rehabilitation
of offenders and it is heartening to notice that this method of rehabilitation
is gaining popularity in almost all the States in the Indian Union which are
now actively considering how best the integration of prison labour with
national needs can be achieved. The State of Uttar Pradesh can very well
claim to have shown the underdeveloped countries the way to speed up
development side by side with the rehabilitation of offenders by employing
them usefully on works of public utility.
Reformation and Rehabilitation Provisions under Model Prison

Manual
Education of Prisoners
Education is vital for the overall development of prisoners. Through
education their outlook, habits and total perspective of life can be changed.
Education of prisoners benefits the society as well as it leads to their
rehabilitation and self-sufficiency. Education reduces the tendency to
crime. This would mean less crime, fewer victims, fewer prisoners, more
socially productive people, and less expenditure on criminal justice and
law enforcement.
Education is harmonious and all round development of human
faculties—mental as well as physical. It is a tool by which the knowledge,
character and behaviour of the inmate can be moulded. It helps a prisoner
to adjust to the social environment and his ultimate resettlement in society.
Life in prison is extremely monotonous, routinised and regimented.
The educational activities offer opportunity to a prisoner to remove from
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his mind depressing thoughts leading to relaxation and joy. We must

accept the reality that to confine offenders behind walls, without trying to
change them through education and other activities, is an expensive folly.
Objective
The objective behind educational programmes in prisons should be
to channelise prisoners’ energies into constructive and creative pursuits,
instilling in them a sense of confidence, developing amongst them social
responsibility and consciousness, fostering amongst them habits and
attitudes necessary for adjusting in the community, creating amongst them
an awareness of the futility of leading a criminal life and uplifting them
morally, mentally and socially. A comprehensive educational programme
in a prison should aim at:
(i) providing opportunities to the illiterate inmates to achieve at least a
certain minimum level of education,
(ii) extending facilities to literate inmates to advance their educational
standards,
(iii) developing a better understanding of the duties and obligations of a
citizen,
(iv) improving the attitude of inmates towards society and fostering a
desire to live as good citizens,
(v) assisting the development of good social and ethical habits and
attitudes so that the inmates may properly adjust their lives in the
community,
(vi) helping them to improve their personalities and ability for social
adjustment through individual and group guidance in social living,
(vii) developing a point of view which will make the futility of a criminal
way of life apparent to the inmates, making them aware of the
advantages of a law abiding life,
(viii) stimulating sustained interest and effort towards self-improvement,
and
(ix) developing social consciousness and a sense of social responsibility
and obligations.
Planning
Educational plan for prisoners will be so that:
(i) Each prisoner should be given a programme of education which will
help the process of his socialization and rehabilitation. In order to
230
achieve these objectives an adequately trained educational staff and

minimum facilities like class rooms and library should be provided in
every prison.
(ii) Education of illiterate adolescents and adult prisoners shall be
compulsory. Correctional Services will pay special attention to
educational programmes.
(iii) Because of wide variations in intelligence level and individual
interests of inmates, it is essential to organize diverse educational
programmes to suit the needs of the larger groups.
(iv) Educational programmes should cover subjects which would help
develop the inmate as affective members of social groups. The
programmes should also help develop insight on the part of the
inmates.
(v) The nature of the educational programmes in an institution should
be related to the size and type of the inmate population and the time
earmarked for these programmes. Educational activities should
be developed in conjunction with the overall programme of an
institution.
(vi) As far as practicable, the education of prisoners shall be integrated
with the educational system of the State so that after their release they
may continue their education without difficulty. These programmes
should be related to after-care programmes also.
(vii) The education policy should be formulated in a manner which is
adjustable to social environment, leading to ultimate resettlement of a
prisoner in the society. Education should be organised at three levels:
(a) For the beginners and illiterate inmates
(b) For the intermediates
(c) For advanced education.
(viii) Educational personnel should be oriented, through special training
courses, to correctional policies, programmes and methods as far as
practicable.
(ix) Non-Governmental Organizations should be extensively involved in
the educational programmes.
Nature of an Educational Programme

The educational programme should consist of:
(i) Physical and health education
(ii) Academic education
(iii) Social education
231
(iv) Vocational education

(v) Moral and spiritual education
(vi) Cultural education
Educational Policy for Inmates

On admission to the prison, the criteria for initial classification of
prisoners should be done on the basis of their educational background, their
aptitude to follow further studies, their social background and vocational
education.
The policy behind academic education should aim at:
(i) Making every illiterate prisoner literate,
(ii) Developing educational qualifications of prisoners
If a prisoner, who was pursuing studies before his imprisonment,
expresses his intention to continue his studies and appear for an examination
of any Board/University or institution, he should be given due facilities for
it. He should be allowed to receive books and writing material from his
friends and relatives from outside and purchase books and such materials
out of his personal cash kept in the custody of the prison, or at government
expense. Such facilities should also be extended to a prisoner who has
given up his studies before his imprisonment, but expresses his intention to
proceed with it with a view to appear in an examination conducted by any
university or other statutory body or a recognized institution.
A prisoner should be encouraged and provided with facilities for
enabling him to appear in competitive examinations conducted by various
government departments.
Classification of Prisoners
Prisoners should be classified on the basis of their academic/
educational qualification and their aptitude for further learning at the time
of admission in the prison. It should be made compulsory for each prisoner
to sit in the educational classes, arranged as per their qualification, for at
least two hours in the day, preferably in the morning hours.
The classification committee and educational personnel should
together decide the amount of time to be devoted for academic education,
vocational education and work for each inmate. As there will be variations
in the educational level, intelligence and interests, diverse educational
programmes should be organised for different groups of inmates.
232
Compulsory Education
The education of all adult prisoners shall be compulsory and a time-
frame should be laid down under which an illiterate prisoner will be able
to write his name at least.
The help of educated prisoners should be liberally obtained for
carrying out educational programmes, in addition to the help taken from
regularly employed teachers, and utilizing similar facilities offered by
N.G.Os.
Language Classes
Language classes should be encouraged. These classes could be run
by the educated prisoners, regular teachers and N.G.Os. This will help
the prison administration in harmonising relations between prisoners of
different cultures and communities and would improve discipline in the
prison.
Keeping in view the special needs of prisoners, a booklet should
be prepared which would enlist various educational programmes being
carried out in the prison.
Schools for Adolescent Prisoners

Every prison should have a regular school where adolescent
prisoners can attend regular classes in shifts. This school could be a branch
of any government school being run by the Education Department of the
State, with the Education Department providing teachers, equipment and
material for teaching adolescent prisoners. The school should provide
education for primary, secondary and senior secondary levels. It should
be mandatory for each adolescent to attend classes. The staff posted in the
prison should be paid special incentive for maintaining prisoners’ interest
in attending school.
The prisoners who pass various examinations should be given
certificates as are given to students studying in regular schools. Care should
be taken to ensure that there is no mention of the adolescent’s imprisonment
on such certificates.
Education for Short Term Prisoners

For Under-trial prisoners, and prisoners sentenced to short term
imprisonment, educational classes could be organized in the yards/
enclosures where such prisoners are kept. This would facilitate better
233
organization of regular classes for prisoners who are required to undertake

educational programmes on a short, medium or long term basis.
Personnel and Equipment

Following personnel and equipment for educational programme for
prisoners are provided:
(i) Teachers should be provided for running and guiding the adult
educational programmes in prisons. Teachers from Education
Department could be posted to the prison on transfer/deputation
basis. Inmates, who are educated and whose conduct has been good,
should be given training in imparting education to others. These
trained inmates should assist the regular teachers in organizing
diversified educational programmes. The services of retired teachers
or N.G.Os. could also be obtained in running the educational
programmes.
(ii) Necessary equipment for education like books, stationery, writing
material, furniture, etc., should be provided at Government cost.
In each prison, a building should be earmarked/constructed as a
school for carrying out educational activities. Buildings and areas for
educational programmes should be earmarked in accordance with
the minimum standards as fixed by the Education Department for
similar purposes.
(iii) Study/examination centres of National Open School/Indira Gandhi
National Open University should be established in every Central/
District Prison. The strength of educational personnel should be
fixed in accordance with the inmate population and the educational
programmes to be organised.
(iv) The educated prisoners, who help the prison administration in
conducting educational programmes, should be given wages/
honorarium by the Prison Authorities.
(v) Audio-visual equipment should be used for educational purposes.
(vi) The lodging arrangement of prisoners can also be done as per their
educational requirements so that suitable environment is created in
the barrack/cell to enable them to carry out the assignments given to
them by their teachers.
Curriculum
Curriculum should be drawn up in accordance with the needs of
each inmate group. It should be in line with the educational programmes
234
conducted in other educational institutions in the state. It should be

planned in such a way as to synchronize with the length of sentence of the
inmates. Educational schedules and time tables should be drawn to fit the
total programme of the prison.
Tests and Examinations

Following concessions shall be given to prisoners for pursuing their
higher education.
(i) At the end of each educational project, inmates should be given tests
and examinations. These tests/examinations should be conducted
inside the prison by the Education Department/National Open
School/Indira Gandhi National Open University.
(ii) No fees, including examination fee, should be charged from students
appearing in various examinations. Cases of brilliant students should
be recommended to Education Department and other agencies for
grant of scholarship.
Liaison
The institution should establish liaison with the Department of
Education/ NOS/IGNOU and other approved educational institutions for
obtaining educational material and other help.
Library
Following facilities in prison library should be provided:
(i) Books in the library should cater to the needs of different educational
standards, satisfaction of intellectual needs, and development of
knowledge, of the inmates.
(ii) The prison library shall be properly equipped with books, magazines,
and newspapers. These shall be issued to the prisoners. Prisoners
should be encouraged to develop reading habits.
(iii) A librarian should be employed for the management of books and
other reading material. Help of educated prisoners could also be
obtained, under the supervision of the librarian, to run the library.
The librarian shall arrange for and make available books on various
subjects for satisfying the needs of prisoners. The librarian should
keep details of books and periodicals available in the library
subject/title wise for use by prisoners and for the information of the
Superintendent of Prison.
235
(iv) Donation of books by N.G.Os. should be encouraged and welcomed.

Public and Government schools should be encouraged to adopt the
educational programmes being run inside the prison for prisoners.
Social, Moral, Cultural and Spiritual Education

Meditation therapy should be used to erase the memory of past bad
experiences among prisoners.
Prison Publication
There should be a monthly/quarterly publication for the inmates in
select institutions for internal circulation. The publication may be printed
or cyclostyled according to the facilities available.
Accountability
It should be one of the primary responsibilities of the Prison
Superintendent and other prison personnel that the programme of
education is implemented in its proper spirit. The success or failure of the
programme, and the extent of the educational activities in each institution,
should be one of the principal factors on which the performance of these
officers should be evaluated.
Vocational Training and Work Programmes

Trust, responsibility, care and love cannot be left to experts, whether
in blue, grey, black or white coats, nor can their opposites, since human
qualities only grow by understanding and not by repression.17
Objectives of Work Programmes and Vocational Training

Vocational training and work programmes should be treated as
essential features of the correctional programmes. The objective of such
programmes should be:
(i) Imparting discipline and work culture among inmates.
(ii) Developing right attitudes towards work and dignity of labour.
(iii) Promoting
(a) physical and mental well-being of inmates,
17 Mohr, J.W. (1973) Facts, Figures, Perceptions and Myths – Ways of Describing and
1, pp 49
236
(b) proper development of mind through intelligent manual

labour,
(c) spirit of fellowship and a cooperative way of living, and
(d) a sense of group adjustment
(iv) Developing capacity for sustained hard work,
(v) Building habits of concentration, steadiness, regularity and exactness
in work,
(vi) Imparting and improving work-skills,
(vii) Awakening the self-confidence and self-reliance of inmates
(viii) Training and preparing inmates for achieving lasting social
readjustment and rehabilitation
(ix) Imparting an occupational status and thus creating a sense of
economic security among inmates
(x) Keeping inmates usefully employed in meaningful and productive
work
(xi) Preventing idleness, indiscipline and disorder amongst them
(xii) Maintaining a good level of morale amongst them and thus promoting
a sense of self as well as institutional discipline among them
Policy of the Government

Every State and Union Territory should have a clear policy for work
programmes and vocational training of prisoners. This policy should be
incorporated in the Prison Manual/Rules.
The employment and production policy in prison should be designed
to cater to the needs of prisoners coming from both rural and urban areas.
The emphasis should be on the kinds of skills and jobs that would ensure
employment, or self-employment when the inmate is released from prison.
A “Board of Work Programme and Vocational Training”, under the
chairmanship of Inspector General of Prisons, should be set up at the Prison
Headquarters and vested with full fiscal and administrative powers. The
function of the Board should be to:
(i) plan and implement programmes of work and vocational training,
(ii) arrange funds required to run such programmes,
(iii) fix a policy of production,
(iv) examine the economic aspects of the work programmes,
(v) put prison work, programmes on a sound commercial footing,
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(vi) ensure coordination at all levels,

(vii) evaluate the performance of the work programme of each institution,
(viii) introduce practices and procedures of modern management of
production,
(ix) guide, supervise, direct and control all matters relating to institutional
work programmes and vocational training,
(x) organise workshops in after-care homes for discharged prisoners,
and
(xi) promote marketing of prison products.
Government departments, semi-government departments,
cooperatives and public undertakings should purchase articles produced
in prison industries as per requirements from the Department of Prisons
and Correctional Services.
Clear rules for the purchase of raw material, consumable articles,
tools and equipment should be laid down to eliminate chances of
misappropriation or waste.
A policy should be laid down for the employment of carefully selected
prisoners in public undertakings, co-operative farms of the State, and agro-
based industries organized in the cooperative sector when they are released
from prison.
Vocational Training
Vocational training programmes, in self-employing trades and
occupations, should be organised in every central and district prison for
employable convicts.
(i) Such programmes be open to under-trial prisoners who volunteer to
undergo such training.
(ii) The help of local Industrial Training Institutes could be obtained in
training the prisoners.
(iii) The prison should have adequate staff for efficient organisation
of various training projects. It should be properly equipped with
training aids and classrooms for conducting multifarious projects to
suit the training needs of its inmates.
(iv) The prison should have a properly defined organisation for training
projects in terms of formation of homogeneous groups and setting
down routine and time schedule of projects.
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(v) The cost incurred in the training projects, expenditure on staff,

equipment and material, should be treated as essential investment
for the purpose of training and resettlement of offenders.
(vi) Special emphasis should be given to vocational training of adolescent
offenders, young adult offenders, and others who may derive benefit
from the training projects.
Qualified technical personnel should be appointed in adequate
numbers in every production unit and for every programme of vocational
training. Such personnel could be posted in the prison on a transfer-cum-
deputation basis from the Industrial Training Institutes of the State.
Vocational training programmes should be designed to suit the needs
of prisoners sentenced to short, medium and long-term imprisonment.
Liaison should be established with the department of Technical Education,
Directorate of Industries (including Cottage Industries), Industrial Training
Institutes, Polytechnics and Vocational Training Institutions to develop
vocational training programmes on a practical and pragmatic basis.
On the completion of vocational training courses, inmates should
be examined by the Department of Technical Education of the State/
Union Territory concerned and on passing the examination they should be
awarded a regular Certificate/ Diploma by that department.
As a measure of incentive inmates demonstrating good progress
in work programmes and vocational training should be allowed to visit
important undertakings and other government owned industries. The
prison industry should be given preferential treatment in the matter of
granting permission to run various industrial/production units by the
State Government.
The executive and supervisory personnel should be given training in
modern methods of management.
Diversification of programmes of vocational training should be given
due priority when the Master Plan for diversification of work programmes
is designed.
Employment of Prisoners
Apart from convicts, under-trial prisoners, who volunteer to work,
should also be employed on work programmes and be given vocational
training. The under-trial prisoners employed in prison industry, or
agriculture, should be given fair and equitable remuneration on the same
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scale as prescribed for convicts. They should also be given labouring diet
and other facilities.
No criminal prisoner sentenced to labour, or employed on labour at
his own desire, or under-trial doing labour, shall, except in an emergency,
and with the sanction in writing of the Superintendent, be made to labour
for more than nine hours in a day.
The Medical Officer shall, from time to time, examine the prisoners
while they are employed, and shall, at least once in every fortnight, get
their weights recorded in their history tickets.
When the Medical Officer is of the opinion that the health of a prisoner
suffers from employment on any kind or class of labour, he shall not be
employed on that labour but shall be placed on such other kind or class of
work as the Medical Officer may consider suitable for him.
Prisoners sentenced to medium and long terms of imprisonment
should be given training in multiple skills so that they are able to compete
with the conditions in the labour market outside the prisons.
For planned employment of inmates the following factors should be
taken into consideration while organising work programmes:
(i) Mental and physical health,
(ii) Requirements of security, custody and discipline,
(iii) Age,
(iv) Length of sentence,
(v) Inmates’ skills and abilities and also potential for acquiring skills,
(vi) Urban and rural background of the inmate.
Prisoners sentenced to less than one year of imprisonment should
be employed in prison maintenance services, gardening, work-centres and
work camps.
Prisoners sentenced to imprisonment for one year or more should be
employed in production units in closed or open prisons.
Prison Industries and Work Programmes

Prison industries should be organised on business-cum-commercial
basis. Preference to prison products, while purchasing articles for office
use, should be given by the various government departments.
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The work programmes should also include essential institutional

maintenance services like culinary, sanitary and hygienic services, prison
hospital, other prison services, repairs and maintenance services.
Prison work programmes should consist of services required by the
community such as construction work, masonry, carpentry, plumbing,
electric fitting, tailoring, fabrication of ready-made garments, leather
work, driving, prison servicing, agriculture, horticulture, dairy, poultry,
floriculture, maintenance of diesel engines, maintenance of electric pumps,
tractor repairing, automobile servicing and repairing, cane work, basket
making, pottery, book binding, typing, computer-operating, handicrafts,
stenography, cloth printing, embroidery, hosiery, bakery, namkeen
making, paper making, printing, weaving, soap making, candle making,
toy making, sewing machine repair, food processing, etc.
Every prisoner, on being first put to do any kind of work with which
he is not acquainted, shall be allowed a reasonable time to acquire the
necessary skills, to enable him to perform the task. Mental and physical
capabilities must be taken into consideration. The time will vary from
a few days to three to four months. In every case, when allotting new
work, the Superintendent, or subject to his control the Factory Manager or
Deputy Superintendent, shall note the task the prisoner begin, and every
subsequent progress, in his History Ticket. Every inmate should be given
training and work experience in the use of hand tools in different services,
jobs and production units.
Every prisoner sentenced to undergo simple imprisonment shall
ordinarily be employed on hard labour of a kind that is most suitable for
him and for which he/she is, for the time being, fit. No convict shall be put
on medium labour if he/she is fit to perform hard labour, or on light labour
as long as he is fit to perform either hard or medium labour.
Provided that no prisoner of the casual class shall ordinarily be
required to perform hard labour during the first month after his/her
admission to prison. Every convict of the habitual class shall, throughout
the period of imprisonment to which he/ she is sentenced, be required to
perform the severest form of hard labour which he is capable of performing,
with due regard to his/her health.
No consideration of profit or convenience shall be permitted to
influence the class or form, of labour which any convict sentenced to
undergo rigorous imprisonment is at any time required to perform. It shall
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be fixed with reference solely to the health of the convict and the regulations
of the prison regarding the employment of prisoners.
A standard list of equipments, tools, accessories and spare parts,
which each production unit must always have, should be prepared and
maintained.
In every institution there should be a separate and properly organized
maintenance workshop to repair the machinery and equipment in time and
to prevent breakdown. Products manufactured by prison industries should
be varied/changed depending on market trends and demands.
The organization of accounts and inventory should be modernized
on business lines.
Standardisation of Products
Various products of prison industries should be standardised. A
handbook containing details of standardization, and the manufacturing
process of various production units, should be prepared for the guidance
of personnel.
Catalogues of standardised products of prison industries should be
prepared for securing orders from the market for various production units.
Technical supervision should be improved and a system of
quality control introduced at every stage of production, so that market
competitiveness can be maintained.
Costing of prison products should be done on a rational basis taking
into account various limitations and handicaps of prison management. The
percentage of profit should not be the motive behind production by prison
industries.
Showrooms should be opened outside the prison gates, and at other
places, for promoting sale of products of prison industry. A brochure
should also be kept in which information is provided to the public about
the products being sold along with their rates.
Targets of Production for Prison Industries

The targets of production for each unit for the ensuing year should
be fixed in accordance with the employable inmate population and
production potential of the unit. These targets should be communicated to
the respective institutions in advance. The unit’s production, according to
the target, should be reviewed on a monthly basis.
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It should be the responsibility of the Superintendent of Prison to meet

the targets of production as set above.
The task sheet of each prisoner should be correctly maintained by the
technical personnel in-charge of the production units.
Wages
Wages should be fair and equitable and not merely nominal and
paltry. These rates should be standardized keeping in view the minimum
wages given as notified by the government from time to time.
With a view to keep the wage system in prisons in harmony with that
in the free community, the wages should be reviewed once in every three
years and revised whenever necessary.
A portion of wages payable to the convict should be deducted for the
victim or his family in accordance with rules to be framed for this purpose
by the State Government.
The wages should be deposited in the prisoner’s saving bank account
on a fixed date every month and the passbook shall be kept with prisoner
concerned.
Safeguards for Prisoners Engaged in Work

The following facilities should be provided in work-sheds and other
places where prisoners work:
(i) Protection from heat, cold, rain, dust, smoke, fumes, gases and
chemicals,
(ii) Protection from seepage and dampness,
(iii) Safe drinking water,
(iv) Spittoons, urinals and latrines,
(v) Washing and bathing facilities,
(vi) First-aid facilities,
(vii) Fire extinguisher and other fire fighting equipment,
(viii) Sufficient ventilation and lighting,
(ix) Safety equipment and accident prevention measures.
The standards adopted in outside factories in this respect should be
adopted in prison factories. These should be fixed in consultation with the
Chief Inspector of Factories;
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Periodical medical examination of prisoners, working in production

units having hazards of occupational diseases, should be carried out.
Payment of compensation to prisoners who meet with accidents
resulting in physical or mental disability, serious injury, death, or loss
of health due to occupational diseases, as certified by the Chief Medical
Officer.
Hours of work for each group of prisoners should be prescribed in
accordance with the programme content of each institution, but total hours
of work should not exceed nine hours in a day.
A daily time schedule should be worked out for each institution.
Prisoners may be allowed to work in the production unit after the
locking time depending upon the work-load.
Tasks to be Imposed on Female and Adolescent Convicts

The tasks to be imposed on females or adolescent convicts respectively
shall not, in any case, exceed two-thirds of the maximum task for hard and
medium labour, prescribed in respect of adult male convicts.
Female Prisoners not to Work Outside Female Enclosures

No female prisoner shall, under any pretext, be employed outside the
female enclosure of any prison.
No Prisoner to be employed for Private Work

No prisoner shall, at any time, be employed by any officer of the
prison, or any other person, for any private work or service of any kind
whatsoever.
Execution of Work for Outside Agencies

Private parties/industrial units can be allowed to approach prisons
to get their manufacturing work done by prison labour inside the prisons
if capacity and know-how for such manufacture is available. It should
be ensured that appropriate wages and other expenses are paid by such
private parties and industrial units.
Yearly Audit of the Accounts

The accounts of the production/work unit will be systematically
audited by the government auditors for each financial year.
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Agriculture
Following infrastructural facilities in terms of agriculture should be
made available to the prisoners:
(i) Agriculture, agro-based industries and other allied activities should be
given high priority in the planned development of work programmes
and vocational training in correctional institutions.
(ii) The land available with an institution should be thoroughly surveyed
in terms of soil analysis, availability, fertility, salinity, and requirement
of drainage, so that it is put to optimum use. The help of Block
Development Officers, officers of the State Agriculture Department
and other allied agencies should be taken in this regard.
(iii) Each new prison building in rural areas should have a properly
fenced farm wherever land for this purpose is available.
(iv) It should be ensured that proper irrigation facilities are available at
the farmland.
(v) The required building structure should be constructed on each farm
and internal roads should be laid.
(vi) All required farming equipment and spare parts should be made
available at each farm. A maintenance shop should also be set up in
large farms.
(vii) Prisoners detailed for labour at agricultural farms should be
distributed at various places in the farm by forming groups, with a
leader nominated for each group.
(viii) Guidelines should be issued by the Prison Headquarters stating
the eligibility criteria of an inmate who may be deployed on open
agricultural farms.
(ix) The subsidy available to the farmers for purchasing fertiliser,
equipment and electricity should also be made available to prison
farms.
(x) Adequate funds should be provided for development of agriculture
and allied activities and its accounts should be maintained separately.
(xi) Requisite security personnel should be provided at each agricultural
unit and their duties and responsibilities should be clearly laid down.
(xii) The farm products should be first consumed in the prison and the
remaining should be sold to the government departments and in the
open market.
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(xiii) The efficiency of each unit should be evaluated annually in terms of

the targets fixed and achieved.
(xiv) The number of prisoners employed in farming activities in closed
prisons should not exceed 5% of total prison population.
(xv) Prison personnel should be imparted training in various aspects of
agricultural and allied activities.
(xvi) Bio-gas plants, windmills, solar-cooking ranges, etc., should be
introduced in the prison farms.
(xvii) Costing of agricultural and other produce should be done on strict
commercial basis.
(xviii) Open agricultural institutions, and institutions having attached
agricultural farms, should diversify work programmes according to
cropping schemes such as mixed farming, irrigated crops, dry farming,
etc. In some open prisons work can be diversified into agricultural
activity, industrial units and agro-based production units.
Dairy and Poultry Farms

Dairies should be developed on open prison farms on commercial
lines under proper technical guidance. These should not be operated from
closed prisons.
Poultry farms should also be organized at open farms. These should
be run on commercial lines under proper technical supervision.
Welfare of Prisoners
Basic Elements of Welfare Programmes
The objects of welfare programmes in prisons should be to:
(i) Develop a relaxed, positive and constructive atmosphere in the
institution,
(ii) Ensure good personnel-inmate relationship based on mutual trust
and confidence,
(iii) Ensure care and welfare of inmates,
(iv) Ensure firm and positive discipline,
(v) Attend to immediate and urgent needs and problems of inmates,
(vi) Attending to long term needs of prisoners,
(vii) Help the inmates maintain regular contact with their families, and
communities in the outside world,
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(viii) Ensure a good system of incentives for self-discipline such as

remission, leave, transfer to semi-open and open institutions, and
premature release,
(ix) Provide individual guidance and counselling,
(x) Encourage group activities, group guidance, group work,
(xi) Implant proper habits, attitudes and approaches and prepare them
for a normal social life,
(xii) Provide supportive therapy including Psychotherapy,
The starting point of all welfare programmes shall be the initial
classification of the prisoner and the study of individual inmates. The
welfare programme should include periodical review of progress and
re-classification of prisoners, review of sentence and pre-mature release,
planning for release, pre-release preparation and after-care. Positive
influence of institutional personnel will play an important role in this
process. Community participation will be an important feature of welfare
programmes.
Counselling
Counselling facilities should be extended to the prisoners as follows:
(i) The mental status of a prisoner should be studied before his
classification at the time of admission in the prison,
(ii) If a prisoner is depressed he should be given counselling by the prison
staff/Welfare Officer/Psychiatrist, or by N.G.Os., or by some other
authorized person.
(iii) A depressed prisoner should be kept under strict watch by the prison
staff.
(iv) If counselling is having no effect on the mind of a prisoner he/she
should be treated by a Psychiatrist.
Psychotherapy
Psychotherapy should be used in prisons as it has been recognized
as an effective measure for the treatment of prisoners suffering from some
degree of mental disorder and defects.
Guidance
Pamphlets containing the rights, duties, entitlement, discipline and
daily routine of a prisoner should be printed and distributed so that a
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prisoner may follow the `dos’ and `don’ts’ and maintain discipline during
his/her confinement.
The above literature should also be kept in the prison library and
issued to prisoners who can read.
Illiterate prisoners should be made to understand the contents of the
literature by the prison staff themselves or with the help of other literate
prisoners engaged for educational programmes.
Recreation, Sports, Cultural Activities, Films, Library

Cultural and recreational activities should be organized in all
institutions for maintaining the mental and physical health of prisoners.
These activities are the basic elements of rehabilitation programmes for
prisoners. These should form the integral part of an institutional regime.
Recreational and cultural activities should be organised depending
upon various conditions such as availability of space, the climate and
weather, composition of inmates and arrangements for security. Such
activities can include:
(i) Outdoor games like, cricket, kabaddi, wrestling, volley ball,
badminton, football and basket-ball.
(ii) Gymnastics.
(iii) Indoor games like Chess, Ludo and Carom.
(iv) Film Shows: Historical, patriotic, biographical, scientific and
educational films, travelogues, documentaries, newsreel, and films
dealing with social themes should be shown. Films depicting crime,
sex, violence, suspense, and such other subjects that may have a
damaging effect on the minds of inmates should not be shown to them.
Each Central and District prison, and Kishore Yuva Sadan, should
have a film projector for showing films to the prisoners/ inmates. A
library of good films should be developed at the headquarters of the
Inspector General of Prisons and Director of Correctional Services
and these films should be circulated to various institutions. Close
liaison should be established between the Department of Prisons
and Correctional Services and the Films Division, Department of
Information and Broadcasting, Film and T.V. Institutions, Film
Societies and other organisations which can supply good films for the
inmates.
(v) Music: Music has a special significance in the confined atmosphere
of a prison. It can bring relief to lonely, distressed and unhappy
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inmates. It can relieve boredom and promote interest in institutional

programmes. Music programmes could consist of radio music,
recorded music, group singing, folk music, instrumental music and
orchestra.
(vi) Community and folk dances: Group and Folk dances could be
performed on festivals and social occasions.
(vii) Drama: Useful social values and models of behaviour can be presented
before the inmates through dramatic performances. Dramas dealing
with social problems, pageants, musical dramas, tableau, soliloquies,
dialogues, radio plays and humorous skits could be performed for
the benefit of inmates. Inmates themselves can be encouraged to take
part, and organize these activities.
(viii) Arts and crafts: Arts and crafts can play an important role in
imparting useful values to prisoners. The prisoners can maintain
their individuality through these activities. Such activities can also
serve as supportive therapeutic measures in the monotonous life of a
prison.
(ix) Prisoners can be provided with necessary facilities for pottery,
basket making, wood carving, carpentry, marquetry and veneers,
wood turning, fret-work, leather-work, home decoration, lamp-
shade making, metal-craft, plastics, toy-making, artificial flower
making, horn-craft, clay-modelling, lacquer-work, drawing, painting,
stenciling, paper-craft, papier-mache, rug making, felt-work, knitting,
embroidery, needle-work, crochet, etc.
(x) Reading: Inmates can be encouraged to read books, newspapers and
magazines. Group reading and guided reading can also be useful for
them.
(xi) Television: This is the biggest entertainer for prisoners. The channels
to be shown, and their timings, should be carefully selected by the
Superintendent of Prison.
Every prison and allied institution should have an annual sports/
cultural meet. Inter-Institution and Inter-State sports meets of inmates
should also be organised. The sports groups from outside could be invited
into the prison for playing various games with the prisoners.
Yoga and meditation should be daily practised for which the hours
should be fixed. Permanent centres of meditation could be opened inside
the prison. The services of N.G.Os. could be availed in this regard. It should
be ensured that discourses during meditation sessions are secular in nature.
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Well known personalities in the fields of art, sports, literature, culture

and music should be invited to the prison as guests on various occasions to
inspire the prisoners and be role-models for them.
There shall be a play ground for outdoor games and a community
hall for cultural programmes in every prison.
Role of N.G.Os.
N.G.Os. should be extensively involved in organising sports and
cultural meets. They could be encouraged to lend various items and
equipment for the smooth conduct of such events.
Care shall be exercised in the selection of welfare agencies/N.G.Os.
for carrying out welfare programmes. Only those N.G.O.s/welfare
agencies which have a proven track record, and which are known for their
dedication and selfless service, should be selected for associating in prison
programmes.
No member of a Welfare Agency/N.G.O. shall be associated with a
prison if he/she has a criminal record. For this purpose an undertaking
may be obtained from the Agency/N.G.O.
The good work done by welfare organizations and N.G.O.s in prisons
should be publically appreciated.
Prisoners’ Panchayat
Every prison and allied institution should have prisoners’ panchayats.
These panchayats should consist of very carefully selected inmates, who
are of good conduct and who have the potential and ability to organize
events and activities. These panchayats should plan and execute daily
recreational programmes for inmates. This will give the prisoners a sense of
participation in the prison management, which is an important component
of any policy of welfare and reformation. These panchayats should also be
used for giving the prisoners an opportunity to express their problems and
seek redressal.
The working of these panchayats should be continuously monitored
by the prison administration. The Superintendent or Dy. Superintendent
of Prison should as far as possible personally participate in the panchayat
meetings.
A ‘Mahapanchayat’ of all the panchayats should be held in the
presence of the Superintendent at least once in a quarter for the redressal
of prisoners’ grievances and implementation of their suggestions. The
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Inspector General of Prisons should also participate in such Mahapanchayat

in different prisons in the State from time to time.
Celebration of Festivals
Independence Day, Republic Day and Mahatama Gandhi’s birthday
should be celebrated in each prison to inculcate a feeling of patriotism
among the prisoners. Cultural programmes could also be organised on
such occasions and special food can be served to the prisoners.
The main festivals of all religions should be celebrated. In these
every prisoner should be encouraged to participate. Any special treatment
to a group of prisoners belonging to a particular caste or religion is strictly
prohibited.
Spiritual Development
Well known personalities from all religions should be invited to
deliver lectures to prisoners for their moral upliftment. The help of N.G.Os.
and welfare agencies could be taken in this regard. It should be ensured
beforehand that the content and tenor of such lectures is not such as would
cause resentment among people of other religions.
No undue interference with the religion or caste prejudices of
prisoners should be permitted. Every prisoner should be allowed to perform
his devotions in a quiet and orderly manner.
Implementation of Welfare Activities

The Superintendent shall be responsible for the smooth and orderly
implementation of welfare activities in the prison.
The Superintendent shall submit quarterly reports of welfare activities
being conducted in his prison to the Inspector General of Prisons.
After Care and Rehabilitation

