When a person in official custody of prison passes away, it is called death in prison. The death may be natural or unnatural and caused inside the prisoner or outside in hospital or during transit from prison to court or hospital and vice versa. However, the death of a prisoner who was released on parole by the prison authorities cannot be called death in prison.

All deaths in prisons, though unfortunate, cannot be prevented and not every death can be attributed to the failure of the prison system. Deaths in prison may be caused due to unforeseen circumstances due to natural reasons, which cannot be anticipated or controlled. However, when a prisoner dies due to foul play or negligence of the prison authorities or by the torture inflicted on him by the prison staff, it invites public outrage and represents the most severe form of prisoner mistreatment.

It is obligatory upon the prisons to provide safety and security to the prisoners and uphold and safeguard all their rights to which they are entitled. If the prison fails in discharging its responsibilities towards the prisoner, the prison officials are liable for both civil claim and punitive measures to restore faith of the general public in the criminal justice system.

The death in prison may be due to natural causes, medical neglect, suicidal, accidental, homicidal or by excessive use of force by the prison officials. Such deaths can create law and order problem both inside and outside the prison and tarnish the image of the prison administration in the eyes of the public. Death in prison is a sensitive issue with prison authorities often being accused of torture, neglect and attempts to conceal the truth behind the cause of death.

Prisoners lodged in jails can be classified in the following categories:
Convict Prisoners:	They have been pronounced guilty of a criminal offence by the court and have been sentenced to imprisonment.
Undertrial Prisoners:	They remain in prison waiting for completion of their trial. Their number is normally highest in the prison.
Detenues:	They have been detained in prison under preventive detention laws.
Internees/Awaiting:	They have completed their sentence and awaiting release due to procedural delays. They are mainly foreign national prisoners. In West Bengal most of such prisoners are Bangladeshi nationals.
Civil Prisoners:	They do not belong to any of the above categories and have been detained for default of payment of fine or a civil financial liability. They may also be accused of contempt of court.

Most of the individuals incarcerated in prisons come from poor and economically backward background. They face significant health issues and grapple with long standing substance abuse problems. Mental disorders and severe illness are prevalent amongst them. Many individuals who find themselves in prison are found lagging in education, employment, housing and financial stability. They naturally have poor access to proper health services. Overcrowding, poor sanitation, limited scope for fresh air and exercise in the prisons make their life more vulnerable to diseases and ill health.

The prisoners who are confined in high security prisons or cells have to remain cut off from the general population of the prison having a secluded life. They need special attention of the prison staff vis-à-vis their mental health condition. The act of imprisonment in such uninhabitable condition is likely to enhance mortality rate of prisoners.

Human Touch:

The news of a family member in prison causes immense distress to their family members and hence they should be notified immediately about the death. The dead body should be treated with respect and its prompt post mortem arranged after informing the concerned authorities for inquest over the dead body. All concerned officers and agencies including National Human Rights Commission and State Human Rights Commission should be notified about the death promptly.

The lack of communication and institutional defensiveness often creates suspicious in the minds of the family members of the prison about the cause of death and suspect foul play. Close supervision should be ensured during removal of the body and its transfer to the hospital for post mortem examination in co-ordination with the investigation authorities. Moreover, there should not be any unreasonable delay in returning the dead body after post mortem to the next of kin of the deceased prisoner.

Collection of Reliable Data:

The collection and collation of accurate data in respect of deaths in prisons is crucial for understanding the real causes of death and to take remedial measure to formulate strategies and to prevent further deaths. By conducting research and collecting comprehensive data on deaths we may gain insights into the actual causes of deaths in prisons, identify emerging trends and inform evidence basic policies and practices.

Many countries unfortunately don't have accurate data of deaths in prisons particularly of deaths caused due to drug addiction nor drug overdose as this may compel prison authorities to acknowledge the presence of drugs inside the prison. The countries like Canada, Scotland and the United States maintain such data. In some cases, it is seen that when a drug addict suffers from withdrawal symptoms there is no drug or medicine inside the prison to deal with the problem.

