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A STUDY ON CAUSES AND EFFECTS OF PRISON VIOLENCE WITH SPECIAL REFERENCE TO TAMILNADU
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A STUDY ON CAUSES AND EFFECTS OF PRISON VIOLENCE WITH
SPECIAL REFERENCE TO TAMILNADU
AUTHORED BY - S ASWATH
Register number:132002078
BBA.L.L.B (hons) 4th year
Saveetha school of law,
Saveetha Institute of Medical and
Technical Sciences (SIMATS),
CO AUTHOR - MS. M. MANONMANI,
Assistant Professor,
Saveetha school of law department of
criminal law,
Saveetha Institute Of Medical And
Technical Science (SIMATS)
Saveetha University, Chennai-600 077,
ABSTRACT:
Prisons are environments that are likely to contain a higher number
of socially excluded people. The basic reason for the existence of prisons in
society, which expresses the means of courts, is that it is necessary to
separate and isolate some people who have broken the law. The research method
followed is Empirical research. The info is collected through a questionnaire
and therefore the sample size is 200.The sources used are primary sources such
as questionnaires, surveys and secondary sources such as books and journals.
Convenience sampling method is adopted within the study to gather the info. The
samples were collected from public, friends and relations. The independent
variable used such as age, gender, occupation and education qualification. The
dependent variable The prisoners rights are being violated in Indian prisons,
The purpose of the criminals justice system in India is to protect not only the
rights of the victim but also the convicts prisoners and under trail, Ways in which
prisoners can be reformed, Common kinds of violence found in prison, Rate your
views on factor contributing to prison violence in India. (Violation of the
prisoners rights). The statistical tools used by the researcher are chi square
tests and frequency table, Independent sample test and Anova test. According to
the human rights law for the protection of the imprisoned person, imprisoned
person means a person who loses personal liberty as a result of his conviction
on any and imprisonments mean such a condition of an imprisoned person.
KEYWORDS:
Prison, Violence, Punishment, Criminal justice, Constitution,
Reforms, security.
INTRODUCTION:
The word prison is derived from the Latin term which is to seize.
According to the Oxford English Dictionary prison means a place duly effective
and equipped for the reception of persons who by legal process are committed to
it for safe custody while awaiting trial and punishment. Under the Government
of India Prisons Act, 1870 prison means anything or penitentiary including the
raising grounds and other grounds or structures engaged for the use of the
prison. According to the Encyclopaedia Britannica prison means an institution
used for the confinement of persons condemned for major crimes or felonies. “How
good is the prison but still no one will be willing to go to prison. To lose
their family, friends and most importantly their liberty is the worst thing. A
prison is a commodity that's defined as a place of accommodation which was used
for the individuals who have committed an offence and whose trial is pending
for having committed that offence. The prison and prisoners law in India are
one of the laws that was unnoticed and forgotten and it cannot get sufficient
significance as it should be for reforms in today's scenario. There's lack of
strong legislations for those people who are staying in the prisons who also
have the right to live with dignity and also entitled for basic respect like
other citizens getting in the country. There are numerous cases in which
prisoners have been subordinated to inhuman conditions or treatment and
deprived of basic requirements similar to proper food and proper sanitary
conditions. Prison should help in reforming humans rather than only punishing
them. Reforms only be brought in society when culprits get the right chance of
improvement. If a person commits crime that doesn't mean that person stops from
being a human being or becomes non- human he cannot be deprived of personal
liberty. In India there are three types of Prison such as Taluka, district and
central prison. The jails in these types are known as Sub jails, district jails
and central jails respectively. In general the infrastructure, security,
medical facilities, educational and recuperation facilities are better from sub
jail to central jail. And some other types of jails are women's jails, Borstal
school, open jails, and special jails. According to the human rights law for
the protection of the imprisoned person, imprisoned person means a person who
loses personal liberty as a result of his conviction on any offences, and
imprisonments mean such a condition of an imprisoned person. But the basic
dignity of an arrested person must be given proper respect. Recently in
TamilNadu Jayaraj – Bennix case where the
deaths of Jayaraj and his son Bennix while they were in police custody in June
2020. The incident sparked outrage and protests across Tamil Nadu and drew attention
to police brutality and custodial deaths in India. The father and son were
arrested for allegedly violating lockdown regulations. However, their deaths
while in police custody raised questions about excessive force and torture.