The process of after-care and rehabilitation of offenders is an integral
part of institutional care and treatment. These two should never be de-
linked. The after-care of a prisoner is an extension of the institutional
treatment programme; hence the administrative machinery for carrying out
these programmes should be effectively integrated with the department of
prisons.
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It is clear that after-care, and follow-up service is not required by each

and every inmate leaving the prison. A large number of prisoners coming
from the rural areas and agrarian and business communities are generally
accepted back into their family. They are reassimilated in the social milieu
without much difficulty. They require only some continued contact with
their kin and some pre-release counselling to bridge the gap between their
life in the prison and that in the free society.
There are other prisoners who resist follow-up action as they consider
it a kind of surveillance on them. But majority of the inmates would
welcome such programmes which help them settle in the society after their
release, and get themselves rehabilitated beyond the possibility of reverting
to crime.
Objectives
The objectives of the after-care services are:
(i) Extending help, guidance, counselling, support and protection to all
released prisoners, whenever necessary.
(ii) Helping a released person to overcome his/her mental, social and
economic difficulties.
(iii) Helping in the removal of any social stigma that may have been
attached to the inmate or his/her family because of his incarceration.
(iv) Impressing upon the individual the need to adjust his/her habits,
attitudes, approaches and values to a rational appreciation of social
responsibilities and obligations and the requirements of community
living.
(v) Helping the individual in making satisfactory readjustment with his/
her family, neighbourhood, work group, and the community.
(vi) Assisting in the process of the individual’s physical, mental,
vocational, economic, social and attitudinal post-release readjustment
and ultimate rehabilitation.
Process
After-care services should be extended to all needy persons released
from prisons, conditionally or unconditionally or on license. A minimum
of five years of imprisonment should be necessary to enable a prisoner to
avail after-care services.
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After-care problems of an individual should be treated in their

totality and not in isolation. Not only the individual but his/her whole
social situation must be tackled at the same time.
After-care work should broadly be phased as follows:
(i) While the individual is under institutional care and treatment
(ii) Immediately after release from the institution
(iii) Post-release period.
There should be full coordination between the Correctional Services
and the after- care services.
While extending help, the after-care services should devote special
attention to the protection and post-release care and help of children,
adolescents, women, sick, old, infirm and handicapped persons. Special
emphasis should be laid on the after-care of habitual offenders, if they so
request.
Planning
Planning for after-care should be initiated immediately after an
inmate’s admission in the institution. After-care should be in the interest of
the individual, and based on his/her needs. The Classification Committee
should plan after-care programmes. While planning post-release assistance,
factors like the inmate’s personality, his weaknesses and strengths,
limitations and capabilities, and his/her rehabilitation needs should be
taken into consideration. The inmate’s desires for post-release help should
be considered on a practical and realistic basis.
The inmate should be told what type of assistance would best suit
his/her needs. He/she should be encouraged to plan his/her post-release
life, as this would be helpful in his/her willing acceptance of the after-care
plan. He/she should be prepared for his post-release life.
From the time of a prisoner’s admission into prison, consideration
should be given to his/her post-release needs and he/she should 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/her family and his/her own social rehabilitation. Special
attention should be paid to the maintenance and improvement of such
relations between a prisoner and his/her family, as are desirable in the best
interest of both.
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Functioning of a Welfare Officer

The Welfare Officer should contact the inmate during his/her
admission-quarantine period. Such an early contact will be helpful in
planning over-all help for the inmate and his/her family. The Welfare
Officer should meet the inmate at least once a month throughout his/her
stay in the institution.
The Welfare Officer should extend all possible assistance in
maintaining the inmate’s continued relationship with his/her family,
employer and community. The welfare of the family members and
dependants of offenders, as well as of their victims, should be looked
after.
The Welfare Officer should be associated with the prisoner's welfare
services at the headquarter level.
The Role of N.G.Os

The participation of N.G.Os. in the rehabilitation programmes should
be extensively encouraged. Voluntary organisations, which wish to help the
government in rehabilitation projects, should be given necessary financial
and other help. Their services should be given due appreciation by the
Inspector General of Prisons.
The public should be educated about the need for rehabilitation of
ex-prisoners through print and audio-visual media.
Continuous liaison should be maintained with the agencies/
individuals which are willing to give employment to the released prisoners.
Scope of after-care assistance

The following matters should be kept in view while planning after-
care assistance or help to released prisoners:
(i) Subsistence money to cover initial expenditure after release, till
such time as the released person reaches his/her family or obtains
employment.
(ii) Provision of food.
(iii) Temporary accommodations till housing arrangements are made.
(iv) Stay in a District Shelter/After-care Hostel/State Home, wherever
available.
(v) Assistance in securing housing in urban areas.
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(vi) Assistance in securing apprenticeship in a workshop/technical

institute/ industry/trade.
(vii) Supply of artisan’s tools or trade equipment.
(viii) Assistance in starting a cottage industry, any small business trade, a
small or a stall.
(ix) Assistance in getting employment
(x) Assistance in getting land, agricultural equipment, draught or milk
cattle, and seeds for those opting to take up agriculture
(xi) Assistance in starting a small dairy, poultry, duck, or sheep farm/
piggery/ vegetable gardening/seri-culture/bee-keeping.
(xii) Liaison with and assistance to prisoner’s family during the period
he/she is serving a prison sentence.
(xiii) Help in maintaining continuity in relationship with family,
neighbours, employers and community.
(xiv) Preparing the family, employer and neighbours for receiving the
individual after release.
(xv) Guidance in getting married and setting up a home and resettling in
life.
(xvi) Liaison with local police so that he/she is not harassed unnecessarily.
Family or Marital Adjustments

The following adjustments would be required:
(i) Explaining to the police the background and problems of the
individual and getting help and cooperation from the police in the
process of resettlement.
(ii) Communicating to the Panchayat/Community Development
authorities about the background, problems and needs of the
released person. Getting the cooperation and help of the Panchayat,
Community Development Officer, National Extension Service
Worker, and Gram Sevak, in the resettlement of a prisoner.
(iii) Reference to a Social Service Organisation in the neighbouring area
where the prisoner is likely to settle after release.
(iv) Assistance in continuation of education and vocational training.
(v) Creating interest in education and study. Motivating them to
acquisition and improvement of skills, healthy recreation, and
constructive use of leisure.
255
(vi) Encouragement in building good habits.

(vii) Help in planning and balancing his budget.
(viii) Encouraging thrift and savings. Making them leave costly habits.
(ix) Medical treatment on long-term basis for tuberculosis, venereal
diseases, leprosy and cancer, in an outside hospital.
(x) Posting the released person under the care of a person or family
interested in his welfare and resettlement.
(xi) Protection from getting associated with anti-social groups, agencies
of moral hazards (like gambling dens, drinking places and brothels)
and with demoralised and deprived persons. Help in establishing
contacts, acquaintance and friendship with reliable neighbours, co-
residents or co-workers.
Legal Aid and Protection

The following aid and protection may be required:
(i) Help in all matters relating to the resettlement and rehabilitation of
the released person.
(ii) The After-care agency should be closely associated with the planning
of the after-care programme for the inmate.
The plan of after-care of a prisoner should be subject to such changes
as would be found necessary by the after-care service.
The Welfare Officer should intensify his work during the pre-release
period. He should maintain all the prescribed records under the direction
of the Superintendent.
After release from the institution, the case of a released person should
be followed up for a period ranging from one to five years according to the
requirements of each case.
The Welfare Officer shall establish follow-up study through interviews
or correspondence. A six-monthly report evaluating the released person’s
adjustments and resettlement should be prepared by him and copies
of it should be sent to the correctional institution where the individual
had undergone treatment and to the record branch in the headquarters
organisation.
The record branch in the headquarters should maintain all the case
files and follow-up reports according to the central indexing system.
256
Eligibility
Only a convict who is sentenced to five or more years of imprisonment
should be brought under the ambit of after-care and rehabilitation
programmes.
Formulation of Schemes
The Industries Department of the government should formulate
schemes for the employment of released convicts in small scale industrial
units.
Big industrial houses should be motivated at the level of the Prisons
Headquarters to give preference in jobs to released prisoners in the interest
of their rehabilitation and social adjustment.
Keeping in view the special needs of prisoners, literature for
inculcating new set of values and attitudes in them should be prepared.
Every prisoner (including undertrial prisoners) should be offered a suitable
educational programme during his stay in the prison.
Education should be a compulsory activity in prisons. At least one
hour a day should be earmarked for this purpose. Every Central and
District prison should have a regular school where prisoners can attend
educational classes in shifts. For undertrial prisoners and for prisoners
sentenced to short terms of imprisonment educational classes should be
organized in yards/enclosures where such prisoners are kept.
This would facilitate the organization of regular educational classes
for prisoners who are required to undertake educational programmes on
a short, medium or long-term basis. Every prison should organize adult
educational programmes in collaboration with the education department
of the State/Union Territory. Educational activity in prisons should be
organized at different levels, for example:
(i) For the illiterate;
(ii) For the neo-literate;
(iii) For the semi-literate;
(iv) For the literate: and
(v) For those desirous of getting higher education.
The school in prison should be properly staffed with trained personnel.
Facilities like proper class rooms, educational equipments, charts, maps, etc.
should be provided. Inmates who have reached a certain stage of education
257
should be allowed to continue their education. They should be allowed

to join schools/colleges subject to rules made in this regard. They should
be allowed to appear at Board/University examinations, to take language
examination, etc. under correspondence course schemes. Special attention
should be paid to the development of suitable educational programme for
women prisoners.
Programmes of adult education, social education and moral education
should also be organized in sub-jails. Literate inmates whose conduct is
good should be given training in imparting education to other inmates.
Such trained inmate-teachers should assist the educational personnel of the
institution in organizing diversified programmes of education. However,
habitual offenders, professional and sophisticated criminals should not be
selected for working as inmate teachers. Prison schools must be properly
equipped. Facilities such as text books, coaching for preparations for
examinations, permission to appear for external examinations, facilities for
self-study, correspondence courses, guided reading, financial assistance
in deserving cases for continuation of education should be extended to
inmates.
Tests and examinations should be conducted and certificates awarded
by the education department of the State/Union Territory.
Every prison and allied institution should have a proper library with
sufficient number of newspapers, periodicals and books. From the main
library, reading material should be circulated to each yard/enclosure.
Books from the local libraries should be borrowed and circulated to the
inmates. Continuity of contacts of prisoners with their family members
and the community should be maintained. Incentives of remission, leave,
transfer to semi-open and open institutions, pre-mature release, etc should
be judiciously used to promote self-discipline and modification of behaviour
of inmates.
Techniques of case work, group work, individual and group guidance
and counselling should be applied in prisons as measures of treatment of
offenders. Prison personnel should be trained in these techniques.
Recreational activities
Cultural and recreational activities should be provided in all institutions
for the benefit of the mental and physical health of prisoners. These activities
are basic elements of the rehabilitation programme for inmates. Therefore,
these facilities should form integral part of the institutional regime.
258
Recreation and cultural pursuits should also be considered as important

factors in the social development of the inmates. Prison Department of
Madhya Pradesh has started this practice of organizing Bandi Diwas in
which games and sports along with cultural programmes are organized for
the prisoners and also for the prison staff both individually as well jointly
with encouraging results to boost up their morale and to develop positive
environment for their reformation and rehabilitation.
The same could be considered by other States with such modifications
as needed to suit the local conditions. Every prison and allied institution
should have a committee for recreational and cultural activities. This
committee should consist of very carefully selected inmates who are of good
conduct and who have the potential and ability to organize such activities.
These committees should plan and execute daily recreational programmes
and special celebrations on national holidays and festivals.
The effect of good recreational and cultural projects can be just as
constructive as that of good education and vocational training. Cultural
and educational activities should be well coordinated. The inmates can be
socially educated through cultural programmes. Sufficient time in the daily
programme should be allowed for recreation activities so that the prison
inmate gets well rounded and properly balanced.
There should be a sufficient variety for choice in cultural and
recreational opportunities, so that as far as possible all the inmates of various
age groups and interests can participate in these programmes. Cultural and
recreational activities should be so organized as would be within the range
of interests and abilities of inmates. Recreation through small size groups
would prove of special value in the institutional set-up because of the spirit of
cooperation and competition fostered by it. The Inspector General of Prisons
of each State/Union Territory should formulate a plan for recreational and
cultural activities for each institution taking into account the requirements
of homogeneous groups of prisoners. Facilities available at each institution
should be fully utilized and additional facilities, wherever needed, should
be created so that recreational and cultural activities become a vital part of
the treatment programme.
Recreation should be properly designed and planned. It should also
be adequately guided and supervised. Necessary personnel for this purpose
should be earmarked in each institution. Services of District Sports Officer
and NGOs may also be enlisted to make the recreation programme in the
prison interesting to and purposeful for the prisoners.
259
The facility of recreational and cultural activities should be extended

to prisoners in accordance with their response to institutional regime.
Appropriate recreation and cultural activities should be provided in
prisons depending upon various conditions such as availability of space,
composition of inmates and arrangements of security.
Vocational Training
Vocational training programmes should be designed to suit the needs
of prisoners sentenced to short, medium and long terms of imprisonment.
Training projects should be planned as follows:

(i) Apprenticeship training: A sort of introduction and orientation to
the work initially allotted to an inmate;
(ii) On-the-job training: Placement of an inmate, after apprenticeship
training, in production unit for on-the-job training to be imparted by
technical personnel In-charge of the production unit
(iii) Vocational training: regular training in a particular craft, trade,
industry or job which can offer opportunities of self employment to
the inmates after their release from the prison. Training programmes
should be designed for inmates, both men and women, between the
age group of 18 and 45 years as they stand the possibility of deriving
maximum benefit out of such projects.
Special training projects for women offenders, illiterates, semi-
literate and dropouts should also be designed with a view to benefiting
them in their vocational skill upgradation. Vocational training projects
should consist of class-room instruction, training, demonstrations, exercise
in observation, practical work and audio-visual education. Details about
the duration of each training course, syllabus and time schedule should be
worked out by the committee to be constituted by the Directorate of Prisons
for this purpose.
With a view to developing training programmes on a practical and
pragmatic basis, liaison should be established with the Department of
Technical Education, Directorate of Industries including Cottage Industries,
Industrial Training Institutes, Polytechnics and other Vocational Training
Institutions. On completion of vocational training courses, inmates should
be examined by the Department of Technical Education of the State/Union
Territory concerned and on successful passing of the examination they
should be awarded a regular certificate by that Department.
260
As a measure of incentive, inmates demonstrating good progress

in work programmes and vocational training should be allowed to visit
important undertakings and other government owned industries. Prisoners
sentenced to medium and long terms of imprisonment should be given
training in multiple skills so that they are able to compete well within the
conditions of labour market in the free community.
Work Camps and Work Centers should be developed in areas of
community service such as
(a) maintenance of public buildings;
(b) services in government hospitals;
(c) construction of public buildings;
(d) Service units (plumbers, electricians, carpenters, etc.);
(e) Plantation of trees;
(f) Work in public undertakings; and
(g) Railway work camps, etc.
Prisoners sentenced to less than one year should be employed in
prison maintenance services, work centres and work camps. Prisoners
sentenced to one year or more should be employed in production units
in closed or open prisons. Adequate sale promotion of products of prison
industry presupposes that the show-rooms open to public should be
established outside prison gates. The prison department should also
actively participate in various exhibitions to display its products at the state
and region levels which will fetch them remunerative rates for the products
of prison industry/production centre.
(ii) Rehabilitation after Release

Ex-Prisoners Aid Societies should be organized in each district and
also at the level of the State/Union Territory to help in the rehabilitation
and reassimilation of released prisoners. These societies could organize
After-Care Homes or Transit Camps for such released prisoners as do
not have any place to go to immediately on release. They could also keep
regular contact with prospective employers in order to help ex-prisoners in
finding a job.
(iii) Involvement of Community

Public participation in corrections can take two forms:
(i) Community-based treatment programmes for the deviants, and
261
(ii) Involvement of the community with institutional correctional

work, After-care and rehabilitation of offenders.
The objective in both these forms of public participation is the
same, i.e., to motivate and help the offender to reassimilate himself in the
society as a normal individual after his release. The first kind of public
participation, namely, community-based correctional programmes, have
grown out of the increasing change in emphasis on penal philosophy from
one of punishment to that of reformation.
The goal of protection of society, it is held, can be achieved better
by reclaiming the offender rather than by imposing on him temporary or
permanent restraints. Segregation of the offender from the community
is justifiable only from the point of view of public safety. The process of
community-based correction essentially requires that the treatment of the
offender be conceived within the normal interactions of a free community.
Community-based correctional programmes embrace any activity in
the community directly addressed to the offender and aimed at helping
him to become a law-abiding citizen. Such a programme may be under
official or private auspices. It may be administered by a correctional agency
directly or by a non-correctional service.
We can succeed in controlling crime effectively if public awareness
with regard to the role and responsibility of the community in the prevention
of crime and treatment of offenders is generated by systematic and sustained
efforts of basing the treatment of the offenders in the community itself and
by encouraging the community to participate actively in the reclamation
process of the criminal. The society has a duty towards him – the duty
of building in him a stronger resistance for evils and an attitude of self-
dependence. The community can demonstrate to him through examples
and precepts and through normal social interactions that he can get what
he needs through righteous means and lawful methods.
Through an intensive public education drive the society should be
made aware of the role it can play in the prevention of crime and treatment
of offenders. The Public Relations Cell at the Prison Headquarters should
be made responsible for public education drive and the entire community of
correctional workers should be involved in it. Some of the specific functions
of this cell should be
(a) to inform the public about various correctional programmes and
activities conducted by the department;
262
(b) to convince people that the money spent on these programmes is not
just an unproductive and useless expenditure, but is a very valuable
investment to strengthen the system of social defence through
correctional programmes;
(c) to disseminate information about the aims, objectives, achievements,
problems and shortcomings of correctional system so as to elicit
healthy suggestions from the public; and
(d) to mobilize public support for correctional and rehabilitative
programmes and stimulate the interest of well-known public spirited
citizens who can strengthen such programmes by lending their
personal prestige and status to these programmes.
Voluntary Social Service Institutions should be especially helped to
come up for the protection and welfare of children and youth. The Juvenile
crime is primarily the result of neglect of juvenile members by the society. The
community, therefore, assumes responsibility for the problems it generates.
It should come forward to reconcile the deviant with the mainstream of
the society through voluntary help. Voluntary organizations in this sphere
can help children and youth facing moral danger by extending them legal,
moral and material help. There is an immense scope for work by voluntary
agencies in the treatment, aftercare and rehabilitation of offenders. There
have been several examples in India as well as in other countries where
eminent persons in the fields of education, medicine, law, psychology,
social work and other have rendered invaluable service to correctional
institutions.
Such participation in India has, however, been sporadic and
unorganized. It needs to be organized on a systematic basis so as to make it
an integral part of the institutional management, institutional correctional
programmes and other governmental action in the field of aftercare and
rehabilitation. The modalities for the utilization of voluntary services
organizations (NGOs) in these spheres could be many. Here we are giving
only some examples:-
(a) The services of experts in education, medicine, psychiatry, law,
social work, journalism, etc., could be utilized in the formulation of
correctional policy by associating them with advisory committees at
the national and state levels.
(b) Eminent citizens interested in correctional work could be appointed
as visitors to prisons or as prison correspondents for a regular and
unprejudiced feedback to the State and Central Governments about
263
the conditions prevailing in correctional institutions and the problems

faced by them. They could also be appointed as non-official members
on Sentence Reviewing Boards for district and central prisons.
(c) The services of existing voluntary organizations/associations
(NGOs) can be utilized in prisons and other allied institutions for
organizing such activities as :
(i) Adult education programmes;
(ii) Free legal-aid programmes;
(iii) Health camps for general check-up of inmates against dental,
ophthalmological, skin and sexually transmitted diseases and
for general pathological tests;
(iv) Recreational and Cultural Activities;
(v) Individual coaching to inmates pursuing higher studies.
(vi) Promoting sale of products of prison industry.
(d) Community groups can be organized as 'Friends of Prisoners’:
(i) To organise functions on national days and other festivals in
prisons and allied institutions;
(ii) To work for reconciliation between prisoners and their victims
or between prisoners and their own families so as to facilitate
their smooth return to homes after release and readjustment;
(iii) To provide Foster Homes for the dependent children of prison
inmates;
(iv) To collect books, magazines and journals and distribute them to
prison inmates for their leisure-time reading;
(v) To visit prisons to spend some time with small groups of
prisoners to help them in easing their tension and to afford
them an opportunity to open up and express their feelings;
(vi) To extend counselling and guidance to inmates for their current
problems and future rehabilitation;
(vii) To organize lectures and audio-visual demonstrations in
prisons on secular moral topics and on social education for
the benefit of inmates. University’s Departments of Sociology,
Psychology, Criminology, Law, etc., and Schools of Social Work
can be gainfully associated with such voluntary participation.
(e) Private employers in such trades as form part of prison work
programmes could be invited to prisons to see the training
programmes aimed at their skill building. Such visits are likely to
264
dilute their apprehensions about ex-prisoners and might induce them

to employ ex-offenders in their establishments.
(f) Prisoners should be given opportunities (depending on their response
to reformative treatment) to go outside the prison to take part in
games, sports, public functions, public examinations, and radio
and TV programmes. This facility should, however, be extended to
inmates exhibiting exceptionally good conduct so that it may also act
as an incentive to others to behave well.
(g) The services of well-behaved prisoners should be utilized for various
kinds of voluntary community services.
265
Sl. Subjects under the provision of Existing Provisions View Point Amendment Suggested by the Commit-
No. Prisons Act tee
Main Subject Sub Subject
1. Employment of Employment of (1) Civil prisoners may, with the The Committee agrees with the The Committee recommends insertion of
Prisoners Civil Prisoners Superintendent's permission, spirit of this provision. following redrafted provision to replace
(Section 34) work and follow any trade or the existing provision:-
profession.
(2) Civil prisoners finding their However, the Committee feels (1) Civil Prisoners may, with the permis-
own implements and not main- that Sub-Clause 2 of this Sec- sion of Superintendent, work and follow
tained at the expense of the prison, tion needs to be amended. any trade or profession available in the
shall be allowed to receive the prison.
whole of their earnings; but the (2) Civil prisoners shall follow such trade
earnings of such as are furnished or profession as are available in the pris-
with implements or are main- ons for which they shall be given wages
tained at the expense of the prison as payable to other prisoners.
shall be subject to a deduction, to
be determined by the Superinten-
266
dent, for the use of implements
and the cost of maintenance.

Employment of (1) No criminal prisoner sen- The Committee agrees with The Committee recommends no amend-
Criminal Prison- tenced to labour or employed on the spirit of this provision and ment to their provision.
ers (Section 35) labour at his own desire shall, agrees to retain it as such.
except on an emergency with
the sanction in writing of the
Superintendent, be kept to labour
for more than nine hours in any
one day.
(2) The Medical Officer shall
from time to time examine the
labouring prisoners while they
are employed, and shall at least
once in every fortnight cause to be
recorded upon the history-ticket
of each prisoner employed on la-
bour the weight of such prisoner
at the time.
(3) When the Medical Officer is
of opinion that the health of any
prisoner suffers from employ-
ment on any kind or class of
labour, such prisoner shall not be
employed on that labour but shall
be placed on such other kind or
class of labour as the Medical Offi-
cer may consider suited for him.
2. Commutation/ Power of Presi- Grant of commutation/remis- The Committee has examined The Committee recommends setting up
Remission dent to grant sion is governed by Article 72 or this issue with reference to the of a State Level Board to review all ap-
pardons, etc., and 161 and Section 432-435 of the legal provisions and reports plications for remission/commutation of
to suspend, remit Cr.P.C.1973 available on this subject. The sentence. It shall be headed by Retired/
or commute sen- Second Administrative Serving Judge of the High Court with
tences in certain Reforms Commission in its DGP/ADGP, Secretary dealing with the
cases. (Article 72 5th Report (page 209-211) has Prison Department, Legal Remembrance
of the Constitu- expressed their views on this to the State Government, Director of
tion of India) subject which are reproduced Prosecution and a Member from one
267
as under:- of the NGOs working in the field of
correctional administration as members.
DG/IG Prisons and Correctional Services
shall be the Member Secretary of this
Board. This Board will meet once in a
month. The recommendations of the
Board will generally be binding on the
State Government. However, in case of
any disagreement from the State Govern-
ment to the recommendations of the
Board, specific grounds in support of this
agreement shall be clearly recorded by
the State Government.
Power of Gov- 7.10.10. In addition, the issue of misuse of
ernor to grant the provisions for parole and for remission of
pardons, etc., and sentences has significant implications for public
to suspend, remit order because indiscriminate and reckless grant
or commute sen- of parole or remission of sentence can impact
tences in certain public order adversely. There is an urgent need
cases.(Article 161 to put in place a non-partisan and professional
of the Constitu- mechanism for taking decisions on these issues
tion of India) rather than leaving it to the discretion of indi-
vidual functionary.
7.10.11 This is of particular relevance given

the recent allegations of abuse of these powers
on partisan and political lines in States like,
Kerala, Andhra Pradesh and Haryana and
also the recent case of an Orissa Police Officer,
whose son, a convicted rapist, jumped parole
in Rajasthan and has been untraced for over
several months now. In Kerala State, a Division
268
Bench of the High Court is currently examining

the power of the Home Minister and the Cabinet
to grant parole to life-term convicts and has
reportedly observed that the relevant provi-
sions in Kerala Prison Rules to grant parole to
convicts is beyond the legislative competence of
the State Governments on the ground that there
is no such provision in the parent Prison Act.
The case itself centre on certain cases of murder
convicts who happened to be workers of par-
ticular political party and who were allegedly
granted parole without justification on partisan
considerations.
7.10.12 Such cases have adverse ramification for public orders as well
as the citizens' respect for the rule of law because they create an im-
pression that influential impression of society can obtain preferential
treatment before the law.
7.10.13 In order to ensure impartiality and uniformity in decision-

making, it is felt that an Advisory Board to be chaired by a retired
judge of the High Court with the State DGP and the IG (Prisons)
as members should be set up to make recommendations to the State
Government on grant of parole to convicts. The recommendations
of the Board should normally be accepted by the State Government.
If the State Government differs with the Board, it should express its
difference of opinion in writing and obtain fresh advice of the Board
before taking a final for grant of remission of sentences, States should
constitute Sentences Remission Boards as advisory bodies so that the
decisions on this issue can be taken in an impartial and judicious
manner.
The Committee agrees to the recommendations of the 2nd Adminis-
269
trative Reforms Commission for creating a non-partisan and profes-
sional mechanism for taking decision on merit for granting parole/
remission, rather than leaving to the decision on the individual
functionaries.
3. After care Services The incarceration of convict in prison The Committee recommends the constitution of following new
and Rehabilitation not only leads to his stigmatization provision to introduce after care and rehabilitation service for the
but also causes his social disorienta- prisoners.
tion owing to his having remained
practically cut off from social inter-
course with the rest of the society.
Loss of job, if employed and loss of
means of livelihood are also the other
ill consequences of the incarceration.
The most important single factor The State Government may provide for such industrial under-
which can facilitate his reintegra- taking in correctional homes as may be considered necessary in
tion with the society and prevent imparting training to prisoners in general and female prisoners
his reversion to the unlawful in particular, in bread-earning avocation such as handicrafts and
activities after release from prison works. having aesthetic value as may help them in after-release
is his economic rehabilitation. life, and may, for that purpose, appoint such number of trainers or
In the organized sector, there is instructors as it may deem.
pronounced hesitation to the em-
ployment of convicts. However, as The State Government shall, with a view to securing the rehabilita-
self-employed entities, they can tion of a released prisoner in the society as a good citizen, grant
reach to the status of economic to him such financial and other rehabilitation assistance in such
rehabilitation as well. This will manner as may be prescribed.
require grooming him with such
productive skills and knowledge Without prejudice to the generality of the provisions of Section 85,
as shall enhance his employability the following categories of released prisoners shall be entitled to
either as self employed or for em- rehabilitation assistance: (a) released prisoners who have attained
ployment with another employer. the age of sixty years; (b) released prisoners who are infirm and
have been suffering from permanent physical who lost their em-
ployment by virtue of imprisonment, showed efficiency in any sort
270
of work or handicraft or art and aesthetics or attained praisewor-

thy educational qualification; (e) unemployed released prisoners.
aged not above thirty years, who have passed the Madhyamik or
its equivalent examination.
There shall be an Advisory Committee consisting of twelve mem-

bers, to be called the State Level Advisory Committee to advise
the State Government in the matter of after-care services to, and
rehabilitation of, the released prisoners.
At present, the Prisoner Act, The State Government shall appoint a person, who has dedica-
1894 does not have statu- tion to care and rehabilitation of, the released prisoners.
tory provision to give effect to
the aforesaid philosophy of The State Government shall appoint a person, who has dedication
promoting the reformation to care and rehabilitation services, as the Chairman of the State
and rehabilitation of prisoners. Advisory Committee and the Director/Inspector General of Pris-
In a number of prisons in the ons and Correctional Services shall be its Member-Secretary. The
country, however, many prison half of the remaining members shall be nominated by the Home
industries are run under State (Jails) Department, Relief and Welfare Department and the re-
specific rules. maining members shall be nominated by the State Government
from amongst the persons engaged in humanitarian and social
Keeping in view the grave services.
importance of this subject and
its role in the rehabilitation and The Advisory Committee shall hold at least three meetings a year.
reintegration of prisoners in the Five members shall be a quorum for a meeting of the advisory
society, the Committee is of the committee.
view that statutory provisions
should be constituted to give The Advisory Committee shall scrutinize the activities of Proba-
an institutional basis to these tion-cum-After-Care Officers and render such guidance as may
271
services. Prisons Directorate/ be necessary.
Inspectorate which has been
proposed to be redesignated as
the Directorate of Prisons and
Correctional Services should
be vested with this responsibil-
ity.
The Committee has also studied

the provision available in the
West Bengal Correctional Ser-
vices Act, 1992 on this subject
and is in agreement with adop-
tion of the same in our Prisons
Act, 1894
Provisions under Uttar Pradesh Prisons and Correctional Services

Act, 2008
EMPLOYMENT OF PRISONERS
Utilization of the services of Prisoners:

(1) The Superintendent may utilize the service of prisoner, in accordance
with the rules, for efficient management of the prison but not for
personal or household work.
(2) The labour in the prisons, wages to be paid for such labour and all
related conditions shall such as may be prescribed by rules made
under this Act.
(3) Prisoners who are required or permitted to work for prison
administration, shall be paid remuneration in such manner as may be
prescribed.
Employment of civil prisoners:

(1) Civil prisoners may, on their own volition and with the permission
of the Superintendent, and subject to such restrictions as the
Superintendent may impose or as may be prescribed, work and
follow any trade or profession available in prison.
(2) Civil prisoners shall be allowed to receive the whole of their earnings
as may be prescribed.
Employment of criminal prisoner:

(1) A criminal prisoner sentenced to rigorous imprisonment, may be
employed with the permission of the Superintendent subject to such
restrictions as may be prescribed in the rules made under this Act.
(2) No criminal prisoner sentenced to a labour shall, except on an
emergency with the sanction in writing of the Superintendent, be
kept to labour for more than eight hours in any one day.
(3) A criminal prisoner sentenced to single apartment or an under trial
prisoner or a prisoner underging sentence in default of fine or for
failing to give surety may be employed for work with his written
consent.
(4) Superintendent shall communicate such consent to the court concerned
and be subject to such order as the court may pass provided that the
court shall not pass any order without hearing the prisoner.
272
(5) The Medical Officer shall from time to time examine the labouring
prisoners while they are employed, and shall atleast once in every
fortnight cause to be recorded upon the history ticket of each prisoner
and medical examine register, the weight of the prisoner employed
on labour.
(6) When the Medical Officer is of opinion that the health of any prisoner
suffers from employment on any kind or class of labour, such prisoner
shall not be employed on that labour but shall be placed on such other
kind or class of the labour as the Medical Officer may consider suited
for him.
(7) Wages determined by the Government shall be admissible to various
categories of labouring prisoners for satisfactory work rendered to
the satisfaction of the Superintendent.
Industrial or vocational training to Prisoners –