We can't reduce deaths in prisons unless we collect accurate data on deaths in prisons, as only data can help us in delving deep into the causes of death and in taking necessary measures to prevent further deaths inside the prisons. Data will also help in pointing out the lapses on the part of prison administration in preventing unlawful entry of drugs inside the prisons and their negligence in treatment of sick and mentally ill prisoners.

With the help of data, we can invite the attention of the government in investing more in prison infrastructure thereby reducing the number of deaths in prisons. Without the analysis of reliable data effective strategies and planning cannot be made to deal with the ever-increasing number of deaths in prisons.

Death in Prisons of West Bengal:

The notification of death in prison is sent by the concerned officer-in-charge/superintendent of the prison to:

1. the nearest Judicial Magistrate empowered to conduct inquiry under section 176(1A) of the Code of Criminal Procedure, 1973;
2. the nearest Executive Magistrate empowered to conduct inquiry under section 176 of the Code of Criminal Procedure, 1973;
3. the officer-in-charge of the nearest police station for conducting investigation into the death;
4. the National and State Human Rights Commissions within 24 hours of the death;
5. to the family of the deceased prisoner

The inquiry must be conducted to determine the actual cause of death of the prisoner and to find out whether adequate medical attention was provided to him/her and whether there was any abuse, negligence or excessive use of force by the prison officials.

Suicides, inmate murders, deaths due to negligence, deaths due to excessive use of force by the prison authorities, deaths resulting from shootings, deaths due to assault by external parties and accidental deaths may be called as unnatural deaths. Most of the unnatural deaths are caused owing to suicidal hanging and unnatural deaths account for around 10% of the total deaths in prisons.

All cases of deaths in the correctional homes of West Bengal are investigated by the police and inquiries are also conducted simultaneously by the Executive Magistrate and the Judicial Magistrate. Prison/Jail are called correctional Home in West Bengal. In the day to day running of the correctional homes of West Bengal, West Bengal Jail Code, West Bengal Correctional Services Act, directives of the West Bengal Human Rights Commission and National Human Rights Commission and orders of the High Court of Calcutta and Supreme Court of India are generally followed.

In the year 2017, 121 prisoners died in the prisons of West Bengal including 109 natural and 12 unnatural deaths. As per post mortem reports, the unnatural deaths were cases of suicidal hanging. The majority of deaths due to natural causes occurred either in the correctional homes or in the hospitals where the prisoners were admitted by the prisons' officials for undergoing medical treatment.

In the year 2018, 92prisoners' deaths were reported in the prisons of West Bengal including 84 natural and 07 unnatural deaths. According to post mortem reports, the unnatural deaths were mostly cases of suicidal hanging. Most of the deaths due to natural causes occurred either in the correctional homes or in the hospitals where the prisoners were admitted by the prisons' officials for undergoing medical treatment.

In the year 2019, 109 prisoners expired in the prisons of West Bengal including 102 natural and 07 unnatural deaths. As pointed out in the post mortem reports, the unnatural deaths were cases of suicidal hanging. The majority of deaths due to natural caused took place either in the correctional homes or in the hospitals where the prisoners were admitted by the prisons' officials for undergoing medical treatment.

In the year 2020, 148 prisoners died in the prisons of West Bengal including 126 natural and 22 unnatural deaths. As per post mortem reports, the unnatural deaths were cases of suicidal hanging. The majority of deaths due to natural caused occurred either in the correctional homes or in the hospitals where they were admitted by the prisons' officials for undergoing medical treatment. Notably, 02 of the 05 women prisoners died due to unnatural causes.05 prisoners died in accidental firing incidents.

In the year 2021, 157 prisoners died in the prisons of West Bengal including 141 natural and 16 unnatural deaths. As per post mortem reports, the unnatural deaths were cases of suicidal hanging. The majority of deaths due to natural caused occurred either in the correctional homes or in the hospitals where they were admitted by the prisons' officials for undergoing medical treatment. Notably, 02 of the 05 women prisoners died due to unnatural causes. 05 prisoners died in firing incidents.

Heart and lung diseases are the leading causes of natural deaths in West Bengal's prisons. It is estimated that an average of 125 prisoners die annually while in custody of prisons in the state.

