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THE FORGOTTEN INMATES: GENDER-SENSITIVE PRISON REFORM IN NORTH-EAST INDIA

Prison reform is a vital aspect of any justice system, as it seeks to uphold the dignity and humanity of individuals within the penal system. Justice V.R. Krishna Iyer aptly remarked, “Every prisoner is a person, and personhood holds the human potential which, if unfolded, makes a robber a Valmiki and a sinner a saint.” […]

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THE FORGOTTEN INMATES: GENDER-SENSITIVE PRISON REFORM IN NORTH-EAST INDIA

Prison reform is a vital aspect of any justice system, as it seeks to uphold the dignity and humanity of individuals within the penal system. Justice V.R. Krishna Iyer aptly remarked, “Every prisoner is a person, and personhood holds the human potential which, if unfolded, makes a robber a Valmiki and a sinner a saint.” In India, the principles of reformation, rehabilitation, and reintegration (3Rs) form the foundation of prison management.

These efforts aim to provide spiritual, moral, vocational, and educational development to inmates, enabling their reintegration into society as law-abiding citizens. The Indian Jail Committee of 1919–20 first recognized the importance of reformation and rehabilitation, while Justice Krishna Iyer’s 1987 committee emphasized the urgent need for gender-sensitive approaches, particularly for women prisoners.

The condition of women prisoners in India continues to be a pressing concern. As per the National Crime Records Bureau (NCRB), women comprised 23,772 of the total 573,220 prisoners as of December 31, 2022. Overcrowding remains a critical issue, with women’s prisons operating at 60.1% capacity, and certain states like Uttarakhand, Bihar, and Uttar Pradesh exceeding 100%.

Additionally, 1,537 women prisoners live with 1,764 children, complicating the challenges further. Most female prisoners fall within the 30–50 age group, followed by younger women aged 18–30. The National Commission for Protection of Child Rights (NCPCR) recommends the early release of pregnant women, those with dependent children, and those who are ill. However, poor implementation raises questions about the actual beneficiaries of these provisions.

The North-East faces unique challenges in prison reform. Limited infrastructure and inadequate rehabilitation facilities for women prisoners exacerbate the issues. Only Mizoram and Tripura have dedicated women’s jails, and many prisons fail to meet even basic needs.

Reports suggest that due to the lack of gender-neutral laws in the Assam Jail Manual, women prisoners are denied essential provisions such as special diets for pregnant lady and sanitary napkins. The treatment of women inmates is often inhumane, leaving them vulnerable to mental and sexual abuse.

Furthermore, anxiety and mental health issues among women prisoners are prevalent, but due to insufficient staff and resources, these problems frequently go untreated. Another point to high light here is that The Mental Health Act, 2017 had definition for mental illness but it has failed to define and includes anxiety in it.

Gender sensitivity in prison management is critical to addressing these issues. The Model Prison Manual 2016 provides guidelines such as appointing a lady DIG to oversee women’s prisons and ensuring the provision of sanitary napkins.

However, the lack of implementation remains a significant hurdle. Reforming prison systems requires training custodial staff to handle inmates humanely and effectively. Moreover, Assam’s Jail Manual should be amended to incorporate gender-neutral language and provisions to support the reformation of women prisoners.
Globally, there is growing recognition of prisoners’ rights and the importance of alternatives to incarceration.

The United Nations’ Tokyo Rules emphasize that imprisonment should be a last resort, advocating non-custodial measures like fines, probation, and community service. Open-air prisons in India, such as Rajasthan’s Sanganer and Pune’s Yerawada for women, offer a rehabilitative approach.

However, only four out of India’s 63 open-air prisons accommodate women. Expanding these facilities for female inmates, particularly pregnant women and mothers, is essential.

Programs like the Swadhar Greh Scheme provide a glimmer of hope. This initiative, implemented by the Ministry of Women and Child Development, offers shelter, food, legal aid, and counseling to women in distress, including those released from prison. The 90:10 funding ratio between the central and state governments in the North-East reflects the region’s specific needs.

Additionally, the Probation of Offenders Act, 1958, allows courts to release offenders under certain conditions, promoting rehabilitation. However, its uneven application across states underscores the need for better coordination between judicial and correctional institutions.

The Repatriation of Prisoners Act, 2003, enables foreign prisoners to serve their sentences in their home countries. This legislation is particularly beneficial for convicted foreign women prisoners and can also help reduce overcrowding in Indian jails. Similarly, community-based sentences, parole, and furlough can be implemented more widely to alleviate overcrowding while supporting inmates’ reintegration into society.

Addressing these issues requires immediate and focused action. Building additional women-specific prison facilities, improving existing ones, and ensuring the proper implementation of the Model Prisons Act, 2023, are crucial steps. Engaging local communities and tribal councils can help develop culturally appropriate rehabilitation programs. Increased funding and staff training are also vital for enhancing the efficiency of the system and ensuring humane treatment for inmates.

Prison reform is not merely a legal obligation but a moral duty. By prioritizing reformation, rehabilitation, and reintegration, India can ensure that its prison system offers a second chance to those incarcerated. Addressing the unique challenges faced by women prisoners and the North-East will create a fairer, more equitable system that benefits society as a whole.

Dr. Pyali Chatterjee is HOD & Assistant Professor, Faculty of Law at ICFAI University, Raipur, Chhattisgarh, India