The State Government may provide for such industrial undertakings
in prison as may be considered necessary in imparting training to prisoners
in general and female prisoners in particular, in bread-earning avocations
such as handicrafts and works having aesthetic value as may help them
in after-release life, and may, for that purpose, appoint such number of
trainers or instructors as it may deem fit, provided that female prisoners
shall be imparted training separately from male prisoners.
Rights of prisoners
Sick Prisoner:
1. The names of prisoners desiring to see the Medical Officer or appearing
out of health in mind or body shall, without delay, be reported by the
officer in charge of such Prisoner, to the Superintendent.
2. The Superintendent shall without delay, call the attention of Medical
Officer or Medical subordinate to any prisoner desiring to see him, or
who is ill, or whose state of mind or body appears to require attention
and shall take steps as may be required under medical advice for
restoration of health of prisoner.
3. A prisoner desiring to see Superintendent or other junior officer to
lodge some complaint shall be permitted to do so without his disclosing
the reasons.
4. A prisoner shall be given opportunity and facility to write applications,
appeals etc. in connection with the criminal or civil cases which he has
to present or defend.
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5. A prisoner shall have right to free legal aid in accordance with law in
force or rule made under this Act.
Interviews :
Due provision shall be made for the admission at proper time and
days and under proper restrictions, into every prison of person with whom
prisoner may desire to communicate, care being taken that, so far as may be
consistent with the interest of justice, prisoner may see their duly authorized
and qualified legal practitioner without the presence of any other person.
Interviews of security and dangerous prisoner will be conducted only after
obtaining permission of the District Magistrate or Senior Superintendent /
Superintendent of Police which will be obtained by the person desiring to
meet such prisoner and the jail officers will confirm the 'authenticity' of the
permission be core permitting interview of such prisoner.
Letters:
(1) A prisoner shall have the facility of writing such number of letters to
his relatives and friends as may be prescribed.
(2) A prisoner may be allowed to write any number of letters at his cost.
(3) The Superintendent will examine or cause to be examined every letter
written by a prisoner and may ask the prisoner concerned to delete
any portion of the letter which in his opinion, is likely to endanger the
security of the State or prison/prisoner or contains false information
about the affairs of the prison.
(4) The Superintendent shall examine every letter sent to any prisoner
from outside and delete any portion thereof which, in his opinion, is
likely to endanger the security of the prisoner.
(5) The facility of writing letters is contingent on good conduct and may
be withdrawn or postponed by the Superintendent on bad conduct.
(6) Any letter received or written by a prisoner which is likely to
endanger the security of the State or correctional home/ prisoner
will be brought to the notice of the District Magistrate and Senior
Superintendent/Superintendent of Police who shall take action as
deemed fit.
Interrogation by Police Officer: A police officer investigating an
offence may interrogate a prisoner in a room of the officer of the prison in
the presence of the jailor, who shall, if so desired by the police officer, keep
himself beyond the hearing distance.
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Open Prisons
Establishment of Open Prison- The State Government may establish one
or more open prison with a view to grant more freedom to prisoners so as
to avail themselves to adapt to community life after release from the prison,
and the other provisions of this Act, not inconsistent with the provisions of
this chapter, shall apply to such open prison.
Selection Board- There shall be constituted for each district a Selection
Board consisting of the following members for selection of prisoners to be
accommodated in different types of prisons:-
(a) Deputy Inspector General of Prisons ( Range) - President
(b) Superintendents of Central Prisons concerned - Member
(c) Superintendent of Open Prison - Member
(3) Government may make rules for proper conduct of the administration
of open jail and for criteria and procedure to be followed by LA
election board under sub section (1).
Prisoners' Panchayat
(1) There shall be constituted in every prison (including an open prison)
a Prisoners' Panchayat with members from amongst the prisoners
excluding the political prisoners and detenues detained in the prison:
Provided that no prisoner having previous conviction for any
offence under chapter VII of the Indian Penal Code, or any offence
involving moral turpitude or illicit manufacturing of, or trade in, any
intoxicating substance or adulterated food, drink or medicine, or for
any economic offence or escape from custody shall be included in the
Prisoner Panchayat:
(2) The Prisoners' Panchayat shall-
(a) foster co-operation of the prisoner with the administrative
authority of the prison friendliness amongst prisoners;
(b) look after the cooking of prisoners' food, suggest menu for the
break fast, and mid-day meal and night meal consistent with
the prescribed diet tables and price ceiling;
(c) look after, and render aid in, the various sorts of cultural and
recreational activities;
(d) look after the sanitary and hygienic condition inside the prison
as well as the privileges and amenities admissible to the
275
prisoners under this Act or the rules made thereunder; perform

such other functions as may be prescribed.
(3) The Superintendent may, if the political prisoners or detenus detained
in the correctional home so desire, recognise not less than three
and not more than four of their representatives for the purpose of
maintaining regular contact with him in relation to their grievances,
if any.
(4) The female prisoners shall have a separate Panchayat, if the number of
such prisoners is ten or more. Where the number of female prisoners
in a prison is less than ten, the Superintendent shall nominate not
more than two female prisoners as their representatives who shall
discharge the functions of the Prisoners' Panchayat under sub-
section(2).
(5) The Superintendent shall nominate one member of the Prisoners
Panchayat as the Pratinidhi and another member there of as Upa-
Pratinidhi for the purpose of maintaining regular contact with him in
relation to the grievances of the prisoners, if any.
(6) Where there are more than one circles in the prison there shall be
separate panchayats for every circle.
(7) The manner of constitution of a Prisoners' Panchayat, the duties and
functions of the Panchayat, the duration of the Panchayat, and the
duties and functions of the officers of the prison in relation to the
Pnachayat shall be such as may be prescribed.
Extamural custody, control and employment of Prisoner:

(1) A Prisoner when being taken to or from any prison in which he
may be lawfully confined or whenever he is working outside or is
otherwise beyond the limits of any such prison in or under the lawful
custody or control of a prison officer belonging to such prison, shall
be deemed to be in imprisonment and shall be subject to all directions
and disciplines as if he was actually in prison.
(2) Permission may be granted by District Magistrate to a prisoner to
attend funeral ceremony or any other sudden and grave emergency,
under police custody for a total period not exceeding 72 hours. The
District Magistrate shall intimate the Inspector General any such
permission granted by quickest means within 24 hours. The prisoner
so permitted shall continue to be deemed to be in the custody of
prison.
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Provisions in the A.N. Mulla Committee

After-Care, Rehabilitation and Follow-Up
One of the most critical periods in the life of one who has been a
prisoner is that which immediately follows his release from prison. The
longer his period of confinement the greater are his woes in the prospects of
rehabilitation. The monotonous routines of a restricted living disorient him
completely for the social life in a free community. His family is in disarray
and his friend’s desert him. He has no money and no one to fall back upon.
His land has also perhaps been grabbed. People bear an antipathy towards
him for he has been in the prison. His ill- reputation as a criminal and the
stigma of imprisonment follow him at all points of life. He wanders for a
job but is received with suspicion. He decides to enter a service and fills
up a form but stumbles at the column: ‘Have you ever been arrested or
convicted?’ No one is prepared to believe that he has recovered from the
set back of crime and its consequences, and that now he can possibly lead
an honest and hard-working life. He has no courage to tell people that he
has come out of a degrading past and is making fresh and honest effort
for living the life of a normal citizen. The humiliation of prison life often
denudes a person of self-respect and self-reliance. His wits begin to fail him;
he wavers in his thoughts and oscillates between decisions. Life for him is
tense and trying. He is like a handicapped person convalescing from the
crippling accident of crime and trying to learn to walk on his own strength.
He needs help; he needs after-care and rehabilitation.
After-care includes programmes intended to bridge gaps between the
life in prison and life in community. We have envisaged in our Report a
prison system which shall not be just another link in a chain of persecution
of an offender but will attempt at reforming and reconstructing him into
a self respecting, self-reliant individual through a purposeful approach
of training and treatment. But however enlightened our criminal justice
system may be, a man will never emerge out of it the same person, as he
had been when he entered the process of law through the police to pleaders,
prosecution, courts and finally the prison. He might come out with any
determination to lead an honest life. But he will be vulnerable to suspicion,
opposition, rejection, hostility and evil temptations. It is at this critical time
that he needs sympathetic, well-meaning concrete assistance to help him in
settling down as an honest citizen.
Our legal and social framework, as it is constituted today, had little
to help the ex-offender to regain his self confidence to lead a normal and
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settled life. It has little to offer him as a support to sail out of the tempestuous
alternatives of complete frustration or reversion to the life of crime.
An Advisory Committee on After-care Programme was appointed by
the Central Social Welfare Board in the year 1954 under the Chairmanship
of Shri M.S. Gore to study, among other things, the nature and size of
the problem of those adults and juveniles who were discharged from
correctional institutions. The committee was also asked to indicate the
manner after-care programmes become effective. Referring to the then
existing state of affairs in this regard the Committee stated that:
“With the exception of a few after-care organizations to meet the needs
of persons discharged from custodial institutions there was hardly any
work which had been done in this field. Even these after-care organizations
for ex-convicts and juvenile delinquents had developed only in some of the
districts of a few states.”
The Report of Gore Committee emphasizes that in relation to juvenile
and adult offenders, after care programmes are essentially an extension of
the institutional café and treatment given to them during the periods of their
custody. The chief aim of aftercare services is to provide the discharged
inmate proper opportunities to benefit from the training he received during
custodial care, for settling down as a normal person after his release. But the
Committee was disenchanted with the institutional training and treatment
given in prisons:
Our study of the institutional programmes inside the jails has made it
abundantly clear that the jails are still dominated by the ideas of deterrence
and retribution. The entire programme of forced labour that is so common
in the jail routines is directed to punish prisoners rather than to train them
up and to elevate their morale. Even the programmes of education are not
given sufficient attention inside the jails. These difficulties are likely to
come in the way of making the organization of After- care Service effective.
“If After-care Services are to be effective, it is necessary that we
discard our old ideas about the treatment of the prisoners and accept the
reformation and rehabilitation of prisoners as a legitimate aim of our penal
policy. This could imply that the treatment in jails has to be suited to the
needs of the prisoners and not be related merely to the gravity of their
crime. This would further imply a series of reforms in the penal system and
prison administration based on the result of an intensive study of criminal
behaviour in the Indian setting.”
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As a consequence of Gore Committee’s report a comprehensive After

care Programme was started during the Second and Third Five-year plans at
the instance of the Central Social Welfare Board and a few after-care homes
and shelters were set up in some States. However, in due course of time due
to paucity of funds, lack of interest on the part of State Governments and
mismanagement by local staff, many of these institutions were closed down
as defunct and some others were converted into other kinds of institutions
under the Social Welfare Department. Only a few States are left with some
very weak institutions which are unable to cope up with the real dimensions
of the after-care and follow-up work.
After-care-programmes need to be revived and re-strengthened. We
realize that a perfect system of prisons where all categories of prisoners
can be transformed into socially acceptable and useful citizens cannot be
evolved. However, even those prisoners who have responded well to the
treatment and training programmes in prisons and exhibit potentialities
of re-settling in life as useful citizens would need help and guidance on
release from prisons. A feeling of insecurity and indecisiveness is common
to all ex-prisoners and to expect such men to adapt themselves to society,
without planned and conscious efforts to re assimilate them, will be wholly
unreasonable and unrealistic. Care will have to be taken so that they do not
revert to crime due to frustration, merely for lack of adequate counselling,
guidance, financial assistance or material help after their release from the
prison.
The process of rehabilitation of an offender begins right when
individualized treatment is planned for him in the prison. The very idea
of ‘suiting punishment to the criminal and not to crime’ has the seeds of
ultimate restitution of the offender to the social milieu. We have already
spelt out in Chapter IX on ‘System of Classification’ how diversification
of institutions, classification of prisoners and assessment of personality
of offenders will be helpful in planning the most suitable educational,
vocational and other training programmes which could lead to their
ultimate rehabilitation in society. We have also described in Chapter XX
on ‘System of Remission, Leave and Pre-mature Release’ of this Report as
to how through remission and review of their sentences, the appropriate
time for their release from the institution can be determined. We will now
discuss some of the pre-release programmes and the post-release after-
care, rehabilitative and follow-up measures without which the corrective
processes of prisons will be rendered meaningless and incomplete.
279
The first thing we envisage in this regard is that the process of

after- care and rehabilitation of the offender should be an integral part
of the process of his institutional care and treatment. Delinking the two
will lead us nowhere. The other thing, which is only a consequence of the
first, is that if after-care has to be an extension of the institutional treatment
programme, the administrative machinery for carrying out the follow-up
action will have to effectively integrate with the Department of Prisons and
Correctional Services.
We would like to make it amply clear that in the Indian social setting,
after-care and follow-up services will not be required by each and every
inmate leaving the prison. Even in case of those needing it, the requirements
of after-care and follow-up will vary from prisoner to prisoner. A large
number of prisoners coming from the rural agrarian community are
generally accepted back into the family and are reassimilated in the social
milieu without much difficulty. They require only some continued contact
with their kin and some prerelease counselling to bridge the gap between
their life in the closed prison and the free society. Then there are always
a few others who would resist all follow-up action, for they would take
it as a kind of surveillance on them. Such habitual hardened criminals
might detest the idea of after-care not only for themselves but also for other
border line cases, particularly persons whom they look upon as their future
companions in crime. But there will always be a third category of inmates
who would be urgently in need of after-care and follow-up measures to
settle into life after release and to get themselves rehabilitated beyond the
possibility of reverting to crime.
We are of the view that the work of after-care, rehabilitation and follow-
up action regarding offenders cannot be accomplished without effective
community participation. Since the ex offender has to be rehabilitated in
the society, the society will have to come half way to accept him. If by some
compelling socio-economic circumstances a person had plunged into crime,
he must be rescued by social agencies and should be helped in his social
reassimilation and rehabilitation. There are some voluntary organizations
in certain parts of the country, such as Nava Jeevan mandals in Maharashtra,
which take up the work of aid to ex prisoners with philanthropic zeal, but
their number is so small and the finances with them so meagre that they
cannot organize any substantial programme of after-care and rehabilitation.
We are that with proper dissemination of knowledge about the
importance of community participation in the rehabilitation of ex-offenders,
some well-established voluntary organizations will come forward to take
280
up as their responsibility the discharged prisoners’ aid programmes. They

can set up permanent wings, with voluntary and paid workers, to promote
the welfare of ex prisoners. Their members can visit prisoners before their
discharge from prisons and help in planning and organizing after-care
and rehabilitation programmes for them. The voluntary organizations can
help individuals willing to keep away from the life of crime by offering
opportunities of employment, financial assistance for self employment and
facilities for furthering their education. Timely sympathetic assistance from
a non-governmental organization is bound to awaken in them a respect
for society and awareness for an orderly well integrated government
machinery. With an effective liaison the voluntary organizations can go a
long way in extending the system of corrective care in the institutions to
the post release period of offenders needing assistance for their ultimate
rehabilitation in society.
In the following recommendations with regard to pre-release
preparations, after-care, rehabilitation follow-up measure for offenders,
we have laid down the principles underlying this important element of
corrective process. Its details will have to be worked out at the field level by
the functionaries with due consideration to local conditions.
After-care of prisoners discharged from and allied institutions should
be the statutory function of the Department of Prisons and Correctional
Services.
(a) There should be a properly staffed After-care and Follow-up Unit
in the headquarters organization of the Department of Prisons and
Correctional Services in each State/Union Territory under the Joint/
Deputy of Probation and After-care Services. This Unit should get
necessary feed back from the field agencies. It should also conduct a
survey to determine the extent and form of help generally required
by discharged prisoners.
(b) In the districts, probation officers should be in charge of after-care and
follow-up work. In large states, Regional Probation Officers should be
appointed to supervise and coordinate the work of probation officers
in the districts.
(c) At the Institutional level this work should be done by officers in
charge of prisoners’ welfare in close liaison with the Classification
Committee.
281
The After-care and Follow-up Unit at the headquarters should evolve

an objective method of assessing post release needs of inmates so as to
identify those who would require after-care and follow-up services. For this
purpose, forms may be so devised as would enable an assessment of the
after-care needs of each prisoner based on his pre sentence socio-economic
background, accomplishments during imprisonment and prospects of post
release settlement.
Efforts should be made to set up at least one voluntary organization
in each district to which the work of extending help to released prisoners
could be entrusted. Till such voluntary organizations come forward, after-
care work should be done by officers looking after welfare of inmates in
prisons, probation officers in field and the headquarters organization of
the Department of Prisons and Correctional Services as indicated in para
above.
At the institutional level the Classification Committee should
formulate pre release plans and should provide the After-care and Follow-
up Unit at the headquarters with all necessary data projecting the post
release needs of inmates.
Those entrusted with the work of after-care at various levels should
keep close liaison with prospective employers (government, public sector
and private) for the employment of released prisoners. Job placement will
be rendered easy if certificates about proficiency acquired by prisoners in
crafts and vocation are awarded by the Technical Department of the State
/Union Territory.
The After-care and Follow-up Unit should, in consultation with the
industries section in the headquarters organization of the Department of
Prisons and Correctional Services and under guidance from the Inspector
General of Prisons, evolve self employment work programmes for prisoners,
which they can independently pursue after their release.
To provide prisoners with necessary kit of tools or equipment,
arrangements may be made for adequate finance through the following
sources:
(a) Prisoners’ own savings from wages earned in the prison:
(b) Innovative schemes of various banks extending loans at low
percentage of interest;
(c) Government funds, placed at the disposal of the Department of
Prisons and Correctional Services for this purpose; and
282
(d) Financial assistance offered by voluntary organizations.

The above arrangements will have to be finalized during the period
preceding release so that there in no delay in the process after the prisoner
is actually out of the prison; officials will have to bear it in mind that once a
prisoner loses his link with them, it is difficult to resume contacts with him.
As a pre release Preparation Officer in charge of welfare of prisoners
should make intensive contacts with the needy inmate, his family,
prospective employers, after-care institutions, voluntary agencies and
the After-care and Follow-up Unit at the headquarters and chalk out, in
definite terms, the rehabilitative programme that the inmate has to follow
on release.
After-care services should include all kinds of help which could result
in proper readjustment of the released prisoners in the society. They should
be well equipped for all types of assistance including:
(a) Guidance and counselling to prisoners to overcome their psychological
and social problems;
(b) Educating prisoners about their role in the society as law abiding
citizens;
(c) Legal assistance to those whose land has been grabbed;
(d) Securing cooperation of prisoners' families in accepting them back
after release;
(e) Material assistance in form of food, clothing and journey expenses
enabling them to reach a safe place in the society after their release
from the prison; and
(f) Distribution of printed literature to inmates detailing after care
facilities and programmes open for them both from government
agencies and from voluntary organizations.
Often ex prisoners do not find any place to lodge and board after their
release. After-care Homes for such inmates should be established, if not in
each district, at least at convenient places in the State so that the released
prisoners can spend some time there. Rules should be framed for charging
maintenance cost from inmates earning out of their own employment;
others may be provided remunerative employment by starting production
centers and be paid wages after deducting maintenance cost. Ex prisoners
should be motivated to find a permanent settlement in the free society as
early as possible and any tendency on their part to linger on in these homes
should be discouraged.
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State Governments should consider desirability of taking suitable

steps to ensure that ex prisoners do not suffer any disability in finding
employment in government service or in public sector undertakings
on merits after release from the jail. Most of the States, we are given to
understand, still bar appointment of discharged prisoners in government
service. How can we expect the private employer to provide job to an
ex offender on the basis of his merit, if the government itself lays down
restrictions on such employment? We recommend that such restriction
should be removed by suitable amendment of rules.
Small Scale Industries Departments of State Governments/
Union Territory Administrations should formulate schemes of small
production units which could be run by ex prisoners on cooperative
basis. Cooperatives could be organized in the field of carpet weaving,
carpentry, iron pipe furniture, steel furniture etc. which are jobs commonly
organized in Indian Prisons. These units can be financed by State Finance
Corporation, Cooperative and other Banks under their innovative banking
schemes. Government department should give preference to these units in
purchasing goods manufactured by them. The After-care and Follow-up
Units will have to play a vital and continued role in the establishment and
efficient functioning of such cooperatives.
State Tenancy Acts should be suitably amended to provide for the
appointment of a receiver of agricultural land of a person convicted and
sent to jail, if he applies for it, and provided he has title to the land. The
Committee feels that if a receiver is so appointed, the interests of the
prisoners will be well protected and he will find easy social and economic
rehabilitation after his release. The Tenancy Acts may also provide for the
protection of other tenancy rights in agricultural land of convicts during the
period of their imprisonment.
Marriage is one of the most important modes of rehabilitation for

women
The Department of Prisons and Correctional Services in collaboration
with the State Department of Information and Publicity should make proper
use of mass media to educate public about the need for rehabilitation of ex
prisoners in society. Publicity of correctional and after-care programmes
through T. V., radio and the newspapers would go a long way in removing
many misgivings about released prisoners.
284
It should be the policy of government to encourage formation of

voluntary organizations for taking up programmes for the help of released
prisoners. Such voluntary organizations should be given financial and other
help to make it easier for them to carry out this work. Voluntary workers
devoting considerable part of their leisure time to such work should be
socially recognized. Outstanding services in the field of rehabilitation of
offenders should be recognized by the State/Union Territory on National
Days.
Future of Corrections
It will be presumptuous to deal with the 'Future of Correction' in the
limited space devoted to this article. An effort has however, been made to
indicate certain trends which if taken note of, can make treatment more
effective. Barring exceptional cases, imprisonment must be discarded. Greater
association should be available with outside world to minimize the effect of
imprisonment where it must to be imposed. Effective treatment needs to be
based on scientific diagnosis. It will involve a study of the individual and
greater use of social psychology. Probation, parole, indeterminate sentence
case work and group work will prove, more successful in treatment as
they can bring about effective changes in attitudes. Proper planning of the
various correctional services and manning them with trained and qualified
personnel can alone make the future of correction hopeful.
During the Civil Disobedience Movement many educated persons
were imprisoned who were well able to give first-hand accounts of prison
conditions from the point of view of the prisoner, and we began to get
pictures from inside added to those taken from outside. These pictures
have not been very promising. Our prisons, as prisons elsewhere, have
grown up haphazardly. With growing interest in penology we may well ask
ourselves whether we are growing. Since Independence, besides our 'Open
Prisons' we have done little more than sweeping away certain barbarities
and introducing certain amenities. We are now faced with the far more
difficult task of constructive action. It is high time that we evaluated our
correctional system scientifically and devised effective ways and means
regarding the treatment of offenders. The idea of crime prevention is a 20th
century conception and, at best, crime prevention is still in its infancy. Little
is known at present as to the results of treatment techniques as almost no
data exists regarding the effectiveness of most programmes. What little is
known, suggests that most of our rehabilitation procedures are ineffective.
Our methods of arrest, trial and imprisonment have little bearing upon
turning a criminal into a law-abiding citizen.
285
Imprisonment may not leave a visible scar but it often damages

human character beyond repair. Bad men do not become good by the
forcible repression of every natural human impulse. "If we wished to
make a criminal out of any one, no better method could be devised than
to dramatise his activities in the way we are doing." He becomes conscious
of himself as a criminal and the community expects him to live up to
his reputation. No amount of amenities granted in the prison can in any
measure compensate for the deprivation of liberty. There is not a shred
of evidence that punishment has beneficial effects on the lives of the men
punished. Punishment does not reform. It is unnatural that men should
live apart from their women and children and their movements should be
confined and their daily doings continuously watched. The best way to
confirm the criminal in his career is to throw him with other criminals. A
prison may thus do infinite harm to the novice in crime by forcing him into
association with hardened criminals1.
Emphasis in the prison is placed upon outward conformity. All ini
tiative and self-reliance are therefore lost. The prisoner soon learns to accept
the position and develops a desire to please which makes him artificial
and sycophantic. His external conduct may become model but at heart he
becomes more useless and dangerous. He saves his real spontaneous self
for the relationships with his fellow-prisoners. With them at least he can
be himself. The criminal is member of a group, and the group and not the
individual is the source of the problems. It is the group that sets the pattern.
No official in the prison is to be trusted or assisted. The prisoner is thus
shut off from any reformative contact with the staff, and is left instead,
to the influence of the inmates. Some prisoners and officials may pay lip
service to the programme of treatment but at heart they do not believe in
it. The attitude of the staff towards the prisoners is that they must pay for
their crimes. The prisoners are hostile towards the staff who are constantly
frustrating and humiliating them. The staff reserve their favours for the
prisoner who causes least trouble, even though he is a confirmed criminal.
Only rarely the staff make genuine relationships with the prisoners.
Criminal record is a passport to respect. It is worth considering whether
we should continue to waste our time and money on devising a treatment
programme under these conditions.
If we are aiming at the protection of society from criminals and
preventing crimes from being committed, we need to approach the
problem rationally. The existing concept of punishment has to be
1 Rastogi, R. (1960) "Future of Correction" The Journal of Correctional Work, The

Government Jail Training School, 7th Issue, pp 39-46
286
completely dissipated. The only solution of the problem appears to be in

the gradual abolition of the prison and its replacement by more hopeful
and less expensive methods of dealing with offenders. The society's fear
of the criminals and its determination to keep them inside the prison is the
main cause of opposition to the new methods. The first step in providing
a rational approach is to educate public opinion concerning the criminal
and his treatment. Protection of society demands the apprehension and
conviction of all criminals but vindictiveness will defeat the very purpose.
Penal reform is closely dependent upon certain economic, social
and legal factors. The need for economy in prison administration makes it
difficult to set up a scientific correctional system. This difficulty is further
complicated on account of the lack of scientific data. Comparative figures
of vocational competence, trainability, physical and mental health, custo
dial needs and types of prisoners we are receiving, are urgently required
for planning correctional work. We need to know the facts about crime
causation and sound means for transforming that knowledge into a pro
gramme of action. If reliable information were available, the intelligentsia
would perhaps become more co-operative in the prevention of crime and
treatment of offenders. Most of the efforts so far, have been directed towards
the development of programmes rather than evaluation. The problem is a
practical one, reaching into the homes of the nation, regardless of cultural
level or economic status.
With the growing interest in the person of the criminal and his
reformation, the significance of the stages devoted to sentence and treatment
is bound to increase. Thousands of mental defectives and others who are
mentally ill should be sent to mental homes and not prisons. Those who
violate the law should not be excused but each one must be treated indi
vidually. Some would only need advice for treatment; others may require
strict supervision Society must be made to realize that crime is a socio
medical problem and the treatment of crime will have to be handed over
to the experts in human behaviour. No substantial progress can be made
by better penal and correctional institutions. Institutionalization must be
generally given up except in those cases where imprisonment is the only
remedy. Protection against crime may be secured by modifying those who
could be modified by scientific techniques and segregating those who could
not be so modified. A large part of the work of the police, the courts, and the
prisons has to be devoted to recidivists who provide the largest number of
failures. Maximum security prisons are needed principally for them.
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As far as possible our treatment should be humanized and individualized.

There should be diversification of the methods of treatment as well as of institutions.
Each individual should be given the treatment which he needs. There is not enough
trained personnel to treat adequately the men sent to prison for long terms. If a
prison is largely used as a diagnostic centre, it can certainly be reasonably well
staffed. The work of the staff would be to analyze the prisoner's needs and course of
treatment. The beginnings of his treatment should be started in the prison. He should
be prepared in terms of his needs to respond to the type of treatment necessary for
him. He should be placed out into the community as soon as can be managed.
Considerable association should take place between the inmates of institutions
and free workers during working hours so that there may be no feeling among
the prisoners that they are outcasts. It is only through permanent mutual exchange
with people of the prisoner's own class that the evil effects of institutional life can
be avoided to some extent. More responsibility for the control of food, education,
recreation and personal disputes of an institution should be placed in the hands of
the inmates through the formation of a representative council or Panchayat. This
will enable them to identify it and its reformative purpose. The Panchayat system
will also bring about better relationships between the staff and the inmates. General
meetings, representative councils and inmate courts would provide the of the staff
should also participate in these meetings and should try to help the inmates to
understand themselves.
In order to further minimize the evil effects of prisons it has been
recommended that a prisoner might be called to work inside the prison
and should return home in the evenings. He may be allowed to work
outside the prison. He should return each night to the institution. After
some time he may work and sleep outside, visiting the prison for advice
regarding his adjustment. This should continue until he is finally released
on parole. For suitable categories of offenders the place of the penal
institution may be taken by hostels where offenders may live with non-
delinquents. This will be something like probation with conditions of
residence and greater supervisions. Restitution and imposition of fines
are likely to prove more effective than imprisonment. Restitution for an
offence against a person could be paid in installments of a few rupees per
month as may he decided by a court. Fines based on seniority of offence
and capacity to pay, may be imposed instead of prison sentence. A training
programme with restriction of liberty may be spread over a period of
time. Compulsory attendance centers might be set up for adults convicted
of offences for which short prison sentences of two to six weeks are now
imposed. Prison camps, farms and open prisons are some of the other
methods towards the elimination of prisons. They clearly indicate that
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a large percentage of criminals do not need prisons. Case work service

is an excellent prison substitute. Courts could utilise thi service through
hospitals whereby a convicted man or woman would be treated. It should
however be quite clear that supervision by trained, understanding persons.
nel is presupposed in any of these techniques. The staff selected should
have aptitude for correctional work. They should be well satisfied and
should be paid reasonable wages. They should be properly trained. There
should be some machinery for evaluating the efficacy of the training
imparted. Such a department of correction demands professional leader
ship.
"If it is desirable, through every natural means, to prepare the man
in prison for his ultimate release and strive to preserve his individuality, it
seems also desirable that we keep out of institutions but under supervision,
wherever possible, every individual who violates the law and whose life
be redirected without penal experience." Parole and Probation are well
known methods of abolishing the prison system. Universally practised,
they would do away with the present day prison, except for permanent
custodial cases – lifers and the small percentage of criminals found to be
unable to conform to conditions in ordinary society. Parole or conditional
release under supervision has become an important feature of correction. It
is a positive constructive process of social rehabilitation. Parole is a part of
the process of treatment which begins when the offender enters the prison.
Not every day of every sentence needs to be served behind bars. A person
released from an institution faces major handicaps. The parole officer, who
should be skilled in human behaviour provides him personal guidance.
The environment in which he has to go is carefully prepared for him before-
hand.
All prisoners from institutions should be released only through
parole. An offender should be released on parole when the institution
has done its best to bring about the necessary changes in his health and
attitude. The object of parole should be to help the individual to find a place
in the community so that he may be able to discharge his responsibilities,
both to his family as well as the community. Parole is a continuous pro
cess of helpfulness, guidance, and friendly assistance. The prisoner must
be protected against the community quite as much as the community needs
to be protected against the prisoner. Attention should also be paid to the
offender's family. The After-care service should obtain the co-operation
of the police and the community during the preparation for parole. The
prisoner himself must be invited to participate fully in the development
of all parole plans. He must be frequently informed and consulted about
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the situation and problems of his family. The main drawback of parole
work is the lack of expert knowledge on the part of the parole authority.
Parole should be placed in the hands of a Parole Board composed of experts
devoting their entire time to this function. It will then be possible to get a
high percentage of success under a well staffed and honest parole system.
Indeterminate sentence is another method of releasing an offender when he
is fit for release. Indeterminate sentence and parole should be combined as
they are parts of one general scheme of reformative treatment.
Probation is a form of scientific treatment outside an institutional
setting. Probation does not mean merely release from punishment. It
also means that the probationer must conform to strict regulations, non
compliance of which will result in imprisonment. In the expansion and
improvement of probation lies our first hope of significant progress in
dealing with offenders. Wide gaps exist in the probation services. They
can be removed by scientific planning. The speed of future progress in
the field of probation and parole will depend on how successfully we can
convince the community of their effectiveness. Expansion and improve
ment in probation and parole are largely due to humanization and indi
vidualization to treatment. Since the expenditure on probation, as against
imprisonment per individual, is much less, it is an inexcusable waste of
public money to impose imprisonment, unless imprisonment cannot be
avoided. Moreover, imprisonment has been found ineffective in recalcitrant
cases. Probation may offer a ray of hope in the treatment of some of these
cases. It is worthwhile trying probation in as many cases as possible. Under
probation the man not only supports himself but maintains his family and
keeps them from becoming dependent upon public charity. The case is just
the reverse under imprisonment.
A failure in probation results either from failure in court's judgment of
the risk represented by the individual in question, or from the inadequacy
of the supervision provided. It is reported that some 70 per cent of pro
bation cases are finally readjusted to the community. This is a much higher
percentage than can ever be claimed by imprisonment, and at much less
cost. It may be that the greater part of those who fail is due to lack of
adequate supervision. Perhaps the case needed much more attention, or
it may have needed a different treatment. Probation officers have often to
spend a major portion of their time writing reports and keeping routine
surveillance over their clients. If the fullest possible knowledge is collec
ted and utilized in attempting to rehabilitate offenders, treatment efforts
should become more productive. This work is however time consuming
hence the case load should not be very heavy.
290
The really critical need in correction is for better treatment theory.

Much of the treatment presently advocated is based upon humanitarian,
rather than on causational factors. Mere humane handling of offenders may
leave the specific problems of treatment untouched. The treatment problem
in the case of many offenders centers around their anti-social attitude and
self-conception. Successful treatment in these cases demands changing of
attitudes, so that the offender on release may be able to play the role of
a law-abiding citizen. Behaviour cannot be 'modified by punishment' and
external control. Greater use of social psychology might clarify the kind of
'relationship' needed to bring about modification in behavioural difficulties.
Offenders are generally brought up in unwholesome atmosphere
where vice, and criminality are usual. Upon discharge the offender is
confined to his own groups and therefore must remain in the situations in
which his criminality developed. This isolation from law-abiding groups
occurs more frequently after imprisonment than after other methods of
correction. The offender forms association, loyalties and attitudes which
tend to persist. Opportunities for crime are placed in his way. Since the
situation and the personality traits remain the same the old behaviour also
persists. The limited success in correctional work has been largely due to
the use of methods which hope to reform the criminal in some mechanical
manner. Punishment does not change the situation which produced the
criminality.
Group therapy has definite advantages of its own, over and above
those possessed by individual treatment. In group therapy the patients might
discuss the incidents of their daily lives in the form of group discussions. By
sharing experience they can give one another greater understanding. They
will thus be able to benefit from the healing effect of satisfying personal
relationships. Through group therapy the group member comes to accept
as his own the standards of the group. He thus learns to handle social
situations more competently. There should be 'we feeling' between the
reformer and his group. The group must be competent to meet the unmet
needs, otherwise few will be attracted to the group. Reformation postulates
alienation of the criminal from his group which supports criminality.
The assimilation of the criminal into groups, which support anti-criminal
behaviour is therefore essential.
The provision of material services by the group will help in developing
anti criminal personal relations. The correctional worker must appeal to
criminal on the basis of their background and past experiences. He will be
291
able to exert considerable influence if he is held in high esteem by the group.

