Maneka Gandhi (2018) minister of women and child development in India produced recommendations also solutions to prove the standard of living behind the bars for women. She also emphasized the purpose of why the prisons should have better conditions, the report included many important issues that increasing in India often fails, such as pregnant women facing a lack of health treatment.
The report suggested a possible solution to the national prison manual 2016 because most women prisoners face mental illness issues due to extreme pressure, one of the suggestions was to hire female counselors and psychologists so that the prisoners could feel safe to share their mental issues. There is another pressure on women prisoners which is concerned about how society would accept them after their bail.
The constitutional status of women prisoners in India
The supreme court of India in the case of Hussain Ara Khatoon v Home Secretary State of Bihar (1979 AIR 1369). The bench of the case included Bhagwati, P.N., Pathak, R.S Koshal, A.D. This case is one of the landmark cases in the history of India, which was decided on the 9th of March 1979 judgment highlighted how important it is to grant speedy justice to the people. Speedy trial around the world is recognized as a fundamental right. Article 21 was the main point in the whole judgment. Interpretation of Article 21 was elaborated by the bench in the following words “what fear can these lost souls have in the judicial system which denies them a bear trial for so many years and keep them behind bars, not because they are guilty, but because they are poor to afford bail and the courts have no time to try them.” Article 39 A of the constitution of India provides “for free legal aid to the poor and weaker sections of the society and ensures justice for all.”
The constitution of India contains no such direct provisions that protect the rights of women prisoners, but by the act of judicial interpretations, some of them are protected under certain provisions. Article 14 of the constitution of India states, “the state shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.” The right to equality is the fundamental right for every individual living in society today.
From articles 12 to 35 of the Indian constitution fundamental rights are highlighted. The right to practice religion, this freedom of speech, freedom of expression and the right to become a member of an association and the right to have education are the rights of a common public which includes the women prisoners as well. Through the creativity of the Indian judiciary, some of the basic rights are granted to women prisoners that honor their existence and dignity which include the right to legal aid right to live with human dignity, the right to have an interview with a friend, family, lawyer and rights against inhuman treatment and article 15 of the Constitution of India all states “the state shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.” Whereas article 21 of the Constitution of India focuses on various rights that include the right to free aid, rights against custodial violence, and death in lock-ups.
Rape and sexual assaults of women prisoners in India
Rape and sexual assaults are a violation of the dignity of any woman, somebody who is free from bars or someone behind the bar has a right to equal protection in real life. Women prisoners in India face rape and sexual assault by the jail administration or by the custodial staff, this is an open violation of human dignity. Unfortunately, such cases hardly came to the limelight and even the victims behind the bars did not demand justice due to the pressure of the jail authorities. The right to access justice is everyone’s fundamental right as mentioned in article 14 and article 21 of the Indian Constitution.
The victims of rape and sexual assault (women prisoners) go through mental disorders due to the unethical authorities they face on regular basis. Rape is an offense and somebody who commits this offense is punishable by the justice system. Due to the lack of communication between German prisoners and their families, it’s hard for them to talk about the torture they suffer every day. On the other hand, if the constitution of India ensures the protection of the life of convicts under trial and criminal then why did the woman behind a part says the threat to their life and fundamental rights? The justice system is, however, lacking to provide them secure life, the fear to live in the moment peacefully is common for the victims (women prisoners) in India, and this part is being ignored for a very long time now. There is no pressure of accountability on the people who rape such victims.
Section 376 of the Indian penal code consists of provisions directed to the punishment of rape “clause 2 section 376 intends to take within its ambit the custodial officers and defines circumstances under which they can be charged with an offense of rape against women.”
Section 376(2)(A) says “a police officer is said to have committed rape against women if the women were present within the limits of the police station of which the police officer is appointed, or the women were within the premises of that station or if the women were in the custody of the police officer or a subordinate police officer who was under the police offices.”
The protection under the provisions and action must be the state’s responsibility to look after the mistreatment done to the women prisoners. The justice system should be more effective for the accountability of jail administration. Kiran Bedi in her book addresses the issue of women prisoners in these words, “women prisoners were subjected to the most humiliating experience which robbed them of what little dignity and self-respect they reached the prison with. It must be considered some sort of miracle that these women managed to cling on to their sanity, despite the overwhelming odds they faced.”
