BUT THEY ALL COME BACK.. Rethinking the Incarceration System in India
BY
VINEET HINGORANI FIFTH YEAR B. ARCH
L. S. RAHEJA SCHOOL OF ARCHITECTURE AFFILIATED TO UNIVERSITY OF MUMBAI
2016-2017
But They All Come Back – Rethinking the Incarceration System in India
ii
ACKNOWLEDGEMENTS As I present this dissertation, I would like to express my gratitude to everyone who helped me with formulation and creation of this project without whom this project would not have been possible.
I am grateful to Ar. Arvind Khanolkar (Principal) for providing me with all the necessary facilities for the completion of this dissertation. I thank Ar. Arun Fizardo, Ar. Mildred Jose and Ar. Rohan Patil for the constant support. I want to express my deepest gratitude to Ar. Anuj Gudekar for guiding me through this project and always showing confidence in me. I will always admire his knowledge, vision, analysis, scrutiny and urge to explore something new and hope I can imbibe these qualities within myself with time.
I can never thank my family enough for the immense confidence and trust they have constantly shown towards me. I want to take this opportunity to express my deepest gratitude to my parents, Sanjay and Anurati Hingorani, my grandfather Shewakram Higorani and my grandmother Pravina Oza for being my support system and guiding me through every difficulty.
I thank Chinmay Shah, Rishul Bangar, Karan Shah, Zainab Vimanwala, Aditi Bhoot, Minatti Jiwani and Jainika Shah for all the good times and the much needed breaks! I thank Kasturi Wagh for being an immeasurable support system and help towards the completion of this book. I thank them all for the thought provoking discussions and helping me meet the deadlines!
I thank the authorities and staff at the Open Air Jail, Bilaspur, the Yerwada Central Jail, the Yerwada Open Jail for their support and guidance in my project.
But They All Come Back – Rethinking the Incarceration System in India
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PREFACE “I think the human mind is fascinating. I love figuring out why people do what they do.” Danielle Fishel
This thought is a perfect reflection of the way I feel and comprehend the intricacies of the human mind. From time immemorial, man has been constantly working and improvising on his mental faculties, through school, college and university education. We have been duly rewarded with unique inventions and discoveries which have brought much needed progress and prosperity to human kind. Till today I marvel the invention of self-flying drones. Such is the nature of the human mind – from the zenith of creating a flying machine to the nadir of creating havoc and destruction. I’ve always wondered how a criminal mind works Was he born a criminal? Was the crime a result of unforeseen and unfortunate circumstances? Was he just in the wrong place at the wrong time? This curiosity and inquisitiveness of what goes on within a criminal mind or the reason for a deviation from the defined societal ‘right’ , prompted me to come across books like ‘The Prisoner of Birth’ and ‘The Prison Diary’ series by Jeffrey Archer, ‘Shantaram’ by Gregory David Roberts and television shows namely ‘Banged Up Abroad’ and ‘Locked Up’.
These books and television series made me understand that there is no definite right or wrong But They All Come Back – Rethinking the Incarceration System in India
iv
and only truth must prevail. And the truth about the unfortunate criminal mind is that it can always be rehabilitated,
reformed
and
re-directed
to
channelize positive energies to benefit the society, if the period of punishment and confinement is managed well. No rehabilitation or reformation can ever happen without a positive space around an individual.
Prisons and Jails have always been ignored and they seldom appear on the agenda of the State and the Centre. Prisoners are regarded as a burden to the society. Although the society deems it appropriate to lock up every criminal behind the bars, the rational part of me questions whether this will ultimately be of any good for the society as a whole in the long run. Is crime going to reduce just by locking people away for years?
People who take part in criminal acts, a greater part if not all – can actually be rehabilitated and reformed. Prisons need to foster this belief of rehabilitation and reformation and create an environment for the prisoners that will aid, in them understanding their actions and birthing a desire to live in a society as a law abiding individual. A chance for them to improve and become a contributing member of society, to return back as a responsible father, a doting brother and a loving husband. I intend to bring this change in the approach towards the prisoners to lead a normal life post completion of sentence. I want these souls to pick up the threads of life once again and let the story end “happily ever after”. But They All Come Back – Rethinking the Incarceration System in India
v
ABSTRACT “Prisons are the temples where devils learn to prey. Every time we turn the key, we twist the knife of fate, because every time we cage a man we close him in with hate.” – Gregory David Roberts, Shantaram
Prisons have long been recognized as horror houses for punishing troublemakers throughout history. The walls of a prison curtails and confines the ‘outlaws’ while also acting as a barrier between the good and the evil.
Crime, criminal, jails and prisons - terms like these easily fall into the category of ‘social taboo’ in India. A much stigmatized thought process comes into play within the mind-set of the society on coming across such terms. This mind-set, when fuelled by raw imagery of ‘dark elements’ like long rows of cells, bars, filthy conditions, grim faces, violence and other sinister activities, births the sentiments of disgust and aversion against prisons. A probable reason for this might mainly be that the nature and kind of a vast majority of humans the institution produces post-detention period is no different from the pre-detention period.
The minimum criterion of a prison should be that an inmate emerges no worse than when he entered. Instead, there is much data to prove that prisons serve as breeding grounds for further criminal activity. A vicious cycle has developed overtime wherein an inmate keeps returning back numerous But They All Come Back – Rethinking the Incarceration System in India
vi
times to the prison upon release either for the same crime or another leading to an increase in recidivism rates in the country.
The present day scenario makes it difficult to comprehend a prison as a reformative and rehabilitative system rather than a punitive one. In an ideal world, a prison must be an institution that breaks this cycle, takes in the negatives and gives back positives to the society. A disciplined system that should not only be about punishment and confinement, but one that must also contribute to the re-formation and re-entry of the prisoner into society. Unfortunately, this is not an ideal world.
Present day prison architecture is the epitome of crude architecture, one that is grotesque and that is specifically designed to torture the criminal mind repeatedly for the misdemeanour. The colonial monumental architecture of the institution -opaque in nature - is also a prime factor aiding the use of architecture as a medium for punishment.
Architecture has the ability to invoke thought and emotion. Every environment, built or unbuilt, has a psychological influence on the mental state of the inhabitants. The way we perceive a space using our senses affects our behaviour and temperament subconsciously.
This
concept
of
sensuous
architecture can successfully be applied to the incarceration system – prison.
But They All Come Back – Rethinking the Incarceration System in India
vii
AIM To
look
into
the
specific
aspects
of
‘reformation’ and ‘re-entry into the society’ of the incarceration system in India, change a socially negative entity into a positive one, and thereby possibly generate an ‘oxymoron’. The proposal
would
development
ultimately of
involve
the
type
of
a
space/structure/program that would aid these aspects architecturally, psychologically and socially.
OBJECTIVE This thesis will look into the workings of the existing dysfunctional system of incarceration in India and forge an attempt to find a solution for the same. It will aim to be a reformation not only to the existing prison system but to prison architecture as well. Using architectural design as a tool, this thesis will attempt to foment a dialogue questioning the following hypothesis: A reformative and rehabilitative system - one that allows spatial and visual interaction of an inmate with the outside world - rather than a punitive one is of utmost urgency in the present incarceration
system
for
the
successful
reformation of a prisoner.
But They All Come Back – Rethinking the Incarceration System in India
viii
NEED FOR STUDY India has witnessed an exponential growth
abuse and gang fights are not rare. It is
in crime over the past decade. The total
reminiscent of a jungle in there. Everyone
number of cognizable crimes registered
is in a fight to prove himself as the alpha
under the Indian Penal Code (IPC) and
male just to survive. A jungle where
Special Local Laws (SLL) has risen from
Darwin’s theory of ‘survival of the fittest’
5026337 in the year 2005 to 7326099 in the
is put in practise, for he who is supreme will
year 2015 – an increase of 45.8%. The rate
dictate terms with the rest. Overcrowding is
at which crime is increasing is directly
very rampant in Indian prisons with a
proportional to the criminal count.
national occupancy rate at 117.4% with some
Prisons, as an institution, have been created for the sole purpose to deal with the
states
as
high
as
258.9%
(Chhattisgarh) and 226.8% (Arunachal Pradesh).
wrongdoers of the society. Prison, as a place of punishment, were uncommon in
Recidivism rates are on a high. Prisons in
the ancient world. They were used rather to
India look at the time and level of
detain those awaiting trial and sentence.
punishment rather than the type of crime
Not until the 18th and 19th centuries did
committed by the individual. Prison
prisons become places for the punishment
authorities tend to put everyone in together
of criminals. Heavily burdened with
and do not separate out first time offenders
problems
living
from habitual offenders. Thus, many first
conditions and prolonged detention, prisons
time offenders are rubbed on by the
in India have become a staple subject of
antisocial mind-set of the habitual ones.
public debate and criticism. Despite
Overtime a cycle has developed where by a
relatively low number of people in prison
person commits crime, goes into prison,
per capita as compared to other countries,
comes out, again commits crime, goes back
there are some common problems across
to prison and so forth. The national rate of
India.
recidivism is at 8.1% of the total number of
of
unsatisfactory
people convicted with some states as high Prisons are truly brutal places in India and
as 71.8% (Sikkim), 48.3% (Lakshadweep)
are obsolete, inhumane where cases of
and 44.5% (Chandigarh).
insanity,
suicides,
mental
trauma,
depression, rage fits, homosexuality, drug But They All Come Back – Rethinking the Incarceration System in India
ix
There exists an urgent need for adequate
A large part of the existing prison
prisoner-release programs. On completing
architecture in India dates back to British
the jail term, the prisoners are left into the
colonial times. It is rigid, raw, hard and
open world without a program that would
frightening. The environments that exist
initiate this procedure. There is no facility
amidst this architecture is dark, grim and
or program within the prison or after the
overwhelming and have drastic effects on
punishment that initiates him into the
its users which not only include inmates but
society. Sudden freedom in such large
also the guards and support staff. Cases of
quantities can be overwhelming and bad.
insomnia, memory loss, hallucinations,
There is also no acceptance of these
panic attacks, hyper anxiety, claustrophobia
prisoners in the society which may have
and even suicide at times is quite a common
extensive amounts of impact on their
phenomenon
psychology.
circumstances,
whereas depression, stress and anger
normally, the individual is either lost and
management issues are common amongst
doesn’t know how to function or retorts
the latter.
In
such
amongst
the
prisoners
back to crime (where he has some base).
RESEARCH METHODOLOGY The research methodology comprises of a
perception of the five senses in an
study of the psychological aspects behind
architectural space, explaining how they
why a person commits crimes and what
work and influence each other and the
leads him/her to commit crime. A note is
differences between them. As such, a study
made of the basic theories mentioned under
of how psychology and architecture take
the subject of psychology with respect to
part in the setting of a prison cannot be
this. It looks at the ways in which crime and
ignored.
incarceration affect not only the individual
A discussion on what the terms ‘prison’ and
but also the society from the standpoint of
‘punishment’ stand for and what they mean
sociology and criminology.
is stated. The research also involves an
Architecture, unknowingly, plays a vital
investigation of the evolution of prison
role in the psyche of a person as do the
typologies and systems, about how each
persons senses. The research discusses the
system functioned, what were the factors
But They All Come Back – Rethinking the Incarceration System in India
x
under which that typology was introduced
accommodate based on varied factors and
and what were the repercussions of the
how do they help in the reformation of a
particular system on its users.
prisoner. We look at the conditions of jails
A detailed study of crime and punishment in India is included paying attention to the crime and prison statistics of the country versus the world. A study of the various crimes and their respective punishments in accordance with the Indian Penal Code
in India, their functioning and what sort of problems they face. The prison manual also states the basic rules and regulations such as prison capacity, areas, dimensions and so forth to be followed during construction of a new prison.
(IPC) has been formulated to understand
The case studies deal with providing the
the basic typologies of crime. We take a
reader with a view and taste of the existing
look into how politics, culture, and society
prisons within the country, their working
affect the crime rate of certain states and the
and other factors. They also act as examples
country as a whole. We question why the
of a large number of punitive systems that
official records show the crime rate of India
exist in India and a few reformative systems
to be low.
that exist within the country and abroad
The research comprises of a study of the
from which we can take a lot to learn from.
prison manual to understand the various
Ultimately, we conclude the study with the
typologies of prisons existing in the
author’s point of view and take on the above
incarceration system of India, the various
mentioned topic based on the inferences
categories of criminals that they can
gathered from the research conducted.
LIMITATIONS AND CONSTRAINTS Prisons are a highly classified subject as far
photographs of the interiors of prisons are
as
concerned.
not permitted by law, so it must be
Particularly in the Indian scenario, there is
understood that the study would be carried
a lot of bureaucracy and red-tape which has
out using non-classified data. I shall have to
to be gone through in order to get access to
purely and primarily rely on secondary
prisons
sources of data and declassified literature.
the
authorities
and
their
are
drawings.
Also,
But They All Come Back – Rethinking the Incarceration System in India
xi
INDEX 1.
PSYCHOLOGY AND ARCHITECTURE ________________________01 1A. ARCHITECTURE OF THE SENSES _____________________02 1B. ARCHITECTURE STIMULI ___________________________05 1C. EFFECTS OF STAGNANT ENVIRONMENT _________________07
2.
WHY DO PEOPLE COMMIT CRIME?______________________________________________08 2A. CRIMINAL BEHAVIOUR ____________________________09 2B. CAUSES OF CRIMINAL BEHAVIOUR ___________________11 2C. THEORIES OF CRIMINAL BEHAVIOUR __________________12
3.
PRISON AND PUNISHMENT _____________________________17 3A. PHILOSOPHY OF PUNISHMENT ______________________18 3B. PHILOSOPHY OF IMPRISONMENT _____________________22 3C. RESTORATIVE JUSTICE: AN ALTERNATIVE ________________26 3D. LOOKING FORWARD… _____________________________28
4.
PRISON AND ARCHITECTURE ____________________________29 4A. PRISON ARCHITECTURE ___________________________30 4B. PUNISHMENT BY DESIGN – EVOLUTION OF PRISON SYSTEMS _33 4C1. BIRTH OF A PRISON _______________________34 4C2. BENTHAM’S PANOPTICON ____________________35 4C3. PENNSYLVANIA SYSTEM (SEPARATE SYSTEM) _______37 4C4. AUBURN SYSTEM (SILENT SYSTEM) _____________39 4C5. PENTONVILLE SYSTEM _______________________41 4C6. OTHER SYSTEMS __________________________43 4C7. NEW GENERATION SYSTEMS ___________________44 4C. PRISON SYSTEMS BASED ON GEOMETRICAL FORMATIONS ___46 4D. PRISON MODELS BASED ON OBJECTIVES ______________48
5.
CRIME IN INDIA _____________________________________63 5A. CRIME IN INDIA _______________________________64 5B. CRIME IN INDIA – TRENDS AND STATISTICS ____________69 5C. INDIA VS THE WORLD: WHY INDIA HAS A ‘LOW’ CRIME RATE ______________________________________73
6.
PUNISHMENT IN INDIA _________________________________78 6A. INCARCERATION SYSTEM IN INDIA – HISTORICAL BACKGROUND 79 6B. INCARCERATION SYSTEM IN INDIA ___________________86
But They All Come Back – Rethinking the Incarceration System in India
xii
6C. PREVALENT CONDITIONS OF THE INCARCERATION SYSTEM ___91 6D. ‘PRISON’ BY A PRISONER ________________________103 6E. PRISON IN INDIA – TRENDS AND STATISTICS ____________105
7.
CASE STUDIES – PUNITIVE SYSTEMS ______________________110 7A. THANE CENTRAL JAIL, MUMBAI _______________________111 7B. YERWADA CENTRAL JAIL, PUNE ______________________118 7C. INFERENCE AND PERSONAL OBSERVATIONS ______________126
8.
NEED FOR REFORMATIVE SYSTEMS _______________________127
9.
CASE STUDIES – REFORMATIVE SYSTEMS ___________________130 9A. YERWADA OPEN JAIL, PUNE _________________________131 9B. OPEN AIR JAIL, BILASPUR, HIMACHAL PRADESH ___________139 9C. BASTOY ISLAND, NORWAY __________________________153 9D. INFERENCE AND PERSONAL OBSERVATIONS ______________164
10.
CONCLUSION AND DESIGN INTENT _______________________167
11.
SITE ____________________________________________171 11A. SITE CRITERIA __________________________________172 11B. TENTATIVE SITE A _______________________________174 11C. TENTATIVE SITE B _______________________________177 11D. TENTATIVE SITE C _______________________________181 11E. TENTATIVE SITE D _______________________________184
12.
BIBLIOGRAPHY / REFERENCES _________________________186
13.
LIST OF FIGURES ___________________________________190
14.
LIST OF TABLES ____________________________________197
15.
APPENDICES ______________________________________198
But They All Come Back – Rethinking the Incarceration System in India
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But They All Come Back – Rethinking the Incarceration System in India
xiv
CHAPTER 1: PSYCHOLOGY AND ARCHITECTURE The research discusses the perception of the five senses in an architectural space, explaining how they work and influence each other and the differences between them. As such, a study of how psychology and architecture take part in the setting of a prison cannot be ignored.
But They All Come Back – Rethinking the Incarceration System in India
1
ARCHITECTURE OF THE SENSES “Architecture is an art when one consciously or unconsciously creates aesthetic emotion in the atmosphere and when this environment produces well-being.�
- Luis Barragan
Every environment has a soul depending on
of grandeur, richness, fragrance and the feel
the elements that exist in the environment.
of the place.
When one enters a space, one is instantly overpowered by a dominant soul of the
In McLeodganj, Dharamshala there exists a
environment. This happens unconsciously,
Norbulingka Institute which has kept
one never deliberately analyses each and
centuries old Tibetan tradition alive.
every element of the environment and
Norbulingka is a community with a
comes to a conclusion of the dominant
sustainable business model and a strong
impression of the environment. It hits the
social mission; keeping the Tibetan culture
observer through unconscious perception,
alive by training people for the future. From
for instance, the Taj Mahal of Agra.
the moment one steps inside the gates of Norbulingka, one is transported to a
As one steps towards the main entrance of
different world. The gurgling stream that
the complex of the Taj Mahal, the grand
runs through the gardens maintained in the
brilliance of the environment hits the
Japanese style, the different species of birds
observer unconsciously. The observer is
fluttering among the tree tops, the Tibetan
absolutely awestruck and automatically is
style architecture transports you to the land
transported to the era of the Mughals with
of old Tibet. The temple serves as the
all its grandeur. The observer hardly
perfect place for prayer and reflection. The
realises that it is due to the distance of the
confluence of nature and architecture here
monument from the entrance, the beautiful
engulfs all the senses of touch, sight, feel
gardens that line the water body in the
and smell and the lasting impression is one
centre and the numerous fountains that
of peace and tranquillity.
adorn this water body actually leads his gaze to the majestic mausoleum. All these
Even though Norbulignka is not as grand
aspects, in totality, creates the impression
and majestic as the Taj Mahal, still in all its
But They All Come Back – Rethinking the Incarceration System in India
2
uniqueness and simplicity, it induces the
One can rightly say that to experience
feelings of calm and solitude.
architecture one needs to see, touch, hear and smell it. Architecture has the ability to invoke thoughts, feelings and emotions in an observer. It is capable of altering moods of an observer. A marvellous piece of architecture is a poetry in stone which transports people to a different world and the observer becomes a part of this fantasy world. If the architecture of a building is
Figure 1: Grandeur of the Taj Mahal complex | Source: www.fatsaloon.com
conceived correctly, paying attention to the smallest details, then what we get is a fusion of function and form that pleases all the senses of an observer. Architecture materials like wood, crystal clear glass, shiny metals, leather, and mahogany all exude their own smell, texture, feel and richness. An architect needs to be aware of the effects that these materials can stimulate and use them aesthetically to enhance the beauty and feel
Figure 2: Use of water bodies at the Norbulingka Institute
of the environment. A wall, on the other hand, depending on the manner in which it is conceived can reflect different feelings, moods and emotions. A wall of iron bars or barbed fence wire can make one feel uneasy and uncomfortable. When a wall painted with bright colours is used, it exudes the feeling of liberty, freedom and happiness. So architecture
Figure 3: Unison of nature and architecture at the Norbulingka Institute
subtly plays with the mood and emotions of an observer unknowingly.
But They All Come Back – Rethinking the Incarceration System in India
3
Human beings perceive an object with their
few steps away from the dome, this effect
sense of hearing, touch, smell and taste. But
cannot be felt.
in architecture, unfortunately, only the sense of sight has gained much appreciation
The strongest memory of a space is often its
while all the other senses are left
odour. Odour makes us secretly re-enter a
unappreciated. No doubt, in the process of
space that has been completely erased from
perception, the sense of sight has always
our memory. For instance, the fragrance of
dominated the other senses. The biggest
a bakery projects the images of health,
issue with contemporary architecture is this
sustenance and happiness where else the
dominance of eye sight which has resulted
scent of a candy store reminds us of
in unbalanced sense systems which in turn
innocence and curiosity of childhood.
culminate into ‘soul-less’ architecture. The dominance of the eye usually represses all the other senses and produces a false perception of the environment. So it is incorrect to ignore one or more senses. If we want to have a better influence on our soul we need to use all the parameters like light, sound, colour, form, objects, etc. in a correct manner.
The sense of touch reads the texture, weight, density and temperature of the material touched and ignites different feelings. Hence, the way a material is treated, placed and its shape influences our experience of the material. The stroking of distant surfaces, contours and edges and unconscious tactile sensations determines the pleasantness of the experience.
For
Ear is more closer than eye (Pallasmaa,
instance, the coolness of a polished marble
2005). The echo and re-echo of the sound
surface under your feet, the heat that
that resonates in the Gol Gumbaz gives a
emanates from the concrete wall renders a
feeling of vastness and hard stone. But a
different feeling to the observer.
But They All Come Back – Rethinking the Incarceration System in India
4
ARCHITECTURE STIMULI SCALE AND PROPORTION
COLOUR
Scale and proportion in architecture
Colour is an integral element of our world,
speaks about how the building relates to the
not just in the natural environment but also
size of the human body. While large spaces
in the man-made architectural environment.
can make us feel insecure or at times
The goals of colour design in an
peaceful depending on the way it is
architectural space are not relegated to
conceived, smaller spaces can result in
decoration alone. Colour is a sensory
anxiety or even coziness. Large cathedrals
perception, and as any sensory perception,
emanate a feeling of peace and silence are
it has effects that are symbolic, associative,
vital examples of this phenomenon. Closed
synesthetic, and emotional. The impression
spaces with low ceilings makes one feel
of a colour and the message it conveys is of
claustrophobic and uneasy, as in case of
utmost
prison cells.
psychological mood or ambiance that
importance
in
creating
the
supports the function of a space.
LIGHT "In our time light has turned into a merely
To mention a few examples concerning colours and what they convey:
quantitative matter and the window has lost its significance as a mediator between two
Yellow conveys friendly, sunny and soft
worlds. Enclosed and open, interiority and
effects
exteriority, private and public, shadow and
provocative, passionate and aggressive
light, having lost its ontological meaning,
feelings.
the window has turned into a mere absence
calmness, balance. It conveys the message
of the wall." - Juhaani Pallasmaa, The Eyes
of simplicity and security. White depicts
of the Skin
purity, vastness, openness, and neutral
while
Green
red
signifies
pertains
to,
fiery,
nature,
ambience.
But They All Come Back – Rethinking the Incarceration System in India
5
Figure 4: Play of textures and materials in Sancaklar Mosque, Istanbul by Emre Arolat Architects | Source: www.detail-online.com
Figure 6: Play of shade, shadow and light in the Church of Light by Tadao Ando | Source: www.someslashthings.com
Figure 5: Usage of natural textures, materials and colours in Jain Bunglow by Nari Gandhi | Source: www.archnet.org
Figure 7: Play of shade, shadow and light in the Koshino House by Tadao Ando | Source: www.archdaily.com
But They All Come Back – Rethinking the Incarceration System in India
6
EFFECTS OF STAGNANT ENVIRONMENT A layman can determine after observing a
architect to design buildings that reduces
building whether it is meant for business
mental fatigue. If a building is constructed
purpose, housing or recreational purpose.
in such a way that it induces positive mood
Hence the structure of the building has an
with elements
impact on the psyche of the observer.
accessible gardens, even if the individual
like open walkways and
does not live or work in that building, it If an individual stays in drab conditions for
invokes positive feelings as long as the
extended periods of time, then, his or her
individual has some sort of visual contact
mental and physical condition deteriorates
with the building.
over time. Working in a closed up office environment for 12-13 hours a day easily
Prison environments, on the other hand,
makes one irritable and become a victim of
cause opposite reactions on the inmates
what is commonly known as the “sick
living in the prison for longer durations.
building syndrome”. Many psychologists
Prison, being a stagnant environment, plays
emphasise that “mental fatigue” or a state
an important role in influencing the
of exhaustion can occur when an individual
psychology
is forced to spend long periods of time in an
understanding the effect of architecture on
environment that negatively distracts him -
human mind and studying it becomes
like buildings whose designs do not fluidly
extremely vital. Though prison concepts
integrate into one another. This stresses the
over years have undergone major changes
individual at a sub conscious level and over
from punitive to reformative concepts, its
time this stress culminates into mental
application is a rare sight in Indian
fatigue. It is a moral obligation of an
incarceration system.
But They All Come Back – Rethinking the Incarceration System in India
of
the
prisoners.
Thus,
7
CHAPTER 2: WHY DO PEOPLE COMMIT CRIME A study of the psychological aspects behind why a person commits crimes and what leads him/her to commit crime. A note is made of the basic theories mentioned under the subject of psychology with respect to this. It looks at the ways in which crime and incarceration affect not only the individual but also the society as a whole from the standpoint of sociology and criminology.
But They All Come Back – Rethinking the Incarceration System in India
8
CRIMINAL BEHAVIOUR Who
are
we?
Are
we
good
or
2. Considered to be violation of moral or
fundamentally evil? What makes us happy?
religious code and is believed to be
What makes us sad? The answer we
punishable by a Supreme Spiritual being
uncover is often surprising, paradoxical and
such as God.
shocking. Many positive human qualities
3. Violate norms of society or traditions and
like love, courage and creativity as well as
are believed to be punishable by
negative qualities like anger, hatred and
community.
revenge emerge from the human mind – the
4. Acts causing serious psychological stress
most complex structure known in the
or mental damage to a victim, but is
universe to man. It is the thought process of
somewhat
an individual which makes the real
(referred to as “Psychological criminal
difference.
behaviour”).
affordable
for
offender
Behaviour of criminals needs to be studied
It can be safely surmised that criminal
to understand the offender better and
behaviour is any kind of anti-social
answer questions like: Who are criminals?
behaviour which is punishable by law or
Why do they commit an offence? How do
norms defined by the society and as the
they think? These questions need to be
society goes through a continuous change it
answered in order to predict their future
becomes difficult to arrive at exact
actions and define ways to prevent crime.
definitions of criminal behaviour. For what was
once
considered against
the
prohibition law,
or
There exists four general definitions of
violation
becomes
criminal behaviour that can fit all the types.
acceptable as the society undergoes change.
These four areas include the following types of acts:
Distinguishing delinquency from a criminal act is important. Delinquency is considered
1. Prohibited by law and are punished by the state.
to be acts that are prohibited by the norms of the society while criminal acts is a
But They All Come Back – Rethinking the Incarceration System in India
9
violation of the laws existing in a society
Measurement of criminal activity is usually
which are clearly defined by the state.
carried out on the basis of arrests and
Many times an individual’s psyche or
charges, self-reported offences (which are
circumstances may result into criminal
seldom inaccurate) and actual crime rates
activity or it may increase the probability of
obtained from governmental organisations.
the individual engaging in criminal acts.
Based on this data, crime reports are drawn
This may be due to a multitude of issues
up. This facilitates in categorising crimes
like poor parenting, lack of education,
based on types of crimes and types of
media influence, behavioural disorder, poor
offender characteristics like age, race,
temperament, anti-social beliefs etc.
gender, vital stats, etc.
But They All Come Back – Rethinking the Incarceration System in India
10
CAUSES OF CRIMINAL BEHAVIOUR “There is no map to human behaviour.” - Bjork The reasons behind criminal behaviour can
determine
vary a lot in each particular case, but they
criminal behaviour. Hence, it is impossible
still can be grouped into two main
to
categories – genetics and environment.
according to some specific factors, but one
(Criminal Psychology, 2016)
can still highlight some circumstances that
predict
one’s a
inclination person’s
towards
“criminality”
can lead to criminal behaviour. Genetics was considered as the sole reason that led to an individual’s criminal
•
behaviour by a number of psychologists during
the
mid-19th
century.
Financial problems, or starvation –Is more dominant in third world countries.
They
When an individual cannot provide for
concluded that the measure of parents’
the family, he or she is forced to turn
mental condition could indicate the child’s
towards a life of crime. The inclination of
inclination towards criminal behaviour. But
a person towards crime increases when
the modern approach, based on researches
he struggles everyday just to survive the
and experiments, opined that both genetics
next.
as well as the environment of an individual
•
Low social status –It is evident that the
plays an important role in indicating the
people with low social status are often
individual’s inclination towards criminal
bullied in the society in various ways.
behaviour.
They, in turn, may become aggressors and move towards criminal behaviour.
The
present
day
psychologists
and
criminologists believe that there exists
•
innumerable factors involved in driving a person towards criminal behaviour. This proves
that
solely
genetics
cannot
But They All Come Back – Rethinking the Incarceration System in India
Genetics –Some individuals possess genetic probability of contracting certain mental disorders like schizophrenia which may lead to aggressive behaviour.
11
THEORIES OF CRIMINAL BEHAVIOUR Criminal behaviour can be implicitly
approaches to criminal behaviour. These
understood only if we are aware of the
are listed below:
reasons why an individual indulges in such kind of behaviour. There have been many
•
The individual is the primary unit of
theories explaining the criminal behaviour,
analysis. Individual being is considered
reason behind it and how best can this
to be responsible for the acts he/she has
problem be tackled. There are innumerable
conducted.
ongoing researches on such theories which have a
considerable
impact
•
Personality drives
behaviour
within
individuals because it is the major
on the
forensic/criminal psychologist’s work.
motivational
element.
Abnormal,
dysfunctional or inappropriate mental Three broad models of criminal behaviour
processes
are:
personality can result in crime.
psychological, sociological
biological models.
and
It is difficult to
•
completely separate them. It is generally
of
behaviour.
Though
psychological principles can be applied
the
individual’s
An individual may have a purpose of criminal behaviour if it addresses certain
accepted, that all of them play a role in the interpretation
within
felt needs. •
Normality is generally defined by social consensus, i.e., what is considered as
across all the three models, they all have
“typical,” “normal,” or “acceptable” by
some specific pointers which can be
the majority of individuals in a certain
implemented across different crime control
social group.
policies. •
PSYCHOLOGICAL APPROACHES
Defective or abnormal, mental processes may be caused by a variety of factors such
as diseased learning
According to Criminal Psychology, 2016,
inappropriate
there are several fundamental assumptions
conditioning,
that are common for all the psychological
inappropriate role models and adjustment
the
or
mind, improper
emulation
of
to inner conflicts. But They All Come Back – Rethinking the Incarceration System in India
12
In brief, crime control policies based on
Theory, Social Control Theory and
psychological principles target individuals
Theory of Differential Association and
and try to prevent criminal behaviour from
many others. The main ones are briefly
this standpoint.