Criminality and non-criminality are learnt in the intimate personal group.
The group must not rely on the criminal to change himself. Delinquency
must be defined as undesirable by the personal groups in which he
participates. These groups may be the family, school, work, recreation or
religious groups. Personal group can be modified through the efforts of
local organizations. It is recommended that courts and correctional agencies
should add professionally trained persons to their staff.
The groups which are most important in the lives of the residents
of an area become the agencies through which operations are conducted.
In California, area projects and neighbourhood units have been developed
in delinquency areas. The activities of these area projects have been
concentrated on recreations and summer camps, but in the development
and maintenance of these activities, the ordinary residents of the community
participate with the objectives of reducing the delinquency of the area. An
"anti-delinquency" group is formed and status in the group is achieved
by expressions of anti-delinquent behaviour. The child begins to live in
anti-delinquency setting where he, also, gains status by non-delinquent in
contrast to pro-delinquent activities. Similar projects can well be tried in
this country for reducing delinquency.
Studies of child guidance clinics generally indicate that from
a fourth to a third of the children treated continue to be problems, and
that approximately a third manifest no further difficulties. Modification
of behaviour has been found most difficult if parent-child relations are
unsatisfactory. The child guidance clinic is at a great disadvantage, both in
preventing delinquency and aiding emotionally disturbed children, for it
cannot initiate treatment. It must wait for cases to be referred to it. Parents
and school teachers should be encouraged to consult child guidance clinics.
This can be done by propaganda through newspapers and film shows.
In several countries there is an institution of visiting teachers. The
visiting teacher receives reports from the regular school teacher regarding
attendance, scholarship, misbehaviour in school and other difficulties. On
the basis of these reports the visiting teacher makes an investigation of the
home and neighbourhood situation, with the purpose of tracing the diffi
culty to its source, and attempts control on the basis of this reformation.
This system can be gainfully introduced in this country. Parent-teacher
councils should be set up to bring about closer contacts between teachers
and parents.
292
Hermann Mannheim has proposed the extension and deliberate

employment of criminal justice as an instrument of social transformation.
Courts must learn to appreciate the significance of correction. Some
changes in the Criminal Law would be necessary to limit the function of
the trial court to the determination of the guilt or innocence of the accused.
There should be statutory provision for setting up a Board of Treatment.
After careful study of all the facts provided by careful physical, mental and
social investigation, the Board should determine the kind of treatment to be
given. The lower age limit of criminal responsibility should he raised from
seven to fourteen years, with a corresponding extension of juvenile court
jurisdiction up to eighteen years. There should be separate criminal courts
for young men between 18 and 21 years. Offenders should not, except
under certain exceptions be sent to institutions for periods of less than three
months. Persons under twenty-one should not be sent to prison at all. An
After-care service similar to other services must be set up without delay.
There should be statutory provision to assist the members of the family of
the inmate. This will prevent many of them from becoming delinquent. In
order to restrict the legal and, as far as possible, the social after-effects of
punishment, it is of paramount importance that an appropriate period of
time be fixed after which the offender may not suffer from any disability.
A well planned and well staffed correctional service should go a long way
in securing the elimination of prisons and reforming offenders through
cheaper and better methods.
293
Chapter - VII
The Model Jail, Lucknow, Uttar Pradesh :

A Unique Experiment for the Reformation
and Rehabilitation of Prisoners
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
trades, 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.”
The Model Prison, Lucknow, has a unique system of education. The
Reception Centre of this institution has a separate enclosure which houses its
school. Star Class prisoners, who are selected for the Model Prison from the
entire prison population of the state, are lodged in the Reception Centre for
over-all observation and training. During this period they are thoroughly
observed in various living situations. The inmates are made to go through a
busy educational and vocational programme. Adult literacy classes are run
in two shifts. Those who attend classes in the morning receive vocational
training in the evening and vice-versa. This training in the Reception Centre
lasts for a period of six months. There is a test at the end of every month
and successful pupils are promoted to the next higher class. Those who are
unable to complete the course in nine months are declared unsuitable for
receiving education
294
A Unique Experiment for the Reformation and Rehabilitation of Prisoners
Education In Model Jail, Lucknow

When we speak of education we do not simply mean a knowledge
of the three R's. It is true, literary paves the way for wider education, but
it is a means and not an end in itself. The aim of education is enrichment
of personality. The objective of prison education has come to mean
socialization and rehabilitation of the inmates so that they may return to
society as normal citizens. More and more emphasis is now being laid on
the application of social education for achieving this objective. During the
nineteenth century when deterministic philosophy began to overrule other
trends of social thought and action, the sphere of crime and criminals could
not remain unaffected. According to the pioneers in this field, the individual
is not responsible for his crime and should not therefore be made to suffer.
They held that society was mainly responsible for making the individual a
criminal. The opinion that society perpetrates the crimes and the victim is
only an instrument is gradully gaining ground. Today the delinquent child
in considered society's ward.
It is this dynamic change in the attitude towards crime and criminals
which has led to the establishment of a large number of correctional
inistitutions in all countries. In Uttar Pradesh, the Model Prison and the
Reformatory School at Lucknow and the Juvenile Jail at Bareilly were set
up as a result of the conscious and unconscious interactions of this school of
thought. Positive steps are being taken by the Jail Department of this State
in helping the inmates to return to society with a more wholesome attitude
towards living. Hegel said that crime and punishment were complimentary
but we in Uttar Pradesh believe in the theory that crime and treatment
are complimentary. The delinquent is treated like a patient and is given
scientific treatment. This treatment is directed both towards his physical as
well as mental make up. The introduction of physical exercises including
military drill, physical training, gymnastics and games are indicative of the
growing interest in his physical well being; whereas efforts to enrich his
personality through education, academic as well as vocational are intended
to assist his mental make up. More and more emphasis is now being laid on
a balanced personality1.
With the change in the objective of imprisonment from custody to
reformation, education has become a major plank in the correctional cycle.
Broadly speaking the environmental treatment aims at the re-education
1 Suri, S.K., (1956) "Education in Model Jail, Lucknow" The Journal of Correctional
Work, The Government Jail Training School, Lucknow, Vol III, pp 77-81
295
of the offender. Personality maladjustment often results in anti-social

behaviour. It is primarily caused by the failure of education in its widest
sense. During infancy parents are the only educators. Pre natal and post
natal experiences of childhood play a dominant role in the determination
of his future a like. Parent child relationship should therefore be based on a
sound emotional basis and frustrations of the child should be well guarded
against. Perverse tendencies should not be allowed to develop and behaviour
pattern should be socialized. It is generally recognized that the etiology of
adult criminality is traceable to childhood experiences. Situational factors
deeply affect the personality make up of the individual. In order to protect
the child and to help him to develop a healthy personality, it is necessary to
educate the child on proper lines from his infancy. The child increasingly
tries to identify himself with his elders. The period of childhood is very
important from the point of view of character building. During this
period, educators-parents or school teachers–should pay special attention
to the disciplining of the activities of the child. Lack of proper education
at this age may result in the formation of undesirable traits. These traits
may lead the child towards anti social activities. Once the child becomes
delinquent he has to unlearn certain habits and learn others if he is to
become a normal adjusted personality. This process is called correction or
re-education. If re-education is to be achieved at all, the establishment of a
firm object relationship, similar to that between the child and his parent is
a precondition for further educational work2.
The process of re-education involves complex psychological
factors which have to be carefully understood before correctional and
rehabilitational work can be taken up. The importance of education and
the role of the education teacher in the correction and rehabilitation of
prisoners, was realized earlier in Uttar Pradesh jails than in any other
State of the country. Sixty-five paid teachers are working in these jails.
Three teachers have been provided in every central jail to conduct literacy
campaign under the supervision of the Superintendent and the other staff.
Every first and second class district jail has one paid teacher. Every convict
male or female, sentenced to three months' imprisonment or more and who
is below the age of 50 years, has to undergo instruction in reading, writing
and arithmetic up to the lower primary standards. Those who are mentally
or physically unfit to receive such instruction, are, however, exempted.
Under trial prisoners and prisoners sentenced to less than three months can
also receive education, if they so desire. The proficiency of a newly admitted
prisoner in education is recorded on his history ticket and arrangements are
made for his further education.
2 Ibid
296
Education has now been priority in the jails of Uttar Pradesh. The
education teacher is allotted one or more factories or work gangs which
he visits by turn for imparting instructions to each convict or group of
convicts, in accordance with the syllabus of studies prepared for the
purpose. Two hours are now devoted to education and this is treated as
work. Prisoners with special aptitude for education are awarded special
remission as further incentive for learning. Lighting facilities are provided
in their barracks at night up to 9.30 p.m. Paid education teachers are assisted
by convict education teachers. At night, they teach the illiterate prisoners.
Copies, books, pencils, pens and ink are permitted to be freely deposited
by friends or relations. Newspapers are supplied to all convicts at State
expense. Superior class convicts are provided with English newspapers
and periodicals at Government's expense. These newspapers are passed
on to other convicts when the superior class convicts have finished with
them. Newspapers and magazines are also deposited for use of convicts
by friends, relations or welfare societies. Each District Jail has a library
while each Central Jail has at least two libraries for the use of all classes
of prisoners. One of the inmates is appointed as librarian. He issues books
under the supervision of a member of the jail staff. Besides literacy classes,
many other educational activities have been developed in different jails of
the State. Dramas are now performed in almost every jail. Literacy drives
are celebrated with great enthusiasm in various jails.
The traditional method of education has not been found very
satisfactory for adult education. Education in the Model Jail is imparted
according to the "Adarsha Padhhati" which is an innovation of the
Uttar Pradesh Jail Department. Side by side, the "Pathik Padhhati" with
necessary modifications, is also used. Audio-visual aids are given their
share of importance in the education of these adult criminals. Educative
and instructive films received on loan from the Information Directorate
and other sources are shown to the inmates in the spacious assembly hall
which has been especially built for this purpose. Social and moral lectures
by well–known persons in the field, are periodically arranged for helping
the inmates to build their character and develop the human values in them.
An all-round effort is being made to uplift the inmates of this institution by
creating a wholesome atmosphere.
The Model Prison is also a Training Centre for convict education
teachers and nursing orderlies. Planning, Research and Action Institute
has helped the Model Jail in running the training programmes of social
education. The subject of social education is included in the syllabus
297
because eighty percent of of the jail population is derived from rural areas
where agriculture is the main occupation Improved methods of cultivation,
animal husbandary, horticulture, working of village panchayats and co-
operatives have been successfully included in the training programme.
Lectures by specialists are arranged on these subjects for the benefit of the
inmates of this institution. The trainees are taken to agricultural farms,
communtiy project centres and other places for educational visits as well as
sight seeing. It has been experienced that this type of practical training has
proved very interesting and effective.
Recreational and cultural activities have a special place in the training
programme of the education teachers. Group discussions of educative
value are regularly organized. These pupil teachers are encouraged to
relate stories and folkways to their companions. Some of them even narrate
the circumtances which brought them behind the bars. Mutual exchange
of their experiences and ideas have proved to be of great educative value.
All these activities are conducted in a disciplined manner and loose talk is
discouraged at these cultural meets.
Agriculture has a prominent place in the syllabus. The trainees have
to prepare an allotted piece of land to sow and maintain it in accordance
with the scientific methods taught to them. Some knowledge is given to
them regarding improved varieties and selection of seeds and methods of
sowing. A few fields are managed by the entire group but every individual
trainee is expected to prepare and maintain a kitchen garden of his own.
Certain marks are allotted for this work. The classical method of confinement
in the class room is not adhered to. Facilities for indoor and outdoor games
are provided. Games which inculcate tolerance, cooperation and capacity
for organization are generally encouraged. The Model Prison also imparts
training to prisoners as nursing orderlies for working in that capacity in jail
hospitals. Educated convicts who are interested in this work are selected
and trained.
The problem of education in jails is more intens than in the society in
general. Education in jails is not simply related to literacy but it is essentially
correlated with the problem of reorientation and treatment of personality
disorders of deviants. Deep rooted complexes have to be resolved in order
to make them normal citizens. Re-education of the offenders is possible
only in a wholesome environment, where the teachers have a humanitarian
approach and give attention, where necessary. The task of re-education of
deviants is much more difficult than ordinary education.
298
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 be transferred to
Model Prison when they fulfil 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 is 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 fulfil 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 Convict Night Warden
(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.
(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 work in sugarcane farm. Previously in the 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 reported the entries daily to Jailor of the Model Prison.
299
(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 fulfil the following conditions may be
allowed to work outside the jail:-
(a) He has given ten guarantee from amongst the convicts who have
become self-sufficient.
(b) He has got family ties.
(c) He himself became 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.
(e) If eligible for release under Probation Act, he has completed half of
the five years or 1/3 sentence including remission, whichever 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 whichever 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 the 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
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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 inmate may be
engaged on essential jail services.
The convicts who have passed High School are selected for convict
teacher training course. Its duration is three months. The standard of training
is equivalent to that of a primary teacher teachers course. The subjects are
similar to those 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-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
301
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 is 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 proper Model Prison. 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. They
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 gamchha are
manufactured here. Cotton clothes are supplied to district jail, Unnao for
manufacturing prisoners' clothing.
Hand Made Paper Industry

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 stitching warders' uniform,
prisoners’ clothing, chadder, kurta, pyjama, cap etc.
302
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 get 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 prisoners against their maintenance to the jail is
Rs. 6.50/- per day. This interesting experiment not only 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 day to the tax payer to maintain a
prisoner in jail and it is a great thing to relieve him of this burden.
Agricultural Sector
Adjoining the jail premises on the south side there was fifty acres jail
farm which is now converted into Ambedkar Rally Sthal. 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 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 members 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.
303
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 Governments had taken it and built 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. Shoemaker shop
3. Washerman’s shop
4. Barber’s shop
5. Cycle repair shop
6. Betel 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 daily wage 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, Model Prison is a semi –open prison half was home and a Central
Jail. The model prison shall have status of a central prison vide g.o. no.
1521/XII-1714 (25)/1947 dated May 12, 1949.
304
Suggestions
The status and working conditions of the prisoners residing in 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 prisoners residing in jail farm colony should be
allowed the remission facility like prisoners in the camps.
Some Reformation, Correctional and Recreational Activities
undertaken into the Model Jail.
A Unique Experiment “ Roshni ki Dehleez”

Living between the walls of guilt and isolation” Roshni ki Dehleez”
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 and 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, qawwali 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 Bhains” –
which shows the real picture of society was honoured by Hon’ble Governor
(Chief Guest) Justice Brijesh Kumar and Audience.
Introduction of Panchayat 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 was
conducted 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 protection of prison has been
given to the Panchayat.
Bail system by 10 convicts for watching of character of every prisoner
who is day and night free, in case of prison crime system of justice in front
305
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 made of Superintendent as Chairman and Jailor as
Vice–Chairman of Panchayat.
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 by trainers.
In the last 5 years (2000-2005) the number of trained convicts are as
under
S. Year Number of Prisoners working Number of new
No in different industries trained prisoners
1 2009 75 22
2 2010 72 19
3 2011 77 47
4 2012 87 21
5 2013 81 20
Total 392 129
Details of Released Trained Prisoners

Vocational training given to the prisoners helped in the rehabilitation
of prisoners. By giving 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 as follows:
Details of released Trained Prisoners

S. Industry 2000 2001 2002 2003 2004 2005
No
1 Powerloom 10 14 06 47 22 19
2 Tailoring 01 03 01 08 03 01
3 Hand Made 03 05 01 11 09 04
Paper
4 Printing Press - 01 - 05 01 02
Total 14 23 08 72 35 26
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Vocational Training: An innovative experiment

Nehru Rozgar Yojana by Govt. was 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 were
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 provided.
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 makes
it more convenient.
Fifteen days' Screen Printing Training was organized with the help
of Confederation of India Industries to provide the vocational training to
prisoners. During 12 July 2002 and 27 July, 2002 prisoners were 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, an NGO organized a 6 months
computer training in Applications to the 13 Intermediate passed convicts of
Adarsh Karagar. Training was inaugurated on 10 March 2001. Organization
provided two trainers and one computer to the prison. On 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. Six 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.
307
Agricultural Production
Cooperative farming of convicts is popular only in Adarsh Karagar
of Lucknow. Cooperative society of convicts is 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. exist but no other budgetary
arrangement for them is made.
Society has right to build capital, participation in the profitability.
Convict members pay their maintenance charges to the govt. There is
arrangement of living of the families of the prisoners also in the Farm
colony. Society has freedom to sell agriculture products in the Mandi of
the city and housing colonies. Total 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 Maintenance charges
(In the account of Convicts) paid
2000-2001 213354 48659
2001-2002 215693 48815
2002-2003 233139 49053
2003-2004 243549 49895
2004-2005 249463 52636
Innovative experiment for the participation of Prisoners in the

programmes of Educational Institutions:
Artistic presentation of skills of prisoners were made 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 is run by convicts
only. On National festivals there is participation of prisoner band in the
march past of Police, PAC and Army. The 1957 Pipe band was converted
into the Brass Band in 1996 with some financial help from government. For
the modernization of band the army band department gave Rs. 50,000/-
assistance in 1999. Booking of Band is done for marriages and other
ceremonies within the territory of city. During 2000-2001 Rs. 24,000/- was
earned with the public booking.
308
Programmes of Prisoners at Raj Bhawan

Honorable Governor Suraj Bhan appreciated institution of Band show
in Educational Institutions. Governor invited Band Party to the Raj Bhawan
after watching the performance of the band at Colvin Taluqdar’s College on
28th Dec., 2000. Welcome of Governor on the occasion of New Year on 1 Jan.,
2001, by the Band Party consisted 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 were played by the band
party. Honorable Governor rewarded them by giving one bouquet and
Rs 1,100/- to every prisoner.
On 4th Jan 2001, all prisoners of Adarsh Karagar, taken oath of Art. 51
regarding duties of the citizens. Governor directed reading of Article 51 at
least once in a week in the prison.
Competitions for Mental Development of prisoners

Continuous effort to develop their minds and to increase the
competition feeling different competitions were organized. Art, Essay
and other Debate competition were 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” topic for essay competition were given. Debates on “The contribution
of prison industries in prisoners rehabilitation” and “Development of India
through small scale industries” were organized at Adarsh Karagar. Ist,
IInd and IIIrd prize were distributioned among convicts. A Drawing and
Painting competition organized on the occasion of Independence Day on
15-8-2001. “National Unity and Integrity”, “Vasudev Kutubkam” “We and
Environment” and “ Jails of 21st Century” were the topics of the debate
programme. DG Prisons gave cash prizes of Rs. 1,800/- to the participant
prisoners.
Naturopathy and Yoga Training

From 12-10-2001, Department of Social Work, Lucknow University
organized a Naturopathy Camp. In which 30 males and 20 female prisoners
were trained for the treatment of physical and mental desease, 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.
309
Twenty-eight prisoners were 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 of Devi Yoga Training Organization.
Dr. Yogiraj Tripathi of Shantikunj Haridwar trained 35 prisoners in
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 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:

Late Dr. Sampurnanand, Former Chief Minister of U.P. arranged first
conference of released prisoners in 1957. Second conference of released
prisoners was 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 was given to 75
prisoners 20 prisoners shared their experience and realistic difficulties they
faced after release.
Programme started with a Yagya. Doordarshan Artiste Shri Bharti
Srivastava and Shri Satish Chandra presented songs and Bhajans followed
by lunch. This was an inspiration for the prisoners and the prison staff.
Independence feeling among women prisoners:

The feeling of depression, discrimination and losts of identity of
women prisoners is a great problem. They 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 of the prisoners. On 10th Oct 2000, Jail
administration experimented the visit of women prisoners the Zoo. Once
in a month on every second Saturday a group of 20 women prisoners with
their children, 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 gave his consent. On 22nd Jan 2001, Honorable Governor
invited prisoners in the dinner parts on the occasion of the marriage of his
son.
310
Family Counselling 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, a NGO established first Family Counselling Centre at Nari Bandi
Niketan, Lucknow. Two women counsellors were 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 was achieved. On 18th March 2001, a Legal literacy camp was
organized with women. Prisoners SSP, Psychiatrist and Psychologist gave
the knowledge about the laws regarding marriages , child labour, dowry,
women property, rape and labour laws.
Vocational Training to Women Prisoners:

In the year 2002 under the Nehru Rozgar Yojana, 30 women prisoners
were trained in tailoring and embroidery trades for 3 months. Every
woman prisoner was given Rs. 750/- Honorarium. In 1999, Hobby classes
were started for women prisoners in Nari Bandi Niketan, Lucknow. Self
Employed Women Association (SEWA) gave 2 months' training to 16
women prisoners in Chicken Embroidery trade.
Starlite Foundation, a 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 every month. They got the orders from
general public.
Training for the Women Prisoners by IGNOU

IGNOU registered 21 convict women prisoners for the 6 months
certificate course on food and nutrition. For that scheme, SSP Adarsh
karagar was appointed as Director. The course fee was Rs. 400/- per woman
prisoner and that was arranged by an NGO Nari Sewa Samiti.
Positive Change in the attitude of Prisoners through Meditation

Regular exercises like Asans, Pranayam, Dhyan, Upasana, etc. were
organized. The distribution of good literature for the self study during
leisure time was also shown. In between programmes of Yagya, Deep
Yagya, Joint Prayer, Arti etc. were organized for changes their attitudes.
311
With the help of Shanti Kunj, Haridwar Dhyan Yoga, Deep Yagya,
a Lecture, by Prajapati Brahmakumari Ishwari Vishvidyalaya on Self-
realization, Vedant and knowledge of param satta, by Sant Asha Ram Bapu
and the Bhajan programme by Anup Jalota were organised time to time.
Twenty four prisoners gave consent in a Red Cross Society Programme of
donation of human organs like Eyes, Kidney, Heart and liver. Chief Justice
D.P. Mahapatra, of Allahabad High Court appreciated the feelings of the 24
lifer prisoners.
Marriage of Prisoners
On 24th March 1999, at Adarsh Karagar, Lucknow the marriage
ceremony of a lifer Mahboob with a bride of a well off family Raisa took
place. Barat started from the jail. The barati prisoners danced on the rhythm
of jail band with the jail officers and staff.
Senior Superintendent of Prison completed all duties from groom
side. The whole society became witnessed through the means of electronic
and print media. Again on 6 July, 2000 the repetition of the achievement of
25 March 1999 took place but this time the actors were different. The groom
was a released lifer Santosh and the bride was women jail warder Ranjana.
312
Some thoughts of the Prisoners
dkjkxkj thou % ,d vk/;kfRed vuqHko

izkphu dky ls fdlh Hkh vijk/k ds vUrxZr n.M ds :i esa dkjkxkj esa Mkyus dh
O;oLFkk FkhA vktknh ds iwoZ esa dkjkxkjksa dh O;oLFkk rFkk cfUn;ksa ds izfr O;ogkj dh dYiuk
ek=k ls gh jksaxVs [kM+s gks tkrs gSaA vktknh ds i'pkr~ yxkrkj dkjkxkjksa dh O;oLFkk esa vkewy
pwy ifjorZu fd;s x;s gSaA fQj Hkh lekt esa dkjkxkj dks yksx ?k`.kk ls ns[krs gSaA pwafd bldk
lEcU/k vijk/k ,oa vijk/kh ls tqM+k gqvk gS blfy, ?k`.kk gksuk LokHkkfod gSA ijUrq esjs fopkj esa
blh dkjkxkj esa Hkxoku Jh d`".k us tUe ysdj bl vikou dkjkxkj dks ikou cuk fn;kA ;g
dkjkxkj ri%LFkyh Hkh gS tgk¡ euq"; vius videksZa dks izk;f'pRr dh vkx esa tykdj uothou
dk l`tu djrk gSA
dqN deZo'k] dqN HkkX;o'k lekt dh eq[; /kkjk ,oa ifjokj ls vyx gksdj dkjkxkj
dh mPp izkphjksa esa fu:) gksdj O;fDr ekufld fod`fr ,oa dq.Bk dk f'kdkj gksus yxrk gSA
og ek;k vkSj eksg ds ckgqik'k esa ca/kk gksus ds dkj.k vius okLrfod thou ds ckjs esa ugha lksp
ikrkA ;g ekuo thou vewY; gSA gekjs /keZxzUFkksa dh ekU;rkvksa ds vk/kkj ij euq"; dks pkSjklh
yk[k ;ksfu;ksa esa HkVddj ekuo thou feyrk gS] xksLokeh th us Hkh fy[kk gS %
**cM+s HkkX; ekuq"k ru ikok] lqjnqyZHk ln~xzUFku xkokAA
lk/ku /kke eks{k dj }kjk] ikb u ts ijyksd laokjkAA**
euq"; Lo;a vius deksZa ls vius HkkX; dk fuekZ.k djrk gSA euq"; Lo;a vius fpUru]
eUFku ,oa lRdeksZa ds }kjk ekuo ls nso ekuo cu ldrk gSA vkt euq"; vius eu] ok.kh vkSj
deZ ij vadq'k u yxk mls ikus ds dkj.k rjg&rjg ds vijk/k dj cSBrk gS] ifj.kkeLo:i
dkjkxkj esa n.M Hkksxuk iM+rk gSA
fo'o dk /keZxq: ekuk tkus okyk Hkkjr] cqf) oSHko dk Hk.Mkj ekuk tkus okyk Hkkjr] fo'o esa
viuh laLd`fr ,oa lH;rk dk ijpe ygjkus okyk Hkkjr vkt ewdn'kZd cudj ik'pkR; lH;rk ds
vuqdj.k dh nkSM+ esa vkxs fudy jgk gSA vkt ge vius _f"k;ksa] euhf"k;ksa ds crk;s gq, ekxZ dks Hkwy
pqds gSaA vkt gekjk lekt laLdkj foghu gks x;k gS ftlds ifj.kkeLo:i gekjs ns'k ds uo;qod
viuk jkLrk Hkwydj rjg&rjg ds vijk/kksa esa izo`Rr gks jgs gSa bl HkkSfrdrk dh nkSM+ esa ge viuk
okLrfod jkLrk Hkwydj xyr jkLrs ij py iM+s gSaA vkt vkilh HkkbZpkjk] izse] ln~Hkko lekIr
gksrk tk jgk gS] ftlls yksxksa dh nwfj;ka c<+ jgh gSaA vkt ge **cgqtu fgrk;] cgqtu lq[kk;** ds
fl)kUrksa dks NksM+dj **LokUr% lq[kk;** ds fl)kUr dk izfriknu dj jgs gSaA vkt yksx xyr
jkLrs ls I;kj] /ku vkSj [kq'kh izkIr djuk pkgrs gSa] ijUrq ;kn jgs] lgh jkLrs ij pydj gh
LFkk;h I;kj] /ku vkSj [kq'kh izkIr dh tk ldrh gSA vkt euq"; rjg&rjg ds vijk/k djds /ku]
oSHko rFkk 'kksgjr izkIr djuk pkgrk gSA vkt gekjs lekt dh n`f"V nwf"kr gks x;h gS] yksxksa dk
pkfjf=kd iru gksrk tk jgk gSa fdlh ys[kd us fy[kk gS%
If Money is gone, nothing is gone,
If Health is gone, something is gone,
and if Character is gone, every thing is gone.
313
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ifjizs{; esa ia- Jh jke 'kekZ vkpk;Z th us dgk Fkk fd **ge lq/kjsaxs tx lq/kjsxk**A
vkt gekjs lekt esa /keZ dk f<a<ksjk ihVdj rjg&rjg ds vijk/k fd;s tkrs gSa] /keZ dh
rjg&rjg ls O;k[;k dh tkrh gS] ijUrq okLrfod vFkZ esa /keZ D;k gS& **vkRekua izfrdwykuka
ijs"kka u lekpjsr~** vFkkZr~ Lo;a dks tks O;ogkj ilUn u gks oSlk O;ogkj nwljksa ds izfr u djsaA
esjs fopkj esa euq"; dksbZ Hkh vijk/k djus ls igys vxj rhu ckrksa dks ;kn dj ys%
1- ejuk gS ;g fuf'pr gS]
2- dc ejuk gS ;g vfuf'pr gS]
3- ejus ds ckn lkFk D;k tkuk gS] rks euq"; vijk/k ugha djsxkA vkt gekjs ns'k ds Ldwyksa
esa Hkkjrh; laLd`fr rFkk /keZ dh f'k{kk ij t+ksj ugha fn;k tk jgk gS ftlds dkj.k cPpksa
dk pfj=k fuekZ.k ugha gks ik jgk gSA
euq"; ds thou esa lq[k vkSj nq%[k vkrs jgrs gSa] lq[k dks euq"; cM+s vkjke ls Hkksxrk gS]
ijUrq nq%[k esa ijs'kku gksus yxrk gSA ;fn euq"; nq%[kn le; esa Hkh vius dks vk/;kfRed fpUru
,oa lnkpkj esa yxk ns rks mldk thou /kU; gks ldrk gSA euq"; dks viuk ifjokj rFkk lekt
NksM+us esa fdruh dfBukbZ gksrh gS ;g eSa tkurk gw¡] ijUrq dHkh&dHkh vfHk'kki Hkh ojnku cuk
tkrk gSA ;g esjs thou esa pfjrkFkZ gqvkA iqfyl foHkkx esa lfoZl ds nkSjku gh ,d ?kVuk esa
funksZ"k gksrs gq, Hkh Qalk fn;k x;k] ifj.kkeLo:i vkthou dkjkokl dk n.M feyk] nks o"kZ
dsUnzh; dkjkxkj esa le; O;rhr gksus ds ckn vkn'kZ dkjkxkj] y[kuÅ vk;kA ;gka ds okrkoj.k
,oa O;oLFkk rFkk vf/kdkfj;ksa ds O;ogkj ls essjs thou dks ,d ubZ fn'kk feyhA ;gka ij gksus okys
dbZ vk/;kfRed dk;ZØeksa ls esjk eu vk/;kfRed fpUru esa yxrk pyk x;kA vkt eSa vius dks
/kU; le>rk gw¡A bl LokFkhZ lalkj esa vkt gesa lkspus dh t:jr gS fd **dLRoa dksga dqr
vk;krk] dk es tuuh dks es rkrk**& eSa dkSu gw¡] dgka ls vk;k gw¡] esjs okLrfod ekrk firk dkSu
gSA vkt eSa **,d cwan** dh rjg gks x;k gw¡] tks cknyksa ls fudydj jksus yxh rFkk lkspus yxh fd
vkt eSa fdlh /kwy esa fey tkÅ¡xh ;k fdlh tyrs ros ij fxj tkÅ¡xh rks esjk vfLrRo lekIr
gks tk;sxk] ijUrq ns[kks] izHkq dh dìk fd brus esa ,d gok dk >ksadk vkrk gS vkSj og cwan leqnz dh
rjQ tkrh gS] leqnz esa ,d lhi dk eqag [kqyk Fkk og mlh esa fxjdj eksrh cu tkrh gSA
dHkh&dHkh euq"; Hkkokos'k esa vkdj vijk/k dj cSBrk gS ijUrq ckn esa mls i'pkrki
gksrk gS] vkSj dqN yksx /ku oSHko ds ykyp esa vijk/k dj Mkyrs gSaA ijUrq ;g fuf'pr gS fd
fdlh Hkh izdkj ds vijk/k dk ifj.kke nq%[kn gh gksrk gSA fdlh Hkh O;fDr dks vkijkf/kd izo`fRr
ls lq[k 'kkfUr ugha fey ldrhA vkt gesa vius rFkk vius HkkbZ;ksa ds Hkhrj n;k] /keZ] lnkpkj
rFkk ijksidkj dk lekos'k djuk gSA eSfFkyh'kj.k xqIr th us fy[kk Fkk&
**;gh i'kq izo`fRr gS tks vki&vki gh pjs]
ogh euq"; gS fd tks euq"; ds fy, ejsA**
;g geas ges'kk ;kn j[kuk pkfg, fd ekuork lcls cM+k /keZ gSA
314
fdlh vPNs jk"Vª ds fuekZ.k esa lcls igys izR;sd O;fDr ds pfj=k fuekZ.k dh izcy
vko';drk gksrh gSA blfy, bl dkjkxkj thou esa Hkh gesa ,d ,sls vkn'kZ pfj=k dk fuekZ.k
djuk gS tks nqfu;k ds fy, ,d mnkgj.k gks ldsA vkt gekjs lekt dks vius iwoZtksa] _f"k;ksa]
euhf"k;ksa ds }kjk crk;s gq, ekxZ dk vuqlj.k djuk pkfg,] ftlls xka/kh th dh *jke jkT;* dh
dYiuk lkFkZd gks ldsA eSa vius bl ys[k ds ek/;e ls lekt dks ;g lUns'k nsuk pkgrk gwa fd
vukpkj] ikikpkj] nqjkpkj ls Åij mBdj lnkpkj] ekuork] ijksidkj dks vius thou esa yk;sa
ftlls vkfRed rFkk ckg; lq[k dk lapkj gks ldsaA blh lanHkZ esa ,d ckr dguk pkgwaxk fd&
**pkj osn N% 'kkL=k esa ckr feyh gS nks;]
nq%[k nhUgs nq%[k gksr gS] lq[k nhUgs lq[k gks;A**
blfy, vkt gesa vPNs lekt rFkk ns'k ds fuekZ.k ds fy, Hkxoku~ jke dk vkn'kZ rFkk
Hkxoku~ Jh d`".k ds izse dk vuqdj.k djuk vko';d gSA esjk iwjk iz;kl gS fd bl vkn'kZ
dkjkxkj esa jgdj ,d vkn'kZ pfj=k dk fuekZ.k djds eqDr gksus ds i'pkr vius ifjokj ,oa
lekt dks ,d ubZ fn'kk ns ldw¡] ftlls esjs psgjs ij yxh cUnh :ih dkfyek /kqy ldsA
vUr esa eSa ;gh dguk pkgw¡xk fd&
**vc rks etgc dksbZ ,slk pyk;k tk;sA
ftlesa bUlku dks bUlku cuk;k tk;sAA
esjk edln gS egfQy jgs jks'ku ;w¡ gh]
pkgs esjk [kwu] nhiksa esa tyk;k tk;sAA**
iqu%&
**losZ HkoUrq lqf[ku% losZ lUrq fujke;k%]
losZ Hknzkf.k i';Urq] ek df'pn~ nq%[k Hkkx Hkosr~A**
lknj ueu~A
&jk/ks';ke ik.Ms;
cUnh ljiap
vkn'kZ dkjkxkj] y[kuÅ
315
tsy thou ds vuqHko vkSj mudk egRo