It is clear from the above bar diagram that the annual number of deaths in prisons of West Bengal has increased in the year 2021 as compared to the number of deaths in the year 2017, 2018, 2019 and 2020. 157 prisoners died in the year 2021 as compared to 148 in 2020, 109 in 2019, 92 in 2018 and 121 in 2017.

Most of the deaths occurred in central correctional homes where the number of prisoners lodged is more than the registered capacity of the prisons. Though most of the deaths have been recorded as natural, non-availability of adequate number of ambulances, ambulance driver, de-addiction and rehabilitation centre, medical infrastructure, mental health care, paramedics, nurses and doctors in the correctional homes also contribute to some extent to the increase in the number of deaths in prisons.

A major chunk of the budget allocated from the state budget to the prisons department is eaten up in providing food daily three times a day to the more than 27000 prisoners lodged in 60 correctional homes of the state and in giving salary to all the officers, men and women working for in the correctional homes. A very little amount of the budget is spent on improving infrastructure, increasing prisoners' holding capacity of the correctional homes, upgrading medical and mental health care facilities, setting up rehabilitation and de-addiction centres, arranging ambulances with drivers and ensuring life saving measures in the correctional homes. Shortage of medicines in the correctional homes is another area requiring special attention of the authorities.

The presence of a large number of undertrial prisoners who constitute around 80% of the prison population is another source of constant headache for the prison administration. Most of the prisoners incarcerated under NDPS and POCSO Acts suffer due to non-grant of bail, non-holding of regular trial and non-release on parole. Bail in NDPS and POCSO cases is sparingly granted by the courts and regular trial in such cases are not held leading to resentment in undertrial prisoners, who have a tendency to indulge in unruly behaviour due to their frustration and inability to visit their homes by the facility of parole.

Overcrowding in some prisons make the lives of prisoners more pitiable. The number of prison officers, men and women is not in commensurate with the number of prisoners in the correctional homes making life difficult for the prisons' personnel in handling prisoners. In addition to this is the vacancy position in different ranks making shortage of staff more acute. Such problems as faced in the state of West Bengal are also prevalent in different jails of the country.

Statement On Inmates Admitted and Released During the Year 2021

Table No. 2
SL. No.	Type of Inmate	Gender	Total Inmates Admitted: during the year	Total Inmates Released during the year	Inmates in Jails at the end of the year (i.e., 31st Dec.)	Inmates in Jails at the end of Previous Year	Inmates in Jails at end of the year	Col.V2 = Col. (6)
(1)	(2)	(3)	(4)	(5)	(6)	V1	V2=V1+(4)-(5)
1	Convicts	Male	3409	5658	2758	5007	2758
		Female	1318	1483	195	360	195
		Transgender	16	15	1		1
		Total	4743	7156	2954	5367	2954
2	Undertrials	Male	102743	100281	21308	18846	21308
		Female	4373	4421	1248	1296	1248
		Transgender	31	12	21	2	21
		Total	107147	104714	22577	20144	22577
3	Detenues	Male
		Female
		Transgender
		Total
4	Others	Male	1092	1196	151	255	151
		Female	702	712	87	97	87
		Transgender	13	13
		Total	1807	1921	238	352	238
5	Total Inmates	Male	107244	107135	24217	24108	24217
		Female	6393	6616	1530	1753	1530
		Transgender	60	40	22	2	22
		Total	113697	113791	25769	25863	25769

113697 inmates were admitted in prisons, 113791 released and 25769 remained in prisons of West Bengal during the year 2021. In 'Others' head there are prisoners particularly Bangladeshi Nationals waiting for repatriation or deportation, which is along drawn process.

Analysis of Deaths in Prisons of West Bengal in The Year 2021:

Natural & Un-Natural Deaths In Prisons Of West Bengal In 2021

Natural Deaths
Cause of Death	Male	Female	Trans-gender	Total
Ageing	04	01	0	05
Illness	126	10	0	136
Total	130	11	0	141

130 males and 11 females (Total:141) died due to natural reasons i.e., ageing and illness in the prisons of West Bengal in the year 2021.