Psychology plays an
described below.
important
in
role
framing
policies
pertaining to training, education, promotion
STRUCTURAL STRAIN THEORY
of
American
self-awareness,
rehabilitation
and
sociologist
Robert
K.
resocialization. In addition, psychologists
Merton developed structural strain theory
have long recognized that the best predictor
as
of future behaviour is past behaviour of the
perspective on deviance. This theory traces
individual. (Mischel, W. 1968).
the origins of deviance to the tensions that
of the
functionalist
goals and the means people have available to achieve those goals.
In this approach scientists examine criminal behaviour from a sociological point of view. The majority of sociological theories believe that the criminal behaviour is mainly influenced by a combination of social surrounding, political and economic factors.
As per this theory, a society consists of a social structure and a culture structure. The culture in a society sets the goals for people to achieve while the social structure provides the means by which people can achieve these goals. The culture structure and the social structure is balanced in a
Factors such as examining a person’s race, neighbourhood,
family,
education,
intelligence, career, childhood history are taken into consideration to diagnose the reason behind an individual’s criminal behaviour. In this case, offenders are not considered as bad people but as a person is
extension
are caused by the gap between cultural
SOCIOLOGICAL APPROACHES
who
an
wrongly
influenced
by
the
misdoings and atrocities of the society.
well-integrated society. The individual in a well-integrated society achieves their goals through the right means (norms accepted by the society). But, at times, the social structure can even to provide the means to achieve these goals. As such there can be an imbalance between the goals set and the means to achieve them. This leads to deviant behaviour.
There are many different theories seeking to explain criminal behaviour such as: Structural Strain Theory, Labelling But They All Come Back – Rethinking the Incarceration System in India
13
SOCIAL DISORGANIZATION THEORY
between deviant groups and non-deviant
The theory directly links crime rates to
society.
groups with respect to the laws of the
neighbourhood ecological characteristics; a core principle of social disorganization theory is that place matters. In other words, a
person's
residential
location
is
a
substantial factor shaping the likelihood that that person will become involved in illegal activities. The theory suggests that, among determinants of a person's later illegal activity, residential location is as significant as or more significant than the person's individual characteristics (e.g.,
There exists a kind of branding or labelling that prevails by the people in power who dominate the forces of law and order and by people who enforce these laws (police, courts, experts, etc). People who are powerful in terms of gender, class, race or overall social status impose rules on lesser mortals and issue labels which categorise deviance in different groups and in turn strengthen
the
power
structure
and
hierarchies of the society.
age, gender, or race). For example, the theory
suggests
that
youths
from
disadvantaged neighbourhoods participate in
a subculture which
approves
of
SOCIAL CONTROL THEORY Travis Hirschi developed a functionalist
delinquency, and that these youths thus
theory
that
propounds
acquire criminality in this social and
behaviour
cultural setting. The theory is not intended
weakening of social bonds of a person or a
to apply to all types of crime, just street
group. It is believed that people are often
crime at the neighbourhood level.
attached or affected by what the society
occurs
when
that there
deviant is
a
thinks about them and so they conform to
LABELLING THEORY
the
society
expectations.
Hence,
One of the theories that explains deviant
socialization induces conformity in people
and criminal behaviour in sociology is the
to follow social rules and when this
Labelling Theory. It proposes that no act is
conformity is broken the deviance occurs.
inherently criminal. In fact, people in power
Social control theory explains the manner
are the ones who define criminality and
in which deviants are affected or unaffected
codify laws which are then interpreted by
by the common value system and the
the
correctional
situation that forces them to go against
facilities. Accordingly, deviance is a
these value systems. It has been realised
police,
courts,
and
process in which there is interaction But They All Come Back – Rethinking the Incarceration System in India
14
that every individual in his or her life
individual’s biological makeup. According
experiences some impulse towards deviant
to Raine Study, the causes may be Heredity,
behaviour but it is kept in check due to the
Neurotransmitter dysfunction and brain
individual’s attachment to the social norms.
abnormalities. There exists many theories that share biological approaches such as: Trait
THEORY OF DIFFERENTIAL
and
Psychodynamic
Theory,
Lombroso’s Theory, Y Chromosome
ASSOCIATION
Theory and others.
The theory of differential association is a learning
theory that
focuses
on
the
processes by which individuals come to
LOMBROSO’S THEORY
commit deviant or criminal acts. According
Cesare Lombroso (1835-1909) was an
to the theory, created by Edwin H.
Italian psychiatrist and military medical
Sutherland, criminal behaviour is learned
doctor who developed theories about the
through interactions with other people.
criminals based on their physical traits. His
Through
and
theories are no longer valid today. Only
communication, people learn the values,
credit which can be given to Lombroso is
attitudes, techniques, and motives for
that he was the pioneer in inducement of
criminal behaviour.
scientific methods to criminology.
Differential association theory emphasizes
Lombroso's
the interaction people have with their peers
anthropological criminality
and others in their environment. Those who
rejected the classical school of thought that
associate with delinquents, deviants, or
crime was a characteristic trait of human
criminals learn to value deviance. The
nature. The theory instead stated that
greater
criminality was inherited, and that someone
this
the
interaction
frequency,
duration,
and
could
of essentially
intensity of their immersion in deviant
"born
environments, the more likely it is that they
by physical (congenital) defects, which
will become deviant. (Crossman. 2016)
confirmed a criminal as savage or atavistic.
BIOLOGICAL APPROACHES
Although anthropometric measurements
Biological theories purport, that criminal
criminal"
theory
be
identified
were correct, the connection between human physical traits and criminality was deceptive.
behaviour is caused by some flaw in the But They All Come Back – Rethinking the Incarceration System in India
15
According to Lombroso, biological traits of
the Super-Ego. Ego is something that
a born criminal would include the following
develops over a period of time, something
: A large jaws, forward projection of jaw,
that the individual acquires or learns
low sloping foreheads; high cheekbones,
overtime. It reasons with the ‘ID’ and starts
flattened or upturned nose; handle-shaped
controlling it as it realized always giving
ears; large chins, very prominent in
into
appearance; hawk-like noses or fleshy lips;
consequences, and to avoid it, the urges
hard shifty eyes, scanty beard or baldness
need to be checked.
the
‘ID’
can
have
undesired
and insensitivity to pain. Lombroso finally concluded that a criminal would have long
intimate relationships in the beginning of
arms.
one’s life is very essential for the formation of the Super-Ego. It is clinically proven that
FREUD’S PSYCHODYNAMIC
strong, though not necessarily lasting
THEORY Psychoanalyst
The formation of dependent, trusting and
damage can be done to a child’s mental Sigmund
Freud
split
personality into three parts – The ID, the
development if it is rejected by or separated from its mother during the first five years.
Ego and the Super-Ego. According to him ‘ID’ is the most primitive part of the human
The failure of the Super-ego which usually
mind in its unconscious state. It basically is
is a result of unloving or absent parent has
about the most basic of biological needs of
rendered
a human – the urge to eat, drink, be warm
psychologically prepared for a life of crime.
etc. It is driven by desire and seeks pleasure
If there is no formation or incomplete
and is absolutely illogical.
formation of the Super-Ego then the
many
an
individuals,
individual may have no conscience and The needs of the ‘ID’ needs to be controlled
have no reason to restrain its desires in this
or repressed which is done by the Ego and
case, his criminal tendencies
But They All Come Back – Rethinking the Incarceration System in India
16
CHAPTER 3: PRISON AND PUNISHMENT Why do we punish? Why do we use prison instead of other types of punishment? In this
chapter,
we
discuss
about
the
fundamental rationale for the existence of prisons. What do we want them to be? The logic behind prison may seem obvious, but the philosophy and justification for prison has changed over time. Punishment is a natural response to fear and injury, and prison
seems
to
be
our
favourite
punishment.
But They All Come Back – Rethinking the Incarceration System in India
17
PHILOSOPHY OF PUNISHMENT Punishment, as defined by Newman (1978),
impersonal and always balanced. It must be
is as follows: “Punishment is a pain or other
done by a lawfully authorized party and it
unpleasant consequence that results from an
must be done only after procedural due
offense against a rule and that is
process. Note that the definition of
administered by others, who represent legal
punishment strictly limits what can be done,
authority, to the offender who broke the
and by whom; otherwise inflicting pain or
rule”. Hence, in straight terms, punishment
discomfort would not be justified under the
involves
retributive rationale.
the
infliction
of
pain
or
discomfort. Generally, infliction of pain on
The ideology of the right a society has to
someone would be wrong but it can
punish a member stems from what can be
surprisingly be justified using two basic
called a social contract. The inception of
channels
this social contract can be dated back to the
of
thought:
Retributive
Rationale and Utilitarian Rationale.
Ancient Greeks but is known to have
Under retributive rationale, the infliction of pain is justified as long as the punishment is deserved. On the other hand, the utilitarian rationale justifies the punishment’s infliction of pain as long as it results in some “greater good” such as reduced
crime
due
to
deterrence,
incapacitation or rehabilitation.
reached a greater level of popularity in the 17th and 18th centuries and can be associated with Thomas Hobbes’s Leviathon (1651), John
Locke’s
Two
Treatises
on
Government (1690), and Jean-Jacques Rousseau’s Du Contrat Social (1762). The basic concept of a social contract proposes that all people freely and willingly enter into an agreement to form a society by
RETRIBUTIVE RATIONALE
giving a portion of their individual freedom
Retribution is a term that means balancing
to seek a return benefit of protection. If a
a wrong through punishment. (Pollock,
certain individual violates the rights of the
2014) While revenge is a personal act and
other society members, that individual has
not necessarily one that is in proportion to
broken the social contract and is liable for
the
punishment. (Mickunas, 1990)
victim’s
injury,
retribution
is
But They All Come Back – Rethinking the Incarceration System in India
18
One problematic element of the social
because it improves their soul or character
contract is the assumption that everyone
(Murphy, 1995).
willingly plays a part or has a hand in the agreement to abide by the society’s laid out norms and laws. Many authors and theorists suggest that there exist certain factions within the society that are disenfranchised by the system and play no part in its creation. Such factions believe that the whole system operates for the benefit of a
Deterrence is known to be the most common justification for punishment. General deterrence is when the punishment given to a certain individual influences others not to commit a crime. Specific deterrence
is
when
the
individual
himself/herself does not commit any further crimes due to the punishment.
few citizens and their allies. The In short, the retributive rationale says that punishment, as long as it is inflicted upon wrongdoers in proportion to their crime, is a natural response and a societal right.
Utilitarian
admirers
in
Rationale various
has
thinkers
found and
philosophers around the world. Jeremy Bentham was one of them. Inspired by the utilitarian rationale he conceived the theory
UTILITARIAN RATIONALE
of ‘Hedonistic Calculus’. It involved two
The
defines
essentially rational and hedonistic (pleasure
punishment as evil due to the infliction of
seeking) and would seek to maximize
pain and discomfort but this is justified by
pleasure and reduce pain in all behaviour
the greater good it results. Utilitarianism is
decisions; and second, that a legal system to
the ethical system whereby anything is
accurately determine what measure of
defined as good as long as it results in the
punishment was necessary to slightly
greatest good for the majority of the
outweigh the potential pleasure or profit
society. Only if punishment does not deter,
from any criminal act. Thus, if done
incapacitate or facilitate rehabilitation of
correctly, the potential pain from a
the offender, it would be considered wrong
punishment would be sufficient enough to
under this rationale.
outweigh the potential pleasure or profit
Utilitarian
Rationale
concepts:
first,
that
mankind
was
is
from crime and all people would rationally
consistently found in numerous books of
choose to be law abiding members of the
history and mythology. Plato argued that
society.
This
rationale
for
punishment
punishment is a benefit to the person
But They All Come Back – Rethinking the Incarceration System in India
19
Bentham is also credited with the inception
principle of utility, if it ought at all to be
of another theory commonly known as
admitted, it ought only to be admitted in as
‘Principle of Less Eligibility’. Originally,
far as it promises to exclude some greater
this concept was applied to poorhouses.
evil…. It is plain, therefore, that in the
This theory believes that if the poorhouses
following cases punishment ought not to be
were too comfortable, then men would
inflicted.
choose to be idle over work; therefore
•
living conditions in the poorhouses should
no mischief for it to prevent; the act not
be worse than the life of the lowest paid worker (Sieh, 1989).
This theory was
being mischievous upon the whole. •
applied and continues to apply to various
conditions of the poorest person in the
mischief. •
This
has
produce would be greater than what it
invariably
influenced the programs and architecture of prisons around the globe.
Where it is unprofitable, or too expensive: where the mischief it would
society else people will choose crime over law-abidingness.
Where it must be inefficacious: where it cannot act so as to prevent the
prisons whereby the conditions of the prison must be worse than the living
Where it is groundless: where there is
prevented. •
Where it is needless: where the mischief may be prevented, or cease of
There is always public antipathy towards
itself, without it: that is, at a cheaper
prisons that are considered too ‘luxurious’.
rate. (Beccaria, as cited in Murphy,
Consistent with this idea, perhaps, is the
1995)
fact that some of the best prisons (on a variety of standards) exist in Scandinavian countries, which also have some of the highest standards of living (Sieh, 1989).
The social contract can also be advocated as a basis for a utilitarian rationale. In this case, the social contract gives the society a right to punish not because of the
Another
advocate
of
the
utilitarian
individual’s violation but rather to protect
rationale, Cesare Beccaria, suggested that
the members of the society from future
the benefits of punishment do not outweigh
harm. The social contract sees this approach
the evil as illustrated by the following
of punishment as a means to an end – the
quote:
end being deterrence (general or specific),
But all punishment is mischief: all
incapacitation or rehabilitation (reform).
punishment in itself is evil. Upon the
But They All Come Back – Rethinking the Incarceration System in India
20
Incapacitation refers to disabling an
inflicting pain as a learning tool (behaviour
individual from inflicting further harm or
modification) or by other interventions that
committing violations for at least as long as
are not painful at all (for example, self-
the individual is under control. It does not
esteem groups, education, religion).
necessarily imply pain. House arrests, electronic bracelets, drug induced sleep and other methods of monitoring offenders are alternatives to imprisonment. Prison, of course, has become synonymous with incapacitation.
To conclude, the utilitarian rationale for punishment must determine that the good or acceptable
behaviour
resulting
from
punishment outweighs the inherent evil of the punishment itself. The beneficial aspects of punishment include deterrence,
Rehabilitation is defined as internal change
incapacitation and rehabilitation or reform.
that results in a cessation of the targeted
(Pollock, 2014)
negative behaviour. It may be achieved by
But They All Come Back – Rethinking the Incarceration System in India
21
PHILOSOPHY OF IMPRISONMENT “Prison is, simply put, the bottom rung of the welfare ladder.” – Stephen Reid, A Crowbar in the Buddhist Garden
Prisons are regarded as one of the most
“heart,
complex institutions of punishment in
inclinations of the prisoner” (Howe, as cited
present times. It affects a prisoner on a
in Pollock, 2014). Numerous experts in the
multitude of levels. Prisoners can earn little
field of penology and criminology have
or no income while being incarcerated.
come to accept that the most detrimental
They may lose their job and livelihood
effects of a prison are not on the body but
thereby affecting their
lifetime
on the mind of the criminal. Mental and
earnings and savings. Imprisonment may
moral deterioration is by far a greater cause
physically affect the inmates from abuse by
of concern than physical deterioration and
correctional officers or guards, other
it is very difficult to measure the mental toll
inmates or from illnesses or injuries left
a prison has on its population.
total
untreated. Apart from the aforementioned points, imprisonment most importantly and viciously attacks the psyche of a prisoner. In most cases, the environment within a prison is a breeding place for negativity that takes part in the mental deterioration of a prisoner. Due to this, many describe a prison as a “psychological punishment” (Mickunas, 1990).
the
thoughts,
the
will,
the
As mentioned earlier, retributive rationale for a prison requires that imprisonment be inflicted in proportion to the severity of the crime committed. The utilitarian rationale for a prison requires imprisonment only and only if it results in some greater good for the society in that it deters or incapacitates the offender from committing more crime or it rehabilitates the offender so that he or she
According to some, prison in its most
does not turn back to crime upon release.
severe form attacks “the soul”; it acts on the
The success of a prison at doing any of these is a subject of debate.
But They All Come Back – Rethinking the Incarceration System in India
22
The retributive and utilitarian rationales of
“new wilderness”. In this way, the society
punishment,
was protected as long the offender was kept
specifically,
elements
of
deterrence and incapacitation, were strong throughout America and Europe prior to the 1820s. To deter and punish was the justification of all forms of punishment, specifically imprisonment in gaols and houses of correction.
incapacitated. However, the new penitentiary was also viewed by some as redemptive and capable of changing the individuals within to become better people (Conley, 1992). This led in a shift in the rationale for
[C]learly the colonists relied on
imprisonment
from
societal retribution as the basis for
incapacitation
to
punishment and viewed the execution
rehabilitation.
of punishment as a right of the
or
and
the reformative origins of the prison
was the fault of the offender, not the society
reformation
in the field of social sciences, proposed that
war against individual sin. Deviance
of
and
David J. Rothman, an author and professor
society to protect itself and to wage
breakdown
deterrence
emerged in the 1820s and 1830s. In his
the
book, The Discovery of the Asylum (1971),
community. . . . (Conley, 1992)
Rothman voices that before the 1800s,
Imprisonment in the late 1700s was not
punishment was purely retributive and was
necessarily acknowledged as a reformative
strongly associated with expiation – a
one but it was seen as a more humane form
religious
of punishment in comparison with corporal
redemption through suffering. People were
punishment utilised during earlier times
viewed as not capable of reform. Only once
(flaying,
beheading,
the possibility of reform and rehab in an
dismembering). The offender was seen as a
individual was observed, did the idea of
diabolic and weak entity, often someone
prison as a site for reform develop.
whipping,
that the society would consider a threat. Although gaols (a type of jail) existed within
the
community
the
idea
of
term
meaning
personal
Separation, obedience and labour became the
trinity
around
which
authorities
managed the penitentiaries. Convicts were
penitentiaries, a type of banishment,
“men of idle habits, vicious propensities
surfaced in the early 1800s. Earlier societies
and depraved passions,” who had to be
banished the wrongdoers to the wilderness; penitentiaries, which were usually built far
taught
obedience
as
part
of
their
reformation (Rothman, 1971). Education of
away from an urban area, became a kind of But They All Come Back – Rethinking the Incarceration System in India
23
such ethics by the authorities would
technology, led to the emergence of
reinforce
and
educated professionals in the subject of
community within the convicts. The
penology to believe that science could play
penitentiaries would reawaken the public to
a major role to solve an individual
these “virtues” and “promote a new respect
prisoner’s
for order and authority” (Rothman, 1971).
treatment and a more case-to-case based
the
value
of
society
Early 1800s witnessed great enthusiasm in the ideology of such a prison that could bring about betterment within the society for not just offenders but everyone. Rothman (1971) cites a Reverend Finley to
problems.
study with
scientific
Individualised
objectivity and
professionalism were the tools adopted to replace the older thought of ‘religious reformation’. The prison was no longer viewed as a utopia for society to emulate. It was viewed instead as a laboratory in which
concrete this development:
social work and psychiatry would work to Could we all be put on prison fare,
help change people’s behaviour. (Pollock,
for the space of two or three
2014)
generations,
the
world
would
ultimately be the better for it. Indeed, should society change places with the prisoners, so far as habits are concerned, taking to itself the regularity
and
temperance
and
sobriety of a good prison, then the grandiose goals of peace, right and Christianity would be furthered.
The philosophy of imprisonment originated with a retributive and utilitarian approach, moved to a reformative one and then drifted back to retribution post the 1900s. By the 1970’s,
however,
the
philosophy
of
imprisonment returned back to the concepts of reformation and rehabilitation. This era was a short lived one. The 1980s witnessed an explosion in the number of prisoners
The two systems that emerged penitentiary
leading
architecture – the Pennsylvania or Silent
ultimately forcing penal institutions to once
system and the Auburn system – both
again adopt the ideas of retribution,
heeded to the concepts of separation and
deterrence and incapacitation.
to
issues
of
overcrowding
obedience. Von Hirsch (1976) and Fogel and Hudson The origin of penitentiaries in the 1800s
(1981) were frontrunners in criticising the
evolved from the outlook of religious
rehabilitation era. Although they had
reformation. Early 1900s, faced with an
different approaches, the all critiqued the
explosive growth in the field of science and
idea that prison should be anything more
But They All Come Back – Rethinking the Incarceration System in India
24
than punishment. Their approach merged
prevention (i.e., deterrence and
the ideas of retributivism and utilitarianism
rehabilitation)
to mould a new type of retributivism. According
to
Von
Hirsh’s
(1976)
philosophy: •
•
• •
The existing rationale of imprisonment continues to be a retributive one. Numerous famous thinkers and philosophers such as
The liberty of each individual is to
Todd Clear (1994) refer to this era as the
be protected so long as it is
“penal-harm movement”. The term has
consistent with the liberty of others.
been coined to convey that the rationale of
The state is obligated to observe
imprisonment starting from the early 1980s
strict parsimony in intervening in
has generally been a punitive one taking
criminals’ lives.
inspiration from retribution and seeking
The
state
must
justify
each
very little or nothing from the concepts of
intrusion.
rehabilitation
and
reformation.
This
The requirements of justice ought to
philosophy has actively contributed to the
constrain the pursuit of crime
phenomenal growth of the incarceration rate and the proliferation of prisons.
But They All Come Back – Rethinking the Incarceration System in India
25
RESTORATIVE JUSTICE: AN ALTERNATIVE PHILOSOPHY? “The purpose of the criminal justice system is both to rehabilitate and to punish. If we can rehabilitate somebody, that’s a huge, huge win.” -Blake Fasenthold Restorative justice has emerged as a new
or stigmatized by the experience, the
philosophy and alternative to the retributive
offender should feel more fully integrated
rationale or deterrence. Much of the
into his or her community. (Braithwaite,
concept has been borrowed from aboriginal
1989)
peoples, including the Inuit, Maori and Navajo (Perry, as cited in Pollock, 2014). The ideology behind restorative justice notes that the aim is not to inflict punishment on the offender but to rather restore all parties to a prior state of “wholeness”. This philosophy is also known as reparative justice or peacemaking justice. A basic dogma that surrounds restorative justice is the involvement of the victims in the search for a resolution that meets the
Mediations and conferences between the victim and offender are often a part of restorative justice efforts (Bazemore & Maloney, as cited in Pollock, 2014). Restitution is also consistent with the ideals of restorative justice, but only if it is tied with specific needs of a victim and is meaningful to both (Schweigert, as cited in Pollock 2014). The current understanding of prisons that prevails in the society does not really fit in with the rationale of restorative justice.
needs and can be realised by all parties in consensus. Another important component
Customarily, prison is associated with
of this philosophy is that the offender is not
punishment. Whenever a violation takes
to be condemned but rather needs to be
place, the offender is punished by putting
helped to make understood and see how he
him behind bars. Restorative justice
or she can repair the damage done. It is very
believes that making amendments for
important to treat the offender as a member
wrong doings or any other kind of
of the community. Far from being banished
mediation is a better solution to the problem
But They All Come Back – Rethinking the Incarceration System in India
26
than inflicting punishment on the offender.
some argue that restorative justice must be
Only in cases of serious violent crimes
included in the philosophy and rationale of
would
be
prisons in order for them to be a worthwhile
inappropriate. Prisons can be termed as a
endeavour (Pollock, Hogan, Lambert, Ross
type of banishment. Individuals who are
& Sundt, 2012). Programs do exist in
sent to prison get banished from the society
prisons around the world that advocate the
and no longer feel as part of the community.
principles and ethics of the restorative
Prisons not only injure the individuals but
justice rationale. Such prisons offer inmates
also injures the community because of loss
with a chance of giving back to the society
of the individual from the community.
and reparation by inculcating activities like
Thus, prison is basically inconsistent with a
victim-offender reconciliation programs or
restorative justice philosophy; however,
community
some argue that prison might become
producing
restorative if it were to fundamentally shift
charitable
its emphasis and objective to reparations to
cleanliness drives or even training service
specific victims and to safeguarding the
animals.
restitution
and
mediation
service materials
programs and
organizations,
goods
like for
organizing
dignity and humanity of the offenders (Perry, as cited in Pollock, 2014). In fact,
But They All Come Back – Rethinking the Incarceration System in India
27
LOOKING FORWARD.. Recently, there seems to be a renewed
The philosophies and rationales behind
attention on the treatment of prisoners re-
prison and punishment have been in a state
entering the society. Interestingly, the term
of constant change throughout human
‘reintegration’ was actually coined in the
history. The penal enterprise has always
late 1970s. After an almost complete
been in anarchy. It has always been
absence of public attention for over 30
associated with more than one philosophy
years, the problem of prisoners re-entering
or rationale. Public thought and prison
the society has arisen again in 2000s around
philosophy act as two opposing weights of
the world.
the same balance that keep trying to nullify
Years of research and study has now led the
each other to reach an equilibrium. They
common man including the inmates believe
always
strongly that the main objective of
answerable to each other. As the public
imprisonment
to
thought has changed with respect to crime
rehabilitate. But in actuality, this has never
and penology, so has the philosophy behind
been the case for last so many decades.
prison and punishment. If one side asks of
and
punishment
is
work
hand-in-hand
and
are
proof that imprisonment deters crime, we It is noticed that there is no proof
are told it's retributive. If the masses are
supporting the different rationales of
debating about locking their brothers
punishment. A thought persists that one can
behind bars, they are taken on educational
never be sure if imprisonment of criminals
tours and shown the carpentry and
stops them from committing crimes. Some
apprentice programs and pushed to prove
theorists and factions of the society strongly
that all this is good for them. If public thinks
argue that crime rates and prison rates have
that prison are vacation homes for criminals
no relationship with each other. This
then one is shown the perils of living in the
implies that imprisonment does not lead to
prison
decline in crime. Similarly there is also no
philosophy
evidence that treatment programs reduce
concepts. It is impossible to imagine a
crimes. The same applies to the research on
society with prison. Thus it is important to
education and vocational training in
come to common platform of understanding
prisons.
of what to expect from the penal system.
But They All Come Back – Rethinking the Incarceration System in India
environment. has
But
the
continuously
penal shifting
28
CHAPTER 4: PRISON AND ARCHITECTURE This chapter speaks about how architecture responds and relates to the institution of a prison and helps it realise the philosophy it is built on. Also, we see how the prison has evolved over the years with respect to architecture
and
some
of its basic
classification typologies.
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29
PRISON ARCHITECTURE Creating
built
environments
and
form ever follows function. This is the law.”
surroundings that provide a setting for human activity and interactions draws on
The architecture of a building reflects its
multiple disciplines including architecture
function and prisons are no different.
and law. Prisons can easily stand as paragons for such built environments whose intended purpose is punishment, deterrence,
incapacitation
and
rehabilitation. Human history has stood evidence to prison architecture always being as a direct physical translation of the societal thought of that era. From ancient Rome’s eerie Mamertine prison (a dungeon complex built under the city’s sewer system in 640 BC) to the humane and amiable spaces of Norway’s Halden prison, prison architecture proves much about how a society responds to and sees fit to treat an individual who violates the law. As expressed in Louis Sullivan’s quote:
Evolution in prison architecture is constant and is based on each society’s social climate and demands. Early prison designs found its origins in the concepts and ideologies of the Church with regard to penance and retribution. Modern prison designs have their foundations set in modern
concepts
and
rationales
of
punishment but a majority of prisons use deprivation of liberty through rigor and lack of privacy as a medium to treat the criminal. In turn, implications of prison architecture constitute far more than the mere idea of punishment. Prisons have turned into spaces where the architecture and the built environment have a lasting impact on the
“It is the pervading law of all things
mind set of an individual – whether an
organic and inorganic, of all things
inmate or a member of the staff.
physical and metaphysical, of all things
human
superhuman,
and
all
things
of
all
true
Jim Davis (2009) in an article from The New York Times Magazines notes that:
manifestations of the head, of the heart, of the soul, that the life is recognizable in its expression, that
“It sounds odd to say, but it’s nonetheless true: we punish people with architecture. The building is the method. We put criminals in a locked
But They All Come Back – Rethinking the Incarceration System in India
30
room, inside a locked structure, and
a former tobacco warehouse designed to
we leave them there for a specified
produce and maintain high humidity.
period of time. . . It wasn’t always
Another example is Mumbai’s Arthur Road
so. Prison is an invention, and a
Jail built in the 1920s.
fairly recent one at that: it wasn’t
ideologies result in an architectural product
until
that
and environment that promotes a factor of
incarceration became our primary
negativity. Opposed to other institutions of
form of punishment.”
society that are designed on the guidelines
the
18th
century
Custodial architecture has always given more
significance
to
security
considerations and austere living conditions with very little attention being paid towards the creation of healthy living environments for prisoners. The viciousness of such permanent and hardened environment within the boundaries of a prison is known to result in drastic and erratic behaviour within inmates leading to extremities like suicide, insanity, depression and a whole
Such prison
of “grandeur” and “beauty”, a prison is generally a brutal and hardened institution with an overall grim aura surrounding it. Where the whole belief behind architecture is to make a space more liveable and comfortable for its occupants, most prisons today experience a diametrically opposite phenomena. Negligence by authorities have turned
these
spaces
into
grotesque
examples of poor human living conditions and sources of epidemics.
assortment of different mental diseases.
Unfortunately
Stagnant spaces like these have affected its
incorporate designs that promote the health
users resulting in stress, loss of self-control,
of inmates or correctional workers. Ideally,
confidence and self-esteem.
modern prison designs should incorporate
For the past few decades, prison designers have faced the complex challenge of building prisons that serve many functions in a confined space and health improvement is usually accorded low priority in this regard. This challenge clearly becomes
adequate
modern
ventilation,
prisons
positive
rarely
interior
distractions and access to daylight, nature, art, symbolic and spiritual objects. It is also important to create an attractive and inviting
space
that
promotes
social
interaction and social support.
greater with old prisons that were designed
Despite many examples to the contrary,
with different objectives and punishment
some strides have been made in the
philosophies. Israel’s Damon Prison, for
construction of health-promoting prisons
example, lodges twenty prisoners per cell in
that provide humane living conditions.
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31
Many recently constructed prisons in
cruel punishment and are not conducive to
Europe have adopted architectural designs
prisoners’
with salutogenic effects. For example,
humanistic
Norway’s Halden prison is regarded as the
incarceration is strengthened greater by a
world’s most humane prison design. The
20% recidivism rate, which is less than half
exterior consists of bricks, galvanized steel
that of the United States or the United
and larch, rather than concrete, which is
Kingdom. The positive impact of such
more aesthetically pleasing. Internally, the
prisons on prisoners’ health as well as the
design incorporates art murals, jogging
recidivism rate is affirmed by reviews
trails and a freestanding two-bedroom
showing that good prison designs facilitate
house where inmates can host their families
custodial harmony, improve the wellbeing
during overnight visits. This prison was
of prisoners and staff and improve the
designed to reflect Norway’s humanist
prospects of prisoners’ rehabilitation and
philosophy in penology, which posits that
re-entry into the society (Fairweather &
repressive prison environments constitute
McConville, 2000).
But They All Come Back – Rethinking the Incarceration System in India
rehabilitation.
