Open Access Research Article
MOTHERHOOD IN PRISON: IMPROVING LIFE OF FEMALE INMATES IN INDIA
Published Paper
Article Details
MOTHERHOOD
IN PRISON: IMPROVING LIFE OF FEMALE INMATES IN INDIA
AUTHORED BY
- AMAR SINGH NATHAWAT
ABSTRACT
In India the growth of women prisoners is now growing steadily.
There are numerous issues that effect the women in prison, mostly those who are
going under-trials. The very purpose of the prisons of reformation is not
effective. And therefore addressing and recognizing rights and ensuring the
same to the women prisoners, along with issues of women in prison is a need of
an hour. Even when today we have rules relating to prisoners regarding their
welfare, treatment this doesn’t really get into the proper practice. For
instance there are number of children of female inmates who have not been
provided with the proper health & recreational services. And therefore this
paper is an attempt to understand all these issues and come up collectively
with much possible solution and step that can been taken to resolve the same,
to come up with desirable and appropriate changes in the services that has to
be made for them.
Keywords: Prison System, Women Prisoners,
Correctional Facility, Custodial Facility, Child Care, Prison Reforms.
INTRODUCTION:
‘Because all that
matters to her is the world around their children.’
- Amar Singh Nathawat[1]
Over the centuries the very method of
punishment in the form of imprisonment has evolved. Not just in India but also
in most of the world today prisons work as reformative centers for the
criminals and not just a center for a means of punishment. And that is why
Supreme Court of India mentioned that - “Therapeutic approach… as an
effective method of punishment”.[2]
And following the same Ministry of Home Affairs therefore has focused
upon the need of positive approach in the prisons systems of the nation, in
order to have the positive impact and opportunities so that the inmates can
reform themselves.[3] Prisons
for the individual those who break the law for them it works as a Correctional
Facility, their purpose is the reformation in those offenders. The
very prison and it’s administration comes under the ‘List II’ and the
‘Schedule VII’ of ‘Constitution of
India’ where it is a ‘state subject’. And in spite of knowing
this the very presence systems mostly involved in hiding such type of violence
which happened behind closed doors which affects the very reform of such
offenders. And this very problem takes a one step ahead when it comes to
women inmates. The reports of prison statistics of India shows a non
stopping trend in the growth of female population who are being incarcerated.
And search women inmates also involves the inmates who are being mother and
that's why on the other hand there has been increase of the number of children
who accompany the mothers during their incarcerated period. And here
is where the problem lies, our very prison systems are not equipped with the
facilities in order to provide with proper care and the needs of the children
specially for such children who are or fall within the age bracket of below 6
years. The very problem is because there is a very possibility that's when
these children grow they could face the social constraints and can also has the
high risk of getting involved in different types of crime or abuse and can
became deviant. And following the same Ministry of Home Affairs
therefore has focused upon the need of positive approach in the prisons systems
of the nation, in order to have the positive impact and opportunities so that
the inmates can reform themselves.
India has been in it's
transformational stage when it comes to correctional system that exist in India
which in one or the other way has been influenced by the various committees, policies,
agencies of not just the national but also of the international level. Though
it has been the scenario that as compared to men women prisoners together
have a less percentage in the Indian Prisons. Study that has been
conducted, reveals the data showing the trends related to women imprisonment by
the Ministry of Women and Child Development in the year 2016 shows the
statistics, that as in the year 2000 the percentage of women in prison
was 3.3% which in the year 2015 has reached to 4.3%. Out
of many reasons the reason because of which most of the women are in the
prisons is because of the changes in the social life and also the familial
pattern. Though this is not available in context to the women prisoners in
India. But the present statistics which has been there mentions that the women
convicts who are being under trial majorly constitute the crime of murder
that is 37% which has been followed by the dowry death which constitute
nearby 15% (Ministry of Women & Child Development , June2018).
There is not much statistics has been available regarding the proper
demarcation as to what type of crime has been conducted by the women who are
being in prison but it has been observed mostly the women who are
incarcerated because of the crime of for the killing of her husband or also the
murder of the relatives of her husband because of the reasons like cruelty by
the husband or the relatives of husband (Ministry of Women & Child
Development, June 2018). The following above mentioned are the leading
areas because of which the women go behind the bars.