Unnatural Deaths
Cause of Death	Male	Female	Trans-gender	Total
Suicides	10	0	0	10
Pending Final Opinion	06	0	0	06
Total	16	0	0	16

16 males died due to unnatural reasons in the prisons of West Bengal in the year 2021. Final opinion was pending in respect of deaths of 06 prisoners.

Total Natural and Unnatural deaths
Cause	Male	Female	Trans-gender	Total
Total	146	11	0	157

146 males and 11 females (Total: 157) died due to natural and unnatural reasons in the prisons of West Bengal in the year 2021.

Breakup of Natural Deaths Due to Illness in Prisons of West Bengal in 2021

Table No. 6
Illness	Male	Female	Trans-gender	Total
Heart Problems	39	02	0	41
Lung problems	18	01	0	19
Liver problems	05	0	0	05
Kidney problems	06	0	0	06
HIV	04	01	0	05
Cancer	05	0	0	05
Tuberculosis (TB)	04	0	0	04
Paralysis	02	0	0	02
Cholera/ Diarrhoea	0	01	0	01
Schizophrenia with Epilepsy	1	0	0	1
Brain Haemorrhage	03	0	0	03
Intestine Perforation	03	0	0	03
Due to Drugs/Alcohol Withdrawal Symptom	07	0	0	07
Others (illness other than the above)	29	5	0	34
Total Deaths due to illness	126	10	0	136

126 males and 10 females (Total:136) died due to natural reasons in the prisons of West Bengal in the year 2021.The naturals deaths occur either in the prisons or in the hospitals where the prisoners are admitted by the prison authorities for medical treatment.

Breakup of Mode of Suicide in Prisons of West Bengal in 2021

Table No. 7
Mode of Committing Suicide	Male	Female	Trans-gender	Total
Hanging	10	0	0	10
Poisoning	0	0	0	0
Self-Inflicted Injury	0	0	0	0
Drug Overdose	0	0	0	0
Electrocution	0	0	0	0
Others	0	0	0	0
Total Suicide	10	0	0	10

10 suicidal deaths took place in the prisons of West Bengal in the year 2021. No female prisoner committed suicide in that year.11 female prisoners out of 157 died in prisons in the year 2021.

However, a prison riot took place in Dum Dum Central Correctional Home in the year 2021 during Covid-19 outbreak period in which undertrial prisoners participated in large numbers demanding their release and ransacked the entire jail. They also burnt a portion of the jail and assaulted prison personnel. The prisoners feared that they would be affected by the Covid-19 virus if they remained in jail where they had to remain in close proximity of each other. Police had to be called in to control the out-of-control prisoners and only a large contingent of police personnel could restore normalcy in the jail. The problem persisted for three days and subsided subsequently. Police had to resort to firing to control the rampaging crowd of prisoners some of whom also tried to flee away from the prison by attacking the main gate of the prison and scaling the boundary wall.

Action Taken on Deaths in Prisons of West Bengal In 2021

1. No. of Police Enquiry/Inquest Conducted u/s 174 CrPC- 157
2. No. of Post-Mortem conducted by the Doctors (as per NHRC guidelines)- 157
3. No. of Executive Magisterial Enquiry conducted u/s 176 CrPC- 157
4. No. of Judicial Magistrate Enquiry conducted u/s 176(1)(A) CrPC- 157
5. No. of Cases in which Videography conducted during Post-Mortem- 157
6. No. of Cases Reported to NHRC- 157
    
7. Final Cause of Death:
   1. Number of Natural Deaths- 141
   2. Number of Un-Natural Deaths- 12
   3. Number of deaths Pending for Final Opinion- 04
       
8. Compensation:
   1. Number of cases in which NHRC ordered for compensation- 00
   2. Number of cases in which Courts ordered for compensation- 00

Within the domain of mortality investigation and law enforcement, 157 cases underwent inquest inquiries and police examination pursuant to section 174 of the Criminal Procedure Code. Simultaneously, 157 post-mortems were conducted with great attention to detail by medical professionals who meticulously complied with the National Human Rights Commission's instructions.