eSa tc fo'o dk fopkj djrk gw¡ rks eq>s yxrk gS fd bl fo'o esa esjk LFkku d`fe dhVdksa
ls Hkh NksVk gSA eSa NksVk gwa] vleFkZ gw¡ lkjs fo'o esa esjk LFkku fdruk NksVk gS] eSa fdlds ikl
tkÅ¡A ftlus eq>s iSnk fd;k] ftlus eq>s cM+k fd;k esjh ek¡ dh xksn gh esjk og LFkku gSA ml
ij esjk gd gSA ftl ij ge fo'okl dj ldrs gSa ,slk og LFkku gSA
euq"; ,d lkekftd izk.kh gS euq"; thou esa dkQh eqf'dysa vkrh gSaA lkekU; ifjokj
pykus ds fy, thou esa dbZ izdkj dh foifRr;ka vkrh gSaA vk'p;Z dh ckr rks ;g gS fd tks
'kjhj vfLFkj gS mls uCcs izfr'kr ge pykrs gh ugha gSa fQj Hkh mls pykrs gq, eq>s rdyhQ
gksrh gSA eSa vkxs dk ns[k ugha ldrk gw¡] ihNs dk eq>s ekywe ugha gS] eSa ogk¡ [kM+k ugha jg ldrk]
;gk¡ ls fudyus dk ,d gh jkLrk gS] og gS e`R;q] og bruh Hk;adj gS fd mldk fopkj Hkh
ugha dj ldrkA ,slh fLFkfr esa eSa rqEgkjh 'kj.k esa vk;k gw¡A ije~ in ikuk gSA ekuo vfLFkj
LFkku ij cSBk gS ,sls ekuo dks mldk fLFkj LFkku fn[kkuk gS blds fy, le;≤ ij
vknj.kh;] lEekuuh; esjs tsy ds vf/kdkfj;ksa }kjk ckgj ls tsy esa izksxzke djk;s tkrs gS ftlesa
eq>s czgedqekjh cfguksa dk izksxzke cgqr gh vPNk yxkA cfguksa ds fopkjksa dks lqudj vius dks
tkuus dh bPNk tkx`fr gqbZA eSa dkSu gw¡] dgk¡ ls vk;k gw¡] D;ksa vk;k gw¡] esjs okLrfod ekrk&firk
dkSu gSa bR;kfn ckrksa dh tkudkjh feyhA vius ekrk firk dks izkIr djus dh vkB fof/k;k¡ crk;h
x;h gSaA ekrk&firk dk vFkZu ije~firk Hkxoku~ f'ko ls gS ;s fof/k;k¡ fuEuor~ gSa&
1- lgu'kfDr
2- lekfgr dh 'kfDr
3- ij[kus dh 'kfDr
4- larqyu 'kfDr vFkok fu.kZ; 'kfDr
5- lkeuk djus dh 'kfDr
6- lg;ksx dh 'kfDr
7- ladh.kZ 'kfDr
8- lesVus dh 'kfDr
mi;qZDr vkB 'kfDr;k¡ izkIr djus ds ckn euq"; dks bl lalkj ds ek;k eksg ls NqVdkjk
fey tkrk gSA euq"; ds ikl bu 'kfDr;ksa dh deh ds dkj.k vkdfLed xyr dk;Z gks tkrs gSa
ftudk ifj.kke ftUnxh Hkj Hkqxruk iM+rk gSA mnkgj.kLo:i tc vkneh dks lgu'kfDr ls
dk;Z ysuk gS ml le; og lkeuk djus dks rS;kj gksrk gS tc lkeuk djuk gS rc lgu djrk
gS bR;kfnA
Hkwysa djus ds i'pkr~ vkneh fdlds ikl tkrk gS\ tSls ckyd Ldwy esa xyrh djds
vkrk gS rks og fdlds ikl tkdj dgsxk\ og ek¡ ds ikl tk;sxk vkSj viuh xyrh dks dgsxkA
Bhd blh izdkj euq"; tc xyrh djrk gS rks og vius vUr%dj.k ls dgsxk fd Hkxoku~ gels
Hkwy gqbZ eq>s {kek dj nsuk ;gh mldk i'pkrki gSA
316
Hkxoku~ us gesa lqfo/kk,¡ nh gSa] 'kfDr nh] cqf) nh] gesa ekuo cuk;k] vPNk cuk;k] gesa iSls
fn,] fo|k nh] izfr"Bk nh] ijUrq geus dqN ugha fd;kA ge tSls Fks] oSls gh jgsA i'pkrki djus
ds ckn tc vkneh vUr%dj.k ls Hkxoku~ ds lkeus Hkwy dcwy djrk gS rks Hkxoku~ mls ekQ djrs
gSaA nwljk dksbZ ekQ ugha djrk] nwljk NksM+ nsxkA NksM+ nsuk vyx ckr gS] ekQ djuk vyx ckr
gSA nl o"kZ ckn Hkh dgsxk fd ekywe gS rqeus nl o"kZ igys D;k fd;k FkkA igys ftl n`f"V ls
ns[krs Fks mlh n`f"V ls fQj ls ns[kuk {kek gSA
n;k /keZ dk ewy gS] n;k Hkh /keZ dh iw.kZ O;k[;k ugha gSA O;ogkj esa dksbZ yM+dk Hkwy
djrk gS] rks ekurk ugha rc ek¡ dks ,d FkIiM+ ekjuk iM+rk gSA ek¡&cki t:jr iM+us ij cPpksa
dks ekjrs ugha blfy, yM+ds le>rs ugha gSa D;ksafd ek¡&cki dk 'kklu detksj gSA n;k /keZ dk
,d Hkkx gks ldrh gS] iw.kZ O;k[;k ughaA
& jkedqekj iVsy
cUnh
317
dkjkxkj ds ckn
l`f"V dh lajpuk esa euq"; Js"B ekuk x;k gSA fofHkUu izkf.k;ksa dh vis{kk mlesa lkspus
le>us dh 'kfDr vf/kd gSA ikSjkf.kd dFkkvksa ds vuqlkj tc iq.; dk Hkkx vf/kd gksrk gS rc
izk.kh euq"; dk tUe ikrk gSA tUe ls ej.k rd bl uk'koku lalkj esa jgdj vPNs ;k cqjs dk;Z
djrk gSA O;fDr ds dk;Z gh mldk bfrgkl cu tkrk gSA
lalkj ;k lekt esa tUe ysus ds ckn rc O;fDr ;qok voLFkk dh vksj vxzlj gksrk gS]
rks mlesa csgrj balku cuus dh n`<+ bPNk 'kfDr gksuh pkfg,A esjs eu ds Hkko ;gh FksA fdUrq
Hkfo"; dks dksbZ ugha tkurkA esjs thou esa ,slh gh ?kVuk gqbZA esjk tUe ,d e/;oxhZ; ifjokj
esa gqvkA cpiu yxHkx lq[kn jgkA i<+us esa :fp vf/kd gksus ds dkj.k Hkkb;ksa esa lcls vf/kd
f'k{kk IkzkIr dhA ch-,- dh f'k{kk izkIr dj v/;kid izf'k{k.k fd;kA mlds ckn v/;kid in ij
dk;Zjr jgkA
euq"; cqjk ;k [kjkc ugha gksrk] mlds dk;Z o vknrsa gh mls cqjk cuk nsrh gSaA O;fDr
nwljs ds nq%[k dks le>s] vius vUnj ds d:.kk Hkko dks u"V u gksus nsA vkneh vxj fgEer]
esgur vkSj fnekx ls dke djs] rks og vius y{; dks izkIr dj ldrk gSA ij mls lg`n; Hkh
gksuk pkfg,A
vkt tks eSa vkn'kZ dkjkxkj esa fu:) gksdj ltk dkV jgk gw¡ og esjs thou dk Hkksx gSA
gj O;fDr dks vius thou esa mrkj&p<+ko ns[kus iM+rs gSaA ltk ds nkSjku O;fDr dk lEcU/k
?kj ifjokj rFkk lekt ls VwV tkrk gSA dfri; yksx mls dqfRlr n`f"V ls ns[krs gSaA tsyksa esa
'kkjhfjd] ekufld o vkfFkZd izrkM+uk feyrh gS] fdUrq vc ,slk ugha gSA
tsyksa dk uke ifjofrZr dj lq/kkjx`g j[kk x;k gSA ;gk¡ ij O;kogkfjdrk esa lekt tSlk
O;ogkj fd;k tkrk gS fQj Hkh eu o fnekx dks 'kkafr ugha feyrhA tsy ls dSls NqVdkjk feys
;gh fpUrk lnSo cuh jgrh gSA vius ?kj ifjokj] lekt esa Lora=k jgdj thou fcrkuk cM+k
lq[kn yxrk gSA ifjfLFkfr;ksa ds vuqlkj vius dks lek;ksftr dj le; dkVuk ge lcdh
etcwjh jgrh gSA tsyksa esa tks O;oLFkk,a 50 o"kZ iwoZ Fkha ogh pyh vk jgh gSaA muesa lq/kkj dh
vko';drk gSA O;fDr ds NwVus ds le; reke fnDdrsa vkrh gSaA mudk fujkdj.k igys dj
ysuk pkfg,] tSls gokykr dh vof/k dk eaxkuk] oxhZdj.k vkfnA NwVus dh le; lhek dk Hkh
fu/kkZj.k gksA
dkjkxkjksa esa jgdj O;fDr dk ?kj ifjokj rFkk lekt ls tks lEcU/k NwV tkrk gS mls
cuk;s j[kus gsrq ljdkj dqN fo'ks"k fj;k;rsa nsA gkbZdksVZ ls n.M fu/kkZj.k gks tkus ds ckn ,sls
lHkh cafn;ksa dks vodk'k dh lqfo/kk nsA oSls vkn'kZ dkjkxkj esa O;oLFkk gS fdUrq Ldhe tsy
¼xaxk Hkou½ dks gh lqfo/kk izkIr gS tcfd lkjh O;oLFkk ,d gh iz'kkld o ,d gh dk;kZy;
}kjk lapkfyr gSA ,slh n'kk esa ,d:irk gksuh pkfg, fHkUurk ughaA tsy O;oLFkk iz'kkldksa
dh foosd'khyrk ij fuHkZj gSA ;equk Hkou ds yksx Ldhe esa dk;Z djrs gSaA Ldhe tsy ds yksx
dk;kZy;ksa esa Je djrs gSaA
318
dkjkxj esa le;≤ ij lkaLd`frd dk;ZØe gksrs jgus pkfg,A blls cafn;ksa dk
ekufld larqyu Bhd cuk jgrk gS] izlUurk] mYykl dh Hkkouk iSnk gksrh gSA tc eu v'kkfUr
ls 'kkfUr izkIr djrk gS] rks mls cgqr cM+s vkuUn dh vuqHkwfr gksrh gSA ;gk¡ le;≤ ij
lUrksa] egkRekvksa ds izopu gksrs jgus pkfg,A blls O;fDr dks lq/kjus dk volj feyrk gSA
vijk/k dk ewY;kadu U;k;ikfydk,¡ lgh ugha djrh gSaA U;k;ikfydk,¡ yksHk ;k ncko esa QSlyk
dj nsrh gSa tks loZFkk vuqfpr gSA U;k; djus okyk bZ'oj rqY; ekuk tkrk gS fQj og Lo;a xyr
dk;Z djs] rks U;k; dgk¡ gks ik,xkA vijk/k djrk gS ,d O;fDr n.M iwjs ifjokj dks feyrk gSA
D;k U;k; dh ;gh ifjHkk"kk gksrh gSA ;gk¡ ij xksLokeh rqylhnkl ds jkepfjrekul dh iafDr;k¡
v{kjl% lR; gksrh gSa %&
vkSj djS vijk/k dksm] vkSj iki Qy HkksxAA
vfr fofp=k HkxoUr xfr] dks tx tkuS tksxAA
vkt U;k;ikfydkvksa dh Nfo /kwfey gks x;h gSA cM+s&cM+s vijk/kh ftudk is'kk vijk/k
djuk ;k vijk/k djkuk gS U;k;ky; mUgsa csnkx] ckbTtr eqDr dj nsrk gS] Qalrs gSa e/;oxhZ;
fujhg yksxA ,slk D;ksa gksrk gS\ lkekftd lqO;oLFkk VwVus dk ;gh dkj.k gSA ;fn vijk/k djus
ls djkus okyk vf/kd nks"kh ekuk tkrk gS] rks loZizFke cMs+ vijkf/k;ksa dks izFke ckj gh ,slh ltk
fey tkuh pkfg, ftlls os dkjkxkj ls ckgj u fudy ldsaA vijk/k Lor% de gks tk;saxsA tsy
esa jgdj mudh ekufldrk cny tk;sxhA fdUrq tc vijk/k fd;k vkSj iqu% eghus lkyHkj esa
NwV x;s ;k tekur fey xbZ] rks os lekt esa iqu% viuk opZLo dk;e djus dk iz;kl djrs gSaA
lQy Hkh gks tkrs gSaA ,sls yksxksa dh enn jktusrk yksx Hkh djrs gSa tcfd iztkra=k esa mudk
pquko lekt dh turk }kjk gksrk gSA 'kiFk Hkh ysrs gSa vPNk dk;Z djus] xjhcksa dh enn djus
dh ijUrq djrs mlds foijhr gSaA
esjk fopkj gS tgk¡ rd ns[kus eas feyk fd usrk dgrs uhfrxr ckrsa fdUrq djrs vuhfr gSaA
;s yksx cM+s&cM+s vijkf/k;ksa dks laj{k.k nsrs gSaA muls ykHk izkIr djrs gSaA lekt dh O;oLFkk
Bhd j[kus esa bu yksxksa dh izkFkfed Hkkxhnkjh gSA dkjkxkjksa dh lyk[kksa dh ihNs cUn vijkf/k;ksa
ls buds lEcU/k gksrs gSaA ftldk ykHk dkjkxkj esa vijk/kh ikrs gSaA mUgsa lc lqfo/kk,a nh tkrh
gSaA ogha e/;oxhZ; O;fDr ls tkus ;k vutkus esa la;ksxo'k vijk/k gks x;k og tsy vk x;kA
mldh dksbZ ugha lqurk gS u dksbZ ekurk gS] mYVs mls MkaV ;k ekj [kkuh iM+rh gSA
funksZ"k dks iqfyl idM+dj tsy dh lyk[kksa ds ihNs djus esa U;k;ky; ls nks dne
vkxs gSA mldk dke jLlh dks lk¡i cuk nsuk gSA vijk/kh izo`fRr ds yksxksa ls ekgokjh olwyuk]
fujijk/k O;fDr dks idM+dj fofHkUu /kkjk,a yxkdj tsy Hkst nsuk mldh uSfrdrk cuh gqbZ gSA
iqfyl tkurh gS fd veqd O;fDr us vijk/k ugha fd;k gS fQj Hkh >awBh xokgh ds vk/kkj ij mls
Qalk fn;k tkrk gSA tc rd bl O;oLFkk esa lq/kkj ugha gksxk lekt esa lq[k&'kkfUr ugha jgsxhA
tsy thou ls lkekftd thou vPNk gSA ogka viuh Lora=krk jgrh gSA ekufld ruko ugha
jgrk gSA tsyksa esa ge ns[krs gSa fd vURrksxRok lcdqN Hkqykdj bZ'oj dh 'kj.k esa tkuk fgrdkjh
gksrk gSA Hkxoku lHkh ds j{kd gSaA pkgsa og cyoku gks ;k detksjA mldk U;k; lHkh dks ekU;
319
gksrk gSA ;gka ik;k fd lc dqN R;kx Hkxoku ls izse djks] mlh dk /;ku djksA mlh dks izsj.kk
ls lUekxZ ij pyuk lh[k tk;saxsA
dkjkxkj ls eqDr gksus ds ckn lekt esa izse o ln~Hkko dk okrkoj.k cukÅaxkA lcds
lkFk feydj jguk gh okLrfod thou dk lq[k gS blh esa vius dks] lekt o ifjokj dks lq[k
feysxkA ,slk dk;Z u d:axk ftlls fdlh dks d"V ;k nq%[k feysA esjh Hkkouk ;gh jgsxh fd
lHkh lq[kh lEiUu fujksx jgsaA
jke'kadj voLFkh
cUnh
blh ij ge viuh dfork esa lkjh ckrsa fy[k jgk gw¡&
vk¡[ksa Nfo dh efnjk ihrh] tc izse fdlh ls gksrk gSA
g`n; g¡lh ysus tkrk jkew] ij thou og jksrk gSAA
dqN tsy fy[kh Fkh fdLer esa]
dqN fey ds Q¡lk;k yksxksa usA
pyrh gqbZ ykBh ugha ns[kh] ,dne ls Hkkyk Hkksad fn;k
uk tkus dkSu yk;k mldks bYtke yxk;k yksxksa usAA
dqN tsy---------------------
cseryc nq'eu cu cSBs] xqy'ku o peu eSaus lhapk
fQj xqtjs fnu dSls Hkwyw¡ gene dks Hkqyk;k yksxksa usAA
dqN tsy----------------------
dV tk;saxs eqlhcr ds fnu ;s dgus dh dksbZ ckr ugha
ij ,d dgkuh gS xfnZ'k ukgd esa Q¡lk;k yksxksa usAA
dqN tsy---------------------
vkn'kZ dh [kwch D;k dfg;s] bUlku ;gha ij feyrs gSaA
ns[kh vc ns[kh dg Mkyh dksgjke epk;k yksxksa usAA
dqN tsy---------------------
gk; mtM+ x;h fdLer] jkew dks csotg :yk;k yksxksa usA
¼t; ekrk dh½
jkew d';i
xaxk Hkou
320
vkn'kZ dkjkxkj
dkjkxkj ,d ,slk LFky gS ftldk uke lqurs gh iwoZ esa fny ngy tkrs Fks] FkjkZrs FksA
tsy LFky tgk¡ cUnh dks le;] fu;e] dkuwu ds nk;js esa thou;kiu djuk iM+rk gSA dkjkxkj
esa tgk¡ gj cUnh] gj /keZ] fofHkUu tkfr;ksa dk tu lewg ,d ?kkV ij gh ikuh ihrs gSaA ftlesa
vkilh Lusg] I;kj] d:.kk] eS=kh o ln~Hkkouk jgrh gS] ftldk O;k[;ku ftruk fd;k tk;s] og
de gh gS] D;ksafd ckgj ds lekt esa ,slk I;kj] Lusg ns[kus dks ugha feyrk gSA dkjkxkj esa ftl
rjg dk I;kj gS vxj bl rjg dk I;kj] Lusg ckgj dh nqfu;k esa feys] rks 'kk;n gekjs ns'k ds
lekt dk fodkl gksxk vkSj vijk/khdj.k dh foHkhf"kdk ls cp tk;sxkA
vkn'kZ dkjkxkj esa oSeuL;rk uke dh pht ugha gSA dkjkxkj tks fd esjs fopkj ls *rhljh
nqfu;k* tSlh yxrh gSA ,d ,slk LFky gS ftlesa vius ikfjokfjd lq[k nq[k esa lfEefyr ugha
gks ldrsA tSls dgkor gS fd ty esa jgdj ehu I;klhA mlh izdkj dk cUnh thou gksrk gSA
fQj Hkh ge leLr cUnhx.kksa dks ifjokj dh eq[; /kkjk ls tksM+us dk iz;kl djrs jgrs gSa vkSj
vk'oklu fnykrs jgrs gSa fd ,d u ,d fnu bu lyk[ksa ls eqfDr vo'; feysxhA iw.kZ lkgl ,oa
/kS;Z c<+krs jgrs gSa] Hkfo"; esa dHkh Hkh fgEer u gkjsaA
vkn'kZ dkjkxkj esa jgdj cUnh dh vkfFkZd fLFkfr dk Hkh vuqHko gks tkrk gS fd fdl rjg
/kuksiktZu djs vkSj fdl rjg mls fdl en ij [kpZ fd;k tk;sA og vkfFkZd gkykr ds vuqlkj
dk;Z djrk gSA gj iy gj ?kM+h dkjkxkj esa le; dk egRo gSA gj cUnh dks le;kuqlkj dk;Z
djuk] izfrfnu le; ls uk'rk] le; ls Hkkstu] le; ls izfrfnu lksuk bR;kfnA ;gk¡ tks le;
ls dk;Z fd;k tkrk gS ftlls fd dkjkxkj esa cUnh LoLFk jgrk gS] ftlls LokLF; ij cqjk vlj
de iM+rk gSA ckgj dh nqfu;k esa Hkh le; dk cM+k gh egRo gS] tks le; dks Hkwy x;k] le>s ,d
lnh ihNs pyk x;kA blfy, le; dks le>saA
dkjkxkj esa leLr cUnh tks fu:) gSa] tks fd dksbZ fd, gq, vijk/k esa ltk Hkksx jgk gS]
mls rks mlds thou esa i'pkrki ugha gksrk gS] og dgrk gS eSaus fd;kA tks O;fDr ml ?kVuk ls
lEcfU/kr ugha gSa og O;fDr i'pkrki djrk gS] og viuk thou ?kqV&?kqV dj O;rhr djrk gS]
cM+k gh vQlksl djrk gS fd eSa ?kVuk esa 'kkfey ugha] rks ,slh ltk D;ksa feyhA esjh le> ls
vnkyrsa nks izdkj dh gksrh gSa & ,d izkd`frd] nwljh d`f=ke tks fd euq"; ¼U;k;k/kh'k½ ds :i
esa] nwljh bZ'oj ds :i esaA ltk feyrh gS ftls fdLer ;k HkkX; dgsaA
vkn'kZ dkjkxkj eas fo'ks"k dk;ZØe djk;s tkrs gSaA ftlesa gj /keZ ds /keZxq:] egku
foHkwfr;k¡ le; le; ij vius fopkjksa ls cfUn;kas dks vkReT;ksfr] Kku ds ekxZ dks n'kkZrs jgrs
gSa] lks;s gq, vkRefo'okl dks tkx`r djrs jgrs gSaA ;g LFky ,slk riksHkwfe gS ftlesa gj cUnh
riL;k dj jgk gS] gj cUnh ml riL;k esa ri jgk gS vkSj ,slk rik;k tkrk gS tSls lksus dks vkx
esa ftruk rik;k tkrk gS mlesa mruk gh fu[kkj vkrk gSA mlh rjg canh esa Hkh lksus tSlk fu[kkj
vkrk gS rkfd og lekt dh mu fo"ke ifjfLFkfr;ksa esa [kjk mrj lds rFkk lekt esa ,d lH;
thou O;rhr dj lds] lekt dh lsok dj lds] fdlh ds lq[k&nq%[k esa viuk thou vfiZr dj
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ldsA bl izdkj dkjkxkj eas vusdksa izdkj ds dk;ZØe vk;ksftr fd;s tkrs gSaA ftlesa dwV&dwV
dj lekt ds fgr esa dk;Z djus dh izsj.kk nh tkrh gSA
bl vkn'kZ dkjkxkj eas fu:) gksdj tks Hkh vkn'kZ xq.k] vkn'kZ pfj=k] vkn'kZ O;ogkj]
vkn'kZ f'k{kk nh{kk o Kku izkIr gqvk mlls ,d vkn'kZ lekt cukus dh izsj.kk feyhA 'kk;n
fo'o dh dgha Hkh fdlh laLFkk esa bl izdkj dk ekxZ n'kZu ugha feyrk tSlk gekjs bl vkn'kZ
dkjkxkj esa egku fo}ku] foHkwfr;ksa ls tks I;kj] eksgCcr] d:.kk ,oa Lusg feyk mlls gj O;fDr
¼cUnh½ vius vkidks /kU; le>rk gSA ;g gekjs vkn'kZ dkjkxkj dh egku xkSjo o xfjek gS
ftldk Js; vkn'kZ dkjkxkj ds vkn'kZ vf/kdkfj;ksa dks gS ftudks ;g xkSjo izkIr gSA os cfUn;ksa
dks lekt ls tksM+us ds fy, gj iy iz;kljr gSa vkSj mudks gj ?kM+h ;gh [okfg'k gS fd cUnh
vius ifjokj dh] lekt dh vkdka{kkvksa dh iwfrZ dj ldsaA
vkn'kZ dkjkxkj eas HkkbZpkjk ,oa leLr /keksZa dk /keZLFkku cuk;k x;k gS ftlesa izR;sd
/keZ dks n'kkZ;k x;k gS ftlesa fgUnw /keZ] eqfLye /keZ] fl[k /keZ o bZlkbZ /keZ lHkh dk ikou LFky
gSA esjs fopkj ls gj /keZ esa Lusg] lerk] d:.kk o I;kj dk iSxke fl[kk;k x;k gSA blhfy, lHkh
/keksZa dk ,d gh :i gS] ,d gh jax gS] lHkh ,d leku gSa] leLr izk.kh ,d gh ijefirk dh lUrkusa
gSaA ml ijefirk us lHkh dks gok] ikuh] /kjrh] vfXu o vkdk'k fn;k gSA blh izdkj ml bZ'oj
dks leLr izk.kh dk ikyudrkZ crk;k x;k gSA thou nsuk o ysuk mlh ds vf/kdkj esa gS] tcfd
euq"; dks euq"; dk thou ysus dk dksbZ vf/kdkj ugha gSA
eSa dkjkxkj ds leLr dkuwu o fu;eksa dk ikyu djrk gw¡A ;gh gekjk R;kx riL;k ,oa
dRrZO; gS fd Hkfo"; esa ge vius fopkjksa] deksZa o ok.kh ds ek/;e ls lHkh izkf.k;ksa ds lkFk lekt
esa vknj] Lusg ,oa d:.kk] I;kj eksgCcr ls thuk lh[ksaA fdlh dk vfgr u djsa] gks lds rks
Hkfo"; esa fdlh ds dke vk ldsa rkfd lekt dk dqN _.k pqdk ik;sa ;gh gekjk n`<+ ladYi
gSA Hkfo"; esa fdlh izdkj dh nksckjk iqujko`fRr u gksus ik;sA rkfd lekt esa vius dks ,d lH;
lekt ,oa eq[; /kkjk ls tksM+us dk iz;kl djsa ftlls ge lHkh dk Hkfo"; ,d ckj mTtoy gks
ldsA bl riksHkwfe dh riL;k ftruh dh gS mldk Qy fey ldsA eSa vk'kk djrk gwa fd esjs
vkn'kZ dkjkxkj dh vkn'kZ egku foHkwfr;ka] dìkfu/kku] tks fd dìk n`f"V cuk;s j[ksaxs vkSj ge
leLr cfUn;ksa dks eqfDr fnykus dk iz;kl djsaxsA eq>s iw.kZ fo'okl gS fd gekjh leL;kvkas ds
fo"k; esa fujUrj 'kklu iz'kklu dks fn'kk funsZ'k nsrs jgsaxsA
leLr cUnhx.k vkids pj.kksa dh /kwy gSa] n;k dh Hkh[k ekaxrs gSa fd ,d ckj iqu% lekt
dh eq[;/kkjk ls tqM+us dk ekSdk nsa ftlls ge lc vius ifjokj dh vkdka{kkvksa dh iwfrZ dj
ldsaA ;gh esjk fuosnu gS] izkFkZuk gS fd ,d ckj ekSdk vo'; nsa rkfd ?kj edku tks fd {kfrxzLr
,oa ohjku gks x;s gSa] ckfj'k eas <g pqds gSa mudk th.kksZ)kj dj ldwaA
'kr&'kr iz.kkeA
jken;ky] canh
xaxk Hkou] vkn'kZ dkjkxkj] y[kuÅ
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esjh thou ;k=kk