Norway’s
philosophy
towards
32
PUNISHMENT BY DESIGN – EVOLUTION OF PRISON SYSTEMS
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33
BIRTH OF THE PRISON Foucault’s Discipline and Punishment: The Birth of the Prison analyses the development of punishment within its social context. Punishment throughout the ages have been directed either to one’s body (through pain or loss of liberty) or to one’s possession (forfeiture or fines).
Methods of corporal punishment have included flaying, whipping, and beheading, dismembering and other means of torture or death (Newman, 1978). Execution was an economic as well as corporal punishment as the person’s estate was forfeited to the sovereign. This spectacle of torture was used to establish the sovereign’s power over the citizens, so as to deter any further crime by other citizens. Before 14th century, prisons were simply used to hold people until they were either executed, paid their fines or were subjected to some form of corporal punishment (Conley, 1992). It wasn’t until 1700s that imprisonment for minor crimes became common. Instead of using torture of the body to leave the sovereign’s mark on the individual, the new system turned the criminal into the property of society.
Today,
punishment
is
synonymous
with
imprisonment.
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34
BENTHAM’S PANOPTICAN Jeremy Bentham, an English philosopher and social theorist, spearheaded the ideology behind The Panopticon in 1785. The concept of the design was to allow the observer to observe (-opticon) all (Pan-) prisoners without the incarcerated being able to tell whether they were being watched or not. The plan of The Panopticon was essentially circular with a ring of cells facing
inwards
towards
a
central
watchtower. The back of each cell was lit Figure 8: Elevation, Section and plan of Panopticon prison| Source: www.wikipedia.org
so that the shadow of the figure was easily
distinguishable.
Within
the
watchtower a lone guard could view each and every prisoner. A system of louvres and the inside of the tower being kept dark did not allow prisoners to see the guard. Visibility was a trap (Foucault, 1973). “He is seen, but he does not see; he is the object of information, never the subject of communication.” – Foucault, Discipline and Punishment: The Birth of Prison
The prime concept of this design was that the prisoner would never know when he/she was being watched. This was intended to instil a sense of omnipresence over the individual, so, when he/she was to return to the society, this feeling of being watched lingered over them.
But They All Come Back – Rethinking the Incarceration System in India
35
Though never built, The Panopticon influenced the development of the two major
systems
of
incarceration,
the
Pennsylvania and Auburn systems in the early 19th century. Historian Dell Upton refers to systems like these as “optimistic repression.”
ANALYSIS AND OBSERVATIONS Even though the Panopticon was to be used in a dehumanizing way, common public was allowed to enter the premises and the watch tower as well. The fact that the public Figure 9: Artist’s impression of being locked up in the panopticon prison Source: www.studymore.org.uk
was allowed to view and gain their own opinions
and
perceptions
about
the
incarcerated is an important one. The Panopticon was also seen as a laboratory, where occupants could be studied, and societal norms determined, before having these norms compared back against these individuals. As such it became
In today’s time, prisons are completely isolated from society. The only source of information about the prisoners is the media which generally provides the public with a distorted image of the crime and criminals
a “cruel and ingenious cage.”(Foucault,
for monetary gains.
1973)
In order to break down the existing social
For Foucault, “Bentham’s disciplinary
stigma of going to prison and provide the
apparatus, the Panopticon, was a veritable metaphor for the economy and distribution of power and surveillance in modern society.” (Foucault, 1973)
released prisoners with a chance to succeed in society, it is of utmost importance to create a more transparent membrane for interaction between inmates and the public.
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36
PENNSYLVANIA SYSTEM (SEPARATE SYSTEM) John Haviland came up with the Pennsylvania or The Separate system in his
design
for
the
Eastern
State
Penitentiary which opened in 1829. This also came to known as the ‘Hub-andspoke’ plan. The design was based on a radial layout with seven different wings radiating from a central observation tower. The purpose of this tower was to provide the guards with unobstructed views and constant surveillance of the grounds of the prison Figure 10: Plan of Eastern State Penitentiary in 1836 Source: www.wikipedia.org
as well as of each of the wings. Each wing contained two ranges of large single cells 8feet x 12feet x 10feet high with hot water heating, a water tap, toilet and individual exercise yards the same width as the cell. Each cell had a rectangular opening through which food and work materials could be provided to the prisoners. Also, there were peepholes to allow the guards to keep an eye on the prisoners without being seen. The cells were made of concrete with a single glass skylight.
But They All Come Back – Rethinking the Incarceration System in India
37
The halls were designed to have a feel of a
ANALYSIS AND
church. The doors were small, so that the
OBSERVATIONS
prisoners would have a harder time getting out minimizing an attack to a security guard. This also forced the prisoners to bow while entering their cells.
The concept behind the design for this system took inspiration from aspects of religion and penance. The church viewed imprisonment as an instrument of isolation
The cells had private exercise yards so that
so as to modify the sinful and detrimental
the prisoners would not leave their cells for
behaviour of the prisoner. It was believed
the entirety of their sentence and could not
that the time spent in prison would help the
communicate with each other. It was made
inmates to reflect on the crime committed
sure that no two prisoners would be out at
constructively, seeking redemption. The
the same time and hence accordingly the
skylight in each cell was synonymous to the
exercise time for each prisoner was
‘eye of God’ reminding the prisoner that
synchronised. Prisoners were allowed to
God was always on a look out.
occupy themselves with gardening and even keep pets in their exercise yards.
Social isolation was the crux of this system. The ideology behind this was that
This system finally eventually collapsed
solitude, separation from vice and moral
due to overcrowding issues.
instruction would provide the prisoners with an opportunity to reform themselves through self-reflection and repentance.
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38
AUBURN SYSTEM (SILENT SYSTEM) The "Auburn system" evolved during the 1800s with a plan for inmates to work silently together during the day and return at night to individual cells. This system developed a distinct architecture of its own where cells were stacked, back to back, facing outwards into a floor to ceiling open space (Johnston, 2000). The cells did not have doors; they instead had bars to provide adequate ventilation which meant that prisoners could communicate between cells so guards were set on duty to enforce silence and discipline. Figure 11: Interiors of the Auburn State Prison Source: www.geocities.ws
During the day, prisoners worked together but in silence. They had their meals in a communal dining but in absolute silence. And at night, they were locked up in their individual cells and again silence was strictly observed. This system believed that hard work and strict routines would turn the prisoners into functional members of the society. As per the type of crime committed, the prisoners were separated and kept in different areas within the prison. Also, different clothing or uniform was utilised to separate each category.
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39
It was in the Auburn prison, that the popular
the prison. In fact, silk production was also
horizontal black and white striped uniform
undertaken during 1840s.
found its origin. Rather architecture, the
ANALYSIS AND
medium of silence was used to separate the
OBSERVATIONS
inmates. Most of the time the prisoners were together working and eating but in complete silence and were separated only at
The key point of difference between these two systems was that the separate system was
night.
identified
with
reformative
imprisonment, humanity and idealism, This system advocated two factors, one was
while the silent system was identified with
maintaining absolute silence at any given
retributive imprisonment, economy and
point of time for it was believed that lack of
realism.
speaking takes away the sense of self of the inmates
and
the
inmates
become
complacent and obedient to the authorities. The second factor was the community activities.
Constructive
activities
like
Thus, the Auburn system replaced the schedule of prayers, contemplation and humane conditions with work and hard labour.
making “nails, barrels, clothing, shoes and
Europe embraced the separate system due
boots, carpets, buttons, carpenter’s tools,
to its reformative imprisonment where else
steam
combs,
America embraced the Auburn system as it
harnesses, furniture, brooms, clocks, bucket
was believed that reforming inmates did not
and pails” was undertaken by the prisoners
work and cost efficiency was a much more
and completed to bring in money to support
important factor.
engines
and
boilers,
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40
PENTONVILLE PRISON In
1842
Pentonville
prison
was
constructed in Britain. It was a hybrid between the radial system and the separate system. Pentonville prison’s form did not change drastically from the other two systems, what made it impressive
was
its
perfection
and
complexity in terms of its philosophy (Evans, 1982). It followed a radial layout Figure 12: Radial layout of the Pentonville Prison Source: www.wikipedia.org
with a central hall and five radiating wings. The guards at the centre could easily keep an eye on the wings but they could not watch the individual cells from their positions. As in the separate system, the prisoners were isolated in the Pentonville prison too. This prison could accommodate 520 prisoners each having a cell 13 feet (4 m) long, 7 feet (2 m) wide and 9 feet (3 m) high with small windows on the external walls. Each cell opened onto a narrow landing in the gallery. Each cell was admirably ventilated and carried a water closet. This water closet would be constantly
blocked
or
used
for
communication so they were replaced by communal, evil-smelling recesses.
But They All Come Back – Rethinking the Incarceration System in India
41
systems was solved by this design. This model was not only replicated throughout Europe but it also influenced the design of New
Zealand’s
Mt.
Eden
prison.
Pentonville became the model for British prisons; a further 54 were built to similar designs over six years and hundreds throughout the British Empire. Figure 13: Artist’s impression of the Pentonville prison circa 1842 Source: www.wikipedia.org
ANALYSIS AND The Pentonville prison followed the regime of the silent system. Prisoners were not allowed to communicate with each other. When they were in the open to exercise they wore brown cloth masks and marched in silent rows. When they attended church they would sit in cubicles with their heads hidden from each other but visible only to the warden. In other words, it can be said that the Pentonville prison was not completely different from the other two systems rather it incorporated silence, strict discipline, separation and hard labour. It came to be known as the model prison. The problems of ventilation, heating and
OBSERVATIONS It was observed that this system gave rise to mental disturbances within the inmate population. Christopher Hibbert, in his book The English mentioned that "for every sixty thousand persons imprisoned in Pentonville there were 220 cases of insanity, 210 cases of delusion, and forty suicides". But compared to other older prisons, in this case, the conditions were better
and
involved
in
healthier. work
Prisoners
such
as
were
picking
oakum(tarred rope) and weaving. This model proved to be the end of the evolutionary change. (Evans, 1982)
communication inherent in the other
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42
OTHER SYSTEMS TELEPHONE POLE DESIGN The telephone pole design was popularly used between 1920s and 1970s. It was popular as it was easy to build barred grills across the pole and close them to confine offenders involved in a riot or disturbance which generally consisted of smaller groups. Hence, the telephone pole design prisons were primarily designed to control prison violence.
and a library. These buildings were separated and spread out over several acres within a secure perimeter. The objective was to allow inmates to move from one building to another. This movement outside in the open air rather than in a closed corridor created a positive effect on the environment of the prison. As well as, it encouraged decongestion as the location of the various buildings were decentralised which in turn further brought down the
As the name suggests, it was designed in a
likelihood of any tension occurring between
linear manner and consisted of a main
the inmates.
corridor with the cell blocks and program buildings extending from that corridor. It was quite secure as it was built like a fortress but the main drawback found was that it had many areas which were difficult to invigilate and so proved to be ideal places for propagation of violence like stabbing, beating etc.
COURTYARD DESIGN This design included the advantages of both the Telephone Pole and the Campus design. The courtyard design is generally adopted for high security institutions. In this design there exists a courtyard in the centre and a corridor that runs around it to which cell blocks are attached. Movement of the
CAMPUS DESIGN
prisoners takes place in the corridor during
Campus style prisons were designed on the
the day. As such, the prisoners can be
lines of a campus. There were cottage
contained and isolated by closing the grills
accommodations sprawled around a town
of the individual cells. The centre of the
square which was equipped with common
courtyard acts as a recreation yard. Eg: Low
facilities like admission building, health
Newton and Newgate prison.
building, education building, visiting centre
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43
NEW GENERATION Though a number of new prison designs like the telephone pole layout came into being, the underlined philosophy of punishment remained the same. In 1974 through the Chicago Metropolitan Correctional Centre (MCC), a new model, known as New Generation model prison, was introduced. This model was startlingly different from any prisons seen before and represented the first time since the nineteenth century radial Figure 14: Plan of inmate floor with cells arranged around perimeter Source: www.chicagomodern.wordpress.com
prisons that the architecture perfectly expressed
the
new
penal
philosophy
(Fairweather and McConville, 2000). In this model, small pods or units which had a capacity of 40-60 inmates replaced the prison wings of the previous design. The triangular shape of the units provided good sightlines aiding supervision as the cells were wrapped around a central area which acted as a communal space. It was for the first time that the officers were placed within the living quarters of the inmates, which was called as direct supervision.
This
aspect
of
direct
supervision redefined a guard’s role into that of a correctional officer.
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44
and could diffuse tense situations before it could gravitate into a full blown explosion. Utilisation of Soft Architecture, or normal furnishings, like bright colours, reading lamps, carpets and wooden doors instead of the traditional raw interiors of a traditional prison reduced the feel of an institution and encouraged reformation and rehabilitation. It was evident that where hard architecture vandalised inmates, the soft architecture initiated a sense of care taking within the inmates.
ANALYSIS AND
Figure 15: Utilisation of soft architecture for the interiors Source: www.blueprintchicago.org
OBSERVATIONS This New Generation model created an
As such, emphasis was laid on using the
extremely successful environment and
tools of communication and counselling
graffiti, vandalism, assault and sexual
instead of intimidation and violence.
assault practically became non-existent.
Smaller unit sizes, added to the idea of direct supervision, led to creation of a more personal
relationship
between
the
correctional officers and the inmates. This allowed correctional officers to be proactive rather than reactive in case of violence within the living units. This also helped the officers to cater to individual needs of the inmates and reach a better level of understanding of their personal situations and issues. In other words, the staff could empathise with the prisoner’s then situation
Also it was cheaper to build and operate such prisons as normal furnishings were used. It is a known fact that a leading cause of violence within the prison is stress. Stress can be caused due to lack of control or being unable to regulate privacy, isolation, light, noise, overcrowding and exposure
to
nature.
Even
little
inconvenience over time can lead to stress which can blow into violence. As such, the New Generation model was successful as it laid emphasis on humanising and destressing the environment.
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45
TYPES OF PRISON SYSTEMS BASED ON GEOMETRICAL FORMATION HOLLOW TYPE (COURTYARDS)
opticon, it does not provide complete observation and control of the prisoners. Radial formation many a times is placed in
TELEPHONE POLE TYPE
a square or a rectangular enclosure (outer walls).
LATERAL (LINEAR AND COMBINATIONS) TYPE
CRUCIFORM TYPE
Lateral formation includes two cell blocks
As the name suggests, the Cruciform type
arranged in a horizontal line with a small
derives its form from the Christian cross.
administration area interspersed between
This type consists of two wings with
the two cell blocks. Interiors of each cell
perpendicular intersection. There is a
block measures about 300 feet, the size of a
double line of prisoner cells separated by a
small football field. So it becomes
corridor in the middle. This takes place on
convenient for the guards to patrol the cell
each of the four wings. These wings could
blocks. As this layout is easily patrol-able,
be expanded if and when required. At times,
this type of prison is usually build without
three wings are reserved for cells and the
any walls around them.
fourth wing for management offices and
The basic concept of lateral formation is used to create an ‘L’, ‘U’ or ‘T’ shape prison using addition and changes of lateral formation.
common areas for the prisoners. An example of this type is the Ipswich prison built in 1790 and the Bullingdon built in 1991. Both buildings belong to the Cruciform type architecturally but have
RADIAL TYPE
different characteristics internally.
Radial formation is based on the design of the spokes of a wheel. The cell blocks are arranged as a spoke of a wheel connected to a central control area. Unlike in the pan-
SQUARE TYPE As the name suggests, the design is conceptually a square. Any prison that is
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46
essentially a square in plan comes under
generation design but the space is settled on
this typology. For example Ventura county
a square form.
jail has been built by a plan type of new
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47
PRISON MODELS BASED ON OBJECTIVES There are numerous ways in which prison
looked upon as outcasts but as important
models can be classified, on the basis of
members of the society. The idea behind
security like maximum prison, minimum
this is that the offender is a part of the
security
of
society and will have to return to the society
administration (like state, prison, central
upon completion of the punishment. So
prison, district prison); on the basis of
steps are taken to reform the inmate and
general typology of prisoners (like borstal
help them to reintegrate into society.
school, juvenile prison, hospital prison,
Hence, the offender is treated with trust,
women prison). But the apt way to classify
respect and understanding so that he returns
them would be on the basis of how the
to the society as a functional member.
society may want to treat a criminal on the
As such, the architectures plays a great role
basis of crime. Consequently the models
in integrating nature with design and
include the rehabilitation mode, the
coming up with a soothing and relaxing
safety model and the repressive model.
environment. Hence cells are designed
The criteria used to classify these prison
keeping in mind the comfort of the prisoner.
models are: inmate conditions and safety,
For this architecture makes use of colour,
staff conditions, ambiance created within
texture, light and creates places with
the prison, human rights considerations and
pleasant ambiance not only for the prisoner
the overall strategy put in place towards
but also for the guards so that the guards
criminal treatment.
and prisoners co-exist amicably with a
prison),
on
the
basis
common goal of achieving rehabilitation.
THE REHABILITATION
During daytime the prisoners work and interact with each other. Night time is
MODEL
utilised for introspection. Such models exist
The rehabilitation model is the most
in well-developed Central and North
humane model taking into consideration the
Europe countries like Norway, Holland,
human
and
Denmark, Austria and Belgium. The
understanding. Here the offenders are not
Hoogvliet Prison in Holland, Leoben
needs
for
comfort
But They All Come Back – Rethinking the Incarceration System in India
48
Justice Center in Austria and the Halden Prison in Norway are some examples of this model. HALDEN PRISON, NORWAY Halden Prison was designed by Moller Arkitekter. It is considered as the “Most Humane Prison in the World” located near the Norwegian border with Sweden. This prison is very well integrated with nature. As such local materials like mainly wood with concrete are used which has changed the look and feel of the prison. The prison offers numerous facilities to its inmates in addition to the cells like sports and medical
Figure 16: Entry path of Halden Prison | Source: www.architecturenorway.no
facilities, a library and shops where inmates can learn a useful trade that can come in handy for survival in society on release. The psyche here is that an empty mind is a devil’s workshop. So the prisoners are kept busy and occupied which makes them less violent. As such they are less likely to resort to violence against the staff or amongst each other. The key principle is one of humanity – treat people like animals and
Figure 17: Galvanised steel façade at Halden Prison | Source: www.archdaily.com
they will continue to behave as such, but give them the opportunity and surroundings to realize their inner humanity and build on it and the people who are released may be more human than those who went in. (Sturley, 2010)
Figure 18: Murals on the walls of Halden Prison | Source: www.publicartnorway.org But They All Come Back – Rethinking the Incarceration System in India
49
THE SAFETY MODEL
mentally. Instead of reducing violence it is
As the name suggests, this model is all about safety. Here, ‘safety’ stands for safety of the public from the criminals imprisoned. It strives to keep the society safe from anti-
known to escalate violence within the prison premises. North Branch Correctional Institution in Maryland, USA is an apt example of this model.
social elements and works on the principle of supervision of criminals and keeping them isolated from the society. Hence it is based on methods to put a stop to contrabands, escapes, violence between inmates and guards. This type of prison is commonly found in USA.
NORTH
BRANCH
CORRECTIONAL
INSTITUTION, USA North Branch Correctional Institution was designed like and inverted fortress the main aim being to keep the inmates from escaping the prison by means of a complex
The key objective of the architecture of the
system of security measures. In this prison,
safety model is to prevent the prisoners
the cells were placed at the centre of the
from escaping. As such, it is built on the
complex. Each cell could accommodate 2
lines of a fortress with a succession of
inmates and possessed a raw and severe
layers designed to keep the criminals in.
ambiance to account for vandalism by the
This way of thinking forms the foundation
inmates. In order to escape, an inmate
for the construction of super-max prisons.
would not only have to break through the
Supermax prisons are constructed with the
reinforced concrete walls of the cells but
objective to isolate criminals. The prisoners
also through a number of high tech
are allowed only one hour to exercise in an
surveillance systems including central
outdoor space – a metal cage in isolation,
control tower and the prison guards
while the rest 23 hours the prisoner is forced
manning the grounds. NBCI is the largest
to spend in the cell again in complete
and the most technological advanced
isolation. The safety model does not pay
institution in the USA which was after an
attention to human psyche and needs, it
in-depth research and study concerning all
only
economically
aspects of a prison like in-prison violence,
efficient by cutting down costs through
contraband, analysis of escapes as well as
extreme measures like reducing quality and
furniture quality and blind spots.
keeps
the
prison
quantity of food, uncleaned and poor hygiene of cells. These have a negative impact
on
prisoners
physically
and
But They All Come Back – Rethinking the Incarceration System in India
50
David Bezanson from the Maryland Department
of
Public
Safety
&
Correctional Services feels that “We have to build them hard, we have to build them strong and we have to build them to last.”
THE REPRESSIVE MODEL The repressive model was designed to repress and oppress the fundamental rights Figure 19: North Branch Correctional Institution, USA Source: www.mascaroconstruction.com
of the prison. It is the cruellest, roughest and inhumane model of all. It is characterized by secrecy and introversion and contains intentional violence of human rights. This model embraces horrors of the worst kind to deter people who try to challenge the prevalent regime. The prison buildings are mostly in a deteriorate state and lack the minimum facilities. The cells are indecent living places which are poorly equipped and prisoners are just pushed in without giving any thought to a systematic segregation of adults-minors, young-old, man-woman, common criminal-political prisoners. As everyone was put in the same cell, it endangered their lives and if this did not lead to death then there were guards who tortured them mercilessly. Still if live
Figure 20: Cells at the North Branch Correctional Institution, USA | Source: www.mascaroconstruction.com
manged to survive, the improper conditions like insufficient food, water, heat, lack of medical and legal help would deal the final blow. It is highly improbable to survive such a harsh treatment and environment.
But They All Come Back – Rethinking the Incarceration System in India
51
These
repressive
models
thrived
in
The Abu Ghraib prison was built in the
countries and regions with dictatorial or
1960s by a British company. The prison has
totalitarian regimes. One such repressive
24 control towers spread over an area of 1.5
model can be seen in the Abu Ghraib prison
square kilometres with five fenced areas
in Iraq that flourished under Saddam
consisting prison cell blocks. Each cell was
Hussein’s rule.
a 4m x 4m room and was overcrowded
ABU GHRAIB PRISON, IRAQ
holding up to 40 people at a time. Basic
Under the regime of Saddam Hussein, Abu Ghraib prison was popularly referred to as Saddam’s Torture Cell wherein twice a week
people
were
executed
and
controversial medical experiments were
facilities like plumbing was absent, water was scarce and power outages were common. Moreover, everything that was movable was stolen – doors, bricks, appliances.
carried on them. After the fall of Saddam,
CIA Bureau chief Bob Baer reported,
the place was still utilised for killing and
“There were bodies that were eaten by
torture but under the Ba’ath government
dogs, torture. You know electrodes coming
and
out of walls. It was an awful place.”
then
under
the
American
Administration.
Figure 21: Remnants of the Abu Ghraib Prison in Iraq | Source: www.islamicinvitationturkey.com
But They All Come Back – Rethinking the Incarceration System in India
52
Lateral Typology
Table 1: Lateral Typology prison But They All Come Back – Rethinking the Incarceration System in India
53
Square Typology
Table 2: Square Typology prison But They All Come Back – Rethinking the Incarceration System in India
54
Hollow Square Typology
Table 3: Hollow Square Typology prison But They All Come Back – Rethinking the Incarceration System in India
55
Rectangular Typology
Table 4: Rectangular Typology prison But They All Come Back – Rethinking the Incarceration System in India
56
Triangular Typology
Table 5: Triangular Typology prison But They All Come Back – Rethinking the Incarceration System in India
57
Cruciform Typology
Table 6: Cruciform Typology prison But They All Come Back – Rethinking the Incarceration System in India
58
Telephone Pole Typology
Table 7: Telephone Pole Typology prison But They All Come Back – Rethinking the Incarceration System in India
59
Panopticon Typology
Table 8: Panopticon Typology prison But They All Come Back – Rethinking the Incarceration System in India
60
Radial Typology
Table 9: Radial Typology prison
But They All Come Back – Rethinking the Incarceration System in India
61
Radial Typology
Table 10: Radial Typology prison But They All Come Back – Rethinking the Incarceration System in India
62
CHAPTER 5: CRIME IN INDIA This
chapter
expresses
the
growing
concern for crime in India and discusses the statistics and trends. It talks about how the Indian judicial and penal system classify crime. We take a look at why, on global level, is India’s crime rate regarded low even when the reality is quite different.
But They All Come Back – Rethinking the Incarceration System in India
63
CRIME IN INDIA “In India, we only read about death, sickness, terrorism, crime.” - A. P. J. Abdul Kalam Criminalization is a social phenomenon, which has and is continuously impacting the value systems of the society. Emergence of a society is divided on the basis of class, caste and education. This division has made crime an easy and an acceptable way of getting wealth and power by a growing number of individuals. Indian society is complex and has its own unique character due to myriad of classes, caste and levels of education and thus the phenomenon of crime needs to be seen in terms of its peculiar nature. India has witnessed rapid socio-economic changes since independence. Various institutions have been created and recreated due to structural and Figure 22 | Source: ‘Violence’ by Raj Birdi
cultural changes over the past six decades. Whitecollar crime has acquired new depth and dimensions. Political institutions have changed very rapidly and defined cultural norms have not kept pace with them. Hence, there is a ‘cultural lag’ in today’s India. And this is very concerning. Aspirations for status elevation have also increased in recent years. A number of people have adopted malpractices to acquire high status. Economic unevenness among different sections of society has been caused partly by the social heritage of the people and partly by the processes of modernisation and change.
But They All Come Back – Rethinking the Incarceration System in India
64
The status hiatus created by these factors
weak, the white-collar workers indulge in
has been responsible for creating situations
bribery and corrupt practices. Corruption
of crime and delinquency.
has become a dangerous threat to both the
The Bureau of Police Research and Development homicide,
has
reported
adulteration
of
murder, medicines,
abduction, rape, dacoity, loot, burglary, theft, rioting, forgery, embezzlement and breach of trust as the major criminal activities. According to National Crime
Indian state and society. Crimes against women are on a rise especially in the northern states of India, specifically Delhi UT, Uttar Pradesh, Bihar, Haryana. Every one hour, an average of four cases of rape were reported in the country in the year 2015.
Records Bureau (NCRB), in 2015, 21.2%
Even though the national data on crime and
of all crimes committed were ‘crimes
criminals paints a ‘rosy’ picture for India
against
robbery,
when compared at the international arena,
criminal trespass, burglary, theft) and
the situation of crime in India is bad and is
29.1% of all crimes committed were ‘crime
only bound to get worse.
against
property’
body’
(dacoity,
(murder,
homicide,
__________________________________
kidnapping and abduction, dowry deaths, human trafficking, rape). A number of crimes also remain unreported in the police
The Indian Penal Code (IPC) is the main
records, particularly in the rural areas.
criminal
Crime and criminals are not only restricted
comprehensive code intended to cover all
to the bottom of social and economic
substantive aspects of criminal law. It lists
hierarchies. Economic offences and crimes
down the various acts considered as
are
the
criminal acts by the government of India
economically well-off and well-placed
and means of punishment for the same. It
people in society.
came into force in British India during the
committed
more
often
by
code
of
India.
It
is
a
early British Raj period in 1862. The Code Tax evasion, smuggling and bribery are some of the common crimes committed by members of the upper strata of society.
has since been amended several times and is now supplemented by other criminal provisions.
India being a developing country has an institutional set-up employing lakhs of
The Code of Criminal Procedure (CrPC)
people. Since the poor are ignorant and
is the main legislation on procedure for
But They All Come Back – Rethinking the Incarceration System in India
65
administration of substantive criminal law in India. It was enacted in 1973 and came into force on 1 April 1974. It provides the machinery for the investigation of crime, apprehension
of
suspected
criminals,
collection of evidence, determination of guilt or innocence of the accused person and the determination of punishment of the guilty.
NON-COGNIZABLE CRIMES Non-cognizable crimes are defined as those which cannot be investigated by police without
the
magistrate.
order Police
of
a
do
competent
not
initiate
investigation in non-cognizable crimes except with magisterial permission. First schedule
of
the
CrPC
gives
the
The Indian Penal Code and Criminal
classification of the offences of the IPC into
Procedure Code (CrPC) classifies all the
cognizable and non-cognizable categories.
crimes into two categories: Cognizable
(NCRB, 2015)
and Non-cognizable
COGNIZABLE CRIMES A cognizable offence or case is defined as the one in which an officer in-charge of a police station may investigate without the
CLASSIFICATION OF CRIMES UNDER THE INDIAN PENAL CODE (IPC) 1. Crimes
order of a magistrate and effect arrest
against
body:
Murder,
Attempt to commit murder, Culpable
without warrant. The police have a direct
homicide not amounting to murder,
responsibility to take immediate action on
Attempt
the receipt of a complaint or of credible
to
Culpable
Homicides,
Kidnapping & Abduction, Grievous
information relating to such crimes, visit
hurt, Causing death by negligence,
the scene of the crime, investigate the facts,
Causing
injuries
under
rash
apprehend the offender and arraign him
driving/road rage, Human trafficking
before a court of law having jurisdiction
(under Section 370/370A IPC).
over the matter. Cognizable crimes are broadly categorised as those falling either
2. Crimes
Offences:
Rape, Attempt to rape, Assault on
under the ‘Indian Penal Code (IPC)’ or
women with intent to outrage her
under the ‘Special and Local Laws (SLL)’.
modesty, Insult to modesty of women.
Crimes under SLL are usually defined by each state of India. (NCRB, 2015)
under Sexual
3. Crimes Offences:
But They All Come Back – Rethinking the Incarceration System in India
relating
to
Property
Dacoity,
Making 66
preparation committing
and
assembly
dacoity,
for
under section 121, 124A IPC and
Robbery,
promoting enmity between different
Criminal trespass/Burglary and Theft;
groups;
4. Crimes relating to public order:
8. Crime against Children: Foeticide,
Riots, Arson, Unlawful assembly and
Infanticides, Procuration of Minors,
Offences promoting enmity between
Selling/Buying of minors etc.
different groups; 5. Crimes
relating
9. Crimes to
against
Women:
Rape,
Economic
assault on women with intent to
Crimes: Criminal breach of trust,
outrage her modesty, insult to the
Cheating, Forgery and Counterfeiting;
modesty of women, cruelty by husband
6. Human Trafficking:
or relative, etc.
