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TMI Blog1993 (5) TMI 200X X X X Extracts X X X X X X X X Extracts X X X X ..... ho in league with two prison officials (since dismissed) committed robberies is pointed out. Another life convict 'M' who associated himself with habitual offenders committed an idol theft while on parole adds petitioner. Some of the habitual offenders sent to the Viyyur Jail find their way back to Trivandrum and other prisons, and their association turns first offenders into hard core criminals, according to petitioner. This will defeat chances of reformation, which is one concern of law. Homosexuality and other forms of physical assaults are rampant in the Prison. Petitioner refers to the names of certain prisoners, who rule the roost. An overlord - vassal system prevails in Prisons, says he. Petitioner prays that remedial measures be taken by this Court, lest institutionalised crime rises higher and higher. 2. The scenario presented reminds one of what Pushkin or what Papillon by Henri Charriere reveals. Life in prison has been described by Jawaharlal Nehru. In Sunil Batra, AIR 1980 SC 1579: (1980 Cri LJ 1099), life in prison is portrayed. For years and years, prisoners do not see a child, a woman, or even animals. They lose touch with the outside world. They brood and w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ison system which is a method of handling criminals was the result of historic accidents. It was not a carefully thought out plan. Prisons existed from ancient days. Segregating criminals from society to protect it is an acknowledged necessity of every civilised State. Yet, unduly harsh treatment is not favoured by civilised States. The Eighth Amendment in the U.S. Constitution is a recognition of this. In ancient days, the prisons were bleak places. The great prison in Rome was built by Pope Innocent X in 1655. There were generalised institutions for the care of criminals. Seventeenth and Eighteenth Centuries saw the rise of 'Prisons', 'Jails', 'houses of correction', 'rasp houses', 'spin houses', and 'maisones de force' (See John Lewis Gillin - Criminology and Penology : 3rd Ed. page 372). 5. Sir Edmund Du Cane, the first Chairman of the Prison Commission, brought to the notice of the British Parliament, inadequacies in the prison system and made suggestions for change. He was severely criticised by the Press for his innovations. The fortnightly Review - April 1894, came down heavily on him. However, slowly the winds of change blew ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 'Justice is too good for some people and not good enough for others.'. (Norman Douglas) The fascination for crime was increasing, with the influence of media, drugs and psychedelic culture. A 1984 survey showed that one violent crime was committed every twenty-eight seconds in the United States, and a murder every twenty eight minutes. Morality cannot be legislated, but law must be enforced. 9. Different problems of prison life deserve notice. A major problem is that of overcrowding in prisons. The consequences are unwholesome. Prisoners fight with each other; they mingle freely, and the freshers get trained by hard core criminals. Indiscriminate mingling of prisoners lead to sexual abuses and homosexuality. Prison riots occur occasionally. The Statement filed by the D.I.G. of Prison on behalf of the Government dt. 2-2-1993 shows that in 1991 the strength of the prisoners in Kerala Jails was 14313 (13077 males and 1236 females). A good many of them were first offenders, almost 10,000. 976 had suffered at least two convictions and 718 at least three convictions. These hardened criminals influence the first offenders, and the prisons become schools of vice. The accommodation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... minology and Penology). Recidivism becomes rampant. First offenders, casual offenders and habituals are hurled together like rats in a hamper and pigs in a sty (J.M.J. Sethna). 12. One way of improving the situation will be by introducing work culture in prisons. Simple imprisonment leaves the prisoner idle, with leisure for idle thoughts. Work will provide necessary therapy against this. The prisoner can earn wages, develop work habits, gain experience in trades and acquire skills. This will ease boredom. Open jails will provide the necessary atmosphere and venue, and experience shows that the conditions have been better in the open jails. That apart, the vast human resources can be turned productive. In the words of Chief Justice Warren Berger, jails should be factories with fences rather than warehouses for criminals . Open jails are in existence in this country, as elsewhere and they have proved successful. Some of those are : (i) The Neyyar Open Prison. (ii) Ghurma Open Air Camp-Sone. (iii) U. P. Prison Cement Factory, Bhadra. 