Imprisonment And Its Management?

Imprisonment as a form of punishment has developed over time. In India and around the world, prisons are seen as places for criminal reform rather than punishment. The Supreme Court supports a "therapeutic approach... as an effective method of punishment".
MHA advisories on prison management emphasise the importance of creating a good environment for convicts and providing possibilities for self-reform.

Prison management is a State Subject under List II, Schedule VII of the Indian Constitution. Prisons in various states/union territories, have multiple tiers of jails, including central, district, sub, women's, borstal, open, and special jails. The jail population has grown significantly in recent decades, posing issues in security, health, and hygiene, as well as congestion. To maintain suitable circumstances for women in jails, which were originally meant for male detainees, additional measures must be implemented. Female convicts often encounter unmet needs. gender-specific needs in prison infrastructure and administrative procedure

The motive of this article is to highlight the problems and challenges faced by women's inside the jails and how the hygiene affects their health which even led them to commit different attempts according to the data and research NCRB data 2015 shows that over 3 lakhs women arrested in different crime which is the alarming situation, it should be address enormously.

Women inmates are often overlooked and have their rights abused in prison. This essay aims to raise awareness to the plight of female prisoners nationwide. Initially, prisons were created for male criminals without considering gender-specific demands. However, as the number of female convicts has increased, they are now accommodated in distinct facilities. barrack where their requirements have not been met, and they are facing a number of challenges related to Infrastructure, personnel, development programmes, health, sanitation, and hygiene. Despite having fewer female prisoners than males, prison administrators and policymakers may overlook their needs and challenges.

The motive of this article is to highlight the problems and challenges faced by women's inside the jails and how the hygiene affects their health which even led them to commit different attempts according to the data and research NCRB data 2015 shows that over 3 lakhs women arrested in different crime which is the alarming situation, it should be address enormously.

Provisions for Protecting Women Prisoners

• Article 14 of the Indian Constitution provides equality before the law.
• Article 21 ensures the right to life and personal liberty, including the right to be treated with dignity while in detention.
• Section 27 of the Prison Act of 1894 requires female convicts to have separate accommodations.
• Model Prison Manual (2016): This guidebook contains specific instructions for the treatment of female convicts, including provisions for healthcare, cleanliness, food, vocational training, and protection from violence.
• Supreme Court guidelines: The Supreme Court has issued many rules to preserve the rights of women in jail, including the landmark case of Sheela Bares vs. State of Maharashtra (1983).

Rights of Women Prisoners under the Prisoner's Act, 1894

The Act of 1894 was the first legislation in India to regulate prisons, focusing on the reformation of prisoners and their rights. Sections of this Act specifically address the rights of women prisoners in India, as follows:

• Section 4: This section requires the separation of female and male prisoners. Female convicts must be held in separate enclosures from male detainees.
• Clause 23: This clause mandates the provision of separate lodgings and facilities for female convicts. Female convicts must have separate lodging, bathing, and toilet facilities, and are not exposed to indignity or harassment.
• Section 24: This section specifies the procedures for medical examinations of female convicts. The law requires female medical officers to assess female detainees, and female nurses or attendants to administer medical care.
• Section 27: This clause addresses the treatment of pregnant female convicts. Pregnant female convicts require special accommodations, medical attention, and adequate food and clothing.
• Section 30: This section governs the employment of female convicts. Female convicts are protected against unsuitable or risky employment, as well as night shifts.

Rights of Women Prisoners under the Code of Criminal Procedure (CrPC), 1973

• Section 50: Prohibits arresting women after sunset or before daybreak, except in extreme circumstances and by female police officers or public servants.
• Section 54: Requires a qualified medical practitioner to examine all arrested individuals, including women, within 24 hours of their arrest.
• Section 55A: Women convicts with children under the age of six can be released on bail if the court determines it will not harm the child's welfare.
• Section 57: Compels all arrested individuals, including women, to appear before a magistrate within 24 hours of arrest.
• Section 59: Requires women inmates to be held in separate cells or wards from male detainees during arrest and detention.
• Section 167: Allows for a maximum term of incarceration for undertrial convicts, including women.
• Section 436A: Permits the release of undertrial women inmates who have served half of their maximum sentence for the charges they face, subject to specific circumstances.