Several police officers were arrested and charged in connection with their
deaths, and the case received widespread media coverage and public scrutiny.
Protections of such class are mentioned in the universal protestation of mortal
rights as well as under Article 21 of the Indian constitution. It's need of the
hour that provisions of security of prisoners mentioned in jail manuals must be
followed rigorously and also well- equipped and trained prison staff should be
appointed to look for safety measures. Regular and timely examination from
judicial officers must be conducted. All the organs of police and
administration must combine together so that effective social rehabilitation of
convicts can be secured. The necessary of this is to find the causes and
effects of prison violence in India.
OBJECTIVES:
·
To know about the causes and
effect of prison violence,
·
To get a people's view on
whether a convicted person should get proper rights and respect.
·
To spread awareness about the
prisoners in Indian prisons
REVIEW OF LITERATURE:
·
Steiner
(2000) A Multilevel Social Control–Opportunity Framework for
Understanding Prison Violence. A framework for
understanding inmate violence is presented that incorporates the same types of
measures examined in alternate frameworks but that also has the ability to move
well beyond the “usual suspects.” This framework can also be applied to an
understanding of inmate-on-inmate and inmate-on-officer victimizations. Implications
for a Multilevel Social Control–Opportunity Theory of In-Prison Violence.
·
Wooldredge
(2001) Key findings from the
statistical models described in Chapter 5 are integrated to assess the
applicability of a multilevel social control–opportunity framework to
understanding inmate violence, inmate victimisation by violence, and officer
safety, and to introduce discussion of how these findings might be considered
for informing strategies to reduce these problems.
·
Lockwood
(2002) Issues in Prison Sexual Violence.Although exaggerated
claims have confused the issue , recent research indicates that sexual
harassment is a major punishment for some prisoners . While discussion of
prison sexual violence has focused on homosexual rape, a rare event, sexual
harassment, affecting far more men , has been a neglected topic . In
contemplating such decisions as sentencing and release from confinement, in
weighing the suffering of imprisonment in a particular case, the stress
associated with being the target of sexual aggressors should always be
considered.
·
Fludernik
(2003) The Prison as World—The World as Prison. Chapter 1 deals with two types of metaphors: those
that liken the prison to the (or a) world, seeing the prison as a microcosm,
and those that project an inverse scenario, in which the world is
metaphorically depicted as a prison. After pointing out how prison, as a
heterotopia (like hell) is conceived both as lying outside the world and as
sharing numerous structural features with it, Section 1.2 moves on to a
consideration of early modern similitudes in the ‘character’ literature of
Overbury, Dekker, Mynshul, and Fennor. An analysis of two city comedies, Eastward
Ho (1605) and The City Gallant (1614) illustrates how prisons were
perceived to mirror early modern society.
·
Steiner
and Wooldredge (2005) Informing Strategies for Preventing Prison
Violence. The humane approach to punishing
criminal offenders is to refrain from excessive punishments relative to their
harms inflicted on society. A challenge in deriving strategies for violence
prevention in prison, therefore, is that these strategies should not counter
the appropriate balance between control and “freedom” (privileges) for
individual prisoners.
·
Bowker
(2006) An Essay on Prison
Violence. The purpose of this brief essay is to set out my thoughts on the
nature of prison violence using a typological approach to categorize violent
phenomena in correctional institutions according to their controls,
participants, and goals. The essay is based on my reading of the scientific
literature on prison violence, my own observations of prison life (mainly in
the Washington State Penitentiary at Walla Walla), and my extended musings
about why prisons are so thoroughly permeated by violence.