Cases under
section 370/370A of IPC, procuration
10. Crimes against SCs & STs: Cases
of minors, Importation of girls from
under the Protection of Civil Rights
foreign country, selling & Buying of
Act, the SC/ST (PoA) Act etc.
minors for prostitution;
11. Other Crimes
7. Crimes relating to Offences against the State: Offences against the State
But They All Come Back – Rethinking the Incarceration System in India
67
Source: The Times of India, August 2015
Source: Hindustan Times, August 2016
Source: The Hindu
Source: Youth Ki Awaaz, November 2012
Source: The Hindu, August 2015
Source: Hindustan Times, December 2012 Figure 23: Collage of infographics representing rise of crime in India
But They All Come Back – Rethinking the Incarceration System in India
68
CRIME IN INDIA – TRENDS AND STATISTICS • A Total of 73,26,099 cognizable
crimes
comprising of 29,49,400 Indian Penal Code (IPC) crimes and 43,76,699 Special & Local Laws (SLL)
crimes
were
reported during 2015, showing 1.3%
increase over
of
2014
(72,29,193). • The incidence of IPC and SLL crimes during the decade 2005-2015 reported growth
a
higher
of
45.8%
compared to a 14.2% Table 11 | Source: Crime in India 2015, NCRB
population
growth
during the same decade. • IPC Crime Rate (per 1 lakh
population)
has
increased 41.7% during the decade 2005-2015 from 165.3 in 2005 to 234.2 in 2015. Increase of 2.2% was reported in 2015 over 2014
Figure 24 | Source: Crime in India 2015 NCRB But They All Come Back – Rethinking the Incarceration System in India
69
•
Maharashtra accounted for 9.3% of total IPC crimes reported in the country followed by Madhya Pradesh (9.1%), Kerala (8.7%), Uttar Pradesh (8.2%), Rajasthan (6.7%), Tamil Nadu (6.4%), Delhi (6.5%) and West Bengal (6.1%). Figure 25 | Source: Crime in India 2015, NCRB
But They All Come Back – Rethinking the Incarceration System in India
70
•
Delhi UT reported the highest crime rate of 916.8 per 1 lakh population under IPC crimes followed by Kerala (723.2), Madhya Pradesh (348.3), Assam (321.8), Haryana (310.4), Telangana (290.7) and Rajasthan (273.9).
•
Crime rate IPC means number of IPC crimes per 1 lakh population (1,00,000). Figure 26 | Source: Crime in India 2015, NCRB
But They All Come Back – Rethinking the Incarceration System in India
71
Figure 27 | Source: Crime in India 2015, NCRB
Figure 28 | Source: Crime in India 2015, NCRB
But They All Come Back – Rethinking the Incarceration System in India
72
INDIA VS WORLD: WHY INDIA HAS A ‘LOW’ CRIME RATE India, the world’s largest democracy, is riddled with crime at every nook and corner. One would think it is bound to have one of the highest crime rates in the world. But, data suggests otherwise. According to the United Nations Office on Drugs and Crime (UNODC), on seven counts of serious crime – which include murder, assault, rape, kidnapping, sexual violence, theft and burglary – Sweden (with 6,456 crime per 1 lakh population), Denmark (6,041) and Netherlands (5,523) have high rates of crime. While Somalia (1.5), Iraq (2), Libya (2.9) and Haiti (5) constitute the countries with the lowest crime rates. India’s crime rate (87) finds contemporaries with the likes of Lebanon (59), Yemen (67) and Kazakhstan (96). In such a situation, it would not be wrong to say that there is something seriously amiss somewhere. It is very absurd to say that a country like Somalia (HDI Rank: 243) or even India (HDI Rank: 130) for that matter is a safer country to live comfortably in compared to the likes of Denmark and Netherlands that rank 4th and 5th respectively on the Human Development Index (Human Development Report – UNDP, 2015).
Figure 29 | Source: UNODC; The Indian Express But They All Come Back – Rethinking the Incarceration System in India
73
It is a well-known fact that violent crimes like hostile acts, piracy, kidnapping and robbery to name a few are rampant in Somalia so much so that tourists travelling to Somalia are advised to obtain kidnap and recovery insurance and medical evacuation insurance prior to travel. Hence, it can be said that these numbers which represent crime rates are a blatant lie or the data gathered is inaccurate. This is because of the way the government and civil society of a country respond to crime and the method by which law and order is measured. Figure 30 | Source: India Human Development Report 2011; Indiaspend.com
Looking within India, a lot of disparity is observed between the crime rates of different states. Let’s take the example of Bihar, Madhya Pradesh, Gujarat and Kerala. Bihar is the third most populous state, as such, it is a poor state with India’s lowest per capita income and is third from the bottom on HDI (Human Development Index) amongst the States of India. HDI includes life expectancy, education and income. Still, Bihar claims to have one of the lowest crime rates in India. Kerala, on the other hand, which tops India’s HDI and is comparatively less Figure 31 | Source: NCRB, Crime in India 2014; Indiaspend.com
But They All Come Back – Rethinking the Incarceration System in India
populated, displays a high crime rate.
74
In 2014, Bihar reported 177,595 cognizable
fights crime by manipulating data primarily
crimes while the states of Madhya Pradesh,
by not reporting it.
Rajasthan and Kerala recorded 272,423; 210,418
and
206,789
such
crimes
respectively. Bihar has a population of 104 million while Madhya Pradesh, Rajasthan and Kerala has 72.6 million, 68.5 million and 34.8 million respectively. This means that Bihar with a population 44% higher has 35% fewer crimes than Madhya Pradesh. (Crime in India – NCRB, 2014)
In 2014, Bihar reported 574 assaults on women with “intent to outrage modesty” while Madhya Pradesh reported 9618 such cases, Rajasthan had 6015 such cases and Kerala with 1/3rd the population of Bihar and supposedly a better place for womenreported 4412 assaults – about 8 times more than Bihar. Bihar also reported fewer rapes than Madhya Pradesh, Rajasthan or even Kerala. (Crime in India – NCRB, 2014) Bihar being a backward state, has a very orthodox
cultural
and
religious
environment wherein crimes like assault on women are hardly considered as crimes and so go unreported. Moreover, the social stigma attached to crimes like rape also dissuade people from reporting it to the police. Bihar reports more dowry deaths than Madhya Pradesh, Rajasthan, Kerala and Gujarat combined. This indicates that there Figure 32 | Source: NCRB, Crime in India 2014; Indiaspend.com
is no social respect for women in Bihar. Women are indeed a target of violence but
One possible explanation for this is due to the fact that crimes like rape and assault can be hidden or not reported but others that result in a body such as murder or dowry
crimes against them are not reported. However, general murders and dowry deaths produce a body so it becomes a situation hard to hide.
death cannot be hidden. Hence, it would not
Bihar’s murder is higher than either MP,
be wrong to say that it is obvious that Bihar
Rajasthan, Gujarat or Kerala. One possible explanation is that Bihar is generally low on
But They All Come Back – Rethinking the Incarceration System in India
75
crime but, for some reason, is more prone
suspended as they could not score
to murder. The other explanation is that
more than a 30% drop.”
crime in Bihar is under-reported—a process called burking–except for murder, where there is a body that cannot be ignored without some form of due process. Bihar’s murder rate is substantially worse than
Non registration of FIRs is a chronic problem of policing. In fact Uttar Pradesh cadre IPS officer Rajeev Krishna, claims that only 9%-21% of all crimes in India get registered by police. 30% people never
other larger states and above the national average. In India, the crime rate is seen low primarily due to refusal to lodge FIRs. In fact as soon as the crime rate graph ascends the ruling minister reprimands the concerned officer to lower the crime rate who in turn stops lodging the FIRs. The Indian Express, in its article titled ‘Why India has a low crime rate’, cites an interesting anecdote by Prakash Singh, former Director General of Police, Uttar Pradesh: “When
I
was
a
young
superintendent of police in Uttar Pradesh,
the
then
principal
secretary (home) B. J. Khodaiji, on instructions from the government, issued an order. It said that crime should be brought down by 50%. Since it was not possible officers resorted to burking, that is, non-
Mayawati came to power she asked
Figure 33 | Source: International Crime Victimisation Survey; The Indian Express 2016
for crime to be reduced by 70%. At
50% are turned away by the police.
registration of FIR. Later when
report a crime to the authorities while over
leastz half a dozen officers were
But They All Come Back – Rethinking the Incarceration System in India
76
survey
interventions. Rajeev Krishna, in the
conducted in Tamil Nadu by noted
newspaper article ‘Why India has a low
criminologist K. Chockalingam found that
crime rate’ by The Indian Express,
only 4% of sexual offence victims report
expressed the following:
A
2003
crime
victimisation
the crime.
“In developed countries in Europe and
Rajeev Krishna proposed changes in laws
America,
and systems that would make police not
conduct crime victimisation survey
only more efficient but also transparent.
(CVS) to get a sense of the level of
Some of his suggestions included a
crime in a region or state. The
statutory status to crime victimisation
difference between survey results and
survey, legal recognition of calls made to
crime actually registered are taken
dial 100 (police control room) as FIRs,
seriously and attempt is to minimise
digital recording of complaints and oral
the gap. No such system exists in
evidence and step by step tracking of
India.”
investigations
through
governments
regularly
technological
WHY INDIA HAS A ‘LOW’ CRIME RATE
DON’T REPORT IT: HOW BIHAR FIGHTS CRIME
Deeptiman Tiwary | Updated: January 12, 2016
Amit Bhandari | Updated: May 24, 2016
Figure 34: Newspaper articles | Source: Indiaspend.com; The Indian Express 2016 But They All Come Back – Rethinking the Incarceration System in India
77
CHAPTER 6: PUNISHMENT IN INDIA This chapter looks at how the definition of punishment has changed and evolved over the years in India. It details the prevalent conditions of prisons in India as well as the various views of numerous prison reform committees that has been laid out since ancient India. We also see the basic classification of prison and prisoners in the Indian penal system.
But They All Come Back – Rethinking the Incarceration System in India
78
INCARCERATION SYSTEM IN INDIA – HISTORICAL BACKGROUND The word ‘Prison’ is derived from the Latin word which means to “seize”. The Oxford Dictionary defines prison as, “A place properly arranged and equipped for the reception of persons who by legal process are committed to it for safe custody while awaiting trial or punishment”. According to the Government of India Prisons Act of 1870, ‘prison’ means any gaol or penitentiary and includes the grounds or buildings occupied for the use of the prison. Prison
means
any jail
or
place
used
permanently or temporarily under the general or special orders of a Local Government for the detention of prisoners. Prisons in the form of dungeons and vaults have existed from time immemorial around the world.
In
his
book,
‘The
Future
of
Imprisonment’, Novel Morris speaks about the extensive use of punitive imprisonment as a form of punishment in ancient Rome, Egypt, China,
India,
Assyria,
Babylon
and
Renaissance Europe. But the prison, as we know it now, came into existence as a house of detention and punishment rather recently.
But They All Come Back – Rethinking the Incarceration System in India
79
ANCIENT INDIA
MEDIEVAL INDIA
In ancient India, prisons were known only
The penal system in medieval India was
as places of detention for offenders
similar that of ancient India.
awaiting trial or judgement or punishment.
During the Mughal rule, the rules and laws
The act of being confined behind bars was
for the penal system took inspiration from
not the actual punishment as it is in the
the Quran. Crimes were divided into three
present. The structure of the society in
groups
ancient India was founded on the principles
offences against state and offences against
enunciated by Manu and explained by
private persons. Imprisonment was not
Yagnavalkya,
others.
resorted to as a form of punishment for
(Aiyangar, as quoted by Raju, L.P.) The
common criminals but only for the Nobles.
various corporal punishments included
There were fortresses situated in different
banding, hanging, mutilation and death.
parts of the country, in which the criminals
Imprisonment was the mildest form of
were detained pending trial and judgement.
penalty in ancient Indian penology. The
There used to be three ‘Noble prisons or
main aim of imprisonment was to keep the
Castles’ in Mughal India – Gwalior,
wrongdoers away from the society. These
Ranthambore and Rohtas. Some rooms in
prisons were totally dark dens, cool and
rooms, popularly known as Bandhi khanas
damp, unlighted and un-warmed. There was
or Adab khanas, were reserved for
no proper arrangement for sanitation and no
offenders and prisoners. (Raju, 2014)
Kautilya
and
name
offences
against
God,
means of facility for human dwelling. During the Maratha period as well,
(Upadhya, 1978)
imprisonment as a form of punishment was Fine,
imprisonment,
banishment,
not very common. The form of punishment,
mutilation and death sentences were the
as during the ancient and Mughal period,
punishments in vogue. Fine was the most
continued in the Maratha period also.
common form of punishment. According to Hiuen Tsang, the condition of prisons and prisoners Prisoners
was
far
generally
from
satisfactory.
received
harsh
treatment. At the time of the Royal coronation, prisoners were released. (Raju, 2014)
MODERN INDIA The prison system, as it operates today in India, is a legacy of the British rule. It was an ingenious creation of the colonial rulers over our indigenous penal system with the
But They All Come Back – Rethinking the Incarceration System in India
80
prime motive of making imprisonment “a
About this incident, E. C. Wines wrote,
terror to wrong doers”.
“The murder of the Governor of the
In 1784, the British Parliament gave the
most important prison in India was
East India Company the power to rule
the immediate moving cause of the
India. Since then, some attempts were made
broad and exhaustive enquiry which
to bring about a change in the penal system
was at once set on foot. The evidence
in India. E.C. Winese observed that,
collected
which considerable attention was
that country, has grown up by degrees,
given to the physical condition of the
until, as the empire was consolidated introduced
into
prison
reached the stage of development in
Empire, like the British rule itself in
order
that
discipline had at that time only
“the prison system in the Indian
and
shows
inmates of the prisons. But, not much
all
to the moral relations and agencies.”
departments of the Government, the treatment of criminals took its place
This
among the recognised branches of
McCauley, the then Law member of the
judicial administration”.
Supreme Council of India. His report
H. S. Stratchey made a survey of jail
report
was
prepared
by
expressed,
accommodations throughout the territories
“The best criminal code can be
of the East India Company in 1805. Before
very little use to a community
1835, “there were 143 civil jails, 75
unless there be a good machinery
criminal jails and 68 mixed jails”. (Roy,
for the infliction of punishment.”
1989)
Lord
The major recommendations of this report included abolition of outdoor labour,
LORD MCCAULEY REPORT, 1835
COMMISSION
introduction of indoor work, introduction of the Separate System, better classification of
Till 1835, no attention was paid to the
convicts, separation of untried prisoners,
conditions of prisons in India. The murder
the institution of central or convict prisons
of a Thomas Richardson, the Magistrate of
and the regulation of the prison system by
24 Parganas and the superintendent of the
employment of inspectors of prisons.
jail at the Presidency of Calcutta, was the moving cause of attention to the jail problem. But They All Come Back – Rethinking the Incarceration System in India
81
THE PRISON DISCIPLINE COMMITTEE, 1836 The
committee
made
recommendations
specific
regarding
the
rigorous
accommodation, improvement in diet,
treatment and rejected all notions of
clothing, bedding, medical care of the
reforming individuals like moral and
prisoners and for the appointment of
religious teaching, education or any system
Medical Officers in jails. The commission
of
It
fixed the required minimum space for one
recommended the engagement of all
prisoner as 54 square feet and 640 cubic
convicts in some form of dull, monotonous,
feet. It also recommended the separation of
wear some task. The purpose of prisons
male prisoners from females and children
according to this committee was to make
from adults.
rewards
increased
commission
for
good
conduct.
“the gaol a place of dread through a ruthless process of severe privation, really hard work, solitude, silence and separation.” (Roy, 1989) In accordance with the recommendation of the committee, the Central Prison was constructed in Agra in 1846. This became a model for prison construction and led to the contructions of
In 1870 the Government of India passed Prisons Act based on this. It laid down that there should be a Superintendent, a Medical Officer, a Jailor and such subordinate officers as the local government thinks necessary.
(Raju,
2014)
This
act
categorically specified the duties of the prison officials.
prisons at Bareilly and Allahabad in 1848, at Lahore in 1852, at Madras in 1857, at
Banaras and Fatehgarh in 1864 and at
THE CALCUTTA CONFERENCE, 1877
Lucknow in 1867. (Roy, 1989) This was the
A conference of experts was convened at
positive contribution in the sphere of Prison
Calcutta in 1877 to look into the working of
Reforms in this country, along with its
prison administration in India. Its studies
advocacy of the theory of retribution in
and findings extended over the whole field
prison administration.
of prison discipline and administration.
Bombay in 1864, at Alipore in 1864 at
COMMISSION OF JAIL MANAGEMENT AND DISCIPLINE, 1864
One major finding of this commission was that “The various laws relating to prisons have been passed are incomplete, imperfect
The British regime was only interested in the prison from the point of view of administration
and
discipline.
and nowhere lay down great leading principles of prison discipline.”
This
But They All Come Back – Rethinking the Incarceration System in India
82
THE FOURTH JAIL COMMISSION, 1888
country. The committee departed from the traditional outlook of prison administration and advocated for a new vision for prisons.
In 1888, the Fourth Jail Commission was
For
appointed by Lord Dufferin to inquire into
‘rehabilitation’ of prisoners were identified
the facts of prison. This commission
the
first
time,
‘reformation’,
as objectives of prison administration.
reviewed the previous reports of 1836, 1864 and 1877 and made inquiry into all matters
The committee recommended that the care
connected with jail administration. It was of
of criminals should be entrusted to
the opinion that uniformity could not be
adequately trained staff and rejected the
achieved without the enactment of a single
idea of excessive employment of convict
Prison Act.
officers. The committee condemned the presence
of
children
in
jails
and
recommended establishment of separate
THE PRISONS ACT, 1894
institutions like Borstal Schools for juvenile Based on the 1888 Jail Commission report, a consolidated prison bill was prepared. This bill was later passed and came to be known as the Prisons Act, 1894. This act is still in use and forms the existing law governing
the
management
and
administration of prisons in India. This Act is based on deterrent principles and concerned more with prison management than with the treatment of prisoners. It gives more consideration to prisoner offences and punishments than to their effects.
THE INDIAN JAIL COMMITTEE, 1919 - 1920
delinquents. They took serious views on the transportation of convicts to Andaman Islands
and
recommended
that
discontinuation of the practice. All convicts below 29 years of age were to be cared under adult education programmes and libraries were to be established in all jails. Quality of food to be improved and prisoners were to be provided with two sets of clothing. The commission underlined the idea of reform of inmates as ultimate objective rehabilitation
of of
imprisonment prisoners
as
and social
necessity. (Raju, 2014)
The Indian Jail Committee was appointed
Under some pretext or the other many
by the British Government to investigate
recommendations of the committee were
the matter of jail management and suggest
not implemented. Unfortunately the prison
improvement. This committee is treated as
reform movement received a sudden
the turning point of prison reforms in the
setback due to the constitutional changes
But They All Come Back – Rethinking the Incarceration System in India
83
Act of 1919. The Act transferred the jail
THE ALL INDIA JAILS MANUAL COMMITTEE 1957 - 1960
department from the control of the
The report of the All India Jails Manual
Government of India to that of Provincial
Committee and the Model Prison Manual
Government.
prepared by the committee are regarded as
brought about by the Government of India
With the dawn of independence, prison reform was given increased attention. Indian leaders were ready with a blue print for the industrial development of the country, but the jail reform could not escape their eyes as all of them passed their prime
commendable documents on the Indian prison system. They not only enunciated principles for an efficient management of prisons but also lay down the scientific guidelines for corrective treatment of prisoners. The committee expressed that “The institution should be a centre
life in the jails.
of correctional treatment where major emphasis will be given on the
RECKLESS COMMISION REPORT, 1952 While
local
committees
were
reduction and reformation of the offender.
being
institutional
appointed by the state governments to
constructive
India invited Dr. W. C. Reckless, a United
and
changes
in
the
profound and lasting effects on his
1952 to study the Indian prison system and
habits, attitudes, approaches and
suggest improvements. His report titled in
environment
of
offender, as would be having
Nations expert on correctional work, in
Administration
impacts
treatment shall aim at producing
suggest prison reforms, the Government of
‘Jail
The
on his total values of life.”
India’
recommended the transformation of jails
The committee touched upon the following
into
aspects:
reformation
centres
and
establishment of new jails. opposed
the
handling
of
the
His report
•
Headquarters organization
juvenile
•
Diversification of institutions based
delinquents by courts, jails and police
on sex, age, criminal record,
meant for adults.
security condition and treatment.
But They All Come Back – Rethinking the Incarceration System in India
•
Architecture and building
•
Accommodation
•
Constitution of Advisory boards 84
•
Recruitment, selection and training
recommendations were largely based on
of prison personnel
after care, rehabilitation of prisoners (Mulla
•
Discipline
Committee) and induction of women as
•
Basic facilities
correctional guards at women prisons and
•
Daily routine and education of
juvenile homes (Krishna Iyer Committee).
prisoners
The above mentioned commissions and
•
Vocational training
reports prove evidence to the numerous
•
After Care and rehabilitation
instances taken to reform the conditions of
•
Classification of prisoners (i.e.
the prison system in India. Despite all these
women, life convicts,
efforts and time spent, a majority of the
Two
habitual
offenders, lunatics, juveniles etc.)
recommendations and suggestions exist
more
only on paper and have not been
committees,
the
Mulla
Committee in 1980 and the Krishna Iyer Committee in 1987, were set up to study the prison system of India and suggest improvements
or
changes.
Their
concretised upon. It can be safe to say that the outlook towards prisons and the penal system in India today is a very lethargic and nonchalant one.
But They All Come Back – Rethinking the Incarceration System in India
85
INCARCERATION SYSTEM IN INDIA The prison system as it operates today in India is a legacy of the British Rule. It was the creation of the colonial rulers over the then existing penal system with the prime motive of making imprisonment “a terror to wrongdoers”. Today, world over, the notion of prisons as facilities in which inmates are forcibly confined and deprived of freedom is changing. Though there are few sparks of this change that exist within India, for a Figure 35: Life in Jail | Source: Arun Ferreira, Ex-convict
majority of prisons, the case is quite different. Prisons in India, and their administration, is a state subject under the Constitution of India. The management and administration of prisons falls exclusively in the domain of the State governments, and is governed by the Prisons Act, 1894 and the Prison manuals
of
the
respective
state
governments. Thus, the states have the primary role, responsibility and authority to change the current prison laws, rules and regulations.
A
number
of
prison
commissions have attempted to update and revise the code as mentioned in the previous section, but aside from a few states, these efforts
have
not
received
legislative
approval. The bible remains the 1894 version. But They All Come Back – Rethinking the Incarceration System in India
86
CLASSIFICATION OF PRISONS
and Karnataka & Delhi (8 each). Arunachal
Prison institutions in India comprise of 8
Haveli, Daman
categories of jails. The most common and
Diu & Lakshadweep do
standard jail institutions which are in
Central Jails. (Prison Statistics India,
existence in all States and Union Territories
NCRB - 2015)
Pradesh, Meghalaya, Andaman Nicobar
Islands, Dadra
and
and
Nagar and
not
have
any
are Central Jails, District Jails and Sub Jails. The other types of jail institutions are Women
Jails, Borstal
Schools, Open
DISTRICT JAILS
Jails, Special Jails and Other Jails.
District jails serve as the main prisons in
According to the National Crime Records
some States and Union Territories where
Bureau (NCRB), the total number of jails in
there are no Central Jails. States which have
2015 in the States and Union Territories
considerable number of district jails are
shows that Maharashtra has the highest
Uttar Pradesh (57) followed by Madhya
number (154 out of 1,401) of jails followed
Pradesh (39), Bihar (31), Maharashtra (28),
by Tamil Nadu (137), Rajasthan (126),
Rajasthan (24), Assam (22), Karnataka
Madhya Pradesh (123), Andhra Pradesh
(19), Jharkhand (17), Haryana (16) and
(112) and Karnataka (102).
West Bengal (12). (Prison Statistics India, NCRB - 2015)
CENTRAL JAILS The criteria for a jail to be categorised as a
SUB JAILS
Central Jail differs from state to state.
Nine States have comparatively higher
However, the common feature observed
number of sub-jails revealing a well-
throughout India is that prisoners sentenced
organized prison set-up even at lower
to imprisonment for a long period (more
formation. These States are Maharashtra
than 2 years) are confined in the Central
(100), Andhra Pradesh (99), Tamil Nadu
Jails. These jails have a larger capacity in
(96), Odisha (73), Madhya Pradesh (72),
comparison to other jails. These jails also
Karnataka (70), Rajasthan (60) and West
have rehabilitation facilities.
Bengal & Telangana (33 each) while 9
Madhya Pradesh had the highest number of
States/UTs have no sub-jails namely
11 central jails followed the Maharashtra,
Arunachal Pradesh, Haryana, Manipur,
Punjab, Rajasthan & Tamil Nadu (9 each)
Meghalaya, Mizoram, Nagaland, Sikkim,
But They All Come Back – Rethinking the Incarceration System in India
87
Chandigarh and Delhi. (Prison Statistics
Nine States namely, Tamil Nadu (12) and
India, NCRB - 2015)
Himachal Pradesh, Jharkhand, Karnataka, Kerala, Maharashtra, Punjab, Rajasthan &
WOMEN JAILS
Telangana (1 each) have reported borstal
These jails are built exclusively to house
schools in their respective jurisdiction.
women prisoners. Most of the staff in such jails are usually women. Women jails exist only in 13 States/Union Territories. Tamil
None of the Union Territories have Borstal Schools. (Prison Statistics India, NCRB 2015)
Nadu & Kerala have 3 women jails each and Rajasthan has 2 women jails. Andhra Pradesh, Bihar, Gujarat, Maharashtra, Odisha, Punjab, Telangana, Uttar Pradesh, West Bengal and Delhi have one women jail each. (Prison Statistics India, NCRB 2015)
Open jails are minimum security prisons. Prisoners with good behaviour satisfying certain norms prescribed in the prison rules are admitted in open prisons. Prisoners, here, are engaged in agricultural activities and other in-prison industries.
BORSTAL SCHOOLS Borstal
Schools are
a
type
of youth
detention centre and are used exclusively for
OPEN JAILS
the
imprisonment
of minors or
juveniles. The primary objective of Borstal Schools is to ensure care, welfare and rehabilitation of young offenders in an environment suitable for children and to keep them away from the contaminating atmosphere of the prison. The juveniles in conflict with law are detained in Borstal Schools and are provided with various vocational training courses and education with the help of trained teachers. The emphasis is given on education, training and moral influence conducive for their
Only 17 States have reported about the functioning jurisdiction.
of
open
jails
Amongst
in
these
their States,
Rajasthan has reported the highest number of 29 open jails followed by Maharashtra (13) Kerala & Tamil Nadu (3 each) and Gujarat & West Bengal (2 jails each). The remaining 11 States – Andhra Pradesh, Assam,
Bihar,
Himachal
Pradesh,
Jharkhand, Karnataka, Madhya Pradesh, Odisha,
Punjab,
Telangana
and
Uttarakhand have one open jail each. There are no Open Jails in any of the UTs at the end of 2015. (Prison Statistics India, NCRB - 2015)
reformation and prevention of crime.
But They All Come Back – Rethinking the Incarceration System in India
88
SPECIAL JAILS
Jails. Only three States namely Karnataka,
Special jails are high security facilities that
Kerala and Maharashtra (1 each) have other
have specialized arrangements for keeping
jails in their jurisdiction. The capacity of
offenders and prisoners who are convicted
inmates (male & female) in such jails was
of terrorism, insurgency and violent crimes.
highest in Karnataka (250) followed by
Special jail means any prison provided for
Kerala (142) and Maharashtra (28). (Prison
the confinement of a particular class or
Statistics India, NCRB –2015)
particular classes of prisoners which are broadly as follows: •
Prisoners who have committed serious
violations
of
prison
discipline. •
Prisoners
Prison inmates lodged in Indian jails are showing
tendencies
towards violence and aggression. •
CLASSIFICATION OF PRISONERS
Difficult discipline cases of habitual
categorised as Convicts, Undertrials and Detenues. A convict is "a person found guilty of a crime and sentenced by a court" or "a person serving a sentence in prison".
offenders.
An undertrial is a person who is currently •
Difficult discipline cases from a group
of
professional/organised
criminals. Out of the fourteen States/Union Territories
on trial in a court of law. A Detenue is any person held in custody. Apart from this some other basic classifications of prisoners also exist.
that have special jails, Kerala has the
“Adult Prisoner’ means any prisoner who is
highest number of special jails (16)
more than 21 years of age.
followed by Tamil Nadu (5), Telangana (4),
“Casual Prisoner” means a convicted
West Bengal (3) jails, Gujarat, Karnataka,
criminal prisoner other than a habitual
Odisha, Uttar Pradesh & Puducherry (2 jails
offender
each) and Assam, Bihar, Maharashtra, Rajasthan & A&N Islands (1 jail each). (Prison Statistics India, NCRB – 2015)
“Civil Prisoner” means any prisoner who is not committed to custody under a writ, warrant or order of any court or authority
OTHER JAILS
exercising criminal jurisdiction, or by order
Jails that do not fall into the above
of a court martial and who is not a Detenue.
mentioned categories come under Other But They All Come Back – Rethinking the Incarceration System in India
89
“Convict” means any prisoner under
be considered highly dangerous to the
sentence of a Court exercising criminal
public or a threat to national security. Such
jurisdiction or court martial.
prisoners are usually kept in maximum
“Lunatic Prisoner” means a prisoner who
security prisons. B category prisoners are
has become insane after his conviction and
those whose escapes must be made
admission into a prison.
difficult. C category prisoners are those
“Military Prisoner” means a prisoner convicted by Court Martial.
who cannot be trusted in Open Prisons. D category prisoners are those who can be trusted in open prisons. Over time, the
Classification of prisoner based on security
boundaries between A and B category
are of three types A, B, C and D. A category
prisoners has been erased within the prison
prisoners are the ones whose escape would
system.
But They All Come Back – Rethinking the Incarceration System in India
90
PREVALENT CONDITIONS OF THE PRISON SYSTEM IN INDIA “Prisons do not disappear social problems, they disappear human beings. Homelessness, unemployment, drug addiction, mental illness, and illiteracy are only a few of the problems that disappear from public view when the human beings contending with them are relegated to cages.” – Angela Davis
Prisons, as an institution, have been created for the sole purpose to deal with the wrongdoers of Figure 36: Welcome to My World | Source: Ronald W Clark, convict.
the society. Heavily burdened with problems of unsatisfactory living conditions and prolonged detention, prisons in India have become a staple subject of public debate and criticism. The prison system in India easily finds its way at the bottom of the priority list for the government. As such, one cannot really be hopeful about the prevailing conditions of the prison system in India.
JAILS ARE A TABOO IN THE INDIAN SOCIETY “The mood and temper of the public with regard to the treatment of crime and criminals is one of the most failing tests of the civilization of any country.” – Winston Churchill But They All Come Back – Rethinking the Incarceration System in India
91
Crime, criminal, jails and prisons - terms
detention period is no different from the
like these easily fall into the category of
pre-detention period.
‘social taboo’ in India. A much stigmatized thought process comes into play within the mindset of the society on coming across such terms. The Indian society acts and reacts to such terms in indifferent and daft ways. No one wants to be associated to these terms. Many members of the society display a certain angst towards the misfits who have been incarcerated. This mindset, when fueled by raw imagery of ‘dark elements’ like long rows of cells, bars, filthy conditions, grim faces, violence and other
sinister
activities,
births
the
sentiments of disgust and aversion against prisons and its occupants in the public’s
The public needs to understand or look at a prison not as a derogatory space filled with the scum of the society but rather as an institution that helps the fellow members of the society realize and amend the mistakes they have made. Members of the society need to look at prisons as machines that pick up a negative aspect from the society and give back a positive one. Members of the society must understand that for the successful reformation of a person, the society needs to accept the individual and change its outlook towards prisons and prisoners.
JAILS TRULY ARE BRUTAL
mind. While the Indian law announces a fixed
PLACES
term of imprisonment as a way to punish
“The place was a hive, a termite’s nest,
individuals who commit violations, the
a writhing mass of human beings,
Indian society punishes for life by not
pressing against one another with every
accepting him/her back into the society.
little movement of an arm or a leg. The
The individual’s actual punishment begins
toilet was ankle deep in shit. The urinal
post release – the struggle to be accepted
overflowed. A stinking swamp oozed out
back in society – and sometimes it results in
of them into the far end of the corridor.
a loss of life.
