Main Agencies that make PVS Work

Main Agencies that make PVS Work Board of Visitors Prison Staff Government

Why Do We Need a Prison Visiting System? • Closed nature of the Prison System: no public participation, no scrutiny • Atmosphere of secrecy: public information on prisons is scanty • Complete control & supervision of the prison staff: potential for corruption and human rights violations • State’s supervision: a mere formality

Relevance of Prison Visiting System Cardew Committee, 1894 a body of free and unbiased observers, whose visits serve as a guarantee to the Government and to the public, that the rules of the Prisons Act and Prison Manuals are duly observed Report of the Indian Jails Committee, 1919-20 It is of great importance to create such an interest in the public mind and the appointment of non-officials is one of the best methods of promoting this end

First Imprints of Prison Visiting System

Legal Backdrop • Sunil Batra (II) vs Delhi Administration(1980 AIR 1579) “The board, which includes judicial officers and people from varied social backgrounds and is vested with ‘Visitorial powers’, could be an instant administrative grievance redressal mechanism to protect the rights of prisoners.” • Rakesh Kaushik Vs. BL VIG Superintendent Central Jail, New Delhi(AIR 1981 SC 1767) “…part of their function was to acquaint themselves with the condition of tension, vice and violence and prisoners’ grievances.”

Legal Backdrop • Ranchod Vs. State of M.P. (1986 16 Reports M.P. 147) “The non-official visitors to the jail, appointed by the State Government, had they justified their appointment by getting themselves acquainted with the prisoners’ problems and making efforts for amelioration of their lot, within the framework of the Jail Manual itself; if all this had been going on smoothly, as is expected and sought to be, possibly there was no need for… this letter petition.”

Steps to a Prison Visit

Step 1 Initial talk with the Superintendent or Prison in-charge Points of Discussion • Capacity v. Strength of the prison population (Occupancy rate – Male, Female) • Prison industry and activities offered • Administration of time • Meetings of Avadhik Samiksha Samiti • Vulnerable groups – Juveniles, Mentally ill, Young offenders, Infants with female inmates • Capacity v. Strength of the prison staff • Introduction of any correctional initiative/best practice • Problem areas

Step 2 Visit all the areas of prison premises Points of Discussion • Conditions of accommodation, potable water, drainage and sewerage, bathrooms, toilets, garden • Segregation of inmates – Female, Juveniles, Mentally ill, Young offenders • Adequacy of clothing, bedding and other provisions • Conditions in kitchen – preparation of food, prescribed diet, storage of ration, hygiene, cooking utensils • Medical services – in-house availability of doctor, vehicles and escorts, women health care, psychiatric treatment to • Prison Industry – supply of raw materials, machines and tools, prescribed wages • Visiting system of families and lawyers – waiting arrangements, separate room, private meetings

Checklist For a Prison Visitor • Material Conditions (i) Capacity and occupancy of the establishment (ii) Cells (iii) Food (iv) Personal hygiene • Regime and Activities (i) Administration of time (ii) Activities offered (iii) Contacts with the outside world

Checklist For a Prison Visitor • Medical Services (i) Access to medical care (ii) Medical staff • Prison Staff • Treatment • Protection Measures (i) Informing detainees (ii) Disciplinary procedure and sanctions (iii) Complaint and inspection procedures (iv) Separation of categories of detainees (v) Registers

Step 3 Consult the registers Points of Discussion • Familiarization with the various types of registers - Admission Register of Undertrials/Convicts - Release Register of Undertrials/Convicts - Register for letters, petitions, vakalatnamas, etc. sent and received by inmates - Escape Register - Register of attendance of Jail Officers - Advisor Board Register – dates of revision of convicts at the time of admission - Hospital Register - Punishment Register, Fetters Register, Solitary confinement Register - Ammunition Register - Property register - Stock Book • Use of Right to Information Act – kinds of requests filed to and from prison, prison responses, encouraging for pro-active disclosure

Step 4… Interview the prisoners in private (in Group / individually) Points of Discussion • Balance between security and interviewing • Interaction of inmates with prison officials • Treatment by the prison staff – human rights violation • Ratio of prison punishment • Proper medical services • System of redress of grievances • Correctional programmes/activities offered • Material conditions • Contact with the outside world • Access to information – newspapers, books, availability of writing materials and postage stamp

Step 4… Interview the prisoners in private (in Group / individually) Points of Discussion Undertrials: • Undertrials falling under S. 436 and 436A • Access to Legal aid • Facility to meet Lawyer • Regular court production • Avadhik Samiksha Samiti meetings Convicts: • Parole – granted liberally or stringently • Prison Industry and Remission • Advisory Board meetings