·
Ruiz
(2007) The Prison Problem. The ultimate fate of prisoners became
an ever more pressing issue in October after the fall of Toledo and the ensuing
advance of Nationalist forces towards the capital. Even before news of the
fifth column appeared in the Republican press, antifascists were convinced that
recent military disasters could partly be attributed to the work of the
internal enemy.
·
Steiner
and Wooldredge (2008) In-Prison Violence, Non-Utilitarian
Considerations and Future Research.Aside from
the utilitarian arguments for reducing violence in prison, such efforts are
important because the existence of violence in prison is an affront to criminal
“justice” per se by nature of creating inequities in punishment across inmates
based on their odds of offending or being victimized. To demonstrate the
salience of a moral argument favouring violence prevention in prison, we return
to the civil cases cited in Chapter 1 involving suits brought by prisoners
against their keepers for failing to protect them from the violence of other
inmates Prison Violence. This entry presents an overview of prison violence and
how issues such as overcrowding and scarcity of resources may contribute.
·
Levan (2009)
Exploring both collective and interpersonal levels of violence, issues such as
incidents between inmates and those between inmates and staff are examined.
This entry looks at the issues facing males, females, juveniles, and the
mentally ill as they contend with correctional institutions and violence within
these institutions. Governing Prisons.
·
DiIulio
(2010) A comparative study of
correctional management that illustrates how the introduction of internal
governing systems in prisons can encourage civilized behavior, provide order,
and enforce punishment.Challenging the accepted notions about prisons, Governing
Prisons argues for the necessity of ensuring these facilities are made
safely humane. The Oxford Handbook of Prisons and Imprisonment.
METHODOLOGY:
Empirical Research is used for the purpose of the study. The
methodology used by the researcher is a simple random sampling method to
collect samples. The sources used are primary sources such as questionnaires,
surveys and secondary sources such as books and journals. The total sample size
collected through questions is 200. The independent variable used such as age,
gender, occupation and education qualification. The dependent variable The
prisoners rights are being violated in Indian prisons, The purpose of the
criminals justice system in India is to protect not only the rights of the
victim but also the convicts prisoners and under trail, Ways in which prisoners
can be reformed, Common kinds of violence found in prison, Rate your views on
factor contributing to prison violence in India. (Violation of the prisoners
rights). The statistical tools used by the researcher are chi square tests and
frequency table, Independent sample test and Anova test.
ANALYSIS:
TABLE 1
LEGEND:
Table 1 shows that Age and The prisoners' rights are being violated
in Indian prisons.
NULL HYPOTHESIS:
There is no significant relation between Age and The prisoners'
rights are being violated in Indian prisons.
ALTERNATIVE HYPOTHESIS:
There is a significant relation between Age and The prisoners'
rights are being violated in Indian prisons.
Here the P value is lesser than 0.05 i.e. .000. So the null
hypothesis is rejected and the alternative hypothesis is accepted.
TABLE 2
LEGEND:
Table 2 shows that Gender and The purpose of the criminal justice
system in India is to protect only the rights of the victims but also the
convicts, prisoners and under trial.
NULL HYPOTHESIS:
There is no significant relation between Gender and The purpose of
the criminal justice system in India is to protect only the rights of the
victims but also the convicts, prisoners and under trial.
ALTERNATIVE HYPOTHESIS:
There is a significant relation between Gender and The purpose of
the criminal justice system in India is to protect only the rights of the
victims but also the convicts, prisoners and under trial.
Here the P value is lesser than 0.05 i.e. .000. So the null
hypothesis is rejected and the alternative hypothesis is accepted.