ckr dh 'kq:vkr esjh vYgM+ voLFkk ls 'kq: gksrh gSA mu fnuksa eSaus lu 1976 esa jke
iky f=kosnh dkyst xkslkbZ xat] y[kuÅ ls gkbZLdwy dh ijh{kk mRrh.kZ fd;k FkkA rRi'pkr
ogka ij foKku oxZ dh f'k{kk miyC/k u gksus ds dkj.k esjs eka&cki us eq>s ckjgosa esa i<+us ds
fy, ds-ds-lh- bUVj dkyst esa nkf[kyk fnyk fn;kA ;gk¡ ij i<+rs gq, eSaus bUVj dh ijh{kk
mRrh.kZ dh rFkk ds-ds-lh- fMxzh dkyst esa ch-,l-lh- ¼xf.kr½ dh i<+kbZ djus gsrq izFke o"kZ esa
nkf[kyk Hkh ys fy;kA nsgkr dks NksM+dj 'kgjh pdkpkSa/k rFkk thou ds vYgM+ chlosa o"kZ esa izos'k
us esjs Hkhrj FkksM+k lk cnyko dj fn;k Fkk ftlds dkj.k eq>s flusek ns[kus dk pLdk yxus yxk
FkkA mlh le; esjh ikfjokfjd i`"BHkwfe us esjh thou ;k=kk dks fcYdqy gh eksM+ fn;k ftlds
dkj.k f'kf{kr vkSj lqlH; ukxfjd ds ctk; esjh fu;fr vkthou dkjkokl esa gh cny x;hA
foLr`r O;k[;k ds vuqlkj esjs lcls cM+s rkÅ Jh lksguyky] nknh rFkk ckck ds le;
ls gh fujadq'k rFkk LosPNkoknh vkpj.k ds dkj.k esjs firk eFkqjk izlkn rFkk esjs e¡>ys rkÅ Jh
ckcwyky ls vyx jgrs Fks rFkk mUgksaus T;knk iSr`d lEifRr ij dCtk dj j[kk FkkA esjs firk
rFkk e¡>ys rkÅ ,dlkFk la;qDr ifjokj esa jgrs FksA esjs e¡>ys rkÅ dh fnekxh fLFkfr Bhd
u gksus ds dkj.k la;qDr ifjokj dh iwjh ftEesnkjh esjs firk th ij gh FkhA la;qDr ifjokj dh
Hkkjh Hkjde ftEesnkjh ds dkj.k esjs firk us lu 1970 ds vklikl esjs cM+s rkÅ lksguyky ij
vnkyrh c¡Vokjs ds fy, eqdnek nk;j dj fn;kA ftlds dkj.k d`f"k ;ksX; Hkwfe dk leku Hkkxksa
esa vnkyrh c¡Vokjk gks x;k tcfd fjgk;'kh lEifRr ;kuh edku oxSjg dk dksbZ c¡Vokjk ugha
gqvk FkkA bl rjg ls le; pØ pyrk x;k vkSj esjs vius ifjokj esa esjs cM+s HkkbZ lrh'k pUnz
us bUVj rFkk NksVs HkkbZ mes'k pUnz us nloha dh i<+kbZ iwjh dj yh FkhA yxkrkj f'k{kk dh vksj
vxzlj gks jgs esjs ifjokj dh izxfr esjs cM+s rkÅ dh utj esa [kVdus yxhA mudk ,dek=k iq=k
vfgcju flag ml le; eSfVªd esa i<+ jgk FkkA vr% mUgksaus esjs ifjokj dh izxfr dks fo?kfVr
djus dk rkuk ckuk cquuk 'kq: dj fn;kA
dgk tkrk gS fd ftl izdkj dh pkg gksrh gS mlh izdkj dh jkg Hkh fudy vkrh gSA
la;ksxo'k lu 1979 esa /kku dh Qly dh jksikbZ rFkk flapkbZ ds le; dqnjr us ikuh cjlkus
esa ?kksj datwlh dj j[kh Fkh ;kuh T;knk ikuh pkgus okyh /kku dh Qly dks ikuh u ds cjkcj
fey jgk Fkk og Hkh ugj dh flapkbZ ds gh }kjkA blh ckr dks ysdj ugj ds ikuh dh vksljkcUnh
ds fookn esa esjs cM+s HkkbZ lrh'k pUnz rFkk esjs rkÅ ds yM+ds vfgcju flag ls >xM+k gks x;kA
gkFkkikbZ gks ikrh blds igys gh xk¡o ds ekStwn vU; yksxksa us chp cpko djds fLFkfr dks Vky
fn;k fdUrq ;g ckr esjs rkÅ lksguyky ds fny esa xk¡B dj xbZ rFkk mUgksaus bldk cnyk ysus
ds fy, nwljs yksxksa dks 'kkfey djus dh tqxr yxkuk 'kq: dj fn;kA esjs ?kj ds Bhd lkeus
jgus okys HkxkSrh oekZ dh cnpyu yM+dh ls NsM+[kkuh dk eqn~nk cukdj esjs rkÅ us HkxkSrh dks
viuh ;kstuk esa 'kkfey dj fy;kA ,d fnu tc esjs HkkbZ lrh'k pUnz chM+h rEckdw ysus ds fy,
xk¡o ds gh ,d nqdkunkj eksgu yaxM+ ds ?kj x;s rks ogha ij ekSdk ns[kdj HkxkSrh vkSj mlds
rhu pkj lkfFk;ksa us feydj ns'kh dV~Vs ls lrh'k ij Qk;j djuk pkgk fdUrq Qk;j fel gks
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tkus ij dV~Vs dh cV rFkk ykBh MaMksa ls cqjh rjg ls ekjk ihVk ftlesa esjs HkkbZ dk flj QV
x;k rFkk gkFk VwV x;kA bl ekjihV ds nkSjku ph[k iqdkj lqudj vklikl ds yksx bdV~Bk gks
x;s rks geykoj lrh'k dks NksM+dj Hkkx x;sA esjs ?kj ls djhc 200 ehVj nwj gq, bl gknls dh
tkudkjh tc esjs firk th rFkk ge yksxksa dks gqbZ rks ge yksx nkSM+dj ekSds ij igq¡ps tgk¡ esjs
HkkbZ ygwyqgku iM+s FksA vkuu Qkuu esa mUgsa pkjikbZ ij ykndj ge yksx ,d fdyksehVj nwj
fLFkr Fkkus ys x;sA ogk¡ ij rSukr njksxk tloUr flag us] 'kk;n esjs rkÅ ls igys ls gh lkBxk¡B
cuk yh Fkh] blfy, geykojksa ds f[kykQ dk;Zokgh djus ds ctk; og geha yksxksa ls ftjg djus
yxs fd rqe yksx dSls lkfcr djksxs fd ekjus okys dV~Vk fy;s FksA tcfd bl ckr ds ,d ugha
reke yksx izR;{kn'khZ xokg Hkh FksA vUnj gh vUnj O;oLFkk ds ckjs esa ,d vkØks'k mcy jgk
Fkk rHkh ?kk;y iM+s esjs HkkbZ us dgk fd gedks vLirky ys pyks nok djkvks] gedks fjiksVZ ugha
djuh gS viuk cnyk vius gkFkksa ysuk gSA ;g igyk volj Fkk tc ge fdlh t:jr ds dkj.k
Fkkus x;s Fks ml le; gekjs lEcU/k Hkh bl Lrj ds ugha Fks fd iqfyfl;k dk;Zokgh ds fy, lkslZ
flQkfj'k yxokrs fygktk ge yksxksa us vLirky ys tkdj vius HkkbZ dk nok bykt djk;kA
bl ?kVuk dks gq, djhc ,d eghuk gh chr ik;k Fkk fd 28 vizSy lu 1980 dh 'kke
djhc 6 cts esjs rkÅ lksguyky] mudk iq=k vfgcju flag rFkk esjh pkph bZ'ojnsbZ ,oa mudh
10 o"khZ; ukfru vuhrk vius vk¡xuuqek izkax.k esa cSBs cfr;k jgs FksA vfgcju flag dk fryd
gks pqdk Fkk rFkk 'kknh dh rS;kfj;ksa ds lEcU/k esa ckrsa gks jgh FkhaA mlh le; esjs HkkbZ lrh'k us
vius pkj ik¡p nksLrksa ds lkFk dV~Vk] gFkxksyk] ck¡dk vkSj pkdw ds lkFk mu yksxksa ij geyk
dj fn;k rFkk esjs ?kj eas nkSM+k&nkSM+k dj lksguyky] vfgcju flag vkSj bZ'ojnsbZ dks ekSr ds
?kkV mrkj fn;kA ekSr ds rkaMo esa Hkh ekuoh; laosnuk lekIr ugha gqbZ Fkh blfy, fj'rs esa Hkk¡th
yxus okyh ukckfyx vuhrk ds ekSds ij fojks/k djus ds ckotwn Hkh esjs HkkbZ ,oa muds lkfFk;ksa
us mls fdlh izdkj dh gkfu ugha igq¡pk;hA
cnys ds bl [kwuh [ksy esa eq>s Hkh 'kkfey gksus dh cM+h mRdaBk Fkh fdUrq ,su oDr ij
?kVukLFky ls 50 dne igys gh esjs HkkbZ us eq>s euk dj fn;k Fkk fd rqe blesa ugha jgksxs
tcfd esjs NksVs HkkbZ ls blls dksbZ eryc ugha FkkA esjh ekrk fo|korh Hkh ugha tkurh Fkh fd
esjs [kkunkuh iM+kslh ifjokj ij bruk cM+k gknlk gks tk;sxkA tcfd esjs firk mlh fnu fdlh
dpsgjh ds dke ls y[kuÅ vk;s Fks vkSj jkr esa ;gha :d x;s FksA
[kSj bu lc fLFkfr;ksa esa Fkkus ls ek=k pUn dneksa dh nwjh ij gq, bl frgjs gR;kdkaM
us iqfyl iz'kklu dh uhan mM+k nhA ge yksxksa dks Qjkj gksuk rks etcwjh Fkh D;ksafd ,d rks esjs
?kj ds fcYdqy feyku esa mudk ?kj Fkk nwljs mu yksxksa ls gekjk >xM+k Hkh gks pqdk Fkk rFkk
vuhrk us esjs HkkbZ dks igpkuk Fkk blfy, uketn fjiksVZ rks gksuh gh Fkh vkSj gqvk Hkh oghaA
iqfyl us ukckfyx vuhrk vkSj mldh ek¡ jktdqekjh rFkk cki jkenso dks le>k cq>kdj bl
ckr ds fy, rS;kj dj fy;k fd lrh'k ds iwjs ?kjokyksa dh uketn fjiksVZ djk nks rqEgkjk
dk¡Vk lkQ gks tk;sxk] lc ds lc Q¡l tk;saxsA vuhrk ds ek¡&cki iqfyl dh bl lgkuqHkwfr esa
fNih dwVuhfr dks le> ugha ik;s fd blls iqfyl okLrfod vijkf/k;ksa dh [kkst djus ls cp
324
tk;sxh rFkk uketn yksxksa ds mRihM+u esa /kuykHk Hkh djsxhA bl ;kstuk esa nksuksa i{kksa dk ykHk
tqM+k Fkk ftlesa gekjs iwjs ifjokj ds Q¡lus ij lkguyky dh lEifRr ij vuhrk ds ek¡&cki
dk dCtk gksuk Fkk D;ksafd vfgcju dh ,dek=k cgu jktdqekjh gh FkhA blfy, ogh gdnkj
curhA nwljh rjQ iqfyl dh Hkh reke eqf'dysa vius vki gy gks jgh FkhaaA vr% blh ;kstuk
dks veyh tkek iguk;k x;k rFkk esjs ppsjs HkkbZ egs'kpUnz dks }kjk ,Q-vkbZ-vkj- ntZ djk
nh x;h ftlesa eq>dks] esjs HkkbZ lrh'k pUnz] esjs firk eFkqjk izlkn rFkk esjs xk¡o ds gh esjs ,d
[kkl nksLr v'kksd dqekj dks uketn djk;k x;kA Qjkj rks ge yksx Fks gh blh chp esa iqfyl
us gekjs ?kj dh dqdhZ dj yhA blds i'pkr gh ge yksxksa dk vkReleiZ.k laHko gks ik;k ;gk¡ ij
Hkh gekjs lkFk /kks[kk gh gqvkA gekjk vkReleiZ.k djkus okys esjs odhy bUnznso flag ¼ftudh
y[kuÅ dysDVªsV ds ikl esa gR;k dj nh xbZ gS½ us esjs Fkkus ds njksxk tloUr flag ls lkft'k
djds vkReleiZ.k djkus esa foyEc djk fn;k Fkk rkfd iqfyl dqdhZ dj ys vkSj eq>dks ¼odhy
dks½ dqN vfrfjDr ykHk djk nsA vr% dqdhZ dk;Zokgh esa esjh vikj py lEifRr dqdZ gks xbZA
iqfyfl;k ncko ds dkj.k esjs fj'rsnkj rFkk 'kqHkfpard pkgrs gq, Hkh esjh enn ugha dj ik;saA
esjh ekrk th ds crkus ds vuqlkj dqN tsoj xgus ?kj esa Nqik dj j[ks Fks ftudks ge yksxksa dh
xSjekStwnxh esa esjs e¡>ys rkÅ ckcwyky ds yM+dksa egs'k] lqjs'k rFkk jes'k oxSjg us Nqi Nqik
dj [kkst fy;kA fQygky ge nksuksa HkkbZ;ksa rFkk firk th ds vkReleiZ.k ds ckn fLFkfr;ksa eas
dqN lq/kkj gqvk rFkk esjh ekrk th vkSj NksVs HkkbZ us dqdZ lEifRr dh okilh djkbZ ftlesa dgus
lquus Hkj dk lkeku gh okil gqvk 'ks"k lc iqfyl vkSj foi{kh yksx gte dj x;sA bl izdkj
tsy esa jgrs gq, vkB eghus ckn e'kgwj odhy ohjsUnz HkkfV;k us gekjh tekur djkbZA ftlesa
mPp U;k;ky; y[kuÅ us bu 'krksZa ds lkFk tekur Lohd`r dh fd vfHk;qDrksa }kjk xokgksa dks
/kedk;s tkus dk [krjk gS vr% vfHk;qDr vius fuokl LFkku ij ugha jgsaxsA vnkyrh fu.kZ; vkSj
fookn Vkyus ds mnns'; ls eSa tsy ls NwVus ds ckn vius ekek rstcgknqj flag fuoklh xzke
ikVeÅ ftyk ckjkcadh ds ;gk¡ djhc nks lky rd jgkA /khjs&/khjs eqdnes dk Øe c<+rs gq,
lu 1983 esa esjk l=k U;k;ky; ls fu.kZ; gks x;kA esjs odhy jkepUnz flUgk rFkk ohjsUnz HkkfV;k
dh nyhyksa dks lquus ds ckn vij l=k U;k;k/kh'k iape Jh fo'oEHkj ukFk ikaMs; us ejs firk
rFkk esjs nksLr v'kksd dks cjh djrs gq, eq>s vkSj esjs cM+s HkkbZ dks vkthou dkjkokl dh ltk
lqukbZA vijk/k dh vufHkKrk ds dkj.k vkthou dkjkokl dh ltk lqudj Hkh eSa fufoZdkj gh
jgkA esjs firk th rFkk odhy ohjsUnz HkkfV;k dh Rofjr HkkxnkSM+ ds dkj.k ltk iM+us ds fnu gh
rhu cts mPp U;k;ky; y[kuÅ ds ;gk¡ vihy Lohdkjrs gq, tekur Hkh fey xbZA nwljs fnu
tkfeunkjksa dh Rofjr dk;Zokgh iwjh gksdj ge nksuksa HkkbZ;ksa dk fjgkbZ vkns'k dkjkxkj y[kuÅ
ig¡qp x;k vkSj ge yksx 'kke 7 cts ds djhc tsy ls NwV x;sA
blds i'pkr bZ'oj dh dìk ls FkksM+h cgqr va'kiw¡th tek djds esjs firk us ,LdkWVZ&345
VSªDVj ys fy;kA ml le; gekjs dLcs rFkk vklikl esa VSªDVj fcYdqy u ds cjkcj Fks fygktk
fdjk;s ij tqrkbZ oxSjg dk dke cgqr T;knk feyus yxk rFkk ge yksxksa dh vkfFkZd fLFkfr
iqu% dkepykÅ gks xbZA fdUrq ge rhuksa HkkbZ;ksa dh i<+kbZ dk Øe fcYdqy gh VwV x;kA ml
le; rd esjh 'kknh Hkh ugha gqbZ FkhA blds i'pkr lu 1984 esa esjh 'kknh fHkfUM;k Vksyk] cM+k
325
pk¡nxat] y[kuÅ esa gks xbZA esjh /keZiRuh 'kdqUryk nsoh ds firk dkerk izlkn oSls rks iq'rSuh
:i ls xzke ikVeÅ ftyk ckjkcadh ds fuoklh Fks fdUrq cpiu ls gh c'khjr xat] y[kuÅ
esa jsfM;ks] Vh-oh- dSfcusV cukus dk dkj[kkuk pykrs FksA blfy, y[kuÅ ls gh 'kknh djuk
mUgsa lqyHk yxkA blds mijkUr lu 1985 esa esjh lcls cM+h yM+dh jkuh oekZ dk tUe gqvk
rFkk vLFkk;h :i esa vkokl fodkl ifj"kn fuekZ.k [k.M 13 esa esjh ukSdjh Hkh yx x;hA bl
izdkj ukSdjh djrs gq, x`gLFk ds :i esa le; chrrk x;k vkSj lksuh] eksuh] lkfo=kh ds :i esa
eq>s dU;k/ku feyrk jgkA blh chp lu~ 1988 esa eSaus vius NksVs HkkbZ mes'k pUnz dks Hkh vkokl
fodkl ifj"kn esa vLFkk;h :i ls ukSdjh esa yxok fn;k rFkk mldh Hkh 'kknh [kSjk dudw xk¡o
ftyk ckjkcadh ds jke nqykjs dh yM+dh vuhrk ds lkFk dj nh xbZA bl rjg ls rhuksa Hkkb;ksa
ds ifjokj ds c<+us dk Øe Hkh pyus yxka vkfFkZd vkSj ikfjokfjd ftEesnkjh mBkus ds mn~ns';
ls lu 1990 ds djhc esa vkilh c¡Vokjk Hkh dj fy;kA
bZ'ojh; dìk us ge ifr&iRuh dh ea'kk Hkk¡i dj lu 1992 esa iq=kjRu ds :i esa cM+s yM+ds
oa'kjkt iVsy dks tUe fn;kA ;g ml fnu dh ckr gS fd ftl fnu oa'kjkt mQZ xksyw ds iSnk gksus
ds Bhd nwljs fnu esjh ek¡ dk] oS".ko nsoh ds n'kZu dh ;k=kk gsrq] fjtosZ'ku dqN lkfFk;ksa ds lkFk
fu/kkZfjr FkkA ekrk th dh fo'ks"k dìk ekudj eSaus [kq'k eu ls ekrk oS".ko nsoh ds n'kZu fd;sA
blh chp gekjs {ks=k esa fdlkuksa ds fgrksa ij vk/kkfjr xSjjktuSfrd laxBu Hkkjrh; fdlku
;wfu;u dh mRrstd dk;Ziz.kkyh iz[kj gks jgh Fkh ftldk eq>ij Hkh vkaf'kd izHkko iM+us yxkA
le; dh j¶rkj c<+rh x;h vkSj lu 1994 esa esjs nwljs iq=k uhjt iVsy dk Hkh tUe gks x;kA
nwljh rjQ vkUnksyukRed izHkko dh izcyrk ds dkj.k lu 1993&94 esa eSaus LosPNk ls ukSdjh
ij tkuk cUn dj fn;kA esjh iRuh] ek¡ rFkk vU; reke yksxksa us eq>s cgqr le>k;k cq>k;k fdUrq
esjk mUekn vkSj tquwu Fkeus dk uke ugha ys jgk FkkA vr% eSaus fdlh dh ckr ugha ekuh vkSj
lfØ; ØkfUrdkjh ds :i esa mDr laxBu esa dke djus yxkA vkaf'kd uSfrdrk vkSj bZekunkjh
ds dkj.k esjh vkfFkZd fLFkfr xM+cM+kus yxhA [ksrh fdlkuh esa Hkh i;kZIr le; u ns ikus ds
dkj.k vkfFkZd fLFkfr [kjkc gks x;h vkSj ifjokj lapkyu dk dVq vuqHko lkeus vkus yxkA N%
cPpksa rFkk ifr&iRuh ds ifjokj esa cPpksa dh f'k{kk nh{kk] oL=k rFkk ?kjsyw bLrseky dh phtsa]
lkekftd Lrj dh lekurk tSlh reke vko';drkvksa us eq>dks rFkk esjh /keZiRuh vkSj cPpksa
dks >d>ksjuk 'kq: dj fn;k fQj Hkh geus vius fl)kUrksa vkSj mlwyksa esa cnyko ugha vkus
fn;kA ge bZekunkjh esa fcYdqy lR;oknh gfj'pUnz rks ugha jg lds fdUrq ifjokj] lekt vkSj
'kqHkfpardksa ls fey jgh izfrfØ;kvksa ds vk/kkj ij ,d laosnu'khy ukxfjd gksus dk nkf;Ro
c[kwch fuHkkrs jgsA tgk¡ ij vkt ds ;qx esa O;fDr dh igpku mlds lalk/kuksa ,oa lEcU/kksa ij
fuHkZj djrh gS] ogha ij gesa tulsok djus ds fy, [kqn dks 'kfDr LrEHk ds :i esa LFkkfir djus
dh ea'kk ds okLrs **vkt** v[kckj ds LFkkuh; laoknnkrk cuus dk lgkjk ysuk iM+kA blds
i'pkr~ LFkkuh; iz'kklu esa ge xjhcksa] ijs'kkuksa dh tk;t Hkh izkIr gksrh jghA
lu~ 1994 ls lu~ 1998 rd dbZ voljksa ij ,slk izrhr gqvk fd eku lEeku fc[kj tk;sxk
fdUrq lPps eu ls dh tk jgh lsok ds dkj.k eku&lEeku [kafMr ugha gqvk rFkk blh nkSjku
reke izdkj ds lkekftd] jktuSfrd] cqf)thoh rFkk iz'kklfud lsodksa ls lEidZ Hkh gqvkA
326
O;fDrxr thou esa cPps /khjs&/khjs cM+s gksus yxs rks mudh i<+kbZ] [kkuiku tSlh vko';drk,¡
Hkh c<+us yxhaA blh chp esjh lsok ds dkj.k esjs izfr fo'ks"k gennhZ j[kus okyh esjh ekrk th dk
dSalj ds dkj.k 2 tqykbZ 1999 dks fu/ku gks x;kA vc ifjokj dks laHkkyuk ,dek=k [kqn ds gh
lgkjs FkkA esjh iRuh Hkh iwjs euks;ksx ls esjk lkFk ns jgh Fkha fdUrq vYi f'k{kk ds dkj.k uohu
vk;ke ;Fkkuqdwy ugha gks ikrs FksA m/kj esjs NksVs csVs uhjt dk eu Hkh 3 lkyksa rd cky izo`fRr
esa vVdk jgkA mldk eu i<+kbZ esa fcYdqy u yx jgk Fkk rFkk og fdlh Hkh dher ij fdlh
Hkh Ldwy esa i<+us tkus ds fy, jkth ugha gksrk FkkA lcls NksVk vkSj nqykjk gksus ds dkj.k eSaus
xaHkhjrkiwoZd mldh i<+kbZ dk fodYi rS;kj fd;k ftlls mldh i<+kbZ Hkh gks lds rFkk dqN
vfrfjDr vk; dk Hkh lgkjk cu tk;A ;g lkspdj lu~ 2000&2001 ds 'kSf{kd l=k gsrq eSus
viuh futh tehu ij vLFkk;h fuekZ.k djok dj **ljnkj iVsy twfu;j gkbZLdwy** ds uke ls
,d fo|ky; dh 'kq:vkr dj nhA gekjs iz;klksa ds dkj.k igys gh l=k esa djhc 75 cPpksa dk
nkf[kyk gks x;kA blds ckn vU; 'kSf{kd l=kksa esa Hkh Nk=k la[;k eas visf{kr o`f) gqbZA bl izdkj
lksps x;s Øe dk visf{kr ifj.kke feyus yxk rFkk thou ds la?k"kZ O;ofLFkr gksuk 'kq: gks x;sA
blh le; esjs lcls cM+s nqHkkZX; us iyVk [kk;k rFkk lu 1984 esa mPp U;k;ky;
y[kuÅ esa nkf[ky dh xbZ esjh cpko vihy dks U;k;ky; us 2 fnlEcj] 2002 esa [kkfjt dj
fn;kA bldh tkudkjh gksus ij rks esjk /kS;Z gh tokc nsus yxk FkkA ml le; bUVj es i<+ jgh
esjh cM+h yM+dh jkuh dh 'kknh djus gsrq eSaus 13 ebZ] 2003 dh frfFk fu/kkZfjr dj j[kh Fkh rFkk
'kknh dh rS;kfj;ka dj jgk FkkA mlh ekSds ij esjs lcls NksVs Hkrhts fufru dk eqaMu laLdkj
gksuk Hkh fuf'pr gks pqdk Fkk ftlds fy, rks fueU=k.k dkMZ Hkh ck¡Vs tk pqds FksA bl rjg ls
[kqf'k;ksa ds okrkoj.k dks ijs'kkfu;ksa ds dkys ckny us <d fy;kA vkuu Qkuu esa eq.Mu laLdkj
dk dk;ZØe LFkfxr dj fn;k x;k rFkk HkkxnkSM+ dj ds odhy ohjsUnz HkkfV;k ds ek/;e ls
fu.kZ; izfr fudyokbZ x;hA fu.kZ; izfr feyrs gh loksZPp U;k;ky; ls jkgr feyus dh mEehn
esa ,d ifjfpr LFkkuh; odhy ds ek/;e ls fnYyh esa Jh Vh-,u- flag dks viuk odhy fu;qDr
fd;kA odhy us 14 Qjojh 2003 dks ,l-,y-ih- rS;kj djds loksZPp U;k;ky; esa nkf[ky dj
nh rFkk ge nksuksa Hkkb;ksa dks vkReleiZ.k gsrq le; fn;s tkus dh U;k;ky; ls izkFkZuk Hkh dhA
U;k;ky; }kjk vkReleiZ.k gsrq vkB lIrkg dk le; fey tkus ls gesa FkksM+h jkgr vo';
eglwl gqbZA eSaus HkkxnkSM+ djrs gq, ebZ 2003 esa viuh yM+dh dh iwoZ fu/kkZfjr 'kknh fonkbZ dk
dk;Z iwjk fd;k rFkk blh uktqd le; dk lnqi;ksx djrs gq, viuh Hkrhth fdju dh 'kknh
r; djds 14 twu] 2003 dks mldh Hkh 'kknh fonkbZ dj nhA esjh pkj yM+fd;ksa esa cM+h yM+dh
rFkk esjs cM+s HkkbZ dh ,d ek=k Hkrhth dh le; ls 'kknh gksus dh egku ftEesnkjh iwjh gks pqdh
FkhA blls gesa cM+k larks"k gqvkA vc le; Fkk xEHkhjre ltk ds lp dk lkeuk djus dkA esjs
HkkbZ ds fopkj esa iyk;u dj tkuk mfpr Fkk fdUrq esjh utj esa lekt ls feys eku lEeku
vkSj vcks/k cPpksa dh [kq'kh ds fy, vius dks cfynku djus dk jkLrk mi;qDr ekywe iM+ jgk
FkkA lks eSaus n`<+rk ls vkReleiZ.k djus dk gh fu.kZ; fy;kA ftlls foo'k gksdj esjs HkkbZ dks
Hkh esjs fu.kZ; dks Lohdkj djuk iM+kA nwljh rjQ loksZPp U;k;ky; }kjk iznRr le; lhek 14
twu] 2003 dks lekIr gksrs gh 3 tqykbZ] 2003 dks fxj¶rkjh okjUV esjs Fkkus igq¡p x;kA ftlds
327
vuqikyu esa 4 tqykbZ] 2003 dks esjs HkkbZ lrh'k dks iqfyl us idM+ fy;kA ml le; eSa vius
i=kdkj fe=k vfuy prqosZnh ds lkFk vke dh nkor [kkus x;k FkkA ykSVus ij HkkbZ dh fxj¶rkjh
dk okd;k ekywe gqvkA vc flok; vkReleiZ.k ds vkSj dksbZ jkLrk Hkh ugha FkkA vr% vius dqN
pqfuank fj'rsnkjksa vkSj 'kqHkfpardksa dh ekStwnxh esa eSaus 7 tqykbZ dks vij l=k U;k;k/kh'k iape dh
vnkyr esa vkReleiZ.k dj fn;kA
ftyk dkjkxkj dh ukjdh; ;kruk esa xqtj djrs gq, 3 vxLr] 2003 dks gekjk pkyku
dsUnzh; dkjkxkj okjk.klh ds fy, dj fn;k x;kA fdUrq ftyk tsy esa jgrs gh gekjs 'kqHkfpardksa
ds lqifjfpr dkjkxkj foHkkx ds rRdkyhu lfpo Jh ghjkef.k ;kno ds iz;klksa ls ge yksxksa
dks vkn'kZ dkjkxkj y[kuÅ LFkkukUrfjr fd;s tkus dh dk;Zokgh izkjEHk gks x;h FkhA mlh
njfe;ku izns'k dh lRrk dk ifjorZu gqvk vkSj u;s dkjkxkj ea=kh ds :i esa Jh jkds'k oekZ dh
rktiks'kh gqbZA Jh oekZ esjs nwj ds fj'rsnkjksa ds lEidZ esa FksA vr% esjs ifjtuksa us HkkxnkSM+ djds
15 Qjojh] 2004 dks ekWMy tsy LFkkukUrfjr djok fy;kA ekWMy tsy vkus ij eq>s irk yxk
fd cfUn;ksa dks lq/kkj vkSj iquokZl dh tks lqfo/kk ;gk¡ nh tk jgh gSa og okLro esa cUnh thou
esa ehy dk ,d iRFkj gh gSA o"kZ esa ,d ckj 15 fnu dk x`gvodk'k] rks ekufld :i ls VwV
jgs cUnh ,oa mlds ifjokj ds fy, ,d ojnku gh gSA ;gk¡ ij lkaLd`frd ,oa 'kkjhfjd lkS"Bo
dh rek¡e ;kstuk,¡ cfUn;ksa dh okLrfod izfrHkk dks fu[kkjus ds vfHkuo iz;kl gSaA ;gk¡ ij
cfUn;ksa dh LoO;oLFkk ds :i eas cUnh cUnh iapk;r Hkh l`ftr gSaA ftlds uohu Lo:i ds xBu
esa cfUn;ksa us cUnh iapk;r lnL; ds :i esa esjk Hkh p;u fd;k gSA ;gk¡ ds izokl esa ,slk yxrk
gS fd thou dk dqN lsok dk;Z 'ks"k Fkk tks cfUn;ksa vkSj dkjkxkj dfeZ;ksa ds chp iwjk djuk gSA
;gk¡ ij fdlh izdkj dh Xykfu vkSj ghu Hkkouk ls nwj jgdj bZ'oj ls izkFkZuk gS fd ifjokj dh
'ks"k ftEesnkfj;ksa dks ;Fkkle; iwjh djus dk ekxZ iz'kLr djsaA ;g loZekU; fl)kUr Hkh gS fd
lq[kksa dk miHkksx ugha cfYd la?k"kksZa dk lkeuk djuk gh thou dk ;FkkFkZ gSA ifjfLFkfr;ksa ds
chp mi;qDr jkLrk cukuk gh lPps ekuo thou dk iq:"kkFkZ gSA
& fxjh'k pUnz iVsy] vkn'kZ canh
xaxkHkou
328
tsy thou fopkj/kkjk

okYehfd th ds }kjk Hkxoku dks crk;s gq, ?kj esa jguk iM+kA cUnh HkkbZ vkt gekjk
bfrgkl crk jgk gS fd Hkxoku jke th tc vk;Zoa'kh dgyk;s] tc tokgj yky usg:
iz/kkuea=kh cus Fks ml le; dk;Z lgh gqvkA fdlh lekt dks ;k fdlh nfyr o etnwj ;wfu;u
dk LokfHkeku rksM+k ugha x;kA xjhcksa ds fy, la?k"kZ thou dFkkdkj dk;kdYi bfrgkl cukdj
viuk thou vej dj x;s vkSj MkW- jke euksgj yksfg;k us dgk Fkk fd tqYe tgk¡ lgs tkrs gSa]
dRy ogha ij gksrs gSaA tqYe lguk cUn gks tk;s] rks dRy gksuk cUn gks tk;saxsA vkt ns'k dks
vktkn gq, 59 o"kZ gks x;s gSa] dksbZ dkuwu O;oLFkk lgh gS\ vkt xjhcksa dk iSlk tks fodkl ds
fy, vkrk gS] mldks xk¡o ds cM+s vkneh o xzke iz/kku nksuksa feydj [kk tkrs gSaA ;fn dksbZ xjhc
O;fDr dgus ds fy, rS;kj gks tkrk gS] rks mldks fdlh QthZ dsl esa Q¡lkdj tsy fHktok nsrs
gSa vkSj mlds ckn esa mlds ?kj esa MdSrh Hkh Mky ysrs gSaA xjhcksa dks gj rjg ls ijs'kku fd;k
tkrk gS vkSj xjhcksa dh [ksrh Hkh tksr ysrs gSaA tcfd Hkkjrh; lafo/kku esa fy[kk gS fd fdlh xjhc
dks ijs'kku djus ij 5]000@& ¼ik¡p gtkj :i;s½ tqekZuk o ik¡p o"kZ dh ltk Hkksxuh iM+sxhA
oksV Mkyus o bysD'ku yM+us dk vf/kdkj cjkcj dk feyk gSA gj vkneh dh oksV dh dher ,d
yk[k :i;s ls ysdj ,d djksM+ :i;s rd gSA ysfdu xjhc vius oksV dh dher ugha le>rk]
xjhc vkneh ds ikl 'kjhj dk cy T;knk gS vkSj cqf) dk Kku de gSA blhfy, xjhc ijs'kku
jgrk gSA eSaus Hkh dsl ugha fd;k gSA gedks Hkh bysD'ku dh jaft'k ds dkj.k QthZ dsl esa Q¡lk;k
x;k Fkk D;ksafd ge ch-Mh-lh- lnL; dk bysD'ku thr x;s FksA blfy, gels jaft'k ekuus yxs
Fks vkSj ge ij xokgksa dks 60 gtkj :i;s nsdj xokgh fnyok fn;kA blfy, gedks ltk gks
x;h gSA lc NwV x;s gSaA esjs ikl iSlk ugha Fkk blfy, U;k;ky; us eq>s ltk ns fn;kA xjhc
gj txg ijs'kku jgrs gSaA ;fn U;k;ikfydk o iqfyl foHkkx esa lq/kkj gks tk;s] rks xjhcksa dh
j{kk gks tk;sA D;ksafd dsl cM+s vkneh djrs gSa] iqfyl muls cksyrh Hkh ugha gS vkSj xjhc vkneh
dks dsl yxkdj tsy Hkst nsrh gSA blfy, fd ckn esa xjhcksa dh ekrk] cguksa o yM+fd;ksa ds
lkFk nqjkpkj dk O;ogkj fd;k tkrk gSA xjhcksa ds lkFk tsy esa Hkh lkSrsyk O;ogkj fd;k tkrk
gSA nwljksa ds lkFk og O;ogkj u djks tks rqEgsa vius fy, ilan ugha gSA blfy, xjhc vkils
ekuork dSls djsaxs\ eSa xyr vkneh ds lkFk ekuork ugha dj ikÅ¡xk D;ksafd e`rd feUVw flag
[kw¡[kkj vijk/kh FkkA blfy, fd mlus efgykckn {ks=k ds Jeea=kh Jh dkS'ky fd'kksj o eky
Fkkuk {ks=k ds usrk t;iky ifFkd o ikVhZ usrk lnL; eqUukflag ;kno dh dkj ij xksyh pykbZ
Fkh vkSj blfy, mu yksxksa us vius vkneh Hkstdj [kw¡[kkj feUVw flag dks ekj Mkyk] chp cktkj
esa ce ls mM+k fn;kA
cUnh I;kjsyky ch-Mh-lh- lnL; dk bysD'ku thr x;s FksA blh jktuhfrd jaft'k ds
dkj.k vkSj xk¡o dk ekeyk Fkk blfy, geha yksxksa dh uketn fjiksVZ dj fn;sA bu yksxksa us
vkbZ-th- dks iSlk ns fn;k blfy, bu yksxksa dks u rks tsy tkuk iM+k u gh fjiksVZ gqbZA vc xyr
dsl esa vkthou dkjkokl dh ltk gks jgh gS vkSj gedks tsy esa 10 o"kZ gks x;s gSaA dkSu gekjs
cPpksa dks [kkus dks ns] dkSu cPpksa dks diM+k ysdj nsA crkvksa dSls ns'k dk lq/kkj gksxk] crkvks
U;k;ky; ls U;k; ugha feyrkA vf/kdkjh oxZ ls iSlk ds fcuk dksbZ dk;Z ugha gksrkA crkvksa ns'k
329
dk dSls dY;k.k gksxk\ gj rjQ tkfrokn vkSj /keZokn vkSj dgrs gSa fd vkradoknh gekjs ns'k
esa dbZ ckj pyrs gSa vkSj xjhcksa ds lkFk lQsn pknj vks<+ djds jktuhfr dh tkrh gSA blfy,
xjhc ijs'kku jgrs gSaA eSaus dksbZ dsl Hkh ugha fd;k u rks dksbZ xyrh dh gSA flQZ nwljksa dh
HkykbZ ds fy, pkj liZ o ckt i{kh ekj fn;k gSA blfy, vkthou dkjkokl dh ltk feyh gS
vkSj tsy esa 10 o"kZ gks x;s gSaA vc T;knk ugha fy[ksaxsA vki yksx [kqn le>rs gSaA gekjs fopkj
;g gSa fd ,d ckj n;k ;kfpdk ij fjgk dj nsaA gekjs fopkj ;g gSa fd tsy gks ;k ckgj 'kkafr
ls jguk pkfg,A
,d ckj ljdkj n;k ;kfpdk ij fjgk dj ns] rks ge xjhc cPpksa esa jgdj viuk vewY;
thou fcrk;saxsA vxj iwjh ltk dkVdj NwVsaxs rks fQj dqN djuk iM+sxkA D;ksafd eSa funksZ"k
QthZ dsl esa vkthou dkjkokl dh ltk Hkksx jgk gw¡A esjk gjnksbZ ftyk gSA eSa ftruk gh lR;
ij pyrk gw¡ mruk gh eq>dks d"V feyrs gSaA gedks vPNkbZ] HkykbZ] cqjkbZ o lR; vkSj Å¡pk
uhpk dh jktuhfr vkn'kZ dkjkxkj dh tsy esa feyh gSA gedks xyr izdkj ds cUnh O;fDr ges'kk
lsUVªy tsy fHktokus dh dksf'k'k fd;k djrs gSaA cgqr fxjh fuxkgksa ls ns[krs gSaA ysfdu eSa lR;
ij jgrk gw¡A blfy, ijefirk] ijekRek] bZ'oj] Hkxoku esjh j{kk djrs gSaA lekt esa lar ds chp
yksd dY;k.k gsrq lsrq cuus okyk egkiq.; dk Hkkxh gksrk gSA egkiq:"kksa us tsy esa jgdj nq%[k
lgu fd;s gSaA egkRek xk¡/kh Hkh tsy esa jgs gSaA gekjs fopkj ;g gSa fd nw/k dk nw/k vkSj ikuh dk
ikuh dh rjg U;k; feyuk pkfg,A vkSj feyrk gS lPpk lq[k dsoy Hkxoku rqEgkjs pj.kksa esaA
vr% Jheu th ds djdeyksa esa lc dqN gSA pkgs thou ns nks] pkgs thou ys yksA vki xaHkhjrk
ls fopkj djus dk d"V djsaA
vkidh egku dìk gksxhA
I;kjs yky iklh
vkn'kZ canh] xaxk Hkou
330
vkichrh eu% O;Fkk