Step 4 Interview the prisoners in private (in Group / individually) Points of Discussion Women Inmates • Segregation from male prisoners and guard by female staff • Availability of female doctors and attendees • Pregnant inmates – pre-natal & post-natal care, prescribed diet, medicines • Infants/Children with women inmates – immunization, education & welfare with the help of an NGO Juveniles (below 18 years) & Young Offenders (18-22 years) • Segregation from adult inmates • Shifting to Ajmer Reformatory / Juvenile Homes

Step 5 Talk to Prison Staff Points of Discussion Establish working relations with problem-solving attitude seeking their cooperation but not compromising on any human rights violation • Understand hierarchies in prison and meet them all • Identify problems for which prison staff is not responsible and create plan of action • Balance between security and rights of prisoners • Impact of overcrowding on staff • Cleanliness and Hygiene of premises and inmates • Problem with prison industry • Security and Discipline • Treatment of vulnerable groups – mentally ill, juveniles

Step 6 Make notes in the Visitors’ Book Points of Discussion • Make sure that entry is made every time a visit is conducted • Advisable to maintain a personal record of every prison visit • Notes should be comprehensive, accurate and focused on target issues • Notes should identify problems along with their actual causes and possible solutions • Name of particular prison officials to whom any suggestions or requests were made • Any follow-up action taken by the visitor and the prison authorities • Remarks may include complaints made by the prisoner, which in opinion deserve the notice of the government

help the prison visitor follow up on their recommendations invaluable for the prison administration and staff, to list out possible solutions to improve prison conditions and thus assist them in their work reduce the possibility of overlaps in discussion on the same issues during each visit help the government to evaluate the visitor’s performance at the end of the term Importance of Visitors’ Notes

Step 7 Concluding talk with the Superintendent/Jailor Points of Discussion • Communicate your observations and a summary of your visit • Follow-up on checking the progress made on the notes and suggestions laid down earlier • Facts of individual complaints made by inmates must be verified after interviewing the concerned prison authorities • Regular correspondence seeking updates on orders issued and work carried out

Follow-up • Follow persuasive strategy to get recommendations implemented • Pursue the matter with higher officials, if required • If notes not taken seriously by the prison authorities, must approach other agencies • Remember to inform the prison officials before informing any outside agency to build healthy relationship with them

Follow-up with other agencies Judiciary Government • Sessions Judge • Chief Justice High Court Other • State Human Rights Commission • National Human Rights Commission • Legal Services Authorities • District Magistrate • Commissioner of the Division • Director General of Prisons • Principle Secretary (Jail) • Jail Minister

Board of Visitors • 2 Official and 2 Non-official visitors to be selected biannually by the Collector and District Magistrate of the District • One of the them would be the nominated Chairman • Board of Visitors to meet once a quarter • Inspection of prison collectively– twice in an year – dates fixed by Superintendent in consultation with the Chairman & members • Monthly visit to be made to each jail either by official or non-official visitor • More than one visit per month – requires special permission of the Superintendent

Questions for NOVs What stops an NOV to: • to make regular visits to the prison? • to communicate freely with an inmate? • to write notes in the visitor’s book? • to meet other officials & non-official visitors? • to convene a Board of visitors? • to take up issues with the higher authorities or other agencies? • to take initiatives for better prison management? • to involve the community in their work in prison?

Problems faced by NOVs • Not supplied with visiting guidelines about their duties and functions. • Not encouraged to visit prisons regularly. • Discouraged to write their suggestions and recommendations in the visitors books. • Visitors’ Book not made available to them. • Issues raised and suggestions made are not communicated to DCs and prison headquarters. • Boards of Visitors Meetings are not called for regularly. • Stop recording because they do not receive any response for their remarks. • Prisoners are afraid to talk to them freely in the presence of officials.

Core Problems of Prison Visiting Systems Non-Official Visitors Government Prison Staff considers PVS as an un-necessary intrusion in their work lacks initiative as it considers prisons as a low priority reduce their functions to mere clerical formality in the absence of any accountability

The Way Forward • NOVs can divide their duties amongst the members according to each person’s background. For instance, a lawyer on the Board, can focus on legal matters. • Convenience of the prison staff should also be taken into consideration while conducting a prison visit. • Keeping the matter within the prison initially, prevents the prison official from feeling unnecessarily threatened or challenged. • Identity of the prisoner must always be protected to prevent undue victimization.

The Way Forward • Important to keep the Prison authorities informed of all important developments or incidents which come to light from interaction with prisoners. • Prison staff’s genuine complaints and grievances should be heard. • BOVs can best bring to the notice of the government, the deficiencies of the system at appropriate time so that they do not accumulate or grow to unmanageable proportions.

Thank you ! Commonwealth Human Rights Initiative (C.H.R.I.)

Main Agencies that make PVS Work