The still, thickly humid monsoon air was
But
the
common
public
cannot
be
completely blamed for this. A probable reason for such thoughts to arise within their minds might mainly be that the nature
clogged with meanings, murmurings, talking’s, complaining, shouting, and the screams, every few hours, of men going mad.”
and the kind of the vast majority of humans the
penal
institutions
produce
post-
But They All Come Back – Rethinking the Incarceration System in India
-Gregory David Roberts, on Arthur Road Jail, Mumbai; Shantaram 92
Figure 37: Life in Jail | Source: Arun Ferreira, Ex- convict.
Jails in India are truly brutal places and are
common instruments of beating. Sexual
obsolete, inhumane where cases of insanity,
abuse, designed not only to hurt but also to
suicides, mental trauma, depression, rage
humiliate is part of the torture. Naked or
fits, homosexuality, drug abuse and gang
semi-naked men are a common sight in
fights are quite common. Majority of the
police lock-ups. It is this process of torture,
Jails in India were designed and constructed
regular and systematic, whose end product
during the British Rule and are still deeply
is sometimes death. (Human Rights Watch,
inspired
1991)
by
their
then
ideology
of
punishment– to punish Indians based on differential
treatment
for
foreigners,
The Guardian, in an article about death row inmates, in 2016 expressed:
political offenders and people of higher caste or any one against the British Rule. TORTURE within the four walls of a jail is
“The use of torture is ubiquitous. Inmates spoke about being hung by wires, being forced to drink urine,
a routine. Violence by guards on the
being placed on a slab of ice and
inmates is a very common scenario and is
having
referred to as “third degree”. Sticks, boots
penetration, and extreme stretching.
and belts and wooden rollers are the most
Some gave specific details – being
But They All Come Back – Rethinking the Incarceration System in India
a
leg
broken,
forced
93
tied in a sack of chillies and beaten
air conditioners, mobile phones to name a
with the butts of police guns. Others
few within the prison premises. Prison
left
saying
gangs continue to be at war with each other
“unexplainable things” had been
resulting in bloodshed and destruction quite
done to them.”
often. Without any sort of money in hand,
it
vague,
simply
drugs and narcotics become the currency of These instances of abuse and torture do not only take place by the guards on the inmates but also exists between inmates. A prime reason for this can be due to personal
use in the prison. It is reminiscent of a jungle in there. Everyone is in a fight to prove himself as the alpha male just to survive.
indifferences and animosity between the individuals or a general act of ‘venting out’
OVERCROWDING is very rampant in Indian
using physical
the
prisons. Indian prisons have a national
inhumane conditions the inmates are made
occupancy rate of 114.4% or almost 62,000
to live in. In many prisons, an unofficial
inmates more than they have space for.
framework of hierarchy exists within the
Some states are as high as 276.7% (Dadra
prison inmates. Rampant corruption allows
Nagar Haveli), 233.9% (Chhattisgarh) and
the prominent and rich figures who have
226.9% (Delhi). (Prison Statistic India,
been incarcerated with a plethora of
NCRB – 2015)
violence due to
benefits such as food of choice, computers,
Figure 38 | Source: Crime in India, NCRB - 2015 But They All Come Back – Rethinking the Incarceration System in India
94
converted into store-rooms, godowns, work-shops, etc. The original authorized accommodation of an institution is thus slowly shrinking whereas the daily average population and the total admission indicate a steady increase. The consequences of overcrowding are manifold. Overcrowding has very severe, harmful and dehumanizing impacts on the prisoners as also on the institutional
environment.
It
creates
problems in the management of prisons. This has deleterious effect on the health of prisoners. Overcrowding in prisons has resulted in the denial of required ground and space, air and ventilation as well as Figure 39: Life in Jail | Source: Arun Ferreira, Ex- convict.
food resources. It puts pressure on utilities like water supply and sewage systems. The
Overcrowding in prisons is an important
prisoner to guard ratio increases and it
issue as it results in deterioration of general
becomes difficult for the jail authorities to
living conditions of the prisoners. In Arthur
cope up and control crime and violence.
Road Jail, Mumbai; the total allowable capacity of the prison is 804 inmates but the
Overcrowding at times has even led to riots
present capacity is over a whopping 2,600
taking place inside the prison. Research has
inmates – over three times its capacity
demonstrated that prison overcrowding
(Hindustan Times, 2016). A barrack
creates competition for limited resources,
designed to accommodate 8 people, is
aggression, higher rates of illness, increased
stuffed with 60. In some prisons the cells
likelihood of recidivism and higher suicide
and barracks which were originally meant
rates.
for accommodating inmates have been
But They All Come Back – Rethinking the Incarceration System in India
95
BREAKING THE CYCLE OF
Overtime a cycle has developed where by a
REOFFENDING
person commits crime, goes to prison,
Recidivism rates – the rate at which criminals relapse back to crimes – are on a high. The national rate of recidivism is at 8.1% of the total number of people convicted with some states as high as 71.8% (Sikkim), 48.3% (Lakshadweep) and 44.5% (Chandigarh). (Crime in India, NCRB – 2015) The prison system in India looks at the time and level of punishment given to the individual by the court of law rather than the type of crime committed by the individual. As such, prison authorities tend to put everyone in together and do not separate out first time offender from the habitual ones. Thus, many first time
comes out, again commits crime, goes back to prison and so forth. The upward trend in recidivism is can be because of lack of economic safety after the convicts are being released from jail. The convicts can neither acquire trust of people nor does the government provide any special scheme for such convicts which leads them back to the dark path of crime. The prison authorities need to take serious steps to curb the relapse of a criminal back to a life of crime. If prisons operate as reformatories and work for the motive of rehabilitation within the inmates, the problem of recidivism could be solved and such drastic reoffending rates would not be seen in the society.
offenders are rubbed on by the antisocial mind set of the habitual ones.
Figure 40 | Source: Crime in India, NCRB - 2015 But They All Come Back – Rethinking the Incarceration System in India
96
WHERE IS THE REFORMATION?
that the offender, during the punishment
There exists an urgent need for adequate prisoner-release programs. On completing the jail term, the prisoners are left into the open world without a program that would initiate this procedure. There is no facility or program within the prison or after the
term, has understood and made to realise as to why the act that he committed was wrong. The current prison system takes care to adequately punish an offender but usually neglects his/her rehabilitation and reformation.
punishment that initiates him into the
Mental health conditions turn for the worse
society and helps the prisoner cope with the
in grotesque prison environments. Many
variety of changes that he/she is going to
prisoners
face in coming times. The ideology of
deprivation and so on. Solitary confinement
helping a prisoner re-integrate back into the
or sitting alone for prolonged periods can
society rarely exists within the prison
lead to insomnia, memory loss, and
system in India.
hallucinations, panic attacks, hyper anxiety,
Sudden freedom in such large quantities
claustrophobia and even suicide at times.
can be overwhelming and bad for the
Facilities
speak
or
about
programs
stress,
to
sleep
help
out
individual. There is also no acceptance of
individuals who suffer from these issues are
these prisoners in the society which may
not
have extensive amounts of impact on their
repercussions not only exist within the
psychology.
boundaries of the prison environment but
In
such
circumstances,
normally, the individual is either lost and
found
within
prisons.
These
also once the inmate is released.
doesn’t know how to function or retorts back to crime (where he has some base).
“So, after 21 years in solitary confinement, what would you do?
be
How about spend seven months
synonymous to a mother-child relationship.
violently ill because your body is
On doing something wrong, a mother
now literally allergic to freedom?
usually punishes and shouts at the child but
That's what happened.
The
idea
of
reformation
must
at the same time after the punishment she consoles her child and makes sure the child understands what he/she did was wrong so that the child doesn’t redo it again. In the same way, the authorities must make sure
But They All Come Back – Rethinking the Incarceration System in India
My first seven months after my release were actually torture. I would get blinding headaches just from breathing fresh air, just from
97
the sun on my face. I became allergic to fresh air. Anything I ate just ran through my system. Everything I ate was so rich I couldn't eat anything other than bread for months without getting painfully sick. You know what else I was allergic to? Human emotion. If you say something in prison, those words are taken to the nth degree. If you say, 'Man, I'll kill you,' there better be blood splatter. See,
anger
and
tears
and
Figure 41: Jails have drastic effects on its users | Source: Unknown
happiness and joy, those are luxuries that you have as a human
JAILS HAVE DRASTIC EFFECTS
being that's allowed to interact
ON ITS OTHER USERS
with other human beings. I didn't know this world for so long that
Working day in - day out in a brutal place
when people in my family and
such as a prison is bound to have its toll on
people around me had arguments, I
the users of this place such as the guards,
would jump to arms waiting to go to
policemen, counsellors, doctors and other
war, or expect them to kill each
support staff. Prisons are hardened and dark
other. But then two minutes later
environments and criminals are even more
they're making each other a cup of
hardened people. Being in constant touch
coffee. And I'm thinking, 'Wow, how
with such a scenario has seen a number of
can you do that?'"
policemen undergo stress, depression and anger management issues themselves. This
-Nick Yarris, falsely accused and kept in prison for 21 years.
can in-turn break down the person and inflict pain even on his family members and close
But They All Come Back – Rethinking the Incarceration System in India
ones.
Reports
of
policemen
98
committing suicides is not very rare in the
am the incarcerated.
Indian newspapers. Such
people
who
work
FOR
the
reformation of the prisoner; if they, themselves, undergo this on a daily basis what sort of change can we expect from the inmates. Jacet Moesta shares his views of being a prison guard on Quora below. “I have been a corrections officer in a
jail with a population of 3,800 plus inmates now for 11 years. Imagine being a naked teacher in a room the size for a football field full of students, or a bleeding goldfish in the middle of 500 sharks.
Being an Officer in the first years of employment you often feel alone and isolated. New officers are not welcome by veteran officers from months to years. A new officer can make a mistake that can get them and you killed. In the academy you are taught just enough to get you hurt, and not get sued. You learn you have fewer rights than inmates. You learn excessive paranoia and fear and how to channel them to stay alive. You learn to be firm but fair. You learn honour and truth are a must. Respect is a must. Wait this is sounding like I But They All Come Back – Rethinking the Incarceration System in India
You don’t have a name and then you are forgotten. You can be locked in a room with 72 to 144 inmates with literally just a line painted on the floor separating you from them. You can be walking in by a “tank” (standard as seen on TV bars with a food slot) and hoping you do not get anything thrown on you, and I do mean anything. You become very strong jaded person with a dark sense of humour, go crazy and depressed, or become an inmate. If you stay 5-10 years you are institutionalized. Wait this is still sounding like I am the inmate.
You will attend many funerals of coworkers, most natural or self-induced. You will be in physical fights. You will have scares both visual and mental. Don’t get me wrong I am proud that I work where I do, that my profession is on the top ten worse jobs of 2014. Proud I can walk where cops don’t want to go without their guns. I have learned humility and humanity from the dark side of life perspective, and that I am a better person deep in my soul. My fundamental morals are rock solid.” 99
ARCHITECTURE AND INDIAN
overwhelming and has drastic effects on its
PRISONS
users which not only include inmates but also the guards and other support staff. We
Present day prison architecture is the epitome of hard architecture, one that is grotesque and that is specifically designed
have reached a time where we punish people
with
architecture.
Jails
don’t
necessarily need to look like this.
to torture the criminal mind repeatedly for the
misdemeanour.
The
colonial
monumental architecture of the institution opaque in nature - is also a prime factor
LOOKING AT THE BRIGHT SIDE
aiding the use of architecture as a medium
“Hope is being able to see that there is
for punishment.
light despite all of the darkness.”
A large part of the existing prison
-Desmond Tutu
architecture in India dates back to British colonial era – a time when the freedom movement had spread all over India and a prison’s only purpose was to hold anyone who was against the British. Yerawada Central Jail, Pune built in 1874 and Alipore Jail, Kolkatta built in 1910 are notable examples. Many of these are fortresses converted to prisons and are rigid, raw, hard and frightening. As time has changed, so should the ideology of a prison as a reformative
In spite of the fact that the prevailing conditions of the prison are not very promising - the conditions look dark, melancholic and doomed - there still exists a glimmer of hope in the prison system aiding the reformation of a prisoner. The construction of Open jails, penal colonies and other institutions within the system that advocate a more reformative aspect rather than a punitive one shows a changing ideology behind prisons in India.
institution and so should the architecture.
Prisons in India advocated most or at least
Crime is already a dark entity to begin with.
some of the following programs or
Moreover, most criminals have always
facilities.
lived in dark places. If a jail – which is to be used for reformation – is also a dark place, one cannot really expect a changed individual after his/her sentence. The environments that exists amidst the
Useful and meaningful work has been treated as the central and focal point, around which all institutional activities and training programme, are developed. The old concept of making work in prisons, as
present prison architecture is dark, grim and But They All Come Back – Rethinking the Incarceration System in India
100
punitive and afflictive as possible, has been
Guidance and Counselling Programmes:
discarded.
In
Vocational Training: With a view to improve skills of prisoners, vocational training programmes have been organized within various industries such as textile, carpentry, leather work, tailoring and agricultural
activities.
These
training
programmes are limited and quite outdated and cannot help the prisoner earn a
Education and Distance Learning: It is recognized that through properly organised and diversified educational programmes, prisoners can be re-educated for a better and useful way of social living. Only basic are
available
for
enrolment.
Recreational and Cultural Activities: In the monotonous and humdrum routine of an institution like the prison, recreational and cultural activities (such as films, drama, folk dances, bhajans, radio programmes of types,
newspapers
and
reading
of
magazines
books, have
a
significant role to play and as such they are organised in prisons. Likewise, the republic day, Independence Day, Mahatma Gandhi Jayanti are some of the festivals which are celebrated in prisons. 2nd October is observed as prisoners' welfare day in all the prisons every year.
institution,
proper
attention has to be paid to the individual problems of the inmates. These problems can be multifarious such as, welfare of family members, contacts with family and community, economic problems, land litigation,
legal
help,
institutional
adjustment etc. Such programmes exist only in a handful of prisons throughout
Prison Panchayat: With a view to training prisoners to live like in a co-operative, democratic and disciplined manner to inculcate a sense of responsibility and selfreliance amongst them, panchayats of convicted prisoners have been set-up central prisons and district prisons,
Specialised courses are not available.
various
correctional
India.
livelihood post his prison sentence.
courses
a
Prison Industries: Prison industries like agriculture, textiles, furniture making, bakeries, leather and painting have been organised which are in fact productioncum-training units as prisoners’ gain practical knowledge of the working of the industries in which they work. The working knowledge of different trades so gained by prisoners helps them to earn their livelihood on
release
from
prison.
Articles
manufactured in the prison industries are supplied to other Government department, semi-Government bodies and are also sold to public.
But They All Come Back – Rethinking the Incarceration System in India
101
Incentives
and
Earned
Privileges
introduced or paid attention to include the
Scheme: This is a scheme where prisoners
subjects of provision of free legal services
have the opportunity to get extra privileges
to prisoners, additional provision for
through good behaviour and can lose those
women prisoners such as sensitising the
privileges if they misbehave. The regime is
staff about sexual violence, modernization
based on a system which places prisoners
of prison infrastructure, focus on after-care
on one of the three levels – basic, standard
services by setting up committees for the
or enhanced. Privileges include: number of
purpose, increased focus on staff training
hours allowed outside the cell, number of
and the introduction of routine inspections
visits above minimum allowed, access to
of prisons.
more money to spend in open prisons etc. Though there are positive aspects that exist Further, the introduction of the new Model
within the system, many of these are not
Prison Manual 2016 points out some more
embraced completely and lie at the mercy
reforms that need attention within the
of the direct prison authorities. A positive
system. It aims at bringing in basic
change needs to be brought about in the
uniformity in laws, rules and regulations
core thinking and ideology behind the
governing the administration of prisons and
incarceration system of India – a system
the management of prisoners all over the
that
country. The key pointers that have been
reformation of the offender.
Figure 42: Bakery in Tihar Jail, New Delhi | Source: Reuters, India
promotes
rehabilitation
and
Figure 43: Textile Industry in Tihar Jail, New Delhi Source: www.photoshelter.com
But They All Come Back – Rethinking the Incarceration System in India
102
‘PRISON’ BY A PRISONER The following was posted on Quora
are given most of the facilities. And if not,
(www.quora.com) by an anonymous person
they get their work done from other
in reply to the question ‘What is life like in
inmates. Sometimes a barrack has TV, then
an Indian prison?’ The author describes the
these people will be having the remote.
conditions and his experiences in an Indian
They get good food, some people specially
Jail.
cooked for them, some manage to get from
“I don’t want to go into details about crime I committed and all, but let me tell you that I was guilty for which I was convicted. I spent 3 years in one North Indian Jail, from years 2005-2008. I was an industrialist earlier & I belong to South India.
outside. Court gives permissions for some people so that their family can send food, daily or periodically. Some even get air conditioned rooms. They get mosquito nets. They get books, chair, bed, a better mattress, easy chair, table etc. They call/get barbers whenever they want. Get their
You have to wake up early around 5 – 5.30.
clothes washed whenever they want. They
Breakfast is served around 6.30. And
also get some special services if they have
sometimes they do head count in the
some sexual desires.
evening. Well, most of the times. Two visitors once a week. But no one wants to visit you in jail. Now, before I answer your question one by one, first let me tell you there are two types of prisoners. Privileged & Non-privileged. Privileged – Politicians or close relatives of politicians, high profile scumbags who have ‘connections’ and ‘contacts’. Nonprivileged – aam aadmi.
No one dares to confront these people. They will make sure you get a lesson if you try to be smart with them. In my stay, I was careful & didn’t get into any fight. Yes, there is a lot gang influence in prison & usually the gang leaders belong to privileged group. Media usually tells you lie, but there is a lot difference in prison how people are treated. Privileged ones are given almost every
Privileged people spend a better time here.
facility including internet & mobile access.
They don’t have much restrictions. And they
But if you are some public enemy, a known
But They All Come Back – Rethinking the Incarceration System in India
103
convict, then for first few months you have
with anyone. And especially with privileged
to stay low. Because media & public are
ones. Learn to be always stay low &
watching you. Then they will forget. Do you
invisible. Inmates always looking to beat
need some special care? Feel like to stay
you up & even authorities will beat you up
outside jail for some time? Then you call
if they are angry & if you are caught with
your ‘connections’, you will get illness
some mistake.
certificates of so many horrible diseases & then you will be sent to some good hospital, where you can spend your time. Some people even stay in hospitals like 9-10 months. Coming to unprivileged, the unlucky ones. Unlike privileged, you get no special treatment. You have to eat the horrible food with so many others. You don’t get to sit in cleaned toilets nor do you get clean clothes. Only 2 or 3 mattresses are given. No mosquito net. No books, nothing. You must be prepared to live your life in a tiny 15 x 10 feet cell. You should
I had mentally prepared to stay in jail for the crime I committed & for first 15 months I stayed completely low. Later I made friends with some distant relative of a politician. Then I more of became a privileged one. Even he was transferred to different jail after around 10 months. My rest of the time was similar & better. In Indian jails also there is discrimination, just like in Indian society. People with money & connection stay in jail with pretty much every facility & rest all suffer a lot.
learn to be quiet & be respectful to jail
It’s been 5 years & now I am a changed
authorities however they behave with you.
man. However I still get shivers thinking of
You have to learn kissing arse of jail
my time I spent.”
authorities & privileged ones, otherwise your life will be hell. You should be always careful & manage to not to get in with fights
But They All Come Back – Rethinking the Incarceration System in India
104
PRISON TRENDS AND STATISTICS
Note: Occupancy Rate means the number of inmates staying in jails against the authorized capacity for 100 inmates.
Figure 44 | Source: Prison Statistics, NCRB - 2015 But They All Come Back – Rethinking the Incarceration System in India
105
Table 12 | Source: Prison Statistics, NCRB - 2015
Maximum overcrowding were reported in district jails (131.1%) followed by central jails (116.4%) in 2015.
Figure 45 | Source: Prison Statistics, NCRB - 2015 But They All Come Back – Rethinking the Incarceration System in India
106
Figure 46 | Source: Prison Statistics, NCRB - 2015
The occupancy rate at All India level at the end of 2014 was 117.4% which decline slightly to 114.4% at the end of the year 2015.
Figure 47 | Source: Prison Statistics, NCRB - 2015
Dadra & Nagar Haveli has reported the highest overcrowding (276.7%) followed by Chhattisgarh (233.9%), Delhi (226.9%) and so on. But They All Come Back – Rethinking the Incarceration System in India
107
Table 13 | Source: Prison Statistics, NCRB - 2015
6.7% (2,44,364 out of 36,36,596) of total arrestees were those who were convicted once in the past. 1.0% (37,649 out of 36,36,596) of total arrestees were convicted twice in the past. 0.4% (14,143 out of 36,36,596) were habitual offenders i.e., they were convicted thrice or more in the past.
Figure 48 | Source: Prison Statistics, NCRB - 2015 But They All Come Back – Rethinking the Incarceration System in India
108
Figure 49 | Source: Prison Statistics, NCRB - 2015
A total of 1,584 deaths in jails were reported (1,469 natural and 115 un-natural) during the year 2015. Out of the 115 un-natural deaths, suicide was the main cause.
Figure 50 | Source: Prison Statistics, NCRB - 2015
Uttar Pradesh (21) witnessed the maximum number of deaths within prisons followed by Delhi (15), West Bengal (12), Karnataka (11), Maharashtra (7) and so on. But They All Come Back – Rethinking the Incarceration System in India
109
CHAPTER 7: CASE STUDIES – PUNITIVE MODELS The case studies have been analysed based on three basic aspects: features, functional aspects and architectural aspect. Prisons are a highly classified subject as far as the authorities are concerned. Drawings and photographs of interiors of prisons are not permitted by law and if clicked have been taken
at
the
concerned
authorities’
discretion. The study purely relies on secondary sources of data and declassified literature, unless specified.
.
But They All Come Back – Rethinking the Incarceration System in India
110
THANE CENTRAL JAIL, THANE
Figure 51: Google Earth plan of Thane Central Jail, Mumbai.
PURPOSE: To understand the working, functioning and ideology of a central jail in India as an example of the punitive model.
But They All Come Back – Rethinking the Incarceration System in India
111
Figure 52: Google Earth plan of Thane Central Jail, Mumbai showing zoning.
Execution yard; gallows
Barracks and cell block yards
Administration + Storage shed
Prison industries
Kitchen
Staff Quarters
Farmlands
Inner jail fort walls
Outer jail periphery
But They All Come Back – Rethinking the Incarceration System in India
112
FUNCTIONAL
The prison does not meet the required specifications of the Model Prison Manual.
ASPECTS
It provides the following facilities: Dental
1. WORKING MODEL: Punitive
Check Up, Examination ward, Recovery
model; closed prison typology; maximum security
ward. It has four isolation wards. There are
2. AREA: 43 acres; lake: 4.94 acres;
rooms and case paper rooms. There is a
cultivation land: 10.52 acres
any other treatment the concerned inmate is
3. FACILITIES
taken to the Thane Civil Hospital which is
Maximum Capacity: 1105 persons Current Occupancy: 2500 persons
offices for compounders, doctors, store
separate toilet and bath for the hospital. For
500m away from the central jail.
3C. ADMINISTRATION The administration building is located at the
3A. ACCOMMODATIONS
main entrance gate adjoining the fort wall.
Barracks for under trials and low security
It is the master control area and houses the
convicts. There are eight G+2 barracks and
following functions:
four G+1 barracks. Apart from this there are
•
6 more barracks that are G structures and are
radially
•
Writing office
measures 6m x 3m in plan. The cells are
•
Superintendent’s office, jailor’s
used
for
Each
entrance and sally port.
barrack
exclusively
planned.
Strip search area common with
high
security
offices, staff offices
prisoners. Presently there are cells that
•
Court Hall
accommodate 2-5 inmates as well as single
•
Ammunition rooms
•
Meeting rooms
•
Record rooms
•
Holding cells
occupancy cells depending on level of security necessary.
3B. PRISON HOSPITAL Built for 5% of the prison’s maximum capacity (i.e. 1105 pax) as per the Model
3D. KITCHEN
Prison Manual.
One of the housing barracks has been
Current maximum capacity: 26 persons.
converted into a kitchen with a dry storage
Desired capacity: At least 5% of the current
area attached to it. All the raw materials are
occupancy of 2500 persons, i.e. 125 persons
usually taken in from the main gate. The kitchen also utilises the cooking skills of
But They All Come Back – Rethinking the Incarceration System in India
113
the prisoners and food for all occupants of
Gallows are places where prisoners were
the prison as well as the guards and staff
hung during the days of death penalty.
members is cooked by the prisoners.
Since, the death penalty is a null system now, it has been converted into a memorial.
3E. PRISON INDUSTRIES The Thane Central Jail houses a number of
3G. EDUCATION AND
industries
VOCATIONAL TRAINING
within
the
premises.
The
objective of this is to keep the inmate busy
Vocational training exists in the form of the
and preoccupied during the prison sentence
training that the convicts receive while
and to teach him some new work that he
working in the various industries as
could utilize to earn a livelihood once he
mentioned above. Other than this, no other
has been released. At present, these prison
form of vocational training or education
industries include tailoring, carpentry,
system or distance education system exists
power
within the jail.
loom,
pottery,
bakery,
and
laundry. The product of these industries is usually either utilised within the prison premises or supplied throughout the various government departments of Maharashtra. Any other produce is sold off to the public. The prisoners usually earn INR 45, 50, 55 per day for the work they do depending on hours of work put in. This money is
ARCHITECTURAL ASPECTS The geometry of the Thane Central Jail is reminiscent of the star-shaped military fortification developed by the Frenchman Vauban during the 17th century.
deposited into each prisoners’ account and handed over to them after release. Money
1.
HISTORY
AND
AGE
OF
can also be spent by the prisoners to buy
CONSTRUCTION
basic items like biscuits, soaps, toothpaste,
The construction of the Thane Central Jail
etc. from the prisoner run supermarket
dates back to 1730. The Portuguese ruled
inside the prison. Of course, this is only
Thane for over 200 years from 1530 to
available for the under trials or the low
1740. During this period Thane was known
security convicts.
as “Kalabe De Tana”. Construction of the
3F. GALLOWS
Thane Fort began in 1730 for defence
Gallows exist within the jail premises that
purposes from the Maratha Empire. The
are reminiscent of the history of the fort.
But They All Come Back – Rethinking the Incarceration System in India
114
Thane Fort was conquered by the Maratha
fort. When the fort was converted into a
Empire on March 28th, 1738.
prison, the already existing fort walls aided
In 1757, the fort was converted into a prison
in securing the common public from the
for the Maratha Empire.
inmates
In 1972, the fort was declared as a central
geometrical form of the fort allowed the
jail
prison for hierarchical security planning.
by
the
prison’s
department
of
inside
Maharashtra.
Levels of security:
As such, the Thane Fort has historically
•
the
fort.
Also
the
Outer circle on the outer periphery
been known as a place of punishment and
houses the general convicts and under
detention whose roots take place since the
trials.
Portuguese control of the land. The
•
Inner circle houses those convicts of
architecture of the fort represents this as
who require higher security measures.
well. Over the years, a number of new
The circle is fenced with a 3m high
construction has taken place within the
fence
premises to accommodate more inmates but
surveillance by guards manning the
the core set up still remains the fort built in
grounds and CCTV cameras. The fence
1730.
is clad with tin sheets to avoid any time
2. MATERIALS USED
of communication and contact between
The fort wall is made of sturdy local stone
the outer and inner circle prisoners.
and
is
under
constant
and is 7.5 m in height running all around the prison. Later additions include barracks which have been built using bricks for walls
DAILY SCHEDULE OF
with white plaster. These barracks are
INMATES
ground structures with sloping roofs and a
A daily schedule for the inmates starts with
stone plinth.
sunrise and ends with sunset. 5.30 am: Prayers
3. PLANNING CONCEPT
5.30 am – 6.00 am: Unlocking of
Forts have classically been built to restrict
accommodations, letting prisoners out. One
entry and exit of people inside as well as
glass milk provided.
outside the fort walls. The Thane fort was
6.45 am: Bathing, toilets.
built based on the ideas of the Vauban
7.45 am: Morning tea and breakfast,
Fortifications which improved the defence
usually fruits and porridge.
and offence capabilities of the ruler of the But They All Come Back – Rethinking the Incarceration System in India
115
8.15 am – 10.30 am: Work allotment and
5.30 pm – 6.30 pm: Dinner, usually 3 rotis,
working within the prison industries.
rice, dal and vegetables; outdoor recreation.
10.30 am – 11.30 pm: Lunch; usually 3
6.45 pm: Locking up of prisoners within
rotis, rice, dal and vegetables.
their cells and barracks.
12.00 pm – 3.00 pm: Rest; prisoners are
7.00 pm – 8.00 pm: Free time locked
counted
within accommodation.
and
locked
accommodations.
up
within
8.00 pm: Lights out and bed time.
3.00 pm – 5.00 pm: Work.
But They All Come Back – Rethinking the Incarceration System in India
116
Figure 53: Entry gate at the outer periphery of the Thane Central Jail | Source: www.dnaindia.com
Figure 54: Inmates as the worksheds in the Thane Central Jail | Source: www.indianexpress.com
But They All Come Back – Rethinking the Incarceration System in India
117
YERWADA CENTRAL JAIL, PUNE
Figure 55: Google Earth plan of Yerwada Central Jail, Pune.
PURPOSE: To understand the working, functioning and ideology of a central jail in India as an example of the punitive model.
But They All Come Back – Rethinking the Incarceration System in India
118
Figure 56: Google Earth plan of Yerwada Central Jail, Pune showing zoning.
Anda cell for maximum security inmates
Barracks and cell block yards
Kishore and Tilak yard
Printing press
Kitchen cum watchtower
Staff Quarters
Main entry gate
Inner jail wall
But They All Come Back – Rethinking the Incarceration System in India
Outer jail wall
119
The Yerwada Central Jail in Pune is a part
‘anda’ cell, called as such as it resembles
of a larger complex of numerous jails
an egg, is used to imprison high security
namely Yerwada Central Jail, Yerwada
prisoners. Rest of the yards consist of a
Open Jail and the Yerwada Women’s Open
radial arrangement of barracks with work
Jail. As such it is one of the largest jail
sheds between them and a guard tower in
complexes in not only India but also in
the centre. Barracks are single storeyed
Asia. The Yerwada Central Jail is a
with a high plinth. Each barrack can
maximum security jail.
accommodate up to 60 inmates but are stuffed with about 100-120 inmates each.
FUNCTIONAL ASPECTS 1. WORKING MODEL: Punitive
Each barrack is provided with a small television, a few carom boards and a very small cubicle/area that is used as a toilet and for bathing purposes. Each cell is 3m x 3m
model; closed prison typology.
in plan with a single window as the only
2. AREA: 512 acres complex of which
source of light. There exists 39 barracks, 246 cells and 21 work sheds.
Central Jail covers 64 acres
3. FACILITIES
Staff quarters include G and G+1
Maximum Capacity: 2325 persons
of individual bungalows as well as
Current Occupancy: 4600 persons
apartments
Prison staff: 350-400 guards plus 100 more
description of the staff member. These are
ancillary staff.
spread on the campus plot but outside the
3A. ACCOMMODATIONS
jail fortress walls.