NATIONAL & INTERNATIONAL GUIDELINES/LEGISLATIONS:
AN ANALYSIS
“Much more remains
to be done to identify and address the pathways to women’s incarceration; to
establish better, safer and more gender-sensitive conditions for women
prisoners; to ameliorate the negative consequences of women’s imprisonment”
It has been stated by the
Special Rapporteur Ms Rashida Manjoo in the report on the Violence
Against Women titled –“Women & Detention”, 2014 by the ‘United
Nations High Commissioner Office’. Till now it has been 6 years since this
report was published but still at present the scenario is same as it was 6
years ago, if not worsen. Though India has it’s own set of legislation’s but
still with regards to prisoners plight it has been discussed in and been dealt
in various Covenants, Declaration,
Conventions and also the Guidelines of other various Organisations of
International Level to name the few one like ‘UN Standard Minimum Rules for
the Treatment of Prisoners’ (Nelson Mandela Rules) along with ‘United
Nations Rules for the Treatment of Women Prisoners and Non–Custodial Measures
for Women Offenders’ (the Bangkok Rules) and more like these. As it has
been mentioned above the prisons systems that has been designed are designed in
way considering majority male population.
And considering this very fact the organizations of international level
like United Nations, have worked non-stop towards the women prisoners
right.
In one of the report of
the Quaker United Nations Office, it has come into noticed that “Because
of the very kind of stigma that is being faced by the Women of India when she
gets raped and because of this it has been majority seen that the victim is not
going to show herself up in the court in order to testify against the rapist.
Similarly the Women is not going to show up when she gets imprisoned to testify
for trial.” And not just this but it is being seen, according to
various data available that mostly 70% women are such who are not even
convicts and are under-trial women’s. And this very scenario goes simply against
the Nelson Mandela Rules which has been discussed above which implies that
the under-trial prisoners should be kept differently and not with the one who
has been convicted. Also the Nelson Mandela Rules provides for the
mandatory providing of the medical facility and services for the prisoners whenever needed.
Which most of the time has been noticed to be absent because of numerous number
of complaints by the prisoners and because of the health issues they faces
behind the bars.
The Prisons Act, 1894
In India the Prisons
Act, 1894 is the one such important legislation which is there to deal with
the prison systems. This act came before the India got independence and it has
been made by the Britishers to give prisons cell under there subjugation of
them but from then to now this act has hardly gone through any such
changes.
The Prisons Act, 1894
has not been updated with time such as it failed to cope up with the legal
and technological developments in the country. Though there are various
government reports where the importance has been highlighted of the CCTV
Surveillance but the same has not been even considered to add it in
act as a provision. But most importantly what act has failed into
miserably is to provide or have the specific provisions related to the very specific
needs of the female inmates such as for the pregnant women inmates, and the
children who are accompanying them to the the prisons for them too, and
regarding the need of sanitary for female prisoners. And yes off course there is complete absence
of any steps or programs with context to the reformation of these prisoners.
And various other recommendations that has been made under the international
conventions should be tried to adopt them into the Prisons Act,1894 with the
amendment in it. Also the Prison Manuals which has been recommended from
time to time can be adopted under the act, so that whether it he or she
at least both such prisoners can complete their sentence in a prison in
conditions which are livable.
1. BASIC
RIGHT’S & NEEDS OF WOMEN
According to the Prison
Statistics of 2018[4]
in India shows that the total number of prisoners which were 4,66,084
which includes both convicts and the under trials. Out of these 4,46,842
prisoners were the male whereas 19,242 prisoners were
female. Though the Indian prison system do not discriminate between the
male or female prisoner but because the structure of a society is such and
because of the prevalence of various ideologies such as patriarchy there
is a general kind of discrimination being faced by the women; because of their
gender and because of this, the Prison System of India quite results in exceptionally
rough treatment for these women inmates.[5] It
has been highlighted by the World Health Organization that most of the
women prisoners who end up in the prison are usually those who were already
facing some or the other type of difficulties in life prior to the prison. It
highlight the very issue that there is no homogeneous segment of society in the
prison as the prison mostly consist of the people who belongs to the marginal
section of society the one who are not that much educated and also belong from
disadvantage socio-economic group.[6] It
is not just about discrimination but when this discrimination is been coupled
with the differences that has been there between the female inmates
and Jail authorities, It is then when it leaves to the
challenges which now just not remained related to discrimination but also it range
from the very basic amenities like lack of sanitation, torture, death
and improper medical facility. The issues related to the very
hygiene like ‘sanitary napkin’, ‘unhygienic jails’, ‘sanitation’
& ‘food related issues’ are considered to be very major issues along
with the physical and sexual abuse, And also no proper facilities or
amenities related to children of search women inmates.