TABLE 3
LEGEND:
Table 3 shows that Occupation and Ways in which prisoner can be
reformed
NULL HYPOTHESIS:
There is no significant relation between Occupation and Ways in
which prisoner can be reformed
ALTERNATIVE HYPOTHESIS:
There is a significant relation between Occupation and Ways in which
prisoner can be reformed
Here the P value is lesser than 0.05 i.e. .000. So the null
hypothesis is rejected and the alternative hypothesis is accepted.
TABLE 4
LEGEND:
Table 4 shows that Educational qualifications and Common kinds of violence
found in prison
NULL HYPOTHESIS:
There is no significant relation between Educational qualifications
and Common kinds of violence found in prison
ALTERNATIVE HYPOTHESIS:
There is a significant relation between Educational qualifications
and Common kinds of violence found in prison
Here the P value is lesser than 0.05 i.e. .000. So the null
hypothesis is rejected and the alternative hypothesis is accepted.
RESULT:
Table 1 shows that Age and The
prisoners' rights are being violated in Indian prisons. Null hypothesis There
is no significant relation between Age and The prisoners' rights are being
violated in Indian prisons. Alternative hypothesis There is a significant relation
between Age and The prisoners' rights are being violated in Indian prisons. Table
2 shows that Gender and The purpose of the criminal justice system in India
is to protect only the rights of the victims but also the convicts, prisoners
and under trial. Null hypothesis There is no significant relation between
Gender and The purpose of the criminal justice system in India is to protect
only the rights of the victims but also the convicts, prisoners and under
trial. Alternative hypothesis There is a significant relation between Gender
and The purpose of the criminal justice system in India is to protect only the
rights of the victims but also the convicts, prisoners and under trial. Table
3 shows that Occupation and Ways in which prisoner can be reformed. Null
hypothesis There is no significant relation between Occupation and Ways in
which prisoner can be reformed. Alternative hypothesis There is a significant
relation between Occupation and Ways in which prisoner can be reformed. Table
4 shows that Educational qualifications and Common kinds of violence found
in prison. Null hypothesis There is no significant relation between Educational
qualifications and Common kinds of violence found in prison. Alternative
hypothesis There is a significant relation between Educational qualifications
and Common kinds of violence found in prison.
DISCUSSION
Table 1 shows that Age and The
prisoners' rights are being violated in Indian prisons. Null hypothesis There
is no significant relation between Age and The prisoners' rights are being
violated in Indian prisons. Alternative hypothesis There is a significant
relation between Age and The prisoners' rights are being violated in Indian
prisons. Here the P value is lesser than 0.05 i.e. .000. So the null hypothesis
is rejected and the alternative hypothesis is accepted. Table 2 shows
that Gender and The purpose of the criminal justice system in India is to
protect only the rights of the victims but also the convicts, prisoners and
under trial. Null hypothesis There is no significant relation between Gender
and The purpose of the criminal justice system in India is to protect only the
rights of the victims but also the convicts, prisoners and under trial.
Alternative hypothesis There is a significant relation between Gender and The
purpose of the criminal justice system in India is to protect only the rights
of the victims but also the convicts, prisoners and under trial. Here the P
value is lesser than 0.05 i.e. .000. So the null hypothesis is rejected and the
alternative hypothesis is accepted. Table 3 shows that Occupation and
Ways in which prisoner can be reformed. Null hypothesis There is no significant
relation between Occupation and Ways in which prisoner can be reformed.
Alternative hypothesis There is a significant relation between Occupation and
Ways in which prisoner can be reformed. Here the P value is lesser than 0.05
i.e. .000. So the null hypothesis is rejected and the alternative hypothesis is
accepted. Table 4 shows that Educational qualifications and Common kinds
of violence found in prison. Null hypothesis There is no significant relation
between Educational qualifications and Common kinds of violence found in
prison. Alternative hypothesis There is a significant relation between
Educational qualifications and Common kinds of violence found in prison. Here
the P value is lesser than 0.05 i.e. .000. So the null hypothesis is rejected
and the alternative hypothesis is accepted.
HYPOTHESIS:
Null Hypothesis(H0):
There is no significant relation between Occupation and Ways in
which prisoner can be reformed.