Traditionally, Indian women's roles were limited to the four walls of the home. They serve as the cornerstone for both the family and society. She gives life, nurtures it, protects and strengthens it. As a result of the recent wave of social change, they have entered the workforce and are actively engaging. Women participate in economic endeavours, political campaigns, and other aspects of social life with males. They are more self-reliant and have established their own personality.

However, the changing scenario has led to undesirable effects. Women face increased stress in their personal and social lives as a result of this process. In India, women are homemakers. Her strained family relationships disrupt harmony, leading to disorganization. marital strife, stress, and deviant behaviour. In addition, widespread poverty, illiteracy, gender bias, and many other similar reasons encourage individuals to engage in criminal activity.

Issues Affecting Physical And Mental Safety Of Female Inmates

Female criminals are often underserved in regular jails, with fewer resources than male convicts. Women in Indian jails have major health risks due to inequities in infrastructure. There is a scarcity of female medical officers, particularly gynaecologists and psychologists (Committee on Empowerment of Women 2018, Citizens for Justice and Peace (2019). Inadequate training and sensitisation of prison and police officers to cope with gender-specific issues is also a concern.

Corruption, Torture and harassment, especially sexual harassment, are common among both jail staff and male inmates. The 2017 Byculla jail riots highlighted the widespread use of violence in Indian prisons. This raises the prospect that prison deaths attributed to suicide or medical conditions may actually result from correctional assault. The archaic legislation governing jail administration allows for terrible levels of abuse in Indian prisons.

The Prison Act of 1894 outlines punishments for prison infractions, including giving substandard food and physical activities like whipping, to maintain discipline in jails. In contrast, prison workers who violate regulations face fines as low as INR 200. Even for serious crimes, they cannot be imprisoned for longer than three months. Many cases of abuse and harassment by officials go unreported by convicts. The News Minute (2017) documented cases of recording women convicts without their consent.

Unsatisfactory living circumstances
To enhance imprisonment circumstances, it is no longer necessary to make prison life easier; rather, it must be made more humane and realistic. Overcrowding is a serious issue that has a significant impact on the prisoners' plight. According to a document created with the assistance of India today, inmates at the Tiruchirappalli women's prison in Tamil Nadu must use dust to clean their toilets because there is no water. From 2005 to 2010, Murugeswari, an undertrial in Tamil Nadu prison, wrote that "water became so scarce that they had to choose between washing themselves and their clothes."

Physical Mistreatment
Physical mistreatment of prisoners is a problem for prison officials, which prison administrations have repeatedly proven incapable of controlling, generally due to weak infrastructure and a negative prisoner legitimacy ratio. The rehabilitation of criminals is a key duty of the jail system, as recognised by 10 Indian courts on many occasions. A jail is today seen as more of a correctional facility than a detention one.

Lack of legal support
The constitution mandates the felony rights of the destitute undertrials. The ideal court has decided that free jail resources be made available to anyone from the moment they are arrested. However, prison aid is best provided during the trial, and in most cases, only for the sake of name. Similarly, under the Legal Aid Services Authorities Act of 1987, felony resource boards were established at both the national and provincial levels to provide free criminal assistance to the poor and needy. However, these forums have shown to be particularly ineffective in dealing with a growing number of diverse situations.

Because to the accused/victim's lack of awareness, as well as the lack of effort and coordination among the police and the legal aid government, there are large gaps between what the regulation demands to the accused and what they undoubtedly receive.

Conclusion:
According to the comments above, women are more vulnerable under the country's present criminal justice system, both as Under Trial Prisoners (UTPs) and as convicts. It is also clear how gender contributes to the bad treatment of criminals in general. A compelling case can be made for taking into account the socioeconomic circumstances of women in dispute with the law before making a decision about their fate. Gender-neutral treatment of criminals may disadvantage some female convicts. Furthermore, it is vital to note that women experience higher degrees of post-release stigma than men. The burden for ensuring their reintegration into society stays with the state.

"Kill The Crimes, Don't Kill Humanity"