Though in the year 2016
there was constitution of National Model Prison Manual which laid
down certain guidelines in order to raise the bar of living condition
of women inmates in the prison, but it hardly seems to be implemented in
reality. And not just this but also the Constitution of India provides
with the basic fundamental rights like that of Right to Life[7]
to every person and also on various occasion the Indian court’s have come up
with the implementation regarding the basic rights of the prisoner’s. Indian
court’s have issued the guidelines in relation to the proper welfare of
women along with the children who lives in the prison[8],
and also by mentioning that the right to life just don't get flown away as the
individual enters into the prison premises though it can be affected by the
incarceration[9]. And
just because someone get convicted that doesn't mean all the fundamental rights
have been denuded which such person otherwise possesses[10].
Hence we do know that there are various number of judgments and the policies in
relation to the welfare of the women prisoners but still such female inmates
faces the challenges and such challenges are not just due to because of the
week laws but rather because of the very weak implementation of such
strong laws.
2. CONDITION
OF PRISONS FOR WOMEN IN INDIA
It is said that no one truly knows a nation until one has been
inside its jails. A nation should not be judged by how it treats its
highest citizens, but its lowest ones.”? Nelson
Mandela
In a society where we
live in, where women are being considered as a second class citizen,
it would not be hard to find that the prison system of India it's just a
reflection of it. The need of separate prison cell for the women inmates has
already been recognize by the Ministry of Home Affairs for each state of
the India[11]. But in
reality the picture is different as there are only 15 states out of which
only 8 states have a single separate dedicated women prison[12]. At
the very national level the women jails have the occupancy off around 58%
but in reality 83.1% of all the female incarcerated women are being imprisoned
in different types of jails. And in the states like West Bengal and
Maharashtra the occupancy rates of women has been 159% and 142% respectively. The debate regarding
the separate need of the ‘custodial facilities’ for women and men has
been into the limelight since 1988, but it is hardly been seen that there is
any such recommendation, as still in most of the states the women prisoners are
residing in the same male prisoners complex. Another problem is of course
the separation between the undertrial prisoner from that of the convicts
the importance of which has already been internationally and also nationally
been seen, but the action for the same couldn’t put forward because of the space
constraints.
Overcrowding
Overcrowding has become
one of the major issues today with the Indian prison system; the reason for the
same is not hard to find because it is the result of the ‘inordinate delay
in trials’. The most of the women under-trials in the prisons are there
because of their inability to pay the procedural find that has been imposed on
them by the courts. It has been stated by the National Police Commission
that more or less around 60% of all arrest that is being made with
regards to women prisoners are mostly unjustified. And because of this
the expenditure of jails has been accounted for 43.20% because of this
unnecessary overcrowding of jails[13].
‘Section 436’ of the ‘Code of Criminal Procedure’ provides for
the direction in order for the release of eligible undertrial prisoner[14]. The
Prison Manuals not just national but also a state level has already laid
down few basic rules, but it has hardly been seen that these rules have been
put in practice. As other than the overcrowding the next major issue is the ‘abuse
of women prisoners’ both ‘physically’ and ‘psychologically’. Though there
is no such particular data available there as per how many death of women
inmates been there but in 2018 a total of 46 death have been reported
because of HIV. Mental illness is
also one of the other issue which have been majorly be neglected due to lack of
facilities[15][16].
3. CONDITIONS
OF WOMEN IN PRISONS
“Prison is a
second-by-second assault on the soul, a day-to-day degradation of the self, an
oppressive steel and brick umbrella that transforms seconds into hours and
hours into days.”