Furthermore, 157 executive magisterial investigations were competently undertaken as directed by section 176 of the CrPC, while an equal number of judicial magistrate inquiries were completed under section 176(1)(A) of the CrPC. To ensure transparency and accountability, each post-mortem procedure in all 157 cases was recorded by videographer and these complete records were conveyed to the National Human Rights Commission.

As for the cause of death, it's interesting to see that natural causes were responsible for 141 cases, whereas there were 12 cases classified as unnatural deaths; however, four cases are still awaiting judgment. It's worth mentioning that there wasn't a single reported instance where either the NHRC or the courts awarded compensation in any of these cases.

National Figure of Annual Deaths in Prisons:

At the national level, the number of deaths in prisons is on the rise as obvious from the bar diagram given above. 1879 prisoners died in the prisons of India in the year 2021, as compared to 1642 prisoners in 2020, 1775 in 2019, 1845 in 2018, 1671 in 2017, 1655 in 2016, 1584 in 2015 and 1702 in 2014. Efforts should be made to control this rising trend in the number of deaths in prisons.

Measures Required To Reduce The Number Of Death In Prisons:

The number of deaths in prisons can be reduced by taking up the following measures:
Prisons face several challenges that impact mortality rates, which is why it is essential to address prison conditions. Overcrowding, poor sanitization, and inadequate ventilation can intensify health problems leading to worsening mortality rates. To promote better living conditions, one must develop infrastructure, provide adequate nutrition, hygiene, and ventilation, and decrease overcrowding in these prisons. This adjustment can facilitate a safer and more empathetic environment. For superior results in tackling inmate issues, policymakers and healthcare professionals must take the time to gather precise data on deaths and their causes.

This critical information can be utilized to implement changes within correctional facilities, ultimately leading to improved healthcare strategies and policy changes. Well-equipped ambulances with properly trained drivers are essential in all prisons to provide immediate medical assistance during sudden emergencies, ultimately decreasing the chances of fatality due to medical care being inaccessible.

Adequate levels of staffing are a crucial prerequisite for guaranteeing safety and ensuring the welfare of prisoners and personnel. Therefore, it's possible to enhance security measures, ensure more effective inmate monitoring, and increase access to medical aid by increasing the number of officers and staff in prisons while simultaneously filling existing positions. To minimize the possibility of violence and self-injury among inmates, it is crucial to establish a secure and respectful atmosphere inside prisons.

Therefore, preventing physical and mental abuse by both inmates and prison personnel is of paramount importance. Incarcerated individuals may experience improved mental health and reduced stress levels in prisons that provide entertainment options. This can lead to an overall healthier atmosphere within the facility.

For justice and fairness to prevail in the criminal justice system, it is crucial to ensure that individuals who cannot afford to pay fines are not incarcerated indefinitely due to their economic situation. Prisoners require social connections and emotional support to aid in rehabilitation, making meetings with their family members important. These meetings can be held in person or via video calls.

The incarcerated population necessitates unique healthcare, so it's crucial to offer top-notch medical services, such as substance abuse treatment and mental health care, to promote the wellbeing of inmates. Prison healthcare can be improved through better infrastructure, medical staffing, and increased capacity. Access to necessary drugs is vital for inmates' health and safety, and preventing shortages of life-saving medications is imperative.

Improving the prison environment by reducing incarceration periods and providing prison staff with comprehensive training in medical emergencies, suicide prevention, and mental health crises can greatly benefit those confined and even save lives. To ensure the effectiveness and humanity of reforms, it is important to establish mechanisms for independent oversight, encourage transparency and accountability, and collaborate with outside organizations.

Reducing the risk of recidivism can be achieved through a carefully designed system that involves vocational training, support services, and education to aid inmates in successfully reintegrating into society. Criminal behaviour can be properly addressed with community-based sentences and restorative justice practices, which tackle the underlying causes. This alternative to incarceration can still ensure public safety. Substance abuse issues can be effectively tackled with the establishment of de-addiction and rehabilitation centres within and outside prisons.