;k dqUnsUnq rq"kkj gkj /koyk
;k 'kqHkz oL=ko`rk
;k oh.kk ojn.M fe.Mrk djk
;k 'osr in~ekluk
;k czgEkP;qr 'kadj izHk`frfHkj
nsoS lnk oafnrk
lk ek ikrq ljLorh Hkxorh
fu%'ks"k tkM~;kigkA
eSa ,d e/;oxhZ; ifjoj dk jgus okyk FkkA lu 1962 esa esjk tUe gqvkA tc eSa d{kk
rhu esa xk¡o esa izkbejh ikB'kkyk tkrk rc gekjs cqtqxksZa }kjk jk/kkd`".k efUnj dh LFkkiuk gqbZA
rc ls esjk :>ku HkfDrHkko dh rjQ jgkA /khjs&/khjs f'k{kk dk Lrj c<+k vkSj b.Vj ikl djds
ch- dke esa izos'k fd;kA mlh le; ¼vkj-vkj-Mh-½ dk losZ djus dh fu;qfDr Vªsfuax :i esa gqbZA
Vsªsfuax lekIr gksus ds ckn nwljh txg Vsªfuax dk Qjeku tkjh gqvk vkSj eSa ekrk th dh chekjh
ds dkj.k u tk ldkA b/kj ch-dke- izhfo;l dh ijh{kk Hkh chekjh ds dkj.k u ns ldkA nwljs
o"kZ iqu% gjn;ky txnEck lgk; dkuiqj ls izkbosV QkeZ Hkjk vkSj izFkeo"kZ mRrh.kZ gqvkA fQj
iqu% Mh-,-oh- dkyst dkuiqj ls izkbosV QkeZ HkjkA la;ksx ls Qsy gks x;k rRi'pkr iqu% QkeZ Hkjk
vkSj iz;kl tkjh j[kk] ijUrq ;gk¡ ij mUuko esa fetkZiqj esa fj'rsnkjh esa tehu ckck dks ufugky
esa izkIr gqbZA vkSj mlh ifjokj esa ckck ds nwljs ekek dh ,d yM+dh Fkh tks ckck ds HkkbZ ls C;kgh
FkhA ckck ds HkkbZ ds llqj ,d nwljh vkSjr czkgE.kh j[ks Fks ftuds ,d iq=k Hkh Fkk f'kocju flagA
f'kocju flag iqjkus ch-,- Fks vkSj tehu ds dkj.k esjs ifjokj o vius cguksbZ ¼ckck ds
HkkbZ½ ls bZ";kZ j[krs FksA ,d ckj lu 1947 esa esjs ckck ds HkkbZ dk f'kocju flag us dRy dj
fn;kA ckck ds HkkbZ ds dksbZ lUrku ugha Fkh] rks mUgksaus vius Hkkats yYyk flag mQz pUnzlsu flag
dks vius ikl j[kk FkkA ogh ckck ds dRy ds dsl esa eqn~nbZ o xokgh FksA f'kocju o vU; yksx
uketn FksA mlds ckn pUnzlsu dks /kedh nsdj xokgh ls eqdjk fn;k x;kA
rRi'pkr pUnzlsu o mudh iRuh o ckck dh fo/kok rhuksa yksx ?kj NksM+dj cktkj esa
jgus yxsA mlh nkSjku fo/kok nknh th us viuh tehu dk fetkZiqj dk fgLlk pUnzlsu flag dks
olh;r djok fn;kA blls f'kocju vkSj tyus yxs vkSj ekSdk yxkdj 14-5-85 dks 'kke 8 cts
ds djhc muds ?kj ij gh ;kstukc) rjhds ls yYyk flag mQZ pUnzlsu dk dRy djok fn;k
vkSj ml tehu ij dCtk dj fy;k tks vkt Hkh izek.k gSA D;ksafd f'kocju flag ij yxHkx
18 dsl pys ftuesa izeq[k dRy] fnu esa MdSrh] 307] ftyk cnj] xq.Mk ,DV vkfn FksA yYyk
flag tks gekjs fj'rs esa pkpk yxrs Fks] cM+s e/kqj O;ogkj ds FksA dRy ds ckn gekjs ifjokj dks
uketn djok dj Q¡lk fn;k x;kA f'kocju ds ncko esa fjiksVZ vafdr dh x;hA vr% lu 1985
331
ls 1993 tuojh eas gkbZdksVZ ls tekur gks x;hA f'k{kk ij dqBkjk?kkr gqvkA bruk Kku ugha
Fkk] u iSjksdkjh Fkh fd lh-vkbZ-Mh- tkap djok ikrkA gkbZdksVZ ls Q¡lus ds ckn lu 2004 esa
ekuokf/kdkj vk;ksx dks fy[kk fd eSa funksZ"k gw¡] lh-vkbZ-Mh- ls tkap djok yh tk;] rks ogk¡ esjh
i=kkoyh dks fujLr dj fn;k x;k] vkns'k esjs ikl gSA lqizhe dksVZ esa Hkh ugha fy;k x;kA
tekur ds ckn nks o"kZ oS| fo'kkjn o nks o"kZ vk;qosZn jRu o ,d o"kZ lkfgR; jRu fd;kA
ijkx Msjh ds d`f=ke xHkkZ/kku esa izFke] izkFkfed fpfdRlk esa izFke Js.kh esa Vsªfuax xzg.k dh vkSj
?kj ij usg: izoj dsUnz o xzke v/;{k o mlds ek/;e ls flykbZA mlds ckn eksecRrh cukuk]
vxjcRrh cukuk] LVscykbtj cukuk ,oa fl¶lk dh rjQ ls ifjokj fu;kstu] la;qDr ifjokj
ds iz;kstu ij xks"Bh dk vk;kstu] rhu fnolh; izksxzke] izf'k{k.k o lfVZfQdsV dk forj.k
djok;kA chek dk ,tsUV cuk o lgkjk bf.M;k dk ,tsUV cukA esfMdy LVksj o tujy LVksj
dk ykblsal cuokdj nqdku djds o FkksM+h cgqr izkbosV izSfDVl djds thou ;kiu djus yxkA
blh nkSjku 25-6-1994 esa xk¡o esa esjh 'kknh gks x;hA esjs lkys Hkh ugha FksA esjh 'kknh ds ckn eSaus]
nks lkfy;k¡ Fkha] mudh 'kknh dh o viuh rhu cguksa o ik¡p HkkbZ;ksa dh 'kknh dhA dkyhu cqukbZ
dk izf'k{k.k py jgk Fkk rHkh ltk gks x;hA fQj iqu% gkftj gksuk iM+kA ukckfyx vcks/k cPps o
iRuh lHkh dk Hkfo"; iqu% gekjs ij gh fuHkZj gSA
esjh iRuh us 2005 esa vthZ Hkh izsf"kr dh ftlesa yxHkx lkjs lVhZfQdsV o yxHkx 25
iz/kkuksa dh NksM+us lEcU/kh vuq'kalk fyf[kr yxh gS vkSj gekjk yxHkx ukS o"kZ dk tsy thou gks
jgk gSA tcfd gekjs ifjokj dk jgu&lgu o fdlh izdkj dk Fkkus esa xyr izos'k ugha FkkA ge
lekt dh eq[;/kkjk ls tqM+dj xka/khoknh uhfr j[krs FksA
vktdy dh dkuwuh izfØ;k ds eqrkfcd lSdM+ksa nks"kh NwV tk;sa ij ,d funksZ"k u Q¡ls
ysfdu ,slk fcYdqy xyr gSA vf/kdka'k dslksa esa funksZ"k gh Q¡l jgs gSaA D;ksafd jktuhfrd ncko
o vkfFkZd ncko ds vkxs lk/kkj.k o detksj oxZ dks U;k; ugha fey ik jgk gSA
50 dRy djus okys ckgj ?kwe jgs gSaA ljdkj muls okrkZ dj jgh gS] mudh ek¡xsa eku
jgh gSA tsyksa ls yksx NksM+s tk jgs gSaA cM+s cnek'kksa ds b'kkjs ij ,d dsl ftlij yxkA mldh
tekur ugha gksrh gSA D;ksa funksZ"k gh dsl esa Q¡l jgk gSA dksbZ lquokbZ ugha gks jgh gSA tgk¡
vadq'k yxuk pkfg, ogk¡ ugha yxk;k tk jgk gSA
cfUn;ksa ds ckjsa esa lsBh vk;ksx o eqYyk vk;ksx us Øe'k% lq>ko fn;s Fks fd vkthou
canh dks yxkrkj 6 o"kZ o 8 o"kZ j[kus ij og ekufld larqyu [kksus yxrk gSA vr% mldks
eqDr dj nsuk pkfg, tcfd vU; foHkkxksa dks Hkh funsZ'k fn;s FksA muds vuqlkj tt o iqfyl
fMikVZesUV us vius fy;s ykHkizn gksus okys funsZ'kksa dks ykxw djok fy;kA D;k cfUn;ksa dk funsZ'k
ykxw ugha gks ldrk\ vijk/kh thou i;ZUr vijk/kh ugha jguk pkgrk] mldks lq/kjus dk ekSdk
nsuk pkfg,A ;fn nqckjk xyrh djrk gS] rks dHkh Hkh eqDr u fd;k tk;A ysfdu mldh lPpkbZ
t:j Kkr dh tkuh pkfg, fd okLrfodrk D;k gS\ tk;tk gksus ds ckn lgh&xyr dh tk¡p
ugha gksrh gSA
332
vlyh xqukgxkj og gSa tks dkuwu ds j[kokys tkus tkrs gSaA bfUnjk th us lu 1972
esa cgqr cfUn;ksa dks NksM+k FkkA D;k ljdkj ds ikl fjdkMZ gS fd fdrus izfr'kr cUnh nqckjk
vijk/k esa layXu gq, vkSj nqckjk tsy vk;sA gekjk vuqeku 'kk;n ,d izfr'kr gh gksxkA e`rd
ds ifjokj ds fojks/kh dks tsy eas j[kus ls D;k ykHkA yxHkx 80 izfr'kr ifjokjksa esa 5 o"kZ ckn izse
gks tkrk gSA igys izkscs'ku ,DV ds rgr 3 o"kZ ukS ekg esa QkeZ , fudy tkus ij iSjksdkjh djus
ij ik¡p o"kZ esa NwV tkrk Fkk ;k elhZ izfØ;k esa Hkh yksx NwV tkrs FksA ijUrq bl le; rks lkjh
O;oLFkk,¡ iaxq gSaA iSjksy ;k gkse yho ifjokj dh leL;k,¡ ugha nwj dj ldrhA cM+h gSfl;r ds
yksx rks Bhd gSa] ijUrq xjhc dk ifjokj cckZn gks tkrk gS dbZ ifjokj dks geus ns[kk] vius ifr
ds tsy vkus ij cPpksa lfgr iRuh us tgj [kkdj iwjk ifjokj lekIr dj fn;kA bldk tokc
ljdkj D;k nsxh\ lk/kukHkko eas iwjk ifjokj gh lekIr gks x;kA D;k og ifjokj ljdkj dk
ugha gSA nks xokgksa ij ltk iM+ tkrh gSA rks D;k chl xokgksa ij mldks fjgk ugha djuk pkfg,A
ge lc Hkh ;gh pkgrs gSa fd nks"kh dks ltk feys ijUrq funksZ"k dks u Q¡lk;k tk;sA bruk t:j
bl O;oLFkk ds lapkydksa dks /;ku nsuk pkfg,A ftlls ,d mRre ,oa jke jkT; :ih Hkkjr
dh LFkkiuk gks ldsA bl ys[k esa dksbZ =kqfV gks rks mldks ikBdx.k ekQ djus dh dìk djukA
olq/kSo dqVqEcde~ ds fglkc ls iwjk fo'o ,d ifjokj gSA ifjokj okys ifjokj okyksa dks
ijs'kku djsa] okg js dkuwu gj rjQ LokFkZijrk dk cksyckyk gSA bfrA
lHkh lg;ksxh vf/kdkfj;ksa dks 'kr 'kr ueu ,oa canh Hkkb;ksa dks tS jke th dhA
lq[kchj flag pUnsy

vkn'kZ canh] xaxkHkou
333
A pictorial overview of the prison system
Now Now
Demolished Demolished
Old Model Jail, Lucknow (Now demolished) Kitchen of Old Adarsh Karagar (Model Jail),
Lucknow
Now
Now
Demolished
Demolished
Preparation of Roti by the Prisoners in Old Old Adarsh Karagar (Model Jail), Lucknow
Adarsh Karagar (Model Jail), Lucknow (now demolished)
Now Now
Prisoners going inside the jail in the evening Outside area of Barracks in Old Naribandi
Niketan, Lucknow
334
Now
Now Demolished
Demolished
Prisoners Barrack in Old Adarsh Karagar Prisoners Barrack in Old Adarsh Karagar
(Model Jail), Lucknow (Model Jail), Lucknow
Now Now
Inside view of the Ganga Bhawan of Old Model Display of Prisoners Rights and other facilities
Jail outside a barrack in Old Adarsh Karagar (Model
Jail), Lucknow
Now Now
Inside view of Old Adarsh Karagar(Model Jail), Agwani Bhawan and Jamuna Bhawan of
Lucknow Old Adarsh Karagar (Model Jail), Lucknow
335
Now Now
Second Main Door of Old Adarsh Karagar Inside Old Nari Bandi Niketan, Lucknow
(Model Jail), Lucknow
Now Now
Crèche in Old Nari Bandi Niketan, Lucknow Barrack in Old Nari Bandi Niketan, Lucknow
Now Now
Prisoners working in Agricultural Farm of Old Agricultural Farm of Old Model Jail
Model Jail
336
Now Now
Inside a Barrack in Old Nari Bandi Niketan, Main Entrance of Old Nari Bandi Niketan,
Lucknow Lucknow
Wheat Grinding Machine in New Model Jail, Watch Tower in New Model Jail, Lucknow
Lucknow
Very High Security Barrack in New District Jail, Prisoners' Orchestra Band in New Model Jail,
Lucknow Lucknow
337
Prisoners performing stage drama Oath taking ceremony of Prisoners' Panchayat
Screen Printing training of Prisoners Entrance of New Model Jail
Printing Press in New Model Jail, Lucknow Roti making in New Model Jail, Lucknow
338
Second Entrance in New Model Jail, Lucknow Brass Band of Prisoners of Model Jail
Gardening by Prisoners in New Model Jail, Prisoners enjoying leisure time in Old Model
Lucknow Jail
Wall Quotations in New Model Jail, Lucknow Gardening by Prisoners in New Model Jail,
Lucknow
339
Yoga camp of Prisoners Gardening by Prisoners in New Model Jail,

Lucknow
Roti making by Prisoners in New Model Jail, Meeting of released Prisoners

Lucknow
Clothes Making by Prisoners in New Model Women Prisoners visiting Zoo at Lucknow
Jail, Lucknow
340
Facilities provided to Prisoners in New Model Food Schedule for Prisoners in New Model Jail,
Jail, Lucknow Lucknow
Cloth making by Women prisoners' Prisoners working on Handmade Paper-making

machine
A meeting of released Prisoners of Model Jail Prisoners participating in Puja
341
Famous Gazal Singer Anoop Jalota performing A marriage of Prisoner in Model Jail
in Model Jail
Hand Made Paper Making by Prisoners in New Paintings and New Year Cards made by
Model Jail, Lucknow Prisoners in New District Jail, Lucknow
Prof. Martin, Myself and DIG Jails (Dr. Sharad) Staff and Prisoners in New Model Jail, Lucknow
in New Model Jail, Lucknow
342
Binding work done by Prisoners in New Model Visitors, Staff and Prisoners in front of Statue of
Jail, Lucknow Sai Baba made by a Prisoner in New Model Jail,
Lucknow
Kitchen of New Model Jail, Lucknow Powerloom Industry in New Model Jail,
Lucknow
Powerloom Industry in New Model Jail, Powerloom Industry in New Model Jail,
Lucknow Lucknow
343
Chapter - VIII
The Path Ahead – Blue Print for the

Future
If the released prisoner is to be really a part of the community in the social interest
sense, he must be able to rent a house to live in, he must have remunerative work to
do, he must know where and how to get medical care, he must be able to get credit
and, above all, he must have reliable, trustworthy friends. I am talking now about
the released prisoner capable of responding to the best the community can give him.
There are, of course, many people released from prisons who persist in defying every
community effort. A community is obligated to protect itself from the dangers of such
individuals; but it is indeed a waste of human energy and community strength to
allow former inmates who desire to live law-abiding lives to return to prison again and
again by default.
- JAMES M. REIN HARDT, PH.D.
The chairman of the United Provinces Jail Reform Committee was
Babu Gopi Nath Srivastava. The committee submitted its report in 1938.
It was a 11-member committee in which only Indian members were the
part of the committee observed the Jail conditions on 8 different points.
Somewhere, the committee was in that view that there is a need of such
reforms. The general population in the country thinks that the reformation
and rehabilitation of prisoners started only after the Independence of India.
but it was not true. The seed was roped even before and what we could see
in the present systems are only the fruits of those efforts. The centre point of
observation of the committee was superintendence and staff, classification
of prisoners, prison labour and manufacture, offences and punishments,
reformative influences, hygiene and medical administration, jail visitor and
grain purchase committee and general conditions.
Prison labour and prison manufactures, education and and reformative
influences were the major issues addressed by the committee of 1938.
The recommendations were to abolish prison labour from the oil mills,
drawing water with charsa, lime mills and aloe pounding. Monetary
awards should be given to prisoners doing woolcarding. The committee
also gave the suggestion to open a depot for jail-made goods should be
opened at Lucknow and as a result of that first time in India a Jail Depot
was established at Aminabad, Lucknow to sell the prison manufactures
to the general public. The committee also said that flogging and cross bar
fetters should be abolished and cellular confinement as a sentence by a
court should be abolished but it should be retained as a jail punishment.
344
The Path Ahead – Blue Print for the Future
Educative and reformative influences can be introduced in the prison system

by making compulsory primary education for prisoners upto the age of 45
years, prisoners should be permitted to sing for half an hour after lock-up,
jail libraries should be improved and suitable games should be introduced
in jails. Lantern lectures should be arranged and a technical official should
be employed for the purpose. Star class prisoners should be given radio
or gramophone records, arrangements for proper lighting in jails and
appointment of inspectors at senior level to develop the reformative side
of the jails1.
The Government of the United Provinces, under order no. 2516/VI
dated the 16th December, 1937, Judicial (criminal ) department, appointed
a committee to consider and report what reforms are possible in the jails
of United Provinces. A seven members Expert Committee on Jail Reforms
submitted its report on 3rd January, 1938. Lieut-Col H.M.Salamat Ullah,
Inspector General of Prisons, United Provinces said that of the number
of jails in United Provinces were 57 which was the highest in the country
and largest number of prisoners i.e. 31000 were detained in the jail. A very
remarkable development took place on the recommendations of this expert
committee. The first jail training institute was established at Lucknow in
the year 1940. The committee suggested two moral teachers one Hindu and
one Mohammedan in all central jails. One of the member of the committee,
Dr. Haikerwal suggested that well behaved prisoners may be allowed to
go outside the prison to visit cinemas, etc. This proposal, however, was not
accepted by the committee. The committee during their visit to various jails
identified many problems in jails like lack of technical staff, unskilled jail
labour, unsatisfactory marketing facilities, unsatisfactory arrangements of
purchase of some of the raw materials, overcrowding in some jail factories
and ill suited work carried on old equipments and implements, overworked
jail staff, no incentive for work etc. On the reformation and rehabilitation
side the committee suggested new prison industries like textiles, woollens,
woodwork, leather industry, metal industry, agriculture, cottage industries
etc and also suggested tuition classes for skill development and sale of good
in central store of the jail.2
A three member Departmental Committee for Jail Reforms was
appointed as per D.O. no. 174 dated September 29, 1938 which submitted
its report in 1939 under the chairmanship of Sri Gopinath Srivastava. The
committee examined the recommendations of the two jail committees i.e
1 Report of the United Provinces Jail Reforms Committee, 1938, pp13-14

2 Report of the Expert Committee on Jail Reforms, United Provinces, 1938, pp 3, 13-14
345
Jail Reform Committee and Expert Committee. There was a system of

part time superintendents which was abolished by this committee. The
committee was of the view that first sentence of imprisonment, generally
of a short duration and therefor passed in a district jail is a turning point in
an offender's career and his treatment on this first occasion has a decisive
influence on his future life. Inprisonment causes a break with home, friends
and work; and if a convict if not properly handled on his first imprisonment
there is almost a certainty of his becoming a hardened criminal. On the
other hand, if we give him the training befitting his requirements, there is
every likehood of his returning to society as law-abiding and industrious
man.
A few new industries should also be introduced to increase the range
of work which the prisoners should learn so as to be able to carry them
on after their release. The industries recommended by the committee
were namda making, leather work, cane work, calico printing, hand
spinning, hand made paper, chalk crayons, sericulture, lacquered toys,
manufacture of soap, phenyl and ink, wood spinning plant, oil mill, metal
factory, rag tearing machine and match industry etc. The committee of
1939 recommended that education may be made compulsory for all the
prisoners below 50 years, a small board for cement boards about 1.5 square
feet be made on the walls adjacent to each sleeping berth so that prisoners
can practise writing during their leisure hours etc. The panchayat system
in jails was introduced first time by the Committee of 1939. Even tobacco
should be allowed at Govt. expenses. Some other recommedations were
that a prisoner having no punishment for 3 years should get two month
good conduct remissions3.
Developments in the various social sciences have proved beyond
doubt that social setting is more responsible in the making of a criminal
than nature of heredity. It is generally accepted that "Every society gets the
criminals it deserves". As society is now regarded as responsible for making
the criminals, proper treatment of criminals has been accepted as society's
responsibility. With the gradual awareness of this social responsibility,
the basis of punishment which was formerly retributive and deterrent has
been accepted as reformative and rehabilitative. It is realized that every
criminal who has erred against society has latent potentialities which must
be discovered and strengthened for their rehabilitation by those who are
responsible for their treatment. Winston Churchill once said "The mood
3 Report of the Department Jail Committee, Government of the United Provinces, 1939,
pp 33-36
346
and temper of the public with regard to the treatment of crime and criminal
is one of the most unfailing tests of the civilization of any country." It is very
aptly said that the "after care of a prisoner starts from the day he enters the
prison'.4
The Jails in our country have, from the very beginning, presented an
unhappy and gloomy picture. Even in the British days of which the present
jail system is a legacy, their conditions were highly unsatisfactory. The
British appointed a number of committees, from time to time, to examine the
problems of Indian jails and suggest measures for their improvement. Some
of these committees made quite useful recommendations, but conditions
in the jails did not improve much. After Independence, also, the central
and the state Governments have expressed considerable concern about the
deteriorating conditions in the jails. A number of committees and groups
were appointed, both by the centre and the state governments, to study and
examine their problems and make recommendations for reforming them.
The reports of some or these committees/groups contain in-depth studies
of the various aspects of the prison administration. They also contain
purposeful recommendations for its overhaul. Adoption of reformist
objectives of incarceration and modern techniques for their managent have
been advocated. The most recent report of the All India committee on Jail
Reforms (1980-83), hereafter referred to by us as 'Mulla committee', is a
valuable document on prison reforms. Most of the recommendations made
in these reports are yet to be implemented. The jails constitute a state subject
and have invariably received a very low priority in the state budgets and
much less in the overall scheme and management of the criminal justice
system5.
There are certain essential requirements and pre-requisites for bringing
about improvement in the prevailing conditions in the jails and for laying
the foundation of a progressive prison system. Some of the important and
basic pre-requisites are as follows:-
(a) making there formative and rehabilitative approach a reality in the
prisons;
(b) scientific and human approach towards handling and treatment of
offenders;
(c) de-congestion of prisons afflicted with chronic over-crowding, and
making prisons in manageable administrative units;
4 Datir, R.N. (1973) "Aid to Released Prisoners", Prison as a Social System, pp 391
5 R.K. Kapoor Committee "Report of the Group of Officers on Prison Administration" ,
1986, pp 1-5
347
(d) improvement in living conditions and provision of basic facilities so as

to making them compatible with human dignity;
(e) removal of prevailing dissatisfaction among the members of prison
service and need for proper training to create a cadre of devoted prison
personnel;
(f) all round tightening of security arrangements in the prisons;
(g) measures to improve disciplines, both among the inmates and the staff;
(h) identify the areas of prison administration where corruption and
malpractices are rampant and take stringent measures to root out these
evils;
(i) adoption of principles of modern management in prison work.
It is essential that these basic requirements should be fulfilled to remedy
the chronic ills and to assure that prisons are operated in an efficient, secure
and effective manner to achieve the objective of making them institutions
for correction, reformation and rehabilitation of offenders.
Security and discipline being fundamental to any prison system are
organically linked with all aspects of prison work. They are essential not
only for efficient prison administration but also for pursuing correctional
and reformative programmes. Like other areas of jail administration, there
has been considerable deterioration in matters of discipline (both among the
staff and the inmates) and security. In recent years, there have been serious
cases of escapes of dangerous and devious prisoners from custody. Incidents
of attacks on prisons from outside, by taking advantage of vulnerability in
their safety arrangements, and securing release of high risk prisoners are
being reported. There has also been a considerable and qualitative decline
in staff discipline when problems connected with control of prisoners are
increasing. Hence, there is a dire need to examine and review all aspects of
security arrangements and various issues relating to discipline in different
categories of jails with a view to take remedial action. Reasonable living
conditions, appropriate security, high discipline, humane and sympathetic
behaviour towards the prisoners with correctional treatment programme
based on individual needs of inmates should be the basic objectives of our
prison system.
With the development of the concept of Welfare State, the social
obligation of State regarding the rehabilitation of economically, physically
and socially handicapped persons is on increase. The task is that of
reclaiming them and making them useful citizens, enabling them to earn
their living by some honest means, enjoying both personal and economic
348
freedom. The criminals who have committed murders, get uprooted

and segregated from the society for atleast 14 years or so. These socially
handicapped persons, after their release are confronted with quite a changed
situation and environment to adjust with. They do not get the same roles to
perform and same status to enjoy as prior to committing the crime, in their
families and community. Consequently quite a few of them are forced by
the circumstances to indulge again in anti-social activities and rest of them
lead a miserable life6.
Humanistic and Systematic approach towards the problems of the
released prisoners directs the social efforts towards their rehabilitation in
the society.
Prospects for the Future

Prisoners are discontened or maladjusted groups of society and therefore
their problems and welfare cannot be ignored. For the rehabilitation of the
released prisoners their social adjustment and assimilation in the social
order are essential and for that the stigma attached to them has got to be
removed. The problems of the released prisoners are basically economic and
related to property and unemployment. Without a satisfactory solution of
these problems, it is difficult to aim at proper rehabilitation. The problems
that confront the after-care and follow up services meant to be provided to
released offenders from penal or correctional institutions, speak in volumes
of a tragic story that repeatedly tells the shocking state of affairs in which
"once-institutionalized" offenders are allowed to drift in. Why does this
happen is an easy question to answer.
Our attention, so far, has been only towards the institutional services
and as a consequence to that post-institutional services have been sadly
neglected. The devastating dearth of after-care services has been further
caused by our complete ignorance of the nature of problems that released
offenders face soon after their discharge from the institutions. What happens
to all of them, we really do not know. There is no significant research on
the subject. Prof. M.S. Gore's report on After-care Programmes is the only
worthwhile authentic document that people rush to consult. But most of
Prof. Gore's recommendations have gone unattended and uncared for. The
problems in the field of after-care are enormous, but are not insurmountable
by any standard. It is possible that over a period of time much can be done
6 Mishra, Saraswati (1985) Rehabilitation of Women Prisoners, Indian Journal of

Criminology, Vol 13, No.1, pp 16
349
to solve them. For the consideration of those who are concerned and/
or in the position to remedy the situation, following suggestions may be
worthtrying:
1. The number of after-care institutions and organizations should be
in commensurate with the number of custodial care and corrective
institutions (one for each).
2. After-care be made an integral part of institutional rehabilitation. In
fact, the planning for after-care must begin on the very day the inmate
enters the institution.
3. After-care associations which exist in a "moribund state" should be
revitalized and liberal financial aid be given to them by the government
in order to enable them to work effectively in the task of rehabilitating
ex- offenders in the community.
4. Voluntary social workers in the field of social defense be offered
deserved encouragement and recognition not only from the people
they serve, but also from the officials of the concerned governmental
departments.
5. It should be the policy of the government to hire, carefully and selectively,
some of the ex-inmates of penal and correctional institutions, for jobs
they are qualified on account of education, training and temperament.
The case of such persons should be decided on their individual merits
and on the basis of competitive examining procedures.
6. Efforts can be made to establish a National Association for the
Care and Resettlement of Offenders as has been done in England.
This Association was born in 1966 out of the ashes of the National
Association of Discharged Prisoners' Aid Societies.
7. Development of after-care into a service with its own identity, drive
experimentation and expansion.
8. Amalgamation of all after-care services, institutions and organizations
into one centralized department financed from public funds. This
department should have close liaison with the prisons and juvenile
correctional institutions.
The Crisis of Offenders' Aid Organizations

The genesis of the failure of our present and old Offenders' Aid
Organizations lies in the following problems and difficulties:
1. Frustration, discouragement, lack of public appreciation, constant
financial troubles.
350
2. Marked inadequacy of the resources placed at the disposal of such

Prisoners' Aid Organizations.
3. Lack of cooperation from the concerned governmental departments.
4. Woeful inadequacy of grants-in-aid.
5. Shortage of dedicated workers.
6. Loss of public credibility of such organizations in the incidence of
crime and delinquency.
7. Peoples' unpreparedness to accept ex-offenders as citizens worthy of
trust, confidence and help.
8. Majority of the functionaries of such organizations do not understand
the gravity of their commitments. As a results they do not take their job
assignments seriously.
Aid to released prisoner is a necessity for rehabilitation. Opinion of
the society is always divided on the issue that as to what extent such aid
may be given. It is advocated that food, shelter and clothes, be provided
to needy released prisoners, till they are rehabilitated. The question is how
long these bare necessities of life should be provided, when the government
is not in a position to provide these things to needy free citizens. Secondly,
it is advocated that some capital be provided to needy released prisoners
to stars any venture of their own. But one of the frequent objections in
awarding such help is that it will make the position of the criminal more
comfortable while in jail and more promising when released than the
position of a law-abiding citizen7. Thirdly it is advocated that all possible
efforts be made for securing employment of released prisoners. But the
society may not approve any type of reservation in employment to released
prisoners, when the problem of unemployment is so acute to other law-
abiding citizens. Another problem in securing employment to released
prisoners is that Government itself is reluctant to give employment to
released prisoners.
After Care of Released Prisoners

It has been obvious from what I have had to say about the problem
of the juvenile criminal and the problem of the habitual that sympathetic
supervision plays an important part in modern methods of reclamation,
and it will not be out of place to recapitulate here a few points which are
worthy of consideration, and are applicable both to the present and to any
future system.
7 Report of the Bombay Jail Reforms Committe, (1948) pp 22
351
One of the most critical period in a criminal's life is that which

follows immediately after his release from jail. His difficulties are in direct
proportion to the length of sentence he has undergone. Arrest, trial, and
sentence culminating in the working out of a period of imprisonment,
humiliate a man and make him lose his self-respect. Modern training in
prison, and modern methods of reclamation, attempt to reconstruct and
restore this self-respect, by means of intelligent training and what might be
called reformation during imprisonment.
But however enlightened a prison system may be, no prisoner emerges
quite the same as when he went in. If the period has been lengthy, it is
often found that a man will lose the use of some of his mental faculties,
and he has to learn how to adapt himself to fresh surroundings. He is like
a cripple beginning to walk, whom the slightest push bowls over. A man
who has had to spend years in prison, and suddenly finds himself free,
becomes so vulnerable that the slightest temptation is enough to turn him
from his excellent desires, and from his determination to live as a reformed
character. Moreover, society as it is constituted today always bears a
grudge against a man who has been in prison. People only remember the
evil that a man has done and the wickedness that he has exhibited. They do
not know, and they have scanty means of knowing, that the man has been
made good, or that he is a reformed character. Most people view him with
hostility, and practically everybody with suspicion. Thus, however much
a man may try to lead a straight life, he is bound to meet with opposition,
and there will be many occasions when it is very difficult, if not impossible,
for him to settle down to the life of an honest citizen. This is the time when
he needs assistance and guidance most, and these difficult periods are the
main reason for the existence of what we call Prisoners' Aid Societies8.
These societies are unofficial, philanthropic bodies, whose aim is to
look after the welfare of prisoners, partly before they are released, but
mainly after. Their members do an enormous amount of good by visiting
prisoners before they are released, learning all about their characteristic,
and collecting the opinions of prison officers, the Superintendent of the Jail,
the Medical Officer, and also of the priest. When the prisoner is released
they are thus capable of stepping in and helping the majority of our prison
population coming from the agricultural classes. They have a home to go to,
and relatives. So it happens that the actual number requiring the assistance
of such societies is not very large. But even in India there are numbers who
8 Lt- Col. Tarapore, P.K., Inspector General of Prisons, Burma " Prison Reforms in India",
Oxford University Press, 1936, pp 160-166
352
are in urgent need of help and guidance. There is a clamant minority from
the towns, cities and villages who have no homes to fall back upon. Often,
too, a released prisoner finds that he cannot practice his old trade in his
old villages, either because economic conditions have changed, or because
the villagers do not wish to employ him. He is forced to go elsewhere. For
such men, a Prisoners' Aid Society should cater by providing facilities for
boarding and lodging, and by helping him in the search for employment.
A little help given at this stage makes all the difference between the ex-
prisoner leading an honest life, or falling back into crime.
This after-care of prisoners is one of the most beneficent occupations
that an enlightened society can engage in, and it is also a practical measure
for the prevention of crime and for the protection of society. The scope and
nature of such work is not well enough understood in India. Such societies
as exist are still in their infancy in every Province. This is no antagonistic
reflection on India, as even in western countries the development of the
idea is only of recent origin. What I would like to emphasize here is that
the after-care of prisoners is an act of high social, even religious merit. It
does not matter what religion one adheres to in this vast country; the fact
remains that there can be no more humane work than that of raising to their
feet those who have fallen by the way, and helping them to lead honest
lives.
I had to work with such a society in Burma for years, and I am well
aware of the difficulties in their way. Funds are scarce; volunteer workers,
people ready to give up a considerable part of their little encouragement to
be had from the public, and, in some cases, even less from the authorities.
I have heard members of such a society say: 'What is the good of all this?
Nobody helps us with funds. We spend an enormous amount of time and
labour merely to help a handful. Let us close down the society and be done
with our work.' It is certainly true that there is much discouragement at
present, but I have been able to detect in practically every Province signs
which go to prove that the public is beginning to take an interest, and that
Governments are beginning to recognize the value of such work as has been
done. All pioneer work is difficult; these societies are pioneers, but they
can rest assured that their work will eventually triumph. Governments and
the official world must realize that Prisoners' Aid Societies are bodies of
voluntary workers who come forward to help the administration of law
and order at the expense of their own time and money. Every man saved
by a society from going back to jail is a valuable contribution to the body
politic, and a saving to the Government. It should not only be a wise policy
353
but also the duty of the State to encourage the formation of such societies
all over the country, and by lending sympathetic support and financial aid
make it easier for them to carry out their noble work.
Closely connected with after-care is the work of Jail Visitors. This
important work calls for a few special remarks. Jails have been visited by
officials for many years, probably from the date the first jail was built in
India. But the use of unofficial agencies for this beneficent work has been
only a recent innovation. It is therefore natural that jail visiting has not
reached such a high state of efficiency in India as it has in Europe.
Jail visitors can do much good if they take up their self-imposed duties
seriously and go about their work in a businesslike manner. As we have
no tradition to guide freshly appointed visitors, it is necessary for the
Inspector General and Superintendents to take an interest in the work and
explain to visitors what they are expected to do. If interest is taken in the
work of the visitors, they will also come forward to assist the local branch
of the Prisoners' Aid Society, if so required. Such help is greatly needed
everywhere.
As most visitors appear not to know what they are expected to do, it
is advisable to have a card printed, with the authority of the Government,
putting down the salient points for their guidance, not omitting to add that
they can look into any other matters they desire. Such a card should be
supplied to each visitor on first appointment.
In order that the work of visitors be appreciated by prisoners and
the influence of the visits prove of benefit to them, it is essential that the
prison staff from the Superintendent downwards should treat all visitors
with the staff in recognition of their self-sacrificing voluntary work. In
jails, intelligently with an appreciative staff, an enormous amount of good
ensues all round.
After-care problems of the Institutions and their Ex-inmates

Some of the major problems that thwart the after-care of follow up
work of the custodial-cum-corrective institutions in the country are as
follows-
1. Systematic follow up of all released inmates, as a matter of routine
does not exist in the large majority of such institutions.
2. Contact is not maintained with ex-inmates and the institutions, on
their own, normally do not take any initiative in establishing any link
with the ex-inmates even by the medium of the post card.
354
3. Institutions have hardly paid any attention to the post-institutional

problems of their ex-inmates which confront them in their adjustment
to a new pattern of life in the outside world.
4. There is a virtual absence of any guidance and counselling services in
such institutions in order to prepare the inmates for their re-entry to
the life in the open community.
5. Once the inmate in such institutions crosses the institutional boundaries
he automatically becomes a subject of non concern for the institutional
machinery.
6. The situation of under-staffing and over-crowding in many such
institutions renders them completely incapable of proving any After-
care or Follow up Service. The responsibility is well beyond their
resources.
7. No record of ex-inmates is maintained in all these institutions and the
simply do not know what happens to the inmates after their release
from the institutions. In such a situation these institutions do not know
the problems that ex-inmates have to encounter on their discharge in
the absence of any after-care or follow up service.
8. The meagre help that the inmates receive by the institutions at the time
of their discharge is of no serious value to them.
Some other measures for the After-care and Rehabilitation Programmes
1. Productive use of the time and energies of prisoners
It is essential to keep prisoners occupied for as the saying goes "An idle
mind is the devil's workshop". Work both physical and mental, will keep
the prisoners alert, active and act as a safeguard against their slipping into
depression.
Literacy classes would involve both the literates and the illiterates (as
teachers and taught respectively). They would sharpen the mental faculties
of prisoners and boost their confidence levels.
Vocational training serves the twin purposes of productive use of the
energies of prisoners and of facilitating their rehabilitation in the long run.
Besides the traditional trades such as tailoring, knitting, carpentry, jute
articles etc. new trades would be identified, keeping in view the abilities of
prisoners. In view of the increasing use of computers in today's world, the
educated among the prisoners can be imparted computer skills.
355
2. Improvement in the physical, mental & spiritual health of prisoners