13. Prisoners can be usefully employed and their earnings can support not only their families, but the families of the victims of their crimes. The Kera ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... making private agencies), making of file boards and tags, and similar activities can be entrusted with prisoners. Saving can be effected by Government and possible kickbacks can be avoided. 15. Conditions of jails also require improvement. Better jails must be built with educational and recreation facilities. As observed by Louis Bloom Cooper - Proposal for Penal Reforms -, Philosophically, education and penal reforms make peculiar bed-fellows. Education, like its historical companion Greek drama, wears two masks, one induces individuals into social values, and the other deduces from the individuals their full potential as persons. Jail staff should also be trained in their responsibilities. Corruption among jail staff must be wiped out. Corruption in jail, and its extent were noticed by the Supreme Court in Sunil Batra's case, AIR 1980 SC 1579 : (1980 Cri LJ 1099). The Apex Court noticed how certain named prisoners enjoyed luxuries of life. The Court noticed that Air Coolers, food from good hotels and facilities for recreation were available. The Court noticed that some of the Jail staff were pandering to prosperous prisoners, assuring that they would bring not tarts , but rea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a Branch) submitted that some of the prisoners on parole, have been visiting lady Advocates defending them during late hours of night, causing them embarrassment. 19. Prisoners have also complained about the quality of food given to them. One convict (Ali Moosa; C. 4195) insisted that fruits should be supplied. I have seen the food supplied to prisoners in four Jails of the State, making surprise inspections. The food could be better; but consistent with the constraints, the food cannot be considered bad or inadequate. Some of the prisoners (Ex: C 1451) complain of the attitude of society to prisoners. A human approach is needed. But one cannot overlook that: the State of Criminal Law continues to be, as it should be a decisive reflection of the consciousness of society. (Friedman - Law in Changing Society) Some of the prisoners (for example : Convict Nos. 1343 1547) complained of bad treatment by Jail Authorities. Some complaints are exaggerated. Employment of dedicated jail staff would obviate these complaints. However, superior Officers should ensure that there are no excesses: It is necessary that short-term employees who have no interest in the Institution should not be engage ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ity elevates human perceptions, unlike depressing ghettos. Open jails in areas where land is easily available, with necessary security must be thought of. This must be done as expeditiously as possible, making a meaningful beginning within two years from today. High security prisons shall be built to house the category of prisoners who are considered dangerous, and whose numbers are certainly not on the decrease. Scientific classification of prisoners must be made. (2) State shall effectively implement segregation, keeping habitual offenders away from freshers, to avoid the possibility of hard core criminals turning jails, to schools of crime. (3) State will ensure that short-term appointments of prison staff are not made, and that adequate trained staff is provided in jails, keeping in view needs of security. (4) State will take appropriate action to pay reasonable wages to prisoners so that, motivation for work is generated. Reasonable wages need not be the equivalent of minimum wages. Cost of support of prisoners, circumstances that lead to incarceration etc, can be reckoned in fixing such wages. Broadly stated, something in the neighbourhood of half the statutory minimum wages ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. There are some jails without rest rooms and toilets and staff who take turns often have to sit on verandhas. It must be remembered that congenial working environment alone can ensure a contented service. (14) Reservation of a nominal percentage of jobs for convict prisoners of good behaviour, can be an incentive and it would be consistent with the concept of rehabilitation. (15) Educational and recreational facilities, within reasonable limits may be provided in prisons. Weekly or fortnightly discussions, availing of the good offices of religious or social organisations or enlightened citizens, can go a long way in reforming the convicts. 22. I have not given time bound directions because of the difficulties it may create due to financial and administrative constraints. But, it is hoped that expeditious and meaningful, action will be taken by the State. 23. I place on record appreciation of the help rendered to this Court by Shri James Vincent who visited several jails at his cost, collected literature and material, prepared elaborate paper books and argued his case ably. To meet his actual expenses in this regard, the State is directed to pay Rs. 4,000/- (Rupees Four Thousand) ..... X X X X Extracts X X X X X X X X Extracts X X X X
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