On March 11, 2020, in course of my incumbency as Special Inspector General of Correctional Services, West Bengal, a visit to the Baruipur Central Jail (Jails & Prisons are called Correctional Homes in West Bengal) marked a significant day in my career and the lives of those I encountered. As a senior officer in the prison department, my responsibilities often brought me face-to-face with the harsh realities of incarceration. However, nothing prepared me for the encounter with Amar Sardar, a resident of Kabardanga, Sonarpur, under the Baruipur Police District of South 24 Parganas district of West Bengal.

During my routine visit to the jail, I was approached by Amar Sardar, a prisoner who had an unusual request. Amar was not pleading innocence or asking for leniency; his request was simple yet poignant. He had already been ordered to be released by the magistrate, but his freedom came with a price - a fine that he could not afford. Moreover, he also needed to pay his lawyer's fees, making his release seem like a distant dream.

Curious about the specifics, I asked Amar how much money was required for his release. With humility and desperation, he told me that a sum of Rs 3,000/- would cover both the fine and the lawyer's fees. The amount, though not substantial for many, was a significant barrier for Amar. His plight struck a chord with me, compelling me to act.

To ensure the authenticity of Amar's claim, I requested the jailor to verify his statement. The jailor, after a thorough enquiry, confirmed that Amar's situation was indeed as he had described. Faced with this truth, I felt a moral obligation to help. I handed over Rs 3,000/- in cash to the jailor, instructing him to use the money to pay the fine and the lawyer's fees and arrange for Amar's immediate release.

The following day, I received confirmation that Amar Sardar had been released from jail. His freedom was a testament to the power of compassion and the impact of small acts of kindness. This incident set a precedent for the officers and personnel of the correctional home. It highlighted the importance of standing by prisoners in their times of need, especially when the cause is just and noble.

With Amar Sardar at Baruipur Central Jail in the Superintendent's Office

News of this act quickly spread, and I was approached by a reporter from a local newspaper. When asked about my actions, I expressed my commitment to continue supporting hapless prisoners in the future. Amar's gratitude was overwhelming. He never expected that a prison officer would take such a personal interest in his plight and facilitate his release by covering the necessary expenses. This unexpected act of kindness left a lasting impression on him and many others.

Upon narrating the incident to my senior officer, the Director General of Prisons, I faced an unexpected reaction. He questioned why I had personally paid for the prisoner instead of bringing the matter to his notice. He mentioned that the payment could have been arranged from the Prisoners' Welfare Fund. His response made me ponder why such issues did not come to his attention earlier and highlighted the systemic gaps that left many prisoners languishing in jails due to non-payment of fines and legal fees.

Motivated by this incident, an initiative was subsequently launched by the DG, Prisons to identify other prisoners in similar situations. However, despite the initial enthusiasm, the initiative did not make any worthwhile progress. Over time, the follow-up actions were forgotten, and the plight of such prisoners remained largely unaddressed.

This episode underscores a broader issue within the prison system - the need for more proactive measures to support prisoners who are unable to pay fines and legal fees. It also highlights the importance of empathy and humanity in the administration of justice. While rules and procedures are necessary for maintaining order, compassion should not be overlooked.

From a personal standpoint, this incident reaffirmed my belief in the power of individual actions, howsoever small, to make a difference. It reminded me that as public servants, our duty extends beyond mere administration; it encompasses acts of kindness and support for those in need. The gratitude and relief on Amar's face were the greatest rewards, far outweighing any bureaucratic accolades or the small sum of money I paid.

The story of Amar Sardar is not just about one man's release from prison; it is a call to action for a more humane and responsive prison system. It is a reminder that behind every case number and file, there is a human being with hopes, fears, and a desire for dignity. As I continued my journey in the prison department, I remained committed to standing by those who found themselves at the mercy of circumstances beyond their control. This commitment is not just a professional duty but a personal mission to ensure that the values of compassion and humanity remain at the heart of our justice system.

In closing, my visit to Baruipur Central Jail on that March Day was more than a routine inspection - it was a reminder of the profound impact we can have on the lives of others. It reinforced the belief that true justice extends beyond the courtroom and the prison walls, encompassing acts of kindness that restore faith in humanity.

Despite the existence of a free legal aid system, its effectiveness is hampered by several issues. Many lawyers assigned to provide this service rarely visit prisons to interact with inmates, understand their situations, or offer emotional support. Consequently, numerous prisoners lack access to adequate legal counsel and those who do receive it often find their lawyers inadequately equipped to represent their cases effectively in court. The problem is exacerbated by the poor and inconsistent payment of fees to these lawyers, further discouraging their involvement.

Despite their mandate, many judicial officers rarely visit jails to assess the welfare of prisoners. When they do, their focus often remains on finding fault of the jail administration, neglecting the crucial aspect of advocating for infrastructural improvements. Instead of directly engaging the higher authorities responsible for allotment of fund with specific requests for increased jail capacity or enhanced facilities, they typically limit their actions to sending reports to the Director General (DG) of Prisons, leaving the follow-up and implementation entirely in his hands.

However, the DG operates within a fixed budget and lacks the authority to go beyond its constraints. The budget is allocated to the DG of Prisons by the Principal Secretary /Secretary of the prisons' department. They base this allocation on the budget they get from the state finance department. The prison is a non-profit organization - an area that doesn't draw much interest from the higher authorities. As a result, issues related to its development and upgradation, or even the welfare of prisoners tend to be overlooked since these do not provide any direct benefits.

By proactively writing to the finance department with specific recommendations and actively pursuing their implementation, judicial officers could significantly expedite progress in addressing the infrastructure deficit and improving jail conditions. If the judicial officers start writing to the finance department with follow up action regarding shortage of jail officers and personnel, overcrowding, drinking water shortage, bathing water shortage, increase in the number of jails and open jails, infrastructural shortcomings, doctors, medicines, mental health set up, washrooms, toilets, barracks, lighting, fans, ventilation, sweepers, medicines, gynaecologists, psychiatrists etc., the condition of jails and prisoners will improve drastically, as the recommendations of judicial officers are taken more seriously by the finance department when action taken report is sought.

The urgent need for additional jails, jail officers and personnel, family quarters for jail staff, doctors, medicines, mental health facilities, deaddiction centres, washrooms, toilets, barracks, lighting, fans, ventilation, sweepers, drinking and bathing water facilities, parole for under trial prisoners, gynaecologists, and psychiatrists should be communicated through frequent reports to the finance department by the judicial officers. Such communication would significantly enhance the living conditions of inmates and the overall functioning of correctional institutions.

Regular observations of judicial officers of both lower and higher courts highlighting these deficiencies would prompt the finance department to take sincere steps to resolve them, thereby improving the well-being of prisoners and jail personnel. By persistently advocating for the necessary resources, judicial officers can bring about substantial improvements in the conditions of jails and the treatment of incarcerated individuals. The prompt and effective response from the finance department on judicial recommendations would result in a significant reduction of overcrowding, health risks, death in prisons and other challenges faced by prison populations.

Written By: Md.Imran Wahab, IPS, IGP, Provisioning, West Bengal
Email: [email protected], Ph no: 9836576565