A holistic approach covering the physical, mental and spiritual
facets is necessary in order to improve the health and general well being
of prisoners. Physical training drill on a regular basis, as well as outdoor
games would help keep prisoners physically active. The drill and games
would be devised for different groups of prisoners keeping their potential
and limitations in mind.
Literacy classes would sharpen the mental facilities of prisoners. All
efforts shall be made to encourage education pursuits of prisoners.
Prisoners in general and those serving long sentences in particular run
the risk of developing a negative brooding attitude. This is in the interest
of neither the prisoners themselves nor of the society at large. While it
is necessary for them to realise the mistakes of the past and resolve not
to repeat them in future. They must learn to develop a positive, forward
looking approach. With this end in view sessions in ethics and moral values
shall be incorporated in the schedule.
3. A comprehensive rehabilitation programme for prisoners to ensure
their successful integration into the mainstream of society -
One of the biggest problems faced by prisoners on their release from
jail is that of rehabilitation. The vocational training programmes are an
integral part of the rehabilitation scheme. New vocations (such as computer
operator) shall be identified in keeping with the changing times and skills
imparted to prisoners with an aptitude. Rehabilitation package has to be
tailor-made for each individual prisoner taking into account his aptitude,
past experience, period to be spent in jail etc. Hence it is proposed to
constitute a Rehabilitation Committee which will provide the blue print for
a comprehensive rehabilitation programme.
4. Involvement of N.G.O.s wherever feasible to supplement
governmental efforts -
In view of the shortage of financial and manpower resources, it is
necessary to involve identified N.G.Os in different spheres such as health,
vocational training, literacy, rehabilitation programme etc. Involvement of
N.G.Os would also be one way of keeping the prisoners in some kind of
contact with the rest of society
356
Evaluation of the Rehabilitation Programmes

The offence specific programmes require evaluation in the following
format
1. Process evaluation
This form of evaluation determines whether the strategy or offence-
specific programmes 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: (i) how much was
done (ii) how well it was done (iii) how much efforts was required and
(iv) what were the results. This form of evaluation can be assisted by
external research and evaluation organizations.
3. Programme 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.
We should try to make prisoners feel that he is a part of the total
society and that imprisonment will not make them worse. In some cases,
particularly those involving crime against persons, such as assault and
murder, we may have to try to modify the personality traits of the offender.
Personality traits, in the estimation of those who have carefully studied the
research literature, however, do not play a major part in criminal behaviour.
Jails should serve primarily to prevent repetition of crime by changing
attitudes, self-conception and in some cases personality traits. But how is
this to be done? In other words, how can we make jails, which in most
countries to-day are largely ineffective, perform the task that we have
outlined. A number of principles might be adopted9:
1. The institutional set-up should not be one of custody and mainly work
but rather directed at a programme of institutional therapy to make the
person into a law-abiding citizen. Wider use of group therapy should
be promoted with small groups of offenders of similar type discussing
9 Clinard, B. Marshall.,(1960) The Prevention of Crime, The Journal of Correctional

Work, seventh issue, The Government Jail Training School, pp 15-17
357
criminal behaviour and how to change it. In limited cases there should
be individual therapy in the form of case work.
2. Institutions should be diversified that the treatment programme of a
correctional institution can concentrate largely on offenders of a similar
general type. Within each type institution treatment programmes
should be worked out for specific types of offenders. There should be
institutions as those for-
(a) the ordinary type of offender where we think we can effectively
change attitudes;
(b) the more hardened and sophisticated type of criminal whose
attitudes and criminal self-conception need to be altered;
(c) an institution for those offenders who have distributed personality
traits;
(d) institutions for those with markedly inferior intelligence.
A classification based on programme orientation is considerably
different from the idea of closed and open institutions. Often in an open
correctional institution there is no more therapy than in a closed institution.
Many times offenders are placed in an open institution in terms of there
being minimum custody risks rather than what benefit there might be to
the individual. All too frequently open institutions also actually involve a
means of the State obtaining cheap labour for certain tasks.
3. Correctional institutions should be of such size that an intensive
treatment programme can be worked out and the impact of the staff can
be personal. The smaller the institution the fewer rules are necessary
and less rigorous the discipline. Generally a correctional institution
should not be larger than 100 inmates, although if there are financial
difficulties one might make it as large as 500. Sweden, which has one
of the most advanced correctional systems, has led the world in this
emphasis and has 52 jails of diverse types for a total of some 3,000
prisoners, most institutions having less than 100 inmates.
4. If correctional institutions are to be effective in changing a prisoner's
attitudes, they should be relaxed and as much like normal living as
possible. Less emphasis should be placed on discipline, military
programmes and an artificial institutional setting. Often persons
subjected to this, feel that they are being punished and their attitudes
become even more criminal. Since 1946 Sweden has placed great
emphasis on providing home like quarters for prisoners, not because
of undue sympathy for them but rather to bring about reformation.
358
5. One new type of approach which has great promise, is a combination

of an institutional programme with participation in a free society. We
must never forget that nearly all offenders sooner or later return to
free society, most of them, in fact, after only one or two years. In jails
criminals associate with non-criminals. Relations with their families
must also continue to be as normal as possible, if they are not to become
even more isolated and bitter against society. These objectives might
be secured in several ways:
(a) By encouraging frequent visits of families and other persons.
Denmark has an institution of the Borstel type for young men
where the Government helps pay the rail expenses of families to
visit the men in order that they might not feel neglected.
(b) Programme of furlough are very useful. Sweden has adopted such
a system and allows a large number of their prisoners to go home
every four months for 72 hours in order to maintain association
with their families, and also to prevent homosexuality in prisons.
The fear of losing the home visit privilege is also an excellent way
of maintaining discipline.
(c) Another way to encourage the outside contacts of the offender is
to confine him to the institution during the evenings and week-
ends but allow him to work in free society during the day. This
would mean that the non-criminals with whom he works would
have a better effect on changing his attitudes and criminal self-
conception than his former criminal associates. This type of
programme is being tried in a number of countries. Even in Model
Jail of Lucknow, this is one of the most successful programme.
(d) Some kind of work camps might be set up for young persons,
primarily non offenders, but judges could allow offenders to join
them in place of institutional treatment.
(e) In any institutional set up the staff should be stressed. They
should be selected primarily in terms of persons with warm and
highly motivated personalities who can be effective in changing
the attitudes of offenders. Of all the persons in a correctional
institution, probably the warder or guard plays the most strategic
role, in that he is more frequently in contact with the offender. The
warder is too frequently thought of as a custodial officer rather
than as potentially a highly effective treatment member. Since he
generally has a similar social class background to most offenders
he has an advantage in communicating with them that a more
359
highly educated officer does not have. In any event all the staff of
the correctional institution should have training in criminology
and in their role of changing the attitudes of prisoners. Those, of
course, in higher administrative posts and welfare posts should
have considerable education and advanced training in the
behavioural sciences.
(f) There should be an effective selection of persons for after-care or
parole and effective after-care treatment.
Post-institutional Rehabilitation of the Penal Offender: A Community

Effort
Perhaps the greatest area of neglect in the field of rehabilitation is
concern for the penal offender. Rehabilitation programmes within most
penal institutions are either very poor or non-existent. A recent U.S.
Department of Labour publication reveals the massive extent of this neglect.
Although more than 100,000 persons leave Federal and State prisons
each year, few of them receive the kind of training, while in prison, which
would enable them to compete successfully for jobs. An even larger number
of releases, many of them teenaged youths, leave correctional institutions
in cities and towns where modern training programmes are, for the most
part, not available. Most penologists emphasize that the purposes of
imprisonment should be rehabilitation rather than punishment and that
training and education are important instruments for rehabilitation. Our
society, however, has not provided the facilities and personnel needed to
develop the work skills of prisoners10.
The community has not granted top priority to the rehabilitation of the
penal offender. Instead, the tendency has been to blot the problem out of
our collective memory. Rehabilitation workers, those best trained to handle
the problems of deviance and disability, also tended to avoid working with
the penal offenders. However, the reality and the pressures of our times
are forcing society to become concerned not only with the prevention of
crime but also with the task of transforming the offender into a responsible
citizen. The rehabilitation of the penal offender is a joint effort involving
the offender, the professional worker, and the community. Unless the
community accepts its responsibility and indeed plays a strategic role,
successful rehabilitation of the offender will be jeopardized. (Margolin,
1967).
10 U.S. Department of Labour (1966) Manpower Administration, Manpower Research

Bulletin No 8.
360
A Model for Rehabilitation

The predominance of a custodial orientation among penal officials
poses a major obstacle to the development of rehabilitation programmes.
Even those favourably disposed toward rehabilitation are sometimes
overwhelmed by the enormity of the task. Yet, is there a better alternative?
The majority of offenders, and this includes, will eventually be discharged
from prison. With out rehabilitation, it is better than chance that, the
discharge will leave the institution with his criminal behaviour patterns
more deeply entrenched. In addition, he will more than likely be shunned
like the plague by respectable society; and as a result, the stage is set for
the re-enactment of criminal behaviour, only this time with more bitterness
and frustration. It is virtually impossible to correct these anti-social patterns
without rehabilitation because a substantial number of the offenders are
socially and mentally sick.
The psychiatric model for rehabilitation is one from which we can
learn a great deal, borrow, and build upon. Great strides have been made
in the successful rehabilitation of the psychiatric patient. Today, we
accept the idea that the rehabilitated mental patient can return to employ
ment and to family living. However, this crowning achievement was not
attained without a struggle. Resistances came from within the psychiatric
profession as well as from the community. On the other hand, there were
dedicated professionals and non-professionals who relentlessly pursued
the rehabilitation goal and demonstrated what could be done. (Margolin,
1967)
In many respects the problem of rehabilitating the penal offender is
similar to that of rehabilitating the psychiatric patient. In both situations
unpredictable behaviour patterns constitute a central problem. One of
the major tasks, then, is to encourage more stable behaviour; otherwise,
it would be difficult to establish realistic goals for the individual. Both
situations require the establishment of a rehabilitation plan which would
include measures to satisfy psychodynamic needs as well as job objectives.
Thus, the rehabilitation plan embraces necessary physical restorative
treatment, guidance, testing, counselling, prevocational exploration, work
conditioning, job training, placement, and follow up.
Goals of Rehabilitation
Undoubtedly, the most important element in the rehabilitation of
either the psychiatric patient or penal offender is the matter of trust. Those
that work with these clients must have a firm conviction that basically all
361
human beings have a deep seated drive toward health and normalcy. We
must provide every opportunity for a trusting relationship, for without it
rehabilitation cannot succeed. Penal offenders must change from an anti-
social to a socially acceptable identity with all that such an identity implies -
work, family living, social and civic participation. To help the penal offender
establish a new identity is probably the major 'mission of rehabilitation'.
Although there are similarities, the rehabilita tion of the penal
offender is more difficult than that of the psychiatric patient. Society needs
scapegoats, something to feel moral about, and successful rehabilitation
may choke off a convenient avenue for expressing moral indignation. This
feeling of righteousness may be a reflection of the need to project our own
larcenous impulses upon someone else.
Some questions may be raised about the great risk involved in
rehabilitating offenders. Failure rates may be high for a number of reasons,
but the major cause is that few institutions have adequately developed
comprehensive rehabilitation programmes. The trend toward the increasing
use of work-release programmes is an important step in the right direction.
Through this procedure prisoners are released during the day to work on
jobs in nearby communities and return to prison at night for confinement.
Although the work-release plan is not new, having begun with Wisconsin's
Huber Law of 1913, it is gaining increasing significance today because of
its integral relationship to the total rehabilitation process. Work-release
programmes are now in operation in the Federal Bureau of Prisons (Prisoner
Rehabilitation Act of 1965) and at least half of our 50 states.11
Similarly, the Manpower Development and Training Programme
being conducted in cooperation with the U.S. Department of Labour at the
District of Columbia's Lorton. Youth Center hold great promise.12 If creative
rehabilitation is unavailable, the offender will find it difficult to function
effectively in the community. The failures may cause consternation and
public outcry and even a demand to return to the safety of the custodial
institution. But let us never forget the community is being insulted every
day by aggravated incidents of crime, often by recidivists who in almost
all cases were mistreated in the prison.
11 Stanley E. Grupp, "Work Release and the Misdemeanant," Federal Probation, June
1965, pp. 6-12.
12 Thomas R. Sard, "A Chance on the Outside," American Education, April 1966, pp.
29-32.
362
It is axiomatic that if the offender is to be successfully returned to

employment in the community, rehabilitation measures must begin in the
penal institution. Furthermore, it must continue for a long period after
discharge. To begin a rehabilitation programme after the offender leaves
prison generally will not work. The moment he enters prison, hope should
be communicated through the potential of rehabilitation. Each individual
should receive a thorough assessment to determine what he needs to meet
in a socially acceptable way the demands of daily living in the community.
A careful schedule of therapy and activity should be planned for each
individual. This may include individual psychotherapy, group therapy,
recreation, education, prevocational exploration, specific job training, and
vocational counselling. All of these activities must be related to a central
rehabilitation goal; otherwise, these activities become fragmented and
meaningless.
The Community Plays a Strategic Role as a Therapeutic Partner

When the offender is ready to leave the institution, the employer in
industry must be taken in as a therapeutic partner.13 The employer must be
made cognizant of the ex-offender's special problems. We must recognize
that all our hard work within the institution can go down the drain if we
do not have both ample job opportunities and understanding employers.
The offender, incidentally, should be thoroughly prepared for the stress,
strain, and frustrations involved in job hunting. Role playing is the best
medium through which this preparation can be accomplished Some people
may feel that cracking employer resistance may be too overwhelming and
thankless a task. I cannot agree with this point of view. Employers will hire
discharged penal offenders if a proper case for the job prospect is presented
and if evidence can be provided that adequate rehabilitation treatment was
received within the institution. (Margolin, 1967).
Just as the employer has been successfully involved as a therapeutic
partner, other community agents can play a similar constructive role. The
horizons of the penal offender would be greatly expanded if institutions
and agencies such as civic clubs, churches, unions, fraternal organizations,
educational, recreational, and governmental agencies were to band together
to provide the supportive framework for the offender to take his rightful
place in society. Psychiatric rehabilitation has been primarily successful
because community support has been mobilized in this way.
13 The concept of the employer as a therapeutic partner was described by the author in a
number of articles of which the following are representative:
363
1. Here are a few examples of how community elements can be utilized

as therapeutic partners. The chambers of commerce and other
organizations with industrial affiliations can be a fertile medium for
developing employer involvement in the rehabilitation of the penal
offender.
2. Religious organization can perform a more vital function than they
now assume.
3. Big Brothers can be a strong stabilizing force with offenders. This is
especially true of those in their teens and twenties. The emotional
deprivation experienced by these individuals through rejection is quite
pronounced and traumatic. Ac ceptance by societal representatives
is essential. Because the ability to accept a person regardless of one's
dubious past is so vital.
4. Unions can play a central role in breaking down employment barriers
if they can be encouraged to accept a rehabilitation philosophy. With
offenders who have retained their union membership, no difficulty is
generally encountered with eliciting union cooperation for participation
in the rehabilitation process. Major blocks occur when entrance into an
apprenticeship programme or union membership is sought for the first
time.
5. In a similar vein, schools and universities must open their doors to
offenders with academic potential. Admission criteria must be made
more flexible because many of these individuals suffer from erratic
school performance. Scholarship and other financial assistance must
be readily available. Counselling through university services should be
offered when necessary prior to entrance and during matriculation.
6. Government agencies can be very helpful in the rehabilitation process.
One of the most important developments in recent years is the growing
interest of State rehabilitation agencies in re habilitating the penal
offender.
7. A community effort must also include wide participation from
community citizens. All other areas dim in significance if citizen
participation is neglected. Many a successful rehabilitation within a
penal institution has been undone be cause of vindicative attitude
in the community, legal restrictions, and just plain misunderstand
ing. The correctional field needs to embark on a project similar to the
mental health and mental retardation planning programmes which are
helping to bring about so many needed changes in these two fields. A
correctional planning programme would recruit citizen task forces to
tackle such problems as helping the offender at a job when bonding
364
companies will not provide bond, removing impediments in our States

which prohibit convicted persons from obtaining employment in trades
in which they are skilled, and removing from many of our States the
criminal registration ordinances which demean the offender beyond
reason and make it difficult or impossible for rehabilitation to follow
to a successful conclusion. The rehabilitation process is stymied unless
an aroused citizenry exerts the necessary pressure upon lawmakers,
our trade associations, and others who continue archaic inhibitory
practices.
8. Follow up is essential if rehabilitation is to be successful. This process
should not be too difficult to carry out because a structure already
exists in the parole system. Follow up procedures should be carried
cut for a minimum period of a year and longer if necessary. Actually,
the services of the parole officer or whoever does the follow up should
be available whenever the ex-offender seeks help. There should be
two major phases to the follow up, namely, periodic regular follow
up and crisis intervention. Periodic regular follow ups are necessary
to evaluate the individual's progress and to assist him in building a
firm foundation for community living. Crisis intervention is necessary
because stresses and strains do mount up; and with the fragile egos of so
many of the ex-offenders, they may find it difficult or even impossible
to cope with critical situations without some assistance. Follow up, if
skilfully employed, represents a wise investment of the professional's
time.
The training and vocational programme in the prisons should be
geared to the needs of the outside world so that after release the prisoner
can find easy absorption in society. We need to diversify our training
facilities in terms of agriculture, crafts, technical and industrial education.
Unemployment and under-employment are two of the many problems
facing the prisons today. A large number of prisoners have to be engaged
in house-keeping chores, such as, scavenging, cleaning, cooking, sanitary
facilities for want of other occupations. The prison personnel, who look
after the offenders round the clock and all the year round, have an onerous
task. In this context, it is stressed that due recognition is given to the
prison services and better service conditions are provided. Specialized
correctional training to the prison is important. It is the key to the success
of implementing measures for prison reform. 14
14 Prisons in India (1969) “Some Pressing problems for Future Development of Prisons”
Ministry of Information, Broadcasting and Communication, New Delhi for the
Department of Social Welfare, pp 26-27
365
In summary, rehabilitation, if it is to be effective, must begin the

moment an offender enters the penal institution. A favourable emotional
atmosphere should be established in which the cultural expectation is that
the offender has a chance of succeeding in rehabilitation. In this respect,
we must develop a trust in the inmate's ability to respond to rehabilitation
measures. A complete evaluation must be given to determine which
psychodynamic needs and vocational goals can be met and through what
rehabilitation ac tivities. The rehabilitation program must be con tinued
in the community buttressed by periodic regular follow up and crisis
intervention. Employers and other community resources must be involved
as therapeutic partners. If this combination of steps is pursued, the chances
are good that the ex-offender can secure employment. However, we must
not delude ourselves that employment opportunities can be obtained
without faith in the offender and without the dedication and commitment
to the idea that rehabilitation must be initiated without delay and is a crucial
factor in each case. In the final analysis, extensive citizen involvement will
provide the pillars of support for successful rehabilitation.
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 research is focussed on the impact of reformation and rehabilitation
schemes on released prisoners. 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 are 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.
The selected Model Prisons is very specific in nature. In Model Jail the
system of selection of convicts is very good. The convicts selected for Model
Jail come 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. It is a mix of a Central Jail, Half Way Home and Open Air Prison.
366
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 to be taken care of. 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
instructional training. Then, the specific problems like home leave, working
outside, prison 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 trads they already know (not the crime
modus operandi), problem of house and employment after release have
taken up. After intervention through counselling, making groups, help
from the prison officials, convicts, NGO’s and District administration can
result in positive outcome.
NGOs' involvement for breaking barriers between prisoners and the
society is very necessary. The NGOs' 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 NGOs' to work for convicts also because
they are also a part of society. The prison department must do something
to involve the NGOs' and giving proper working environment to them and
such type of organizations without overlap in the programmes must also
take 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 our view what exactly is needed to be done is missing
and its objective and the approach have to be changed. 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 4
organizations in Model Jail are working on meditation and art of living.
Does this required 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 but not more than 5% of
the total population adopts 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
367
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 affect the prison security and its functioning.
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 affecting social functioning reflected
in myriad forms of personal and social maladjustments to help themselves.
It becomes 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:
Some other measures for the Rehabilitation Programmes:
1. Productive use of the time and energies of prisoners -
It is essential to keep prisoners occupied for as the saying goes "An idle
mind is the devils' workshop". Work both physical and mental, will keep
the prisoners alert, active and act as a safeguard against their slipping into
depression.
Literacy classes would involve both the literates and the illiterates (as
teachers and taught respectively). They would sharpen the mental faculties
of prisoners and boost their confidence levels.
Vocational training serves the twin purposes of productive use of the
energies of prisoners and of facilitating their rehabilitation in the long run.
Besides the traditional trades, such as tailoring, knitting, carpentry, jute
articles etc. new trades would be identified, keeping in view the abilities of
prisoners. In view of the increasing use of computers in today's world, the
educated among the prisoners can be imparted computer skills.
2. Improvement in the physical, mental & spiritual health of prisoners
A holistic approach covering the physical, mental and spiritual
facets is necessary in order to improve the health and general well being
of prisoners. Physical training drill on a regular basis, as well as outdoor
games would help keep prisoners physically active. The drill and games
would be devised for different groups of prisoners, keeping their potential
and limitations in mind.
Literacy classes would sharpen the mental faculities of prisoners. All
efforts shall be made to encourage education pursuits of prisoners.
368
Prisoners in general and those serving long sentences in particular run

the risk of developing a negative brooding attitude. This is in the interest
of neither the prisoners themselves nor of the society at large. While it
is necessary for them to realise the mistakes of the past and resolve not
to repeat them in future, they must learn to develop a positive, forward
looking approach. With this end in view sessions in ethics and moral values
shall be incorporated in the schedule.
3. Protection of juvenile delinquents and women prisoners from all
kinds of exploitation
It is of utmost importance to completely segregate juvenile delinquents
from adult prisoners. Similarly, total segregation of women prisoners is
essential. It is also important that female jail staff be placed in charge of
women prisoners.
4. A comprehensive rehabilitation programme for prisoners to ensure
their successful integration into the mainstream of society -
One of the biggest problems faced by prisoners on their release from
jail is that of rehabilitation. The vocational training programmes are an
integral part of the rehabilitation scheme. New vocations (such as computer
operator) shall be identified in keeping with the changing times and skills
imparted to prisoners with an aptitude. Rehabilitation package has to be
tailor-made for each individual prisoner taking into account his aptitude,
past experience, period to be spent in jail etc. Hence it is proposed to
constitute a Rehabilitation Committee which will provide the blue print for
a comprehensive rehabilitation programme.
5. Involvement of N.G.O.s wherever feasible to supplement
governmental efforts-
In view of the shortage of financial and manpower resources, it is
necessary to involve identified N.G.Os in different spheres such as health,
vocational training, literacy, rehabilitation programme etc. Involvement of
N.G.Os would also be one way of keeping the prisoners in some kind of
contact with the rest of society
Some Specific Recommendations

• Education system in the jails especially elementary education system
should be streamlined and strengthened as it is the best method of
making a person empowered and that leads to actual rehabilitation of
the prisoner.
369
• Computer training is also an important area which is very helpful for

the prisoners in this computer age for earning bread and butter after
their release from jail.
• More emphasis is required for imparting higher education and we
must create an environment for motivating the prisoners for higher
education.
• Relevant trades must be encouraged in vocational training and number
and variety should be more in vocational training. Involvement of
NGOs and corporate sectors in providing vocational training to the
prisoners can give a fruitful outcome of these vocational trainings.
• There should be a uniform wages system in the prisons of whole India
and prisoners should be treated alike in all the jails irrespective of the
states.
• The follow up of the reformation and rehabilitation of the prisoners
should be under the control of a separate unit of the prison department
which can run some after-care programmes with the help of the social
welfare department of the state.
• 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 NGOs 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.
• Regular research studies for evaluation, monitoring and improvement
of the system and also implementation of any policy needs pre-testing
followed by small research.
• Housing and employment problem after release is very severe. The
DUDA builds the low cost houses for the poor living in the slums. If
these houses can be given to the convicts after release so that 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 be a landmark step in reintegration into
the society. The minimum contribution which they have to give can be
meet out from their wages.
370
• Meditation, prayers, religious feelings need to be strengthened with

the help of print and audio visual media
• There is need 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 organize these and we should
not forget in British period the prisons were made to be profit making
organization. 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 is needed at all levels.
• More comprehensive planning that is with more attention to the social
aspects of development and greater control of resources that is what
has been attempted in the past with a view to attaining the objectives
of equity, social justice and self reliance.
• More support and follow up of programmes after release is almost
important lession.
• 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 is recognized at larger level.
• Cultural factors associated with the criminal and non- criminal showed
be taken care of while providings them different skills.
• Use of Autobiographical material from offenders by correctional
counsellors for encourazing the offenders towards
• Factors in prison life that have greatest impact on the offenders residing
there home to be emphasized.
• Tools for selecting the convicts for correctional activities must be
perfect.
• Meeting time should be increased and there must be some hostel-like
transit homes for the relatives coming from distant places and reaching
at odd times 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
371
few years of marriage then in most of the cases wife involves with
some other persons outside or get into second marriage that affect
the convicts a lot. During the British period there were two types of
meetings Kachchi and pakki mulakat. In pakki mulakat the convict
and his wife get a chance to spend some time in isolation to fulfil their
sexual needs. This seems to be very odd but in this way the human
rights of a wife can be protected and also the convicts 'will be more
psychologically fit and will participate in treatment and rehabilitation
with full zeal.
• Training in Micro enterprises is essential because the trades like
powerloom, paper industry etc. will not benefit them after release and
even they would 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 can
be introduced in the prison setup.
• 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 habit in the people reduces day by day and the convicts feel
depressed when they do not get any letter from their family members.
• Jail premises is now within the heart of the city and 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 is needed 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 of the 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.
372
• The economic problem the prison faces 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. We suggest to interlink the rehabilitation programme
through Business Process Outsourcing in order to sustain the trades
and increases marketabilities.
• The rights of the prisoners should be displayed 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 ways. 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 are 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 who 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.
• 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.
Areas of Further Research

• Research on post release utilization of prison work experience.
• Research on relation between prison work experience and recidivism.
• Research on the problem of how many families have suffered due to
imprisonment of bread earning member of the family.
• Research on post release utilization of prison education.
• Research on relation between prison education and recidivism.
• Research to find out whether the prison education has helped in
decreasing crime or otherwise.
373
• Research on a comparative analysis of prison administration with

other bureaucratic administrations, viz., judicial, revenue, education,
police, army, industrial organization.
*********************************
I want to conclude with these words of Andre Gide, a French Thinker
and Writer:
“Everything has been said already,
But as no one listens,
We must always begin again…!
374
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Prison Act 1894
The Prison Act 1870, 1894
The Prisoners Act, 1900
Piaget, J., and B. Inhelder (1969), The Psychology of the Child, New York:
Basic Books,
Perlman, Harrys. S. and Allington, Thomas B. (1970) A symposium of
prisons and correctional law, University of Nebraska Press, Lincoln,
Report of India Jail Committee 1864, P. 10 , 16, 20
Report of India Jail Committee 1919-20, P. 29
Reckless, W.C. and Kay, B (1957) The self component in potential delinquent
and non delinquent. American Sociological Review, 22, 570
Reid, Sue Titus (1976) Crime and Criminology. The Dryden Press, Illinois
Reckless, Walter (1955) The Crime Problem (2nd edn.) Appleton Century
Crafts, INC. New York
380
Further Readings
Report of the Indian Jails Committee, 1838

Report of the U.P. Jails Equity Committee, 1929
Report of the U.P. Departmental Jails Committee, 1939
Report of the U.P. Jail Industries Equity Committee, 1955
Report of the All India Jail Manual Committee, 1959
Reinhardt J.M. (1986) Prison Education, Journal of Correctional Research,
University of Alabama
Robinson, Louis N. (1931) Should prisoner work Philadelphia
Robinson, Louis N. (1947) Contradictory Purposes in Prisons, Journal of
Criminal Law and Criminology, 37: 449-457
R. Longmire and Velmer S. Burton, Jr. (1994) A large-scale multidimensional
test of the effect of prison education programmes on offenders'
behaviour. The Prison Journal, 74, 433-449
Sykes, Gresham M. (1956) the corruption of authority and rehabilitation,
social focus, 34
Sutherland E.H. and Cressey, D.R. (1960) Principles of Criminology (6th ed.)
Philadelphia, Lippincott
Smith Alexander B. and Berlin Louis (1974) " Self Determination in Welfare
and Corrections: Is There a Limit?" Federal probation– A Journal of
Correctional Philosophy and Practice, Volume XXXVIII No. 4, p. 3
Smith, Michael E.(1998), "Let Specificity, Clarity and Parsimony of Purpose
Be Our Guide," Law and Policy 20 (4)
Smith, Michael E., and Walter J. Dickey (1998), "What If Corrections Were
Serious About Public Safety?" Corrections Management Quarterly 2
(3): 12-30.
Sangar, Satya Prakash, Crime and Punishment in Mughal India, Delhi;
Jullunder (1987) p.26
Standard Minimum Rules for the treatment of Offenders,(2002) Office of
the Commissioner on Human Rights, Geneva
381
Sampson, R.J and Clear, T.R (1998) Incarceration, Social Capital, and Crime:
Implications for social disorganization theory. Criminology, 36, 441-
479.
Sechrest, L. (1987) Classification for treatment. In D.M. Gottfredson and M.
Tonry (eds), Prediction and Classification: Criminal Justice decision
making, Vol. 9 Chicago: University of Chicago press.
Taylor Ian, Walton Paul, Yound Jock (1975) Critical Criminology, Routledge
and Kegan Paul, London
Taft D.R. (1948) Criminology, New York
Tannenbaum, Frank (1951) Crime and the Community, Columbia
Ward, T & Stewart, C (2002) Criminogenic needs and human needs: A
theoretical model. Psychology, Crime & Law.
Wexler, D.B. (2001) Therapeutic Jurisprudence: An Overview. Thomas
M. Colley Law Review, 17(1).
Wood Arthur, Evans and Waite, John Barkeri (1941) Crime and its
Treatment, New York
Wright, K.N. (1988) The relationship of risks needs personality classification
systems and prison adjustment. Criminal Justice and Behaviour, 15,
454-472.
382
Further Readings
Special Thanks to Our Friend and Mentor

Dr. Sharad
Deputy Inspector General of Prisons, Lucknow Range
D r. Sharad is a Senior Prison Official of Uttar Pradesh Prison Department.

He is always kind enough to provide us all kind of research support at
his personal and professional level. Since he got a keen interest in academics,
we are able to discuss various important issues related to prison, prisoners
and prison officials. We as a theoretician and Dr Sharad as a correctional
practitioners for such a long period of 25 years complete the required inputs
and internal and external overview of the system as a whole. This present
work would have not be complete is such a manner without his blessings
and support. With the help of Dr. Sharad, we already planned a big project
on the topic discussed here to ascertain the actual policies at the field level.
Hopefully the Central government will be kind enough to fund our project.
From the core of our heart we are thankful to Dr. Sharad for providing
assess and support in the prison system for the academic purposes like this.
383

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Reformation

First Published 2014

Such considerations have led the author to discuss, with regard to

sort of government at all. It was stern, but it was capable of country-wide

Lucknow Dr. Mridul Srivastava

Glossary of Key Terms Used

Active management Skilled and knowledgeable staff use every contact

Rehabilitation Rehabilitative activities seek to train, educate and

Reformation and Rehabilitation of Prisoners

Chapter II Historical Overview of the Prison System in India 00

Chapter III Change and Challenges of the Prison System in India 00

Chapter IV Concept of Human Rights of Prisoners in India 00

Chapter V Punishment System under Indian Laws 00

Chapter VI Correctional Administration in India 00

Chapter VII The Model Jail, Lucknow, Uttar Pradesh – A Unique 00

Chapter VIII The Path Ahead – Blue Print for Future 00

1 Prisons in India (1969) Ministry of Information Broadcasting and Communication,

changed over the years, especially since the dawn of Independence in

It is in the context of the preventive and reformative approach

general abandonment and criticism in contemporary moral philosophy of

2006 111 293 852 15 27 NA NA 38 1336

whether imprisonment is necessary or appropriate in any particular case,

10 Mauer Marc (2004), WALTER C. RECKLESS MEMORIAL LECTURE "Thinking

12 Report of the Advisory Committee on After-care Programmes, Central Social Welfare

In the Words of Girish Patel: A Model Jail Prisoner

manuals will naturally require a revision of the Prison and Prisoners'

fxjh'k pUnz iVsy

to probation officers, and a beginning may be made by organising after-

Prisoners Welfare and Rehabilitation Policy

Rehabilitation of Prisoners in India

In 2012, only 1631 prisoners were provided financial assistance, 3776

U;k;k/kh'k [kkrk gS U;k; dk fo/kkrk gSA

rehabilitative experiences in the institutional premises need help and

15 Working paper on "Prison, Probation and After-care", Central Bureau of Correctional

The Teachings of Ramanayan

2- dje opu eu NkfM+ Nyq tc yfx tuq u rqEgkjA

commitment is something like released prisons convalescence. Model

Rationale of After-care and Follow-up Services for the Released

20 Report of the United States: National Advisory Commission on Law-Enforcement and

Self Determination in Welfare and Corrections

21 J.P. Martin, "After-care in transition", in Criminology in Transition- Essays in Honour

therapists could assume an authoritative stance in imposing treatment

The Role of Reward and Punishment in Education and Correction

Conditioned Reflexes or Social Responses

human beings to develop more than reflexes, reactions, and repressions of

Is There Actually a Need for Punishment

25 Alfred Adler, Understanding Human Nature. New York: Greenberg, 1927.

aggravate the frustration which has produced this pattern of disturbance

26 Alfred Adler, Education for Children, New York: Greenberg, 1930.

Outside Reward or Inner Satisfaction

Encouragement by Approval, Praise, and Acclaim

Social Feeling and Responsibility

detours, which might lead to dangerous swamp land. In education as well

Community Participation in Prisons

28 Saksena, H.C, (1956) "Community and Prison – An Integral Approach"The Journal of

from their lack of implementation. Organisations that seek to assist both

Why do we need Community Participation?

29 Saksena, H.C, (1956) "Community and Prison – An Integral Approach"The Journal of

Pradesh a Pilot Project has been taken up in conjunction with Planning