Mental Health Services:

Mental health services can significantly decrease self-harm and suicide rates in prison. Offering counselling, therapy, and psychiatric care are essential for inmates who struggle with mental health issues. Access to high-quality mental health services is crucial for improving their overall well-being. Support systems and interventions aimed at meeting the mental health needs of inmates are what comprise mental health services in prisons. These vital services comprise psychiatric care access, crisis intervention, therapy, and assessments.

The main objective of mental health services is to promote the well-being of inmates by mitigating mental health conditions. When these services are provided, correctional facilities create a rehabilitative and safer environment, which encourages successful reintegration into society post-release.

Healthcare Facilities:

Prison healthcare facilities are essential to ensuring the welfare of incarcerated persons. They offer necessary services such as medical evaluations, chronic and acute care treatments, emergency support, psychological assistance, and dental care. These facilities assume an important part in proactive medicine, ensuring frequent screenings for infections and conducting efficient control for any outbreaks. Granting medical access to inmates is not only correct but also a legal responsibility to secure human rights, as stated by global norms and local guidelines.

Providing appropriate medication management, discharge planning, and community-based healthcare provider referrals should be a priority for healthcare facilities in prisons to ensure a smooth re-entry into society for inmates. Addressing the healthcare needs of the incarcerated population not only improves their physical and mental wellbeing, but it also reduces the risk of recidivism and enhances public health outcomes. Therefore, comprehensive correctional facility healthcare services are crucial.

To ensure healthcare objectives are kept in focus, it is crucial for medical authorities in prisons to provide leadership and encourage collaboration between security and medical staff. Ensuring regular trials, allocating adequate resources for quality healthcare, and increasing budget allocations for the prison department are key components to achieving comprehensive prison reform. Additionally, providing legal aid services to incarcerated individuals is vital to this process.

Conclusion:
A death in prison affects adversely the reputation of both the prisons' administration and the government. Though all deaths in prisons cannot be prevented, any death occurring in the prison has profound impact on both inmates and prison staff leading to mental health challenges such as depression, stress and other conditions. After such tragic incidents both prison staff and inmates need ongoing support.

The support to the staff can be in the form of counselling, employee assistance programmes, or other measures such as providing time off to help cope with emotional impact, adjusting work duties and offering compassionate leave. The inmates who were residing in the vicinity of the deceased prisoner also need counselling and psychiatric help.

It is also imperative to spread awareness amongst the public that a majority of the prisoners will return back to the society after their release and hence if their illnesses, addictions and diseases are not effectively detected and cured then they will carry the same outside after their release and affect people living outside.

Investment in the correctional system is meagre at present in comparison to what is actually required to improve the infrastructural facilities in the prisons particularly healthcare, capacity building and increasing the number of doctors, paramedics, psychologists, counsellors, gynaecologists, and nurses in addition to setting up of de-addiction centres for dealing with drug addict prisoners. These steps will go a long way in decreasing mortality rate in the prisons. Reintegration of a healthier individual into the communities after release will positively impact the society as a whole instead of spreading negativity.

(Note: Prisons/Jails are called Correctional Homes in West Bengal.)

References:

1. University of Nottingham. (10 January 2023). Deaths in prison: Examining causes, responses, and prevention of deaths in prison worldwide.
2. Wang, L., & Sawyer, W. (8 June 2021). New data: State prisons are increasingly deadly places. June 8, 2021.
3. Clasen-Kelly, F. (27 April 2023). When a prison sentence becomes a death sentence. Attorney for Death in Prison Cases, Hale & Monico.
4. Kvaal, J. N. (12 September 2022). High mortality rates after release from prison.
5. United Nations, Office on Drugs and Crime. (2023). [World Drug Report].
6. Larney, S., et al. (2014). Opioid substitution therapy as a strategy to reduce deaths in prison: retrospective cohort study.
7. Russo, J. (2017). Caring for those in custody: Identifying high-priority needs to reduce mortality in correctional facilities.
8. Reports of Superintendents of all 60 Correctional Homes of West Bengal. (2021).
9. NCRB Report, 2014 to 2021.