? Mumia Abu-Jamal
From the very beginning the concept of prison has always been put
forward with keeping in mind the design, architecture, training and has
developed itself keeping men as the focal point for all programs in a
prison[17]. If
we notice properly back to the history we would find that, the men for any
offenses were being sent to the prison but women on the other side were sent only
for the moral turpitude as a punishment for crime like for the act of ‘prostitution’
or ‘adultery’. But now the time has passed society has progressed;
around us the violent crimes that has been committed by women has also increased
and do the number has increased our prison system has still not evolved
and thus remains the same as it was before and because of this the women prisoners
are kept in a prison system which are essentially designed for men[18]. According
to the reports that has been mentioned by the National Crime Records Bureau
in 2018 states that as per the total population of the prisoners, the female
prisoner’s amount to 4.1%[19], and it is clear
indicator in stating the fact that the community of female prisoners are in minority
under the prison population. And in the general scenario it has been observed
that the women who are sent behind the bars their character has been judged by
the society for not upholding to dignity and values of being a woman. Apart
from this kind of discrimination the other thing which the women prisoners face
is the gender specific health related issues as stated earlier our
Prison System ‘lacks in proper healthcare facility’ and the proper
institutional build up for the care of those children mother of whom have been incarcerated[20]. The
Ministry of Women and Child Development[21] in its report stated
that though there is the prison manual in order to ensure few expect like the ‘bathing
area’, the ‘toilet’ and such other things but in reality it has been much
different[22]. And also it has been
stated that the issue of health and hygiene have been increased because
of the availability of water in the presence because of which the prisoner are
not even able to bath for months and months[23].
It has also come into the notice that among most of the female
prisoner, the female are majority off group age 18 to 50 years, and
considering this fact there's at most need of the hygiene products related to
female business NS these business should be provided with all such products the
same was found to be missing[24]. In
our society the motherhood has always been kept on the high pedestal it
has been always represented by the saintly obligation as it insures the very
idea and the institution of family. But knowing this very fact and the belief,
still to the very large context the community of ours put the blindfold on their
eyes towards such pregnant women who are
in the jails. When women are in their pregnancy it is most important that they
should get the proper nutrition and the special diet must be there for such
pregnant women And the same was found missing in our Indian prisons. Also
there's no such facilities or the medical professional in order to take care
with the reproductive needs of such pregnant women. And while we are dealing
with the issues of pregnant women the another issue that comes into the picture
is of the children of those mothers who Have been incarcerated. For every child
below the age of 6 years please very important of them to be With their mothers
because such ears are considered the very formative years of childhood.
By the international organizations the importance of proper
environment for the bringing up of the child has always been put emphasize by
the several conventions like United Nations Convention on the Rights of the Child[25]. There is no
doubt in stating the fact that putting the children along with their mothers in
the prisons have a long term impact on the psyche of children[26]. We
have several guidelines like that of National Model Prison Manual but
still the condition of a prisons have been the same as it was before and thus because
of this the children of the pregnant women who are being incarcerated are
becoming secondary victim along with their mothers[27].
4. MOTHERHOOD
IN PRISONS OF INDIA: IMPACT OF MOTHER’S INCARCERATION ON
CHILDREN
In the entire universe
the most difficult phenomenon is motherhood, motherhood is being considered as
a primal task to bring new life on earth and mostly it is been seen that the
society do not take any cognizance towards this biological and emotional
phenomenon, and the general attitude of the society towards the woman is not
what it has to be, even if we consider this very progressive modern era. And
this very attitude of the society is the reason that today the issue related to
the maternity of female inmates seems to general society as not of much importance
and also not considered by the them (society) to be worthy enough of attention. According to the data of the National
Crime Record Bureau it states that in the Indian prisons the total number
of women in total are 17,834 and it also states that about 1,817
children live with their incarcerated mothers in the prison itself. And the
statistics of the same data also shows that the Indian prisons lacks in the the
medical staff. The staff that has been sanctioned for the medical purposes
including both men and women are 2,993 out of which only 1,866
seems to be present. The same report of NCRB shows that the 51
female inmates has died in their imprisonment out of which 3 were suicide and
the rest were natural deaths.