Women around the world don’t deserve to be treated like animals. Women in a society where males are dominant in varieties of sectors can hardly make space to live their lives with dignity. The massive amount of pressure daily on women prisoners only leads to a mental state of abuse, they are terrified every day due to this extreme pressure. The children who live in the present with their mothers have observed the affected situation happening around them, they are unaware of the circumstances and why their mothers are inaccessible due to imprisonment. And how they suffered torture in their presence. This may impact the mental grooming and growth of the child as well the mother is not just only surviving in the prison but also the child living with her, both are victims.
One of the leading cases in India is Sunil Batra v Delhi administration 1978 4 SCC 409 the case is a landmark case in the legal history of India. Constitution and statutory provisions discussed the prison act 1984 articles 14, 15, 19, 21, 32, and 226 of the constitution of India, 1949, and the Punjab prison manual. Many important questions were raised in this case, keeping in view the condition of the prisoners in India, the torture they suffer, and their living standards. The convict under the death sentence the petitioner, in this case, wrote a letter to the judges of the court in which he addressed the issue of the difficulties the prisoners face regularly he also mentioned the mistreatment they faced by the police authorities. The letter was in favor of prisoners and their rights, they demanded fundamental rights under the constitution of India. The letter written by the petitioner was then considered a writ of habeas corpus. The senior bench of judges decided to address the court under article 32 of the constitution of India.
Article 32 of the Indian constitution states the following provision “individuals may seek redressal for the violation of their fundamental rights… Constitutional weapons, known as writs for the enforcement of such rights.” The Inhumane condition in the prison was the focus of this case. The court in the judgment also mentioned that it is the responsibility of the code to protect the rights of prisoners under the constitution, especially under articles 14, 19, and 21. The right of the prisoner shall be protected under the constitutional provisions of India articles 14, 19, and 21. But the court issued a duty to the district magistrate to visit the prisons on the weekly basis due to the poor condition and inhumane torture the prisoners faced, this decision brought a revolution, as the writ highlighted the most important discussion in Indian history.
The horrific Incidents inside the prison left many questions unanswered, but the possible solution from the code was to recognize the dignity of the prisoners as important as any normal person has. The code expected a responsible implementation of the prisoner’s law by the authorities without any compromises. There shall be no torture inside the prisons, the medical care Shall be provided to the prisoners to protect their right to a healthy life. All state governments shall take care of all necessities of the prisoners and also checks and balances should be the top priority of the system to maintain peace behind the bars. That case emphasized the duties and responsibilities of the jail superintendents, they must respect the dignity of the prisoners. The court also decided on the right to have access to courts, without any factor of discrimination every common person has a right to seek justice from the courts.
One of the women prisoners named Meena who had spent four years of charges in Shahjahanpur district jail mentioned in her conversation that was a lack of peace, everyone was busy on their own in a way that unfortunately there was no silence, this was ultimate torture for the prisoners, everyone was so much engaged in interfering each other’s business, she also mentioned sometimes she missed to be all alone when nobody could judge her around, look at her or even touch her without her consent. Every time people seek peace in the prison, they are badly treated by the jail authorities. There was hardly anyone who could understand the pain the prisoners were going through. Many of the women prisoners used to cry and grieve over their existence in jail, she also added about the living standards behind the bars, Mina continues, she recalls the memory in 2002 when there was a shortage of water supply and how she couldn’t manage to take bath and she along with her fellows used to take one in four or five days, she mentioned that not everything is according to your requirements, the food, the sleeping schedule and also not even your batting time.
Another prisoner named Leela also shares her experience at Byculla present, “how the expectation tonight of privacy is being done inside the jails. The gene decided to install CCTV cameras inside the women prisoner’s area. This disappointing act was justified as a check and balance on them,” several of us prisoners opposed this move-we said if you want to install CCTV cameras, you should do it in the offices, that we’re violence against prisoners and enemy exchange of money as bribes take place,” she says” we were fine with the cameras in the outside”
Lack of women’s prisons in India
The overcrowding issue of prisoners is an ignorant issue, there are insufficient prisons as compared to the increasing ratio of prisoners. There are 1,412 prisons in India, according to the 2018 prison statistics India report, the table shows a wider understanding of the issue.
Jail’s Name
Number of prisons
Sub jails
732
Women jails
20
Central jail
137
District jail
394
Special jail
42
Borstals schools
20
Open jails
64
Other jails
3