There exists three kinds of accommodations
3B. PRISON HOSPITAL
for prisoners based on level of security
structures with sloping roofs and are a mix
depending
on
the
job
The prison hospital is located within a
required. These include the barracks, the
barrack of 6m x 3m. The prison hospital
isolation cells and the ‘anda’ cell.
does not meet the required specifications of
Overall, the prison grounds are divided into
the Model Prison Manual. It provides the
yards each with a number of barracks or cell
following facilities: Dental Check Up,
block within. The Tilak Yard consists of 7
Examination ward, Recovery ward, clinic
cell blocks which were used to imprison
and first aid. There are offices for
Mahatma Gandhi, Jawahar Lal Nehru and
compounders, doctors, store rooms and
Motilal Nehru once upon a time. The
case paper rooms. It has different cells for
But They All Come Back – Rethinking the Incarceration System in India
120
HIV positive patients, TB patients and the
cooked by the prisoners. Above the kitchen
mentally challenged patients. There is a
seems to be a Control Tower utilised by the
separate toilet and bath for the hospital. For
guards. Food in the kitchen is made on
any other treatment, the concerned inmate
diesel burners.
is taken to the Municipal Hospital which is about 5km away from the central jail.
3E. PRISON INDUSTRIES A number of industries and factories are
3C. ADMINISTRATION
housed within the premises of the Yerwada
The administration building is located at the main entrance gate adjoining the outer most wall. It sits between the two main walls surrounding the 64 acre jail premises. It is the master control area and houses the
Strip search area common with
Writing office
•
Superintendent’s
prison sentence and to teach him some new work that he could utilize to earn a livelihood once he has been released. At
tailoring, carpentry, hand loom, power loom, dyeing, leather, paper factory,
entrance and sally port. •
the inmate busy and preoccupied during the
present, these prison industries include
following functions: •
central jail. The objective of this is to keep
pottery, bakery, and laundry. Apart office,
jailor’s
offices, staff offices •
Ammunition rooms
•
Meeting rooms
•
Record rooms
•
Holding cells
•
Watch tower/ gallery
from
these
the
many
automobile
companies approach the jail to utilise their labour. Companies like Mahindra provide the inmates with raw materials to create wiring done within their vehicles all within the prison premises. The prison also houses a printing press that supplies all sorts of books and paper stationery exclusively throughout all departments of
3D. KITCHEN Right in the middle of the prison campus is the kitchen with a dry storage area attached to it. All the raw materials are usually taken in from the main gate. The kitchen also utilises the cooking skills of the prisoners and food for all occupants of the prison as well as the guards and staff members is
the Maharashtra government. The products of other industries is usually either utilised within the prison premises or supplied
throughout
the
various
government departments of Maharashtra. Any other produce is sold off to the public. The prisoners usually earn INR 45, 50, 55 per day for the work they do depending on
But They All Come Back – Rethinking the Incarceration System in India
121
hours of work put in. This money is
festivals and important days like New year,
deposited into each prisoners’ account and
Diwali, Republic Day, Independence Day,
handed over to them after release. Money
Gandhi Jayanti etc.
can also be spent by the prisoners to buy basic items like biscuits, soaps, toothpaste, etc. from the prisoner run supermarket
ARCHITECTURAL
inside the prison. Of course, this is only
ASPECTS
available for the under trials or the low
1.
security convicts.
CONSTRUCTION
HISTORY
AND
AGE
OF
The construction of the Yerwada Central
3F. EDUCATION AND
Jail dates back to 1871. It was built by the
VOCATIONAL TRAINING
British for the sole purpose of holding down
Vocational training exists in the form of the
anyone and everyone against the British
training that the convicts receive while
Rule. During those years, Yerwada jail was
working in the various industries as
on the outskirts of the city, today it finds
mentioned above. Other than this, no other
itself right in the middle of urban Pune city.
form of vocational training exists within the
Under British rule, the jail housed many
jail. Distance learning is available for those
freedom fighters especially between 1930–
convicts that want to continue their
42, including Mahatma Gandhi, Jawaharlal
education further.
Nehru, Netaji Subhas Bose and Bal Gangadhar Tilak. During the Emergency
3G. RECREATION
era of 1976-77, many politicians were
Each yard with the premises has ample of
detained in this jail. Among those detained
open ground, as such, inmates generally
here were Balasaheb Deoras, Atal Bihari
play volleyball, football and cricket. Each
Vajpayee and many others. Ajmal Kasab,
barrack is supplied with a couple of carom
responsible for the 26/11 Mumbai terrorist
and chess boards. The jail also has a library
attacks, was detained and hanged here.
and video conferencing facility. Also, very recently, an in-prison radio network has
2. MATERIALS USED
started functioning. It is run by the
The jail wall is made of dull concrete and is
prisoners exclusively. The jail campus
6.0 m in height running all around the
include an open air area with a stage for
prison. All the older constructions were
cultural performances and so forth during
done in black basalt stone. These include
But They All Come Back – Rethinking the Incarceration System in India
122
the barracks, sheds, cell block buildings and
are organized hierarchically depending
office buildings. Later additions include
on type of inmates, function and
barracks and cell block buildings which
security level. Each yard is surrounded
have been built using bricks for walls with
by reinforced concrete walls about 4.5
white plaster. These barracks are ground
– 6m in height.
structures with sloping roofs and a stone
•
The anda cell is a high security cell
plinth. The anda cell built in the 1990s has
block used for maximum security
been constructed using purely reinforced
criminals and terrorists. It is oval in
cement concrete.
plan – like an egg- and has radially placed individual isolation cells with a
3. PLANNING CONCEPT
central circulation core. To prevent
•
The 64 acre central jail campus is
escape the external walls are bare and
surrounded by a 6m high dull concrete
have no openings, the core being the
wall. A few metres beyond this wall,
only inlet for sunlight. The walls are
lies another 6m high concrete wall. The
450-600mm thick and the entire
space between the two walls is manned
structure if filled with concrete up to
by guards on foot and dogs to make
600mm below ground level. There
sure no escape attempts take place via
have been stories that there exists an
tunnels. For a prisoner to escape, he
underground cell block below the anda
needs to cross 3 different circles of
cell as well. It is a bomb proof, tunnel
security: yard wall, inner periphery
proof and bullet proof structure with
wall and the outer periphery wall.
electric fencing all around it.
•
The complete complex has two entry
The rest of the yards, leaving the Tilak
points out which only the main entry is
and Kishore yard, is circular and semi-
utilised. The second entry is kept
circular in composition with barracks
closed throughout the year. The main
radiating from a central watch tower/
entry is flanked by the original jail
guard
entry gate built in 1871 and houses the
inspiration from the ‘hub-and-spoke’
administrative wing of the prison.
layout and the Pentonville layout that
Traditional watch towers are placed at
was introduced in Britain in 1841.
strategic locations within the premises. •
•
•
tower.
This
layout
takes
Each circular yard includes a central
The overall jail campus organization is
guard office and tower which has
very symmetric and the different yards
openings on all sides to keep a watch
But They All Come Back – Rethinking the Incarceration System in India
123
on the prisoners. There are 8 barracks within a circular yard with work sheds between them. The grounds within
DAILY SCHEDULE OF INMATES
each yard is used for recreation. •
•
•
Each barrack is a single storeyed
A daily schedule for the inmates starts with
structure with a high plinth. It has high
sunrise and ends with sunset.
walls (5.2m), a sloping roof and
5.30 am: Prayers
windows with bars. Over all feel is
5.30 am – 6.00 am: Unlocking of
quite dark and dingy. There are no
accommodations, letting prisoners out. One
provisions for sleeping spaces or
glass milk provided.
closets – it is just a bare plinth where
6.45 am: Bathing, toilets.
each prisoner sleeps on the ground. A
7.45 am: Morning tea and breakfast,
small bathing area and toilet is present
usually fruits and porridge.
within each barrack; these are too less
8.15 am – 10.30 am: Work allotment and
in number compared to the population
working within the prison industries.
of each barrack.
10.30 am – 11.30 pm: Lunch; usually 3
To solve issues of overcrowding, four
rotis, rice, dal and vegetables.
new
12.00 pm – 3.00 pm: Rest; prisoners are
two
storey
barracks
are
presently being constructed within
counted
and
locked
up
within
the prison premises.
accommodations.
The kitchen is placed right in the centre
3.00 pm – 5.00 pm: Work.
of the campus to aid in the easy
5.30 pm – 6.30 pm: Dinner, usually 3 rotis,
delivery of food to the various barracks
rice, dal and vegetables; outdoor recreation.
and cell blocks.
6.45 pm: Locking up of prisoners within their cells and barracks. 7.00 pm – 8.00 pm: Free time locked within accommodation. 8.00 pm: Lights out and bed time.
But They All Come Back – Rethinking the Incarceration System in India
124
Figure 57: Main entry gate of the Yerwada Central Jail | Source: www.mid-day.com
Figure 58: Inmates at the Yerwada Central Jail attending yoga sessions | Source: www.indianexpress.com
But They All Come Back – Rethinking the Incarceration System in India
125
INFERENCE AND PERSONAL OBSERVATIONS Both the Thane Central Jail and the
with overcrowding issues and stagnant
Yerwada Central Jail are prime examples of
environment.
a punitive model of jail belonging to the
All said and done, there are some positive
Indian incarceration system. The objective
aspects that cannot be overlooked but these
of both the prisons is derived from the
are few in number. Prisoners are kept busy,
classical
and
they do acquire new skills, they are paid for
incapacitation. They believe in the saying
the work they do and parole and furlough
“Empty mind is a Devil’s workshop”.
options are also available.
Hence, the prisoners are kept busy with
The punitive system is a necessary evil. At
work to avoid any untoward incidents and
some point this system is mandatory (in
mischief.
case of hard-core criminals, serial and
But the question still lingers, who does this
psychotic killers) but it is not enough to
really help, the prisoners or the society at
really bring about a transition in an
large?
offender. There needs to be some sort of an
In actuality, it defeats the very purpose for
intervention that forces the offender to
which it was created. The reoffending rates
change his views about his past actions and
have risen over the years. There exists in-
make him realize his folly to kick start this
prison riots and violence, added to the
transition.
rampant corruption in the jail. There are
To conclude, I still would like to maintain
very limited facilities and opportunities
that there needs to be a drastic change in the
available for the inmates to progress in
way jail and jail philosophy works. Though
terms of acquiring education or even
the world outside the prison walls has
acquiring work skills as most of the prison
advanced and stepped into the 21st century,
industries are regressive and not in tune to
the jail and its philosophy still harbours age
today’s times. They definitely need some
old systems of regressive thinking and
vital revamping to bring it on par with
degrading treatment meted out to the
present
prisoners. A change for betterment is
ideology of
times.
conditions
are
deterrence
Moreover, squalid
the
and
living
pathetic.
inevitable in the near future.
Prisoners are kept in a derogatory manner
But They All Come Back – Rethinking the Incarceration System in India
126
CHAPTER 8: NEED FOR A REFORMATIVE SYSTEM
But They All Come Back – Rethinking the Incarceration System in India
127
“A reformative philosophy, rehabilitative
in custody must always have regard to their
strategy, therapeutic prison treatment and
likely conditions during as well as after the
enlivening
release. Apart from the humane and secure
of
prisoner’s
personality
through a technology of fostering the
containment
fullness of being such a creative art of
environment should provide controlled
social defence and correctional process’
conditions in which they can move towards
activating
of
a better understanding of themselves and
prisoner’s rights is the hopeful note of
learn to accept and deal responsibly with
national prison policy struck by the
the consequences of their own behaviour.
constitution and the court.” – Justice
The objective of punishment should be the
Krishna Iyer
reform
fundamental
guarantees
Prison is a place where the criminal justice
of
of
the
inmates,
criminal
the
rather
prison
than
deterrence.
system puts its entire hopes. When
The Reformative theory is based on the
imprisoned, men and women do not cease
humanistic principle that even if an
to be human beings and moral standards by
offender commits a crime, he does not
which society lives must apply to them as
cease to be a human being. He may have
far as possible. As a consequence to this
committed a crime under circumstances
fact, it follows that what happens to people
which might never occur again.
Therefore an effort should be made to
and converted into helpful friends by good
reform him during the period of his
words and mild suggestions. Severe
incarceration.
the
punishment can merely debase them. Man
punishment should be to bring about the
always kicks against pricks. Whipping will
moral reform of the offender. He must be
make him balk. Threat will result in
educated and taught some art or industry
resistance. Prison hell may create the spirit
during the period of his imprisonment so
of defiance of God and man. Hanging a
that he may be able to start his life again
criminal is merely an admission of the fact
after his release from jail.
that human beings have failed to reform the
The
objective
of
Advocates of this theory contend that by an empathetic, tactful and loving treatment of the offenders a revolutionary change may be brought about in their characters. Even the cruel hard prisoners can be reformed
erring citizen. Corporal punishments like whipping and pillory destroy all the finest sentiments and tenderness in man. Mild imprisonment with probation is the only mode
But They All Come Back – Rethinking the Incarceration System in India
of
punishment
approved
that
128
advocates of the reformative theory. (Priya
Criminology supports the reformative
2014)
theory. Criminology regards every crime as
Reformative theory is also know in the world of law as rehabilitative sentencing. Under this, the purpose of punishment is to reform the offender as a person and not as a criminal, so that he may become a normal law-abiding member of the community once again. Here emphasis is placed not on the crime or the harm caused but on the person and personality. According to experts, reformative theory can work fruitfully in case of reformation of nonhabitual offenders, but in some cases it does not work so smoothly as in the case of a hardened criminal. Such criminals do require
some
amount
of
‘tough’
punishment. Thus, it can be said that the reformative theory will be more effective it is intended to supplement some sort of punishment,
rather
than
replace
it
a pathological phenomenon, a mild form of insanity and
an
innate
of
acquired
physiological defect (Priya, 2014). In terms of theory, largely offenders commit crime due to psychological factors, personality defects or social pressures. According to this, crime is committed as a result of the conflict between man and the motive of the criminal. One may commit a crime either due to the temptation of the motive being stronger or because the restrain imposed by the person’s character is weak. Reformative theory aims to strengthen the character of the offender so that he may not become a victim to his own temptations. As such, prisons need to turn into reformatories where physical, moral and intellectual training needs to be provided in order to improve the character of the offender.
altogether.
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129
CHAPTER 9: CASE STUDIES – REFORMATIVE MODELS The case studies have been analysed based on three basic aspects: features, functional
aspects
and
architectural
aspect. Prisons are a highly classified subject as far as the authorities are concerned. Drawings and photographs of interiors of prisons are not permitted by law and if clicked have been taken at the concerned authorities’ discretion. The study purely relies on secondary sources of data and declassified literature, unless specified
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130
YERWADA OPEN JAIL, PUNE
Figure 59: Google Earth plan of Yerwada Open Jail, Pune.
PURPOSE: To understand the working, functioning and ideology of the prison as it is quite different and distinct from a typical prison in and around India. But They All Come Back – Rethinking the Incarceration System in India
131
Figure 60: Google Earth plan of Yerwada Open Jail, Pune showing zoning.
Area under Yerwada Central Jail Prison industries – powerloom factories Temple + Cultural performance stage
Barracks in Yerwada Open Jail
Administration + Storage shed
Kitchen
Staff Quarters
Inner jail periphery Barbed wire fence
Outer jail periphery Barbed wire fence
Farmlands
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132
The Yerwada Open Jail in Pune is a part of
of the jail, more chances of parole and
a larger complex of numerous jails namely
remuneration for the amount of time spent
Yerwada Central Jail, Yerwada Open Jail
in the prison with lowering of prison
and the Yerwada Women’s Open Jail. The
sentence (1 year spent in an open jail
Yerwada Open Jail is a minimum security
reduces the inmates sentence by 13 months,
jail.
if behaviour is good).
The Open jail philosophy of punishment is
The atmosphere within the premises is quite
a rehabilitative and reformative one. It
relaxed and guards treat the inmates as
provides the inmates with a medium to seek
friends rather than as criminals.
repentance and remorse for their past acts. It is intended for those prisoners who present a low risk; can be reasonably trusted in open conditions and for whom open conditions are appropriate. Any inmate who
FUNCTIONAL ASPECTS
is a part of an open jail has to go through
1. WORKING MODEL:
the closed jail typology first before
Rehabilitative model; open prison typology.
qualifying for an open jail. For the Yerwada open jail, a prisoner must have spent at least 7-8 years in a closed jail and must have a good behaviour record for entry into an open jail system. This may differ on a case
2. AREA: 512 acres complex of which Open Jail covers 2-3 acres excluding farmlands.
to case basis. Any violations by an inmate
3. FACILITIES
within the open jail, usually results in him
Maximum Capacity: 172 persons
or her being confined again in the closed
Current Occupancy: 162 persons
jail. Convicts in crimes such as narcotics
Prison staff: 20 prison staff including
trade, gang wars, dacoity, robbery and rape
guards and ancillary staff.
are not considered for the Open Jail. Each inmate in the Open Jail gets some specific advantages over the closed Central Jail. These usually include more liberty (but within the stipulated 2-3 acres of the jail premises), no lock ups, no bars, unlimited family visits so much so that they can sit and eat food with them in the open garden
3A. ACCOMMODATIONS The accommodations within the open jail premises consists of 4 barracks with a capacity of 43 persons each. Each barrack is single storeyed with a high plinth. Each barrack is provided with a small television, a few carom boards and a very small
But They All Come Back – Rethinking the Incarceration System in India
133
cubicle/area that is used as a toilet and for
3D. KITCHEN
bathing purposes. Inmates sleep on the
A barrack has been converted into a kitchen
ground as there is no provision for beds or
where about 6-8 inmates work daily to
any storage spaces.
provide the 132 inmates plus the 20 prison
Staff quarters include G and G+1 structures with sloping roofs and are a mix of individual bungalows as well as apartments
depending
on
the
job
description and hierarchy of the staff member. These are spread on the campus
staff with daily meals. The kitchen has a dry storage area as well. Raw materials for cooking are either brought in from outside the jail or are used from the farm lands in which the prisons work. In the same barrack, exists a canteen-cum-store that allows the inmates to purchase small items
plot.
of food like biscuits or other daily use items
3B. PRISON HOSPITAL
like toothpaste, soap etc. for subsidised
There exists no provision for a prison
amounts.
hospital or a post of for a doctor. Any inmate injured is taken to the prison hospital in the Yerwada Central Jail or to the municipal hospital about 6 km away
3E. PRISON INDUSTRIES Unlike the Yerwada Central Jail, the Open Jail has a limited number of industries. A power loom factory exists within the
from the open jail.
premises which provides work to about
3C. ADMINISTRATION
60% of the Open Jail inmates. The factory
The administration building is located in a
takes contracts for producing mosquito
barrack-converted-to-office structure at the
nets, blankets and bedsheets and supplies
main entrance gate. The open jail doesn’t
them usually within the government
allow the use of guns and does not store any
departments. Anything extra is sold off to
kind of ammunition within the premises. It
the common public.
is the master control area and houses the
The Open Jail also comprises of a nursery
following functions:
and 260 acres of farmland on which the
•
Writing office
•
Superintendent’s
prisoners work. The vegetables produced office,
jailor’s
are used by the Central and Open Jail. Also,
offices, staff offices
a number of cows, sheep, goats, buffaloes
•
Meeting rooms
and other cattle exist who are taken care
•
Record rooms
by the open jail inmates.
•
Staff common rooms
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134
Very recently, the prisoners are trying to
to spend time outside their barracks for as
breed fish in a small pond that is adjacent
long as they like. Some prisoners sing and
to the prison premises. Vermiculture and
act, whereas some play board games to pass
vermicomposting are two more activities
time. A specific inmate sketches and makes
that the inmates take part in.
models and sculptures using paper and
The prisoners usually earn INR 55, 60, 70
cardboard in his free time. The jail also has
per day for the work they do depending on
video conferencing facility. The jail
hours of work put in. This money is
campus include an open air area with a
deposited into each prisoners’ account and
stage for cultural performances and so forth
handed over to them after release or can be
during festivals and important days like
used within the prison to purchase items
New
from the canteen/store.
Independence Day, Gandhi Jayanti etc.
year,
Diwali,
Republic
Day,
Also, a number of yoga camps and
3F. EDUCATION AND
counselling sessions take place but these
VOCATIONAL TRAINING
are few and very spread out throughout the
Vocational training exists in the form of the
year. A Ganapati temple exists on the
training that the convicts receive while
premises right in the middle.
working in the various industries as mentioned above. Other than this, no other form of vocational training exists within the jail. Distance learning is available for those
ARCHITECTURAL ASPECTS
convicts that want to continue their education further but specialised courses
1. HISTORY AND AGE OF
are not available.
CONSTRUCTION The construction of the Yerwada Open Jail
3G. RECREATION
dates back to 1956 when the ideology of
The premises has ample of open ground,
open jails was introduced in the Indian
and as such, inmates generally play
penal system. Most structures within the
volleyball, football and cricket. Each
open jail premises date back to the 1955-
barrack is supplied with a couple of carom
1960 and the set up still remains pretty
and chess boards as well as a television.
much the same except for the power loom
Apart from the above, since the facility is
factory that was built in 1970’s.
an open system, the prisoners are allowed But They All Come Back – Rethinking the Incarceration System in India
135
2. MATERIALS USED
family members or any other visitors.
All the older construction was done in black
A large pond with filled with ducks and
basalt stone. These include the barracks,
other birds also exists adjacent to the
factory sheds, and office buildings. Later
entrance.
additions include a new barrack which has
•
Each barrack is a single storeyed
been built using bricks for walls with white
structure with a high plinth. It has high
plaster.
ground
walls (5.2m), a sloping roof and
structures with sloping roofs and a stone
windows with bars. There are no
plinth.
provisions for sleeping spaces or
These
barracks
are
closets – it is just a bare plinth where each prisoner sleeps on the ground. A
3. PLANNING CONCEPT •
small bathing area and toilet is present
The Yerwada Open Jail for males lies
within each barrack; these are too less
right behind the Yerwada Central Jail.
in number compared to the population
The open jail premises is situated on 23acres of land and has a 1.5m high barbed wire fence running all around
of each barrack. •
behind the sleeping barracks.
the periphery instead of concrete walls as seen in the central jail. It has only one entry point which is just an iron bar gate about 1.5 m in height. Apart from this, the open jail also has 260 acres of farmland for growing vegetables and grains. •
The layout within the prison premises is very similar to a village layout. The temple and cultural stage is right in the middle of the premises with the barracks with 2 barracks on each side
The kitchen cum store is placed right
DAILY SCHEDULE OF INMATES Being an open jail, there is no fixed schedule that the inmates follow but there are fixed timings for meal times and wake up and bed times as the prisoners are counted at least 4-5 times daily and a record is maintained. A daily schedule for the inmates starts with sunrise and ends with sunset.
of it. The administration building and the power loom factory are situated on
6.00 am: Prayers and counting
either sides of the entrance. A large
6.30 am – 7.00 am: One glass milk
garden exists right at the entrance that
provided.
is utilised by the prisoners to meet their
7.00 am: Bathing, toilets.
But They All Come Back – Rethinking the Incarceration System in India
136
8.00 am – 8.30 am: Morning tea and
4.00 pm – 6.00 pm: Work; inmates are
breakfast, usually fruits and porridge.
counted
9.00 am – 2.00 pm: Work allotment and
6.00 pm – 6.30 pm: Evening tea and
working within the prison industries;
snacks; outdoor recreation.
inmates can take breaks whenever they
6.30 pm – 8.00 pm: Free time
please and visit the kitchen or store for
8.00 pm – 9.00 pm: Dinner, usually 3 rotis,
snacks; inmates are counted
rice, dal and vegetables; inmates are
2.00 pm – 3.00 pm: Lunch; usually 3 rotis,
counted.
rice, dal and vegetables.
10.00 pm: Lights out and bed time; inmates
3.00 pm – 4.00 pm: Rest or recreation.
are counted.
Figure 61: Entrance gate at the outer periphery | Source: www.mahaprisons.gov.in
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137
Figure 62: Cultural programs at the temple and open stage | Source: www.sakaaltimes.com
Figure 63: Inmates working on the farmlands at the Yerwada Open Jail | Source: www.mahaprisons.gov.in
But They All Come Back – Rethinking the Incarceration System in India
138
OPEN AIR JAIL, BILASPUR, HIMACHAL PRADESH
Figure 64: Google Earth plan of Open Air Jail in Bilaspur. Himachal Pradesh
Figure 65: Google Earth map of Open Air Jail in Bilaspur showing zoning.
Area under closed under trial jail
Barracks in Open Jail
Cultural/Recreational Hall
Kitchen
Jail clinic
Jail periphery
But They All Come Back – Rethinking the Incarceration System in India
Administration + Store Staff Quarters
139
The Open Air Jail in Bilaspur, Himachal
The Open jail philosophy of punishment is
Pradesh is one of its kind and takes a
a rehabilitative and reformative one. It
different route in redefining the Open
provides the inmates with a medium to seek
Prison typology. The Open Air Jail in
repentance and remorse for their past acts.
Bilaspur has two different sections, first is
It is intended for those prisoners who
the open prison which is solely for male
present a low risk; can be reasonably trusted
convicted prisoners and the second is a 7m
in open conditions and for whom open
high walled area which solely for under trial
conditions are appropriate. Any inmate who
male and female prisoners (those who have
is a part of an open jail has to go through
not been convicted yet or have cases
the closed jail typology first before
pending in court).
qualifying for an open jail.
The Open Air Jail in Bilaspur, Himachal
For the Open Air Jail, Bilaspur, a prisoner
Pradesh has a very different take on the way
must have spent at least 7-8 years in a
it treats the inmates. Here, inmates are
closed jail and must have a good behaviour
allowed to work in and around the small
record for entry into an open jail system.
city of Bilaspur from 7am to 6pm during the
This may differ on a case to case basis. Any
day. They work in whatever field they are
violations by an inmate within the open jail,
good in, some even own shops and vehicles
usually results in him or her being confined
outside the prison. At night, they return
again in the closed jail. Convicts in crimes
back to their prison quarters to indulge in
such as narcotics trade, gang wars, dacoity,
their supper and have a good night’s rest.
robbery and rape are not considered for the
Most of the prisoners and guards call the jail
Open Air Jail.
as a ‘hostel’ of sorts for prisoners.
Each inmate in the Open Air Jail gets some
Shockingly, 95% of the inmates are serving
specific advantages over the closed Central
sentences for murder and many are lifers.
Jail. These usually include more liberty
The closed jail within the Open Air Jail in
(allowed to spent time outside the jail
Bilaspur is modelled the same as any
premises for work), no lock ups, no bars,
punitive model that have been covered in
unlimited family visits so much so that they
Chapter 7 of this book except maybe a few
can sit and eat food with them in the open
differences. An important point that needs
lawns of the jail or even at their own homes,
to be noted is that the closed jail houses
more chances of parole and remuneration
only under trials and not convicts.
for the amount of time spent in the prison with lowering of prison sentence (1 year spent in an open jail reduces the inmates
But They All Come Back – Rethinking the Incarceration System in India
140
sentence by 13 months, if behaviour is
storeyed with a flat roof. Each barrack is
good).
provided with a small television, a few
The atmosphere inside is quite relaxed and
carom boards and chess boards. Each
guards treat the inmates as friends rather
barrack has a separate toilet block with
than as criminals.
adequate number of bathing areas and toilets for the inmates. Inmates sleep on the
FUNCTIONAL ASPECTS
ground or on cots. There is storage space but these have been converted to small
1. WORKING MODEL:
individual kitchenettes.
Rehabilitative model; open prison typology.
Closed Jail: The accommodations within
2. AREA: 4 acres including the closed
larger cells that can hold up to 15 under trial
the closed jail consists of only barracks and
prisoners at a time. There are 3 barracks out jail for under trials and staff quarters.
3. FACILITIES
of which 1 is a two storeyed structure. Staff quarters include G+1 apartment
Maximum Capacity (Closed jail): 74
buildings and are spread on the campus plot
male + 10 female
outside the open and closed jail boundaries.
Current Occupancy (Closed jail): 167 male + 5 female
3B. PRISON HOSPITAL
Maximum Capacity (Open Air Jail): 80
There exists no provision for a prison
males
hospital or a post of for a doctor but there is
Current Occupancy (Open Air Jail): 41
a small office that has been converted into
males + 5 paroles.
a clinic cum examination ward at the
Prison staff: 30 prison staff including
entrance of the closed jail. One pharmacist
guards and ancillary staff; 25 guards are for
is always on duty here and takes care of the
the closed jail, only 5 guards for the open
inmates’ ailments and minor treatments.
jail. 1 pharmacist, no position for doctor.
For major treatments, the injured is taken to the municipal hospital about 6-7 km away.
3A. ACCOMMODATIONS Open Air Jail: The accommodations within the open jail premises for prisoners consists of 2 barracks with a capacity of 40 persons each. Each barrack is single
This clinic-cum-examination ward mostly but not exclusively caters to the closed under trial prisoners as the open air jail inmates are allowed to go beyond the prison
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141
boundaries and avail of private doctor and
Inside the closed jail, exists a canteen-cum-
medical services.
store that allows the inmates to purchase small items of food like biscuits or other
3C. ADMINISTRATION
daily use items like toothpaste, soap etc. for
The administration building is a recently built new structure and is situated right at
subsidised amounts. There is also a small bakery with a single oven present.
the entry gate. The administration office had deemed to be too small and as such has
3E. PRISON INDUSTRIES
been converted to a store. The Open Air Jail
The Open Air Jail in Bilaspur, Himachal
does not allow the use of guns and does not
Pradesh has no real provision for an in-
store any kind of ammunition within the
prison industry. This is because the type of
premises. This is followed in the closed jail
open prison program they follow does not
as well. The entrance gateway along with
require such industries. The prisoners work
the administration building houses the
outside the jail premises and earn varying
following:
amounts depending on type of work. Many
•
Writing office
•
Superintendent’s
inmates have even bought shops and set office,
jailor’s
up small businesses outside the jail
offices, staff offices
premises. The money earned is deposited
•
Prisoner meeting rooms
with the jail authorities who further deposit
•
Record rooms
it within their personal accounts. This
•
Staff common rooms
money can be withdrawn by the prisoners as and when needed. This process is strictly
3D. KITCHEN
applicable ONLY to the convicts in open
The kitchen is housed between the closed
jail and not to the under trials in the closed
jails for the male under trials and the female
jail.
under trials. All the inmates that work in the
Apart from this, the convicts can also work
kitchen are the ones housed in the Open Air
in the prison kitchen and help in
Jail and not the closed jail. About 6-8
maintaining the lawns and gardens within
inmates work daily to provide the all the
the prison premises. A few convicts help
inmates of the closed and open jails plus the
out in the office of the prison.
prison staff with daily meals. Raw materials for cooking are brought in from outside the jail.
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142
3F. EDUCATION AND
play volleyball, football and cricket. Each
VOCATIONAL TRAINING
barrack is supplied with a couple of carom
Vocational training exists in the form of the
and chess boards as well as a television.
training that the convicts receive while
Apart from the above, since a majority of
working on the various jobs they get
the facility is an open system, the prisoners
outside. Other than this, no other form of
are allowed to spend time outside their
vocational training exists within the jail.
barracks for as long as they like but there is
Distance learning by the Indira Gandhi
a time limit on how much time they can
National Open University (IGNOU) is
spent altogether outside the prison complex
available for those convicts that want to
amongst the public. Some prisoners sing
continue their education further but only
and act, whereas some play board games to
basic courses like M.A., B.A, B.Sc., etc. are
pass time. Many jails throughout Himachal
available.
like
Pradesh have theatre and drama groups that
engineering or even business courses are
perform in different events throughout the
not available. Hence, there is a certain
year within and outside the prison. The jail
limitation to the education a prisoner or
also has video conferencing facility.
convict can get within the jail premises.