Alternative Hypothesis(H1):
There is a significant relation between Occupation and Ways in which
prisoner can be reformed.
LIMITATION:
One of the major limitations of the study
in the sample frame. There is a major constraint in the convenient sampling
method, the survey was conducted through questionnaires by google form to
collect responses from the people. Another limitation is the size of 200 which
cannot be used to assume the thinking of the entire in a particular country,
state, or city. The physical factors have a larger impact, thus, limiting the
study.
SUGGESTION:
Improving prison condition by making available proper food,
clothing, sanitation etc. The focus must be on human rights of prisoners
besides improving their amenities. Undertrial in jails to be reduced to bare
minimum and they be kept away from convicts. The prison staff to be properly
trained and organized. The focus must be on Rehabilitation and reforming of
offender. The Government should make an effort to provide adequate financial
resources. To improve Staffing and Training, Enhance Prison Conditions, Strengthen
Security Measures, Promote Rehabilitation Programs.
CONCLUSION:
According to the human rights law for the protection of the
imprisoned person, imprisoned person means a person who loses personal liberty
as a result of his conviction on any offences, and imprisonments mean such a
condition of an imprisoned person. Prison violence can have severe
consequences, including physical harm, psychological trauma, and even loss of
life for both inmates and staff members. It undermines the principles of rehabilitation
and the potential for successful reintegration into society, perpetuating a
cycle of violence and recidivism. Addressing prison violence requires a
comprehensive and multi-dimensional approach. It involves improving prison
conditions, such as reducing overcrowding and ensuring appropriate
staff-to-inmate ratios. Implementing effective security measures, including
proper screening protocols and increased surveillance, can help prevent the
entry of contraband and reduce the risk of violent incidents. Addressing prison
violence requires a comprehensive and multi-dimensional approach. It involves
improving prison conditions, such as reducing overcrowding and ensuring
appropriate staff-to-inmate ratios.
REFERENCE:
Bowker, Lee H. 1983. “An Essay on Prison Violence.” The Prison
Journal. https://doi.org/10.1177/003288558306300103.
Byrne, James M., and Don Hummer. 2007. “Myths and Realities of
Prison Violence: A Review of the Evidence.” Victims & Offenders.
https://doi.org/10.1080/15564880601087241.
Fludernik, Monika. 2019. “The Prison as World—The World as Prison.”
Metaphors of Confinement. https://doi.org/10.1093/oso/9780198840909.003.0001.
Levan, Kristine. 2014. “Prison Violence.” Encyclopedia of Social
Work. https://doi.org/10.1093/acrefore/9780199975839.013.1134.
Lockwood, Daniel. 1983. “Issues in Prison Sexual Violence.” The
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“Prison Violence and Prison Gangs.” 2008. Encyclopedia of
Interpersonal Violence. https://doi.org/10.4135/9781412963923.n366.
Ruiz, Julius. n.d. “The Prison Problem.” The “Red Terror” and the
Spanish Civil War. https://doi.org/10.1017/cbo9781107294349.011.
Schenk, Allison M., and William J. Fremouw. 2012. “Individual
Characteristics Related to Prison Violence: A Critical Review of the
Literature.” Aggression and Violent Behavior. https://doi.org/10.1016/j.avb.2012.05.005.
Steiner, Benjamin, and John Wooldredge. 2019a. “A Multilevel Social
Control–Opportunity Framework for Understanding Prison Violence.” Understanding
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Toch, Hans, and Terry A. Kupers. 2007. “Violence in Prisons,
Revisited.” Journal of Offender Rehabilitation. https://doi.org/10.1300/j076v45n03_01.
Article Information
A STUDY ON CAUSES AND EFFECTS OF PRISON VIOLENCE WITH SPECIAL REFERENCE TO TAMILNADU
Authors: S ASWATH, MS. M. MANONMANI
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/03/15
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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