From the above data it
seems that the condition of the women inmates are quite dreadful. Most of the
time it happens because the general picture in the society of prison is not of
reformative place but the place of punishment and that is why the incarceration
from the long time has been marked constantly with the disgust, with suspicion,
being punished and derision. Something that makes the parent-hood kind
of area with lots of criticism and that to specially for mothers. The society
look towards them irresponsible caregivers and compare them to the other
abusive and neglectful parents. The children of these incarcerated women are
denied with the attention that usually
other children of same age gets. The negative impact on the children is very
high in the case where the incarceration of mother has happened than that of
the fathers. Positive development of the children Is very important for which
the presence of mother essential but the imprisonment of mothers can lead to
different types of social psycho problems on children like the sense of
security for the sense of loss and also the emotional issues. And not just
these but also the ‘loneliness’, ‘change of temperament’, ‘sadness’,
‘sleeping disorders’, ‘academic performance’ and all the ‘disturbing behaviour’
either at home or at the school children get affected in all the ways
because of this imprisonment of mother.
5. CONCLUSION
& SUGGESTIONS
“It is not the
prisoners that need reformation . It is the prisons.” - Oscar Wilde
There is lot to do for
the improvement of Indian prison system when the very means to do it already
exist. but what has been lacking is the very first step and the willingness to
start these programs, laws etc, So that the women behind the bars can be
ensured of proper livable conditions in the prisons. Till now the government
mostly have been negligent when it comes to the prison system upliftment. There
is requirement of inspection from time to time of the prison premises and also
to prepare the report on the timely basis, so to come up with the proper data
including of each dimension end lacunae that exists in prison system. So in
order to come up with better action plan to improve the condition of prison as
well as the women prisoner. No availability of much data is also one of
the issue to which different NGOs and government has to work upon so in order
to tackle with the different problems that women face when she is in custody
like torture which they face and the problem of housing for their children,
there is need of data because whatever the data has been available it is with
context to whole of Prison System and is not specifically with context to the
condition of women prisoners. It has to be insured and it is also one of the
most important aspect that there should be the release of undertrial
prisoners on the timely basis along with the convicts, at all costs[28].
It is very important to reintegrate the women with that to the society in order
to protect her from this vicious cycle of poverty and crime. And the
same can be done with the help of facilities like education, skill
development or any other type of vocational training during their
stay in prison. It is the society that has to fight for the rights of these women.
Suggestions:-
1. By the means of having being
conducted this research the research scholar tries to or wish to find from this
base line study that what is the scenario after the post – incarceration
life and wish to know how or whether it was hard for these women’s to
reintegrate back with the society or community. Accordingly the need of an hour
is more and more data and research studies that has to be conducted so that to
work upon the very socio- psycho condition and well-being of these incarcerated
women’s who are also mothers.
2. Even the religiously following of the
provisions that exist today can make a big difference in a long run. All states
should now make step by following the National Model Prison Manual 2016.
3. As it has already been mentioned above
in the paper that there is a need of timely inspection of the prisons. These
timely inspection would make difference by helping in keeping the records and
coming up with reports with the areas where we can act on improving the
lacuna's that exist in our Prisons Systems.
4. In order to ensure the best interest
not just of the mother but also her child there has to be proper and other
special procedures that has to be present and being conducted during the arrest
of such women/mother.
5. There is a need of proper
accommodation equipped with ‘sanitation’ and ‘proper hygiene’, ‘medical
facility’ and ‘proper nutritious diet’ for the pregnant
prisoner and also after childbirth for her child and same could be done
by inserting the provisions related to the same, which don’t exist today.
6. Also such women prisoners who are
mother or either pregnant should be provided with separate cell, so that
special care of such women’s and attention towards them with their daily basic
needs could be provided immediately especially in case of pregnant women.
7. There is a need of adopting the ‘gender
- specific approach’. For this we should think more on measures like Non-
Custodial, or Community Sentencing/ Service, or other Reformative
Justice Programs. Though most of the time there is acceptance of human
rights based approach as a correctional model in the form of policies and
reformative moments, but the need is mostly of the very constructive
implementation of the model and which seems to be not there or found missing.
8. Overcrowding has become one of the
major issues today with the Indian Prison system; the reason for the
same is not hard to find because it is the result of the ‘inordinate delay
in trials’. Court’s also have to ensure that there should be no pending
undertrial cases because if it’s there it can make a whole lot of impact on the
women inmate who has been pregnant or has given childbirth.
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Article Information
MOTHERHOOD IN PRISON: IMPROVING LIFE OF FEMALE INMATES IN INDIA
Authors: AMAR SINGH NATHAWAT
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/02/13
- Issue 7
About Journal
International Journal for Legal Research and Analysis
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