The jail campus includes a hall with a stage
Although, the convict in the open prison
for cultural performances and so forth
can go and enrol himself at any university
during festivals and important days like
outside the jail premises and continue his
New
education there but these universities and
Independence Day, Gandhi Jayanti etc.
colleges are usually far away from the Open
Also, a number of yoga camps and
Air Jail and it becomes difficult for the
counselling sessions take place but these
convict to travel back and forth.
are few and very spread out throughout the
Specialised
courses
Year,
Diwali,
Republic
Day,
year. There are benches and seating spaces
3G. RECREATION As the Open Air Jail in Bilaspur houses a
present in the lawns within the prison premises.
closed jail and an open system, it is bound that the inmates in the open system have a more relaxed atmosphere and more forms of recreation as well. The premises has ample of open grounds and lawns, and as such, inmates generally But They All Come Back – Rethinking the Incarceration System in India
143
2. MATERIALS USED
ARCHITECTURAL
Almost all the older structures in the jail
ASPECTS
premises have been built using reinforced concrete and bricks. These include the
1.
HISTORY
AND
AGE
OF
barracks and office buildings. The barracks
CONSTRUCTION
have a stone plinth and is reinforced
The Open Air Jail in Bilaspur, Himachal
concrete framed structure. The walls are
Pradesh is one of the first open jail
made of bricks and coated with white/off
programs that started in India in 1960. At
white plaster. The cultural hall has been is a
inception, it remained as a traditional open
single storey load bearing structure and is
jail that did not allow the inmates to go out
made using local stone. The 7m high wall
and interact with the society. But over time,
that runs around the closed prison is purely
the authorities realised that most of the
made from reinforced cement concrete. The
convicts were actually the bread winners of
1.7m wall that runs around the whole prison
their respective families and hence their
campus is made of bricks and fenced with
families had no source of income once the
barbed wires.
convict was confined within prisons. As such, the ideology of allowing the convicts
3. PLANNING CONCEPT
in the open system to work outside the
• The Open Air Jail in Bilaspur, Himachal
prison premises was introduced. This
Pradesh lies in the small hilly town of
philosophy not only solved the issue of the
Bilaspur and is situated on the Shimla
convicts’ families in terms of money but
Kangra Highway. The jail complex
also provide the society to come over the
consists of an outer gate that leads to the
social stigma that it had developed towards
Open Air Jail and the staff housing
prisons and prisoners.
quarters as well as a couple of other
The whole complex remains pretty much
houses that have come up on the jail
the same except for the construction of the
land. The second gate provides the entry
new administration building and the
for the Open Air Jail and remains the
addition of 2 new barracks above the old
same as when constructed in 1960. Only
existing barrack (ongoing construction).
at the entrance gate is a 5m high stone wall visible, otherwise a small 1.7m brick wall with barbed wire fencing runs along the periphery.
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144
• The layout within the open premises is
for prison programmes like yoga,
hierarchical in terms of security along a
counselling, medical camps that take
central path. At the entrance is the
place rarely. But it is used on festive
administration building and the meeting
occasions and days.
rooms for the under trial prisoners.
• The closed prison is divided in to two
• Along the central path, towards the
section, the male prison for under trials
North are the open barracks, the old
and the female prison for under trials.
office building and the cultural hall and
Both the areas have a 7m high concrete
towards the South is the closed jail
wall running around them.
compound for the male and female under
• The female under trial closed prison
trials with the kitchen between them.
consists of one barrack. The male under
The central path has green lawns on both
trial closed prison consists of 3 barracks.
sides that are looked after by the
Out of these one barrack, the double
inmates. These lawns act as recreation
storey one, consists of cell blocks that
spaces and even have trees whose fruits
can accommodate up to 15 prisoners.
are utilised by the prison kitchen. The
Each barrack has its own toilet block
central path culminates at an open
which is adequate enough in number for
barrack and the entrance to the male
the prisoners.
under trial prison.
• A second entry/exit point in the whole
• Barracks for the closed prison are 2 in
complex exists towards the East of the
number accommodate up to 40 convicts
male closed jail complex that has been
each. Each barrack has a toilet block
converted into a guard station and a
with adequate bathing and toilet areas
storage area.
but the convicts prefer to use an open
• A part of one of the barracks within the
bathing and toilet space located the
closed male prison has been converted
western most part of the premises due to
into a small canteen-cum-store for the
absence of bad odour and better
under trial prisoners.
ventilation. • Two more barracks with capacity for 40 prisoners each is being built on top of the existing barracks. • The cultural hall, which remains pretty much closed throughout the year, is used
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145
DAILY SCHEDULE
FOR CONVICTS IN OPEN AIR
OF INMATES
Being an open jail, there is no fixed
FOR
UNDER TRIAL
JAIL:
CLOSED
PRISON: A daily schedule for the inmates starts with
schedule that the inmates follow but there are fixed timings for meal times and wake up and bed times as the prisoners are counted at least 4 times daily and a record
sunrise and ends with sunset.
is maintained. At no time during the day are 5.30 am: Prayers
the prisoners kept behind lockups. They
5.30 am – 6.00 am: Unlocking of
have to take their own responsibilities for
accommodations, letting prisoners out. One
laundry and cleanliness within the barracks.
glass milk provided.
A daily schedule for the inmates starts with
6.45 am: Bathing, toilets.
sunrise and ends with sunset.
7.45 am: Morning tea and breakfast, 5.30 am: Prayers
usually fruits and porridge. 8.15 am – 10.30 am: Free time, outdoor
6.00 am - 6.45 am: Bathing, toilets.
recreation. 10.30 am – 11.30 pm: Lunch; usually 3 12.00 pm – 4.00 pm: Rest; prisoners are and
locked
7.00 am: Morning tea and breakfast, usually fruits and porridge.
rotis, rice, dal and vegetables.
counted
6.00 am: One glass milk provided.
up
within
accommodations. 4.00 pm – 5.00 pm: Free time, outdoor recreation. 5.30 pm – 6.30 pm: Dinner, usually 3 rotis, rice, dal and vegetables; outdoor recreation. 6.45 pm: Locking up of prisoners within their cells and barracks. 7.00 pm – 7.30 pm: Free time locked within accommodation. 7.30 pm: Lights out and bed time.
7.30 am: Counting by guards; departure for work outside prison premises. 7.30 am – 6.00 pm: Work outside the jail premises, lunch is either eaten outside or they may return for lunch to the prison. Also, each convict has the option to make his own food in the barracks on a small gas burner. 6.00 pm – 7.00 pm: Free time within prison premised, counting of returning convicts. 8.00 pm: Dinner, usually 3 rotis, rice, dal and vegetables; outdoor recreation. 10.00 pm/10.30 pm: Lights out and bed time; counting.
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146
IPC SECTIONS IMPOSED ON INMATES IN OPEN AIR JAIL, BILASPUR, HIMACHAL PRADESH 457 IPC 504 IPC 447 IPC 452 IPC 2% 1% 2% 4%
342 IPC 3% 341 IPC 2%
34 IPC 7%
325 IPC 1%
147 IPC 7%
324 IPC 5%
148 IPC 7%
323 IPC 9%
149 IPC 7% 201 IPC 2%
307 IPC 4%
207 IPC 1%
303 IPC 1% 302 IPC 36%
260 IPC 1%
34: Acts done by several persons in furtherance of common intention 147: Punishment for rioting 148: Rioting armed with deadly weapon 149: Every member of unlawful assembly guilty of foffence committed in prosecution of common object. 201:Causing disappearance of evidence of offence or giving false information to screen offender 207: Fraudulent claim to property to prevent its seizure as forfeited or in execution. 260: Using as genuine a government stamp known to be a counterfeit 302 : Punishment for murder. 303 : Punishment for murder by life convict. 307 : Attempt to murder. 323: Voluntarily causing grevious hurt. 324: Voluntarily causing hurt by dangerous weapons or means 325 : Punishment for voluntarily causing grevious hurt. 341: Punishment for wrongful restraint. 342: Punishment for wrongful confinement. 447: Punishment for criminal trespass. 452: House trespass or house breaking in order to commit offence punishable with imprisonment 457: Lurking house trespass or house breaking by night in order to commit offence punishable with imprisonment. 504: Intentional insult with intent to provoke breach of the peace
Figure 66: Chart showing inmates and their IPC sections in Bilaspur Open Air Jail. Source: Interview conducted by author. But They All Come Back – Rethinking the Incarceration System in India
147
Figure 67: Entry gate 1
Figure 68: Staff Quarters
Figure 69: Entry gate 2; inner periphery
Figure 70: Parking garage for prison vehicles
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148
Figure 71: Meeting area for under trial prisoners
Figure 72: Central path culminating at open barrack
Figure 73: New administration office
Figure 74: Recreational cum Cultural hall; presently kept shut
Figure 75: Entry point to women’s under trial closed jail
Figure 76: Old administration office; presently used for storage
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149
Figure 77: Barracks for Open Air Jail inmates; newly constructed barracks above old existing ones
Figure 78: Entry to existing barracks for Open Air Jail inmates
Figure 79: Interiors of existing barrack for Open Air Jail inmates
Figure 80: Sleeping facilities for Open Air Jail inmates in existing barracks
Figure 81: Interiors of existing barrack for Open Air Jail inmates
Figure 82: Interiors of existing barrack for Open Air Jail inmates
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150
Figure 83: Verandah outside existing barrack for Open Air Jail inmates; entry to newly constructed barracks
Figure 85: New barracks for Open Air jail inmates; ongoing construction
Figure 87: Open air toilet and bathing area
Figure 84: New barracks for Open Air jail inmates; ongoing construction
Figure 86: New barracks for Open Air jail inmates; ongoing construction
Figure 88: Open air toilet and bathing area
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151
Figure 89: Central path within the jail premises; green lawns are maintained by the inmates
Figure 91: Religious cum recreation space around trees
Figure 90: Periphery wall of bricks and barbed wire fence
Figure 92: Abutting roads leading to squatter settlements around the jail premises
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BASTOY ISLAND PRISON, NORWAY
Figure 93: Aerial view of Bastoy Island Prison, Norway | Source: www.wikipedia.org
PURPOSE: To understand the working, functioning and ideology of the prison as it is quite different and distinct from a typical prison in and around India. Norway is a country that is widely known
the lowest rates of reoffending (recidivism)
as a ‘trend setter’ and regarded very highly
at 16% compared to other European
in the way in which it deals with the
countries (60%) and USA (70%).
offenders of the society. Bastoy Island
prison was built with an aim to instil
further strengthens this statement.
responsibility within the inmates. Focus is
Bastoy Island is a minimum security prison
on human rights and respect. Inmates are
located in Horten, Norway. It is an island
given a chance to live as humans and not
prison located about 2 km from the
animals as in the traditional punitive jail
mainland. The island prison follows a
model. The guiding mission of the prison is
rehabilitative and reformative path to treat
to treat prisoners humanely to boost their
the prisoners and holds the record of having
chances of reintegration into society
But They All Come Back – Rethinking the Incarceration System in India
The
153
through education and work, making them
superintendent in-charge of the prison, who
better people.
is a criminal psychologist as well, informs
Any inmate who is a part of the Bastoy
every prisoner on his admission to the
Island has to go through the closed jail
island that “if you should escape and make
typology first before qualifying for this
it across the water to free shore, find a
facility. Prisoners in Norway can apply for
phone and call so I know you are okay and
a transfer to Bastoy when they have up to 5
we don’t need to send the coast guard
years left for release. Every type of offender
looking for you or your body.”
including rape and murder maybe accepted
In totality, the Bastoy Island is a prison and
as long as they have a good behaviour
as such does follow a few rules. The
record and fit the criteria, the main one
prisoners are counted about 4 times during
being a determination to live crime free on
the day by guards, they are not allowed to
release. As such, Bastoy acts as a halfway
carry or utilise cell phones or any
home as well for the prisoners. Inmates are
communication devices onto the island nor
screened to make sure they are mentally
are televisions or any other electronics
stable and unlikely to plot escape before
allowed other than what are provided by the
entering the Bastoy Island. Almost all
prison authorities.
inmates at the Bastoy Island have served a majority of their punishment in a high security prison. The relationship between guards and prisoners is strong as they are looked upon as correctional instructors rather than guards and most wear civil clothes like the prisoners. Guards even regularly eat meals and play sports with the inmates. Being an island prison, it does not have any walls or fences, hence escape from the prison is quite easy. Still, no one truly tries to escape because if the prisoner is caught after escaping, he is sent back to the traditional closed jail and has his sentence
FUNCTIONAL ASPECTS
1. WORKING MODEL: Reformative model; open prison typology; island.
2. AREA OF ISLAND: 2.6 sq.km or about 642 acres
3. FACILITIES Current Occupancy: 115 inmates. Prison staff: 69 prison staff including guards, instructors, various other staff. Only 5 guards remain on island at night.
increased. He has no chance of going back to Bastoy to complete his prison term. The But They All Come Back – Rethinking the Incarceration System in India
154
3A. ACCOMMODATIONS
check-ups and that their mental health is
The inmates reside in singular villa type
kept fit.
wooden
houses.
Each
house
accommodates about 6-8 inmates; each inmate gets his own bedroom with shared rest rooms. They have a common living and dining space as well as a kitchen within the house. Facilities like television, radio, etc. is all available within the house. One inmate, usually the oldest, is chosen as the house keeper and his duty is to look after the house and the inmates residing in it. The houses have a nice green lawn in front and a backyard with storage areas as well as a
3C. ADMINISTRATION The administration building is modelled on the lines of an information centre and an office for the staff. It includes a number of offices for the superintendents and also incorporates
a
number
of
‘meeting
lawns’.Bastoy Island does not allow the use of guns and does not store any kind of ammunition
within
the
premises.
Administration building houses some of the following:
verandah. The ideology behind this is to develop a family system between inmates
•
Writing office
•
Superintendent’s
office,
jailor’s
offices, staff offices
while on the island as most inmates are
•
Prisoner meeting rooms
•
Record rooms
•
Staff common rooms
3B. PRISON HOSPITAL
•
Meeting lawns
There exists a small hospital on the island
•
Visitors’ centre
from dark and grim backgrounds and have never been a part of a family.
that takes care of all the ailments and treatments for the prisoners. The hospital has a psychiatric nurse in full time position
3D. KITCHEN CUM RESTAURANT The kitchen does not just function as a
and a doctor who is present half a day every
kitchen for the Island but also acts as a
week. In addition, a therapist and dentist
restaurant where prisoners, staff and
visit the premises twice a week. The
visitors can order any dish from the menu
hospital provides the inmates with ample of
that they like and pay for it using money.
counselling sessions and other self-help
Here, prisoners who want to learn the art of
groups for drug rehab, alcohol addiction,
cooking or want to take it up as a career
anger management, etc. The authorities see
after release are trained by professionals in
to it that the inmates take part in regular
the field. They learn to cook, serve, wait and manage restaurants. At the same time,
But They All Come Back – Rethinking the Incarceration System in India
155
inmates make some money as well working
Inmates get paid 10$ a day plus 125$ a
in the kitchen.
month for grocery shopping and other
One meal during the day is provided by the
activities.
prison kitchen to inmates. Other meals are to be fixed by the inmates at their respective
3F. EDUCATION AND
house kitchens using raw materials bought
VOCATIONAL TRAINING
from the prison store – the Cellar. The
Vocational training exists in the form of the
store is run by inmates and operates 3 days
training that the convicts receive while
a week for 3 hours each day.
working on the various jobs they get outside. Apart from this there exists a
3E. PRISON INDUSTRIES Prison industries on the Bastoy Island are known as work units. There are four main categories of work units on the island namely Agriculture, Technical, Kitchen and Maritime Unit. Agriculture Unit includes working on the Bastoy farms and greenhouses that produce all the fruits and vegetables to be used; cow barns and sheep sheds for milk, meat and wool; horses for work; firewood production and seed and grass production. The Technical Unit is responsible for many tasks related to the daily running of the island, from repair and maintenance of buildings to laundry and floor-cleaning. It also runs a saw mill, a carpentry workshop and a bicycle repair shop. The Maritime Unit includes two boats, a ferry used to transport people, guards and prisoners and even goods and automobiles
Church and a school. The Church provides the inmates with religious education which aids in the process of rehabilitation. A priest is present full time on the island is always ready to lend a ear to the inmates issues. He advises them on how to deal with their problems. As such, the Church along with the services of the hospital provide a comforting atmosphere for a prisoner to reform. The Church also organises meetings and cultural events. The Church also helps out those prisoners that want to get in touch with the representative of another faith. The School provides the inmates with a chance to finish their education or either take up a specialised course that may help them earn a livelihood upon release. They have a well set up IT lab and provide courses like graphic designing, marketing, engineering and many more at the school.
to and from the island and a fishing boat. This unit is run by a combination of civilians and prisoners. But They All Come Back – Rethinking the Incarceration System in India
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3G. RECREATION
and the Bastoy Boys’ Home opened in
The Bastoy Island consists of a library
1900. It followed a very strict and brutal
building that is open every day all year
regime that had resulted in a number of
round. A librarian from Horten library
deaths on the island.
staffs the library twice a week, and inmates
In 1915, an uprising took place on the island
cover the rest of the week. The library lends
when about 30 - 40 boys rallied around four
out books, books on CD, movies, music,
youths
language courses, a few DVD players and a
recaptured. The group refused to work,
broad selection and magazines.
armed themselves with farming tools and
Apart from the library, the prison island
stones, cut the telephone lines and then
also include a gym with training equipment,
burned down the barn with stolen matches
indoor climbing walls, cycling, running,
and cigars. The Norwegian army had to step
fishing, walking trail around the island,
in to bring the rioters in control.
movie rooms, and equipment for different
The Boys’ Home was taken over by the
games indoors and outdoors like volleyball,
government in 1953. It was shut down in
football etc. A number of in-prison bands
1970.
and theatre groups present perform at the
The Bastoy Prison, as it is known today,
community hall around the year. Lectures
opened in 1982. An island that was once
and events from people who have finished
known for its brutal correctional techniques
their prison sentence and have recovered
and methods now incorporates a more
and live a normal life in the society take
progressive
place often. There are benches and seating
corrections and reformation.
spaces present in the lawns within the
In 2014, the prison was awarded the 2014
prison premises.
Blanche Major Reconciliation Prize for
who had
outlook
escaped and been
towards
prisoner
“promoting human values and tolerance”.
ARCHITECTURAL ASPECTS
2. MATERIALS USED All structures and buildings on the island
1. HISTORY AND AGE OF
are majorly constructed using local wood
CONSTRUCTION
suited for the climate of Norway. To avoid
Before the current prison, the island was
an institutional feel, exteriors are not
occupied by a juvenile detention centre,
concrete but made of bricks, galvanized
Bastøy Boys' Home. The Norwegian government purchased the island in 1898, But They All Come Back – Rethinking the Incarceration System in India
157
steel and larch; the buildings seem to have
as a ‘punching bag’ before stepping into the
grown organically from the woodlands.
world outside.
3. PLANNING CONCEPT
DAILY SCHEDULE
The Bastoy Island has been planned and
OF INMATES
constructed to mimic a basic village in any part of rural Norway. The prison is organized as a small island community with about 80 buildings, roads, beach zones, cultural
landscape,
football
field,
agricultural land and forest. The look and feel of the island makes the inmates feel they are back into the society and not a part of a prison or undergoing a sentence. This set up provides the inmates with a controlled environment which they can use
Being an open jail, there is no fixed schedule that the inmates follow but there are fixed timings for meal times and wake up and bed times as the prisoners are counted at least 4 times daily and a record is maintained. At no time during the day are the prisoners kept behind lockups. Work timings are between 8.30 am and 3.30 pm for five days a week. Lunch is usually at around 12.00 pm. Dinner is prepared by prisoners at their own houses.
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Figure 94: Ferry services operated by inmates of Bastoy Island | Source: www.gettyimages.ie
Figure 95: Aerial view of Bastoy Island | Source: www.turborotfl.com
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Figure 96: Typical house for 6-8 inmates with individual rooms and shared kitchen etc. | Source: www.gettyimages.ie
Figure 97: View of inmate house with mainland in background | Source: www.prisonlaw.com
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Figure 98: Phone booth yard on the island; used by prisoners to call home. | Source: www.gettyimages.ie
Figure 99: An inmate at the barn. | Source: www.affairstoday.co.uk
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Figure 100: Carpentry workshop and shed. | Source: www.felixfestures.photoshelter.com
Figure 101: Inmate working at the bicycle repair shop at the Island | Source: www.turborotfl.com
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Figure 102: Guards and inmates engage in a number of recreational activities together | Source: www.newstalk.com
Figure 103: Administration and visitor’s centre | Source: www.newstalk.com
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INFERENCE AND PERSONAL OBSERVATIONS Each facility that has been taken as a case
prisoner reacts and interacts with a fixed set
study - namely the Yerwada Open Jail, the
of people daily and resides in the same
Open Air Jail in Bilaspur and the Bastoy
stagnant environment with the same people.
Island Prison in Norway – are inspired by
As the convicts hardly get an opportunity to
the
and
venture into the society and the society too
rehabilitation but in their own different and
rarely comes in contact with the convict, the
unique ways.
society continues to treat the convict as an
philosophies
of
reformation
outcast or a taboo. The social stigma The Yerwada Open Jail works to better
continues to exist.
the life of a convict during the jail term and
Even though Yerwada Open Jail is a great
after release. It has better conditions and an
attempt at helping the prisoner stand on his
environment compared to the punitive
own and become a more responsible
system prevalent in the adjacent Yerwada
member of the society, for reintegration
Central Jail. Although, it does provide the
into the society it is not the best way that
inmates with activities and work to keep
can be adopted.
themselves busy and to earn a livelihood, the range of industries and activities present
Comparatively, the inmates of Open Air
within the premises are far too less in
Jail in Bilaspur, Himachal Pradesh stand
number. Most of the training activities are
a better chance at rehabilitation and direct
far too regressive and not in tune with
reintegration
today’s times. Higher education is also
Architecturally, the set up at the Yerwada
limited
are
Open Jail and the Open Air Jail in Bilaspur
unavailable. The Open jail does provide
is quite similar, but program wise they are
more liberty and freedom as the jail
vastly different. The Open Air Jail in
occupant moves from a central jail to an
Bilaspur housed convicts who mainly
open jail. But, the movement is only from a
comprised of male earning members of
9sqm cell to a 3 acre cell. The inmate is still
their respective families. This created
confined, albeit in a larger space. The
financial issues for their families. There
and
specialised
courses
But They All Come Back – Rethinking the Incarceration System in India
into
the
society.
164
was also a lack of the necessary industries
convict comes out of the institution as a
required to keep the prisoners occupied
more humane and contributing member of
within the jail. Hence, the Open Air Jail
the society and is welcomed with open
started letting out prisoners to work outside
arms.
the jail premises for the sole purpose of
A number of positives can be observed in
earning a livelihood. Unknowingly, at
the system that is followed in the Open Air
hindsight, this program proves to be
Jail in Bilaspur. This system does not
beneficial for both, the prisoners as well as
require the set-up of training programs or
the society. What the program does is that
arrangement of work industries and proves
it abolishes the social stigma connected to
to be more cost effective compared to a
the institution of the prison and its
traditional jail. The most prominent aspect
occupants.
is the direct interaction that exists between
Here,
prisoners
work
daily
in
the
convicts and members of the society.
commercial markets and industries doing
Convicts have a chance to play a much
small and big jobs for money. As such, they
more active role in their family matters and
find themselves to be more independent and
can meet them practically every day outside
in control of their lives. Many prisoners,
prison. Working outside the jail provides
during the interview sessions, expressed
the convicts with an advantage of earning
that staying in such a facility made them
as per market rate (compared to the low pay
realise the mistakes that they had made in
in jails) and eases the transition from the life
the past and helped them seek penitence for
of a prisoner to a life of a common man.
it. In this case, the prison term is not looked upon by the convict as being dictated upon
At first look, from the Indian perspective,
him by an authority, but there is an internal
the Bastoy Island comes out to be a very
realisation that one needs to do penance for
luxurious institution for the reformation of
the mistakes that one had committed
convicts. The island the boasts of facilities
knowingly or unknowingly. To add to this,
like sauna, steam, home theatres etc. which
the society too does not look down upon the
are a luxury in India even for the middle
convicts but treats them as human beings
class citizens. On a serious note, the
who have erred in the past for which they
ideology and program needs to be looked at
are repaying by completing their jail term.
in totality within the context of Norway
The society and the jail institution has over
before judgement. Emphasis needs to be
time come to follow the ideology of
laid on the fact that Norway ranks number
“Punish the sin, not the sinner�. Hence the
1 on the Human Development Index (HDI)
But They All Come Back – Rethinking the Incarceration System in India
165
by the United Nations. Hence, there is
It can be concluded that there are
bound to be vast differences between
advantages and disadvantages in every
standards of living in Norway compared to
system. Every system tells a different story
that in India.
and is set up and programmed to solve its own unique problems. The former two
And so it would be sheer madness to just
stand as prime examples of a rehabilitative
imitate and replicate the same without
program in the Indian context while the
understanding the Indian scenario first.
latter is a more progressive example on a
What can be done is to lift good aspects of
global level that can be looked at as an ideal
this system and adapt it to the Indian
in the field of penology.
environment.
But They All Come Back – Rethinking the Incarceration System in India
166
CHAPTER 10: CONCLUSION + DESIGN INTENT
But They All Come Back – Rethinking the Incarceration System in India
167
“We can’t solve problem by using the same kind of thinking we used when we created them.”-Albert Einstein The world outside the prison gates is
amounts of capital on the upkeep of the jails
continuously changing, the traditional
and its inmates, but to no avail as the returns
structures of family, workplace and society,
are barely visible.
all are in a state of constant change. There are
new
technological
advancements
cropping up every day and an influx of
Although there exists a shift, it is subtle one from inflicting physical pain to punishment of psyche and nothing more.
novel ideas being executed. In such a world, the prisoner who had once lost all contact
A fundamental change needs to be
with the outside world or severed all ties,
incorporated in the institution of a jail. It no
finds it next to impossible to cope up of ‘fit
longer needs to be a place for torture devoid
in’.
of sunlight, hygiene – a place deemed to strip an individual of his identity and
It is observed, in many cases, that prisoners who once released often reoffend in a few years’ time post release and re-enter the overcrowding prisons. In other words, they all back come back to where they began from. This points to the fact that the entire concept of jail and incarceration has lost its purpose. It has not succeeded in bringing about a positive behavioural change in the offender. Sadly speaking, jails do not justify the purpose for which they are created. The existing Indian judicial and penal system fails miserably as it cannot bring about a positive cognitive change in the life of the individual it acquits. Moreover, the system proves to be a drain on the country’s economy as the country spends massive
dignity. Hence a new system is the need of the hour wherein reformation of the offender is the main concern compared to only punishment. There is a need to metamorphose prison cells into correctional facilities that provides the offender with opportunities to learn from mistakes and equip himself with skills necessary to take on the world post release. The penal system needs to more constructive and needs to realise if not all the inmates but a majority of them will walk out if the gates someday. Jails need to become more than a mere institution for punishment. They should strive to bring about a transformation within offender that eventually benefits the society. Reintegration of the individual into the society demands the ability of the
But They All Come Back – Rethinking the Incarceration System in India
168
offender to personally adapt to the society
juncture, this support network is highly
and build on his creative skills. For this, a
important for these individuals as they lack
process of change is essential that must
living and coping skills needed to survive
engage rather than negate the emotions of
everyday life.
the offender. The offender must evolve physically, emotionally and intellectually. Connections need to be made into the world outside the four walls of a prison to ensure smooth transition of the prisoner into society. The society too needs to perceive jails not as places that breed negativity but as institutions that reform broken souls and heal them to re-enter the society as positive contributing members.
One needs to break out of the current regressive thinking at an individual and societal level. A radical solution needs to be arrived at which discards the age old punishment philosophies or characteristics. In order to achieve this, a redefining of the name of the facility, the individuals within, the program and form must occur. The redefining is essential to communicate to the society as well as the offenders the new aim, which is to humanise all individuals
This ideology, rationale, and philosophy of
and encourage empathy.
the process of transformation must be
This thesis is directed not only to just
carefully shaped and sculpted to arrive at a
reforming the existing penal system but it
physical attribute that will prove to be a
also questions the role of architecture in this
frontrunner
primary
system. This would also mean questioning
ideology it is built upon, in form and
the function of the prison which could be
design. It is a movement from an abstract
punitive, a place to punish the inmates and
concept to a physical reality. It is here that
to ostracise them or reformative, a place to
architecture can play a vital role in creation
reform and reintegrate them into the
of a conducive environment that facilitates
society. The end goal must be to reintegrate
the reformation of the inmates.
the inmates into the society while still
to
advocate
the
There is a need for an institution which can promote easy transition of an inmate from the prison into the community. These
providing
guidance
and
behavioural
changes which could lead to a reduction in recidivism rates.
institutions must not be located far away as
An alternate solution is required to the
the individual will lose out on support
existing incarceration system, which has
network of family and friends. At this
failed miserably, that works on the
But They All Come Back – Rethinking the Incarceration System in India
169
emotions of the offender at different stages
To reintegrate into the city life, it may
of imprisonment and provide necessary
require a public side to the prison wherein
interventions to heal them. For example, in
the institution becomes porous to the city
the initial period of incarceration a prisoner
area welcoming guests or citizens to accept
goes through various emotions of anger,
the offenders back into the society and
frustration, hatred, loneliness, fear, loss of
employ them in retail spaces, restaurants,
identity etc. At this stage a healing
recreation fields and so on. This kind of
atmosphere in form of calm and quite
infiltration of the community into the
spaces designed to look outward into the
institution can give back to the environment
nature, spaces where emotions can be
and society in terms of recreation and
expressed,
an
economic revitalization. It may allow
individual to contemplate on his actions and
surrounding areas and streets to be a part of
consequences, spaces where creativity can
the institution which will enhance the
unfold be it writing, painting, drawing or
effective
even performing arts.
between the prison and the society. Such an
spaces
that
motivate
Later on, when the offender has reached calmness and has embraced the situation, he would be more approachable and would welcome moves to reform him in a positive manner. He may decide to work or educate himself, as such, the institution must have
transition
of
the
offenders
environment would prepare the offenders for release, reduce the societal stigma inflicted on them post release and help them with the training and placement that is essential to reconnect them with the free world.
necessary provisions.
But They All Come Back – Rethinking the Incarceration System in India
170
CHAPTER 11: SITE
But They All Come Back – Rethinking the Incarceration System in India
171
SITE CRITERIA Urban cores witness a major influx of
implications on the process of rehabilitation
population every year. With this rapid
and reformation of the offenders.
increase in population, the urban cores see a trend of increase in crime rate as well. Crimes are much higher in mega cities compared to either small cities or rural areas. High incidents of crimes in mega cities can be accounted due to various factors like high density of population, greater
information
availability/flow,
greater degree of anonymity in big cities,
The intent of the institution must be to strengthen the ideology that inmates are a part of the society and need to be treated as members of the society as well – within the institution as well as post release in the society. Just as a prisoner is to be reintegrated into the society, the institution of a prison must also be re-integrated into the society.
social milieu of urban slums etc. Evidence to growing crime in Mumbai is the increase
The location of the proposed institution
in crime rate (per 1 lakh population) from
must be a confluence of a developed urban
219.2 in 2014 to 233.2 in the year 2015.
community for the positive re-integration of
Mumbai alone has seen 42,940 incidents of
the offender as well as an isolated and
crime in 2015. (NCRB, Crime in India –
peaceful area that aids the inmates in times
2015)
of solitude and self-reflection. As the Model Prison Manual does not allow any
Crime is a local issue and needs to be dealt locally as well. Hence, to deal with urban crimes there is a need to create prisons and correctional facilities that are placed in close proximity to urban cores and areas rather than shifting these urban elements to into correctional facilities located in distant lands. It is not that these isolated facilities are unfitting but they are detrimental for their occupants in specifically maintaining
kind of penal institution to be constructed in urban localities, the proposed institution will be located in close proximity to urban localities. Purpose is to keep offenders in close proximity to their local community (in this case Mumbai) so as maintain relationships between family and friends to provide a seamless integration back into the community
upon
completion
of
the
sentence or term.
family ties which in turn can have serious
But They All Come Back – Rethinking the Incarceration System in India
172
The following pointers form the site
further education and development
criteria:
of the offender.
•
In close proximity to an urban core
•
or locality which has the necessary infrastructure. •
for
easy
access
between
inmates
and
Public spaces to ensure interaction between public and offenders.
Availability of different means of transportation
healthcare
services like hospitals, clinics etc. •
public
Close proximity to
•
Other
important
public
utility
infrastructures like police stations
families, friends and work places
and post offices.
etc. •
• Higher employment opportunities for inmates in retail, commercial, industrial and government sectors.
•
Religion plays an important role in reformation of the offender and hence religious structures in the vicinity is a criteria.
A fair set of school, colleges and other institutions that can aid in
But They All Come Back – Rethinking the Incarceration System in India
173
TENTATIVE SITE A SITE AT MANKHURD
Figure 104: Google Earth plan showing Site A at Mankhurd.
But They All Come Back – Rethinking the Incarceration System in India
174
Figure 105: Google Earth plan showing Site A at Mankhurd; showing surrounding proposed land use according to draft development plan 2034.
Site under consideration Land reserved for Metro rail yard
Residential zones
Cemetery ground
Water body
No development zone
But They All Come Back – Rethinking the Incarceration System in India
175
Mankhurd is a suburb in eastern Mumbai.
•
The site has been published in
The township lies on the Harbour Line and
newspapers as a proposed site for a
is the last stop in the city before Navi
jail.
Mumbai. Mankhurd is easily the eastern
•
most part of the Mumbai city limits and is
The site is surrounded by a water body on three sides and a no
surrounded by Chembur, Anushaktinagar
development zone on two sides,
and the Bhabha Atomic Research Centre in
hence, it is quite secluded and
the West, Govandi and Deonar in the North
isolated.
and Trombay in the South. Mankhurd has a number of schools and
•
set forward by the Model Prison
educational institutions with many more
Manual 2016 for the construction of
located in the surrounding areas of
correctional
Chembur and Anushaktinagar. A number of
facilities
(buffer
zones).
government institutions and female shelter homes as well as children shelter homes are
The site agrees with all the criteria
•
The site is well connected. Sion-
located in Mankhurd. It is a well set up
Panvel highway runs adjacent to the
urban locality with adequate infrastructure
site. Mankhurd railway station is
and easy access. As such, Mankhurd forms
1.8km from the site. Nearest bus
an ideal macro-climate for the sustenance
stop is 1.2 km or a 15 minute walk
of a correctional institution.
from the site.
The tentative site in consideration is located
•
Plots around the site have been
south of the Mankhurd railway station.
reserved for a metro rail yard, a
Some pointers that play positive for the site
cemetery and a police station.
are:
• •
A plot has been reserved for a court
The site is reserved under ‘Public
north of the Mankhurd railway
Utilities: Correctional Facilities’ in
station, 2.7 km from the site.
the Draft Development Plan 2034 (May 2016).
But They All Come Back – Rethinking the Incarceration System in India
176
TENTATIVE SITE B SITE AT TALOJA, KHARGHAR
Figure 106: Google Earth plan showing Site B at Taloja, Kharghar.
But They All Come Back – Rethinking the Incarceration System in India
177
Figure 107: Google Earth plan showing Site B at Taloja, Kharghar; showing surrounding proposed land use according to nodal development plan by CIDCO.
Site under consideration Tata Memorial Hospital
Residential zones
Existing Taloja Jail
Commercial zone
No development zone, Kharghar Hills
But They All Come Back – Rethinking the Incarceration System in India
178
Kharghar is one of the fourteen nodes that
Kharghar Central Park are also situated
constitutes the city of Navi Mumbai in
here. Major hospitals include the Tata
Maharashtra. It foundation was laid in 1971
Memorial Centre and Tata Memorial
and has been developed by the City and
Hospital.
Industrial Development Corporation of Maharashtra for the prime purpose of reducing the population load on the Mumbai City. Navi Mumbai has today become a unique project by virtue of its pattern of development, housing, social and physical infrastructure and sustainable
The tentative site in consideration is located at the outskirts of Kharghar near the foot of the Kharghar hills. It is close to the Taloja industrial estate and located in the same area as the existing Taloja Jail (closed punitive typology). Some pointers that play positive for the site are:
futuristic planning, earning the city a reputation of being a Super City and one of
•
The Taloja Jail plot is reserved under ‘Jail Plot’ in the nodal development
the largest planned cities in the world.
plans from CIDCO. Kharghar adjoins the Central Business District of Belapur in Navi Mumbai and is
•
The
already
existing
Taloja
jail
bound by two major highways and the
provides a ready environment for the
picturesque Kharghar Hills. Kharghar is
proposed institution and would not be
primarily a residential township, but also
an issue for the residents of Kharghar as
has several educational institutions, retail
it has a large number of residential
and commercial hubs as well as numerous
zones.
industries. The Taloja industrial estate and
•
The site agrees with all the criteria set
Taloja creek are located on the north and
forward by the Model Prison Manual
east of Kharghar.
2016
Kharghar is a well-developed node in terms
correctional facilities (buffer zones).
of infrastructure and public utilities. It has
•
12 schools and 12 institutes for higher education including leading names like National Institute of Fashion Technology (NIFT),
Institute
of
Technology
Management (ITM) and many more in the neighbouring nodes. A number of religious
for
the
construction
of
The site is well connected. The Raintree marg connects the site to the SionPanvel highway. Kharghar railway station is 6 km from the site and the Taloja railway station is 2.3 km from the site. Nearest bus stop is 350m or a 2 minute walk from the site.
institutions as well as public spaces like the But They All Come Back – Rethinking the Incarceration System in India
179
•
With the Kharghar hills being a no
•
The Taloja industrial estate in the
development zone, the site provides a
vicinity combined with the large
perfect confluence of urban and rural. It
number of retail and commercial
is as much a part of the urban area of
opportunities can provide the offenders
Kharghar, as being isolated and nestled
with big and small time jobs.
in nature.
Figure 108: View of site and surroundings with Taloja Jail and Kharghar Hills in the background.| Source: www.plus.google.com
But They All Come Back – Rethinking the Incarceration System in India
180
TENTATIVE SITE C SITE AT VASAI Vasai is a suburban town in Palghar district,
fishing, horticulture and farming. Industries
30 km north of Mumbai in the Maharashtra
have been gaining a prominence in this
state of India. It forms a part of Vasai-Virar
region as well. There are many factories
city and is the fifth largest city in
coming up in eastern part of Vasai. Many
Maharashtra. The city is located on the
multinationals have started their business in
north bank of Vasai Creek and is a mixture
different parts of Vasai. Valiv is industrially
of urban cities and rural farmlands. The
developed area along with small industrial
City is well connected to Mumbai by
pockets near Virar, Vasai and Nallasopara.
Western Railway and through Mumbai-
The major industries in the area are
Ahmedabad National Highway. The city is
chemicals,
connected
Thane,
plastic, printing press, spare parts, salt pans,
Bhiwandi, Kalyan and Panvel cities by the
etc. It is a well set up urban locality with a
Vasai-Diva Railway line.
number of education institutes, adequate
to
Navi
Mumbai,
Traditionally, Vasai has always been an agriculturally dominated area. Natives of the region mostly have businesses setup in
electronics,
pharmaceutical,
infrastructure and easy access. As such, Vasai forms an ideal macro-climate for the sustenance of a correctional institution.
Figure 109: Google Earth plan showing Site C at Vasai, Mumbai. But They All Come Back – Rethinking the Incarceration System in India
181
Figure 110: Google Earth plan showing Site C at Vasai, Mumbai; showing surrounding proposed land use according to regional development plan.
Site under consideration Government Buildings
Pachu Bandar Koliwada Community
Vasai Fort, heritage structure
No development zone, Swamps and mangroves
The tentative site in consideration is located
•
The site agrees with all the criteria set
to west of the Vasai Fort and near Pachu
forward by the Model Prison Manual
Bandar. Some pointers that play positive for
2016
the site are:
correctional facilities (buffer zones).
•
•
The site is reserved under ‘Public
•
for
the
construction
of
Being close to a water body, a no
Utilities’ in the Regional Development
development zone and the Vasai Fort it
Plan.
can be considered that the surrounding
The site is surrounded by a water body and heavy mangrove plantations. The adjacent
plot
houses
structures
belonging to a government department.
will not change much and the tranquil and peaceful atmosphere will never cease to exist. Urban areas of Vasai being closer also add to the fact the site meets all the requirements needed for the proposed institution.
But They All Come Back – Rethinking the Incarceration System in India
182
•
The site is well connected by the Killa
•
The Vasai Court of Law is close to the
and Kacheri road that connects the site
site at a distance of 850m. A police
to the urban cores of Vasai. Naigaon
station is 1.1 km away from the site.
railway station is the closest railway
•
station at a distance of 7.2 km from the site. Nearest bus stop is 100 m or a 2 minute walk from the site.
The varied industrial and commercial zones in close proximity to the site as well as the small time industries at Panchu
Bandar
can
provide
job
opportunities for the offenders staying at the institution.
But They All Come Back – Rethinking the Incarceration System in India
183
TENTATIVE SITE D SITE AT WALIV, VASAI
Figure 111: Google Earth plan showing Site D at Waliv, Vasai, Mumbai.
Figure 112: Google Earth plan showing Site D at Waliv, Vasai, Mumbai; showing surrounding proposed land use according to regional development plan.
Site under consideration
Residential Zone
Industrial Zone
No development zone, Forest Land
But They All Come Back – Rethinking the Incarceration System in India
Hospital
184
The tentative site in consideration is located
facing the urbanised and industrial parts
in Waliv, an industrial part of Vasai East.
of Vasai, the site offers a perfect
The site was previously a stone quarry
combination and environment needed
which has been shut down over time due to
for the reformation and reintegration of
environmental damage and unsafe mining
the offender into the society.
techniques.
Some
pointers
that
play
•
positive for the site are: •
•
Sativali road that connects the site to the
The site is reserved under ‘Public
other urban cores of Vasai. Vasai road
Utilities’ in the Regional Development
railway station is the closest railway
Plan.
station at a distance of 5 km from the site. Nearest bus stop is 1.3 km or a 15
The site is located on the outskirts of the
minute walk from the site.
industrial Waliv sector of Vasai and is surrounded by a no development zone
•
on three sides. •
cores of Vasai can result increased job
The site agrees with all the criteria set
2016
for
Being amidst an industrial sector as well as in close proximity to the urban
opportunities for the offenders at the
forward by the Model Prison Manual the
construction
institution.
of
correctional facilities (buffer zones). •
The site is well connected by the
•
With one part of the site facing a green no development zone and the other part
But They All Come Back – Rethinking the Incarceration System in India
The site being a shutdown stone quarry, a proposal for the institution here will result in a brownfield redevelopment.
185
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GOVERNMENTAL PUBLICATIONS Commonwealth Human Rights Initiative, (2010). Standards Behind Bars: Prescribed rules and recommendations for prisons. New Delhi. National Crime Records Bureau, Ministry of Home Affairs, (2015). Prison Statistics India – 2014. New Delhi. National Crime Records Bureau, Ministry of Home Affairs, (2016). Crime in India – 2015. New Delhi. National Crime Records Bureau, Ministry of Home Affairs, (2016). Prison Statistics India – 2015. New Delhi. United Nations Development Programme, (2015). Human Development Report 2015. New York.
E-BOOKS AND PDF Molden, A. (2012). Prison Architecture. [pdf]. Romania. Available at: http://www.arsaconf.com/archive/?vid=1&aid=2&kid=60101-218 [Accessed: 14 Sept. 2016] Pallasmaa, J. (2005). The Eyes of the Skin: Architecture and the Senses. [ebook]. Great Britain. Available at: http://arts.berkeley.edu/wpcontent/uploads/2016/01/Pallasmaa_The-Eyes-of-the-Skin.pdf [Accessed 16 Sept. 2016]
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Raju, Dr. L.P. (2014). Historical Evolution of Prison System in India. [pdf]. India. Available at: https://www.worldwidejournals.com/indian-journal-of-applied-research(IJAR)/file.php?val=May_2014_1398965526_e9548_86.pdf [Accessed 04 Nov. 2016] Sanyal, N. The Architecture of Incarceration: Changing paradigms in prison architecture. [pdf]. India. Available at: http://www.academia.edu/5970218/The_Architecture_of_Incarceration_Changing_parad igms_in_prison_architecture [Accessed 07 Sept. 2016]
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WEB ARTICLES Awofeso, N. (2011). Disciplinary Architecture: Prison Design and Prisoners’ Health. [online] Hektoen International A Journal of Medical Humanities. Available at: http://www.hektoeninternational.org/index.php?option=com_content&view=article&id= 505 [Accessed: 14 Sept. 2016] Bennet, O. (2015). How to build better prisons: New designs and a new look at their purpose. [online] Independent. Available at: http://www.independent.co.uk/artsentertainment/architecture/how-to-build-better-prisons-new-designs-and-a-new-look-attheir-purpose-a6764021.html [Accessed: 09 Nov. 2016] Bhandari, A. (2016). Don’t Report It: How Bihar Fights Crime. [online] Indiaspend.com. Available at: http://www.indiaspend.com/cover-story/dont-report-it-how-bihar-fightscrime-36371 [Accessed: 10 Oct. 2016] Crossman, A. (2016). Sociological Explanations Of Deviant Behavior. A Look at Four Different Theories. [online] About.com. Available at: http://sociology.about.com/od/Deviance/a/Sociological-Explanations-Of-DeviantBehavior.htm [Accessed: 02 Sept. 2016] Leung, R. (2004). Abuse of Iraqi POW by GIs Probed. [online] CBS News. Available at: http://www.cbsnews.com/news/abuse-of-iraqi-pows-by-gis-probed/ [Accessed: 09 Nov. 2016] Lewis, J. (2009). Behind Bars … Sort Of. [online] The New York Times Magazine. Available at: http://www.nytimes.com/2009/06/14/magazine/14prisonst.html?pagewanted=all&_r=0 [Accessed: 09 Nov. 2016]
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Priya, T. (2014). Reformative Theory of Punishment. [online] lawctopus.com. Available at: http://www.lawctopus.com/academike/reformative-theory-of-punishment/ [Accessed: 01 Oct. 2016] Sturley, R. (2010). Leading the way? Architecture effectiveness put to test. [online] World Architecture News. Available at: http://www.worldarchitecturenews.com/wanmobile/mobile/article/15147 [Accessed: 09 Nov. 2016] Tiwary, D. (2016). Why India has a ‘low’ crime rate. [online] Indian Express. Available at: http://indianexpress.com/article/india/india-news-india/why-india-has-a-low-crime-rate/ [Accessed: 10 Oct. 2016] Trueman, C. N. (2015). Why do people commit crime?. [online] The History Learning Site. Available at: http://www.historylearningsite.co.uk/sociology/crime-and-deviance/whydo-people-commit-crime/# [Accessed: 03 Sept. 2016].
WEB PAGES Colour-affects.co.uk, (2016). Psychological Properties Of Colours. [online] Available at: http://www.colour-affects.co.uk/psychological-properties-of-colours [Accessed: 16 Sept. 2016] Criminal Psychology, (2016). Criminal Behaviour. [online] Available at: http://www.ecriminalpsychology.com/criminal-behavior/ [Accessed: 03 Sept. 2016] Hindustan Times, (2016). Construction of two new barracks begins at Arthur Road jail. [online] Available at: http://www.hindustantimes.com/mumbai/construction-of-two-newbarracks-begins-at-arthur-road-jail/story-owZ4ME58gTNh7XZ5BpAAoO.html [Accessed: 02 Nov. 2016] Jewkes, Y. (2016). How to build better prisons. [online] The Conversation. Available at: https://theconversation.com/how-to-build-better-prisons-55174 [Accessed: 09 Nov. 2016] Law.jrank.org, (2004). Causes of Crime - Explaining Crime, Physical Abnormalities, Psychological Disorders, Social and Economic Factors, Broken Windows, Income and Education. [online] Available at: http://law.jrank.org/pages/12004/Causes-Crime.html [Accessed: 03 Sept. 2016]. Mustekala.info, (2003). Confusing Encounters – Senses in Film and Architecture. [online] Available at: http://www.mustekala.info/node/35379 [Accessed: 17 Nov. 2016]
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LIST OF FIGURES Figure 1: Grandeur of the Taj Mahal complex | Source: www.fatsaloon.com http://fatcdn.hipobw1hofq5ehpwigfo4.netdna-cdn.com/wp-content/uploads/2015/04/tajmahal-drone-photography-1024x705.jpg Figure 2: Use of water bodies at the Norbulingka Institute Figure 3: Unison of nature and architecture at the Norbulingka Institute Figure 4: Play of textures and materials in Sancaklar Mosque, Istanbul by Emre Arolat Architects |Source: www.detail-online.com http://www.detail-online.com/fileadmin/_processed_/csm_Sancaklar-Moschee-Rohbau6_96ffbc92f7.jpg Figure 5: Usage of natural textures, materials and colours in Jain Bunglow by Nari Gandhi | Source: www.archnet.org http://archnet.org/sites/6329/media_contents/61103 Figure 6: Play of shade, shadow and light in the Church of Light by Tadao Ando | Source: www.someslashthings.com http://www.someslashthings.com/online-magazine/2014/10/29/somearchitecture-church-oflight-osaka-japan-tadao-ando Figure 7: Play of shade, shadow and light in the Koshino House by Tadao Ando | Source: www.archdaily.com http://www.archdaily.com/161522/ad-classics-koshino-house-tadao-ando Figure 8: Elevation, Section and plan of Panopticon prison | Source: www.wikipedia.org https://en.wikipedia.org/wiki/File:Panopticon.jpg Figure 9: Artist’s impression of being locked up in the panopticon prison Source: www.studymore.org.uk http://studymore.org.uk/letupray.jpg Figure 10: Plan of Eastern State Penitentiary in 1836 Source: www.wikipedia.org https://en.wikipedia.org/wiki/File:Eastern_State_Penitentiary_Floor_Plan_1836.png Figure 11: Interiors of the Auburn State Prison Source: www.geocities.ws http://www.geocities.ws/philyes/prisoncell.gif Figure 12: Radial layout of the Pentonville Prison Source: www.wikipedia.org https://en.wikipedia.org/wiki/File:Pentonvilleiso19.jpg But They All Come Back – Rethinking the Incarceration System in India
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Figure 13: Artist’s impression of the Pentonville prison circa 1842 Source: www.wikipedia.org https://en.wikipedia.org/wiki/File:Pentonville_Prison_ILN_1842.jpg Figure 14: Plan of inmate floor with cells arranged around perimeter Source: www.chicagomodern.wordpress.com https://chicagomodern.wordpress.com/2012/03/19/metropolitan-correctional-center/ Figure 15: Utilisation of soft architecture for the interiors Source: www.blueprintchicago.org http://www.blueprintchicago.org/wp-content/uploads/2010/12/MCC-Interior.jpg Figure 16: Entry path of Halden Prison | Source: www.architecturenorway.no http://www.architecturenorway.no/projects/culture/halden-prison-2009/ Figure 17: Galvanised steel façade at Halden Prison | Source: www.archdaily.com http://www.archdaily.com/154665/halden-prison-erik-moller-arkitekter-the-most-humaneprison-in-the-world/untitled-7-3 Figure 18: Murals on the walls of Halden Prison | Source: www.publicartnorway.org http://publicartnorway.org/content/uploads/2014/06/KORO.006358-1-Large-828x550.jpg Figure 19: North Branch Correctional Institution, USA | Source: www.mascaroconstruction.com http://www.mascaroconstruction.com/images/projects/preview/Cumb5b0250.jpg Figure 20: Cells at the North Branch Correctional Institution, USA | Source: www.mascaroconstruction.com http://www.mascaroconstruction.com/images/projects/preview/fcumberlandprison5a0250.jpg Figure 21: Remnants of the Abu Ghraib Prison in Iraq |Source: www.islamicinvitationturkey.com http://www.islamicinvitationturkey.com/wp-content/uploads/2014/04/358661_Abu-Ghraibprison.jpg Figure 22 | Source: ‘Violence’ by Raj Birdi Figure 23: Collage of infographics representing rise of crime in India Figure 24: Graph showing cases reported under IPC cognizable crimes during 1953 - 2015 | Source: Crime in India 2015 NCRB Figure 25: Map showing cases registered under IPC crimes during 2015 | Source: Crime in India 2015, NCRB
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Figure 26: Map showing rate of IPC crimes during 2015 | Source: Crime in India 2015, NCRB Figure 27: Graph showing cases registered & rate of IPC crime percentage change during the year over 2005 | Source: Crime in India 2015, NCRB Figure 28: Bar graph showing category wise cognizable crimes during 2011 - 2015 | Source: Crime in India 2015, NCRB Figure 29: Countries with high crime rates | Source: UNODC; The Indian Express http://indianexpress.com/article/india/india-news-india/why-india-has-a-low-crime-rate/ Figure 30: Map showing HDI of various states | Source: India Human Development Report 2011; Indiaspend.com http://www.indiaspend.com/cover-story/dont-report-it-how-bihar-fights-crime-36371 Figure 31: Bar graph showing crime rate of various states | Source: NCRB, Crime in India 2014; Indiaspend.com http://www.indiaspend.com/cover-story/dont-report-it-how-bihar-fights-crime-36371 Figure 32: Bar graph showing murder rate of various state | Source: NCRB, Crime in India 2014; Indiaspend.com http://www.indiaspend.com/cover-story/dont-report-it-how-bihar-fights-crime-36371 Figure 33: Indian Scenario, Non registration of FIR | Source: International Crime Victimisation Survey; The Indian Express http://indianexpress.com/article/india/india-newsindia/why-india-has-a-low-crime-rate/ Figure 34: Newspaper articles | Source: Indiaspend.com; The Indian Express 2016 http://www.indiaspend.com/cover-story/dont-report-it-how-bihar-fights-crime-36371 http://indianexpress.com/article/india/india-news-india/why-india-has-a-low-crime-rate/ Figure 35: Life in Jail | Source: Arun Ferreira, Ex-convict http://www.frontline.in/multimedia/dynamic/02220/fl12_bk_arun_2_jpg_2220253g.jpg Figure 36: Welcome to My World | Source: Ronald W Clark, convict. https://betweenthebars.org/posts/4924/welcome-to-my-world Figure 37: Life in Jail | Source: Arun Ferreira, Ex- convict. https://i0.wp.com/www.indiaresists.com/wp-content/uploads/2014/09/ArunFerreira.jpg?resize=1024%2C713 Figure 38: Bar graph showing available capacity vs Inmate population in the states at the end of the year 2015 | Source: Crime in India, NCRB – 2015 Figure 39: Life in Jail | Source: Arun Ferreira, Ex- convict. http://www.openthemagazine.com/sites/default/files/inline_contents/image/Inline%20Content /diaries-cartoon-4.jpg But They All Come Back – Rethinking the Incarceration System in India
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Figure 40: Bar graph showing percentage of recidivists (out of total persons arrested) during 2011 - 2015 | Source: Crime in India, NCRB – 2015 Figure 41: Jails have drastic effects on its users | Source: Unknown Figure 42: Bakery in Tihar Jail, New Delhi | Source: Reuters, India http://in.reuters.com/news/picture/life-at-tihar-jail?articleId=INRTR2MS0T Figure 43: Textile Industry in Tihar Jail, New Delhi Source: www.photoshelter.com http://in.reuters.com/news/picture/life-at-tihar-jail?articleId=INRTR2MS0T Figure 44: Map of India showing state wise prisoner occupancy rate as on 31.12.2015 | Source: Prison Statistics, NCRB – 2015 Figure 45: Bar graph showing number of jails, capacity and occupancy of inmates in the country at the end of 2015 | Source: Prison Statistics, NCRB – 2015 Figure 46: Bar graph showing state wise comparison of occupancy rate at the end of 2015 over 2014 | Source: Prison Statistics, NCRB – 2015 Figure 47: Bar graph showing available capacity vs inmate population in states at the end of the year 2015 | Source: Prison Statistics, NCRB – 2015 Figure 48: Pie chart showing percentage distribution of recidivist under IPC during 2015| Source: Prison Statistics, NCRB – 2015 Figure 49: Pie chart showing death of prison inmates during 2015 | Source: Prison Statistics, NCRB – 2015 Figure 50: Bar graph showing state wise unnatural deaths of inmates at the end of 2015 | Source: Prison Statistics, NCRB – 2015 Figure 51: Google Earth plan of Thane Central Jail, Mumbai. Figure 52: Google Earth plan of Thane Central Jail, Mumbai showing zoning Figure 53: Entry gate at the outer periphery of the Thane Central Jail | Source: www.dnaindia.com http://static.dnaindia.com/sites/default/files/styles/half/public/2014/09/07/265623jail1.jpg?itok=hRVDsxdk Figure 54: Inmates as the worksheds in the Thane Central Jail | Source: www.indianexprees.com http://images.indianexpress.com/2015/07/yakub6.jpg Figure 55: Google Earth plan of Yerwada Central Jail, Pune Figure 56: Google Earth plan of Yerwada Central Jail, Pune showing zoning. But They All Come Back – Rethinking the Incarceration System in India
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Figure 57: Main entry gate of the Yerwada Central Jail | Source: www.mid-day.com http://images.mid-day.com/images/2016/jun/01Yerawada-Central-Prison.jpg Figure 58: Inmates at the Yerwada Central Jail attending yoga sessions | Source: www.indianexpress.com http://images.indianexpress.com/2015/11/yoga-jail-inmates759.jpg Figure 59: Google Earth plan of Yerwada Open Jail, Pune. Figure 60: Google Earth plan of Yerwada Open Jail, Pune showing zoning. Figure 61: Entrance gate at the outer periphery | Source: www.mahaprisons.gov.in http://mahaprisons.gov.in/Uploads/Photo_upload/b81376a5-686e-43ae-8780ad8af8e57ec8Yerwda_Open_Jail.jpg Figure 62: Cultural programs at the temple and open stage | Source: www.sakaaltimes.com http://72.78.249.126/SakaalTimesBeta//20150624/images/4686598789663773844/46663229 45550757803_Org.jpg Figure 63: Inmates working on the farmlands at the Yerwada Open Jail | Source: www.mahaprisons.gov.in http://mahaprisons.gov.in/Uploads/Photo_upload/aa27f0ee-de72-4e1b-9c336b13b61271d2prisoner_planting_Paddy_at_Yerwada_Open_Jail_800x533.jpg Figure 64: Google Earth plan of Open Air Jail in Bilaspur. Himachal Pradesh Figure 65: Google Earth map of Open Air Jail in Bilaspur showing zoning Figure 66: Chart showing inmates and their IPC sections in Bilaspur Open Air Jail. Source: Interview conducted by author. Figure 67: Entry gate 1 Figure 68: Staff Quarters Figure 69: Entry gate 2; inner periphery Figure 70: Parking garage for prison vehicles Figure 71: Meeting area for under trial prisoners Figure 72: Central path culminating at open barrack Figure 73: New administration office Figure 74: Recreational cum Cultural hall; presently kept shut Figure 75: Entry point to women’s under trial closed jail Figure 76: Old administration office; presently used for storage But They All Come Back – Rethinking the Incarceration System in India
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Figure 77: Barracks for Open Air Jail inmates; newly constructed barracks above old existing ones Figure 78: Entry to existing barracks for Open Air Jail inmates Figure 79: Interiors of existing barrack for Open Air Jail inmates Figure 80: Sleeping facilities for Open Air Jail inmates in existing barracks Figure 81: Interiors of existing barrack for Open Air Jail inmates Figure 82: Interiors of existing barrack for Open Air Jail inmates Figure 83: Verandah outside existing barrack for Open Air Jail inmates; entry to newly constructed barracks Figure 84: New barracks for Open Air jail inmates; ongoing construction Figure 85: New barracks for Open Air jail inmates; ongoing construction Figure 86: New barracks for Open Air jail inmates; ongoing construction Figure 87: Open air toilet and bathing area Figure 88: Open air toilet and bathing area Figure 89: Central path within the jail premises; green lawns are maintained by the inmates Figure 90: Periphery wall of bricks and barbed wire fence Figure 91: Religious cum recreation space around trees Figure 92: Abutting roads leading to squatter settlements around the jail premises Figure 93: Aerial view of Bastoy Island Prison, Norway | Source: www.wikipedia.org https://en.wikipedia.org/wiki/Bast%C3%B8y_Prison Figure 94: Ferry services operated by inmates of Bastoy Island | Source: www.gettyimages.ie http://www.gettyimages.ie/photos/bast%C3%B8yisland?excludenudity=true&sort=mostpopular&mediatype=photography&phrase=bast%C3 %B8y%20island&family=editorial Figure 95: Aerial view of Bastoy Island | Source: www.turborotfl.com https://www.turborotfl.com/en/news/5129/Bast%C3%B8y--Luxury-prison-in-Norway Figure 96: Typical house for 6-8 inmates with individual rooms and shared kitchen etc. | Source: www.gettyimages.ie
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http://www.gettyimages.ie/photos/bast%C3%B8yisland?excludenudity=true&sort=mostpopular&mediatype=photography&phrase=bast%C3 %B8y%20island&family=editorial Figure 97: View of inmate house with mainland in background | Source: www.prisonlaw.com http://prisonlaw.com/wp-content/uploads/2015/12/The-view-from-Bastoy.jpg Figure 98: Phone booth yard on the island; used by prisoners to call home. | Source: www.gettyimages.ie http://www.gettyimages.ie/photos/bast%C3%B8yisland?excludenudity=true&sort=mostpopular&mediatype=photography&phrase=bast%C3 %B8y%20island&family=editorial Figure 99: An inmate at the barn. | Source: www.affairstoday.co.uk http://affairstoday.co.uk/redefining-justice-lessons-norway-part-1/ Figure 100: Carpentry workshop and shed. | Source: www.felixfestures.photoshelter.com http://felixfeatures.photoshelter.com/gallery-image/Norway-Bastoy-Prison-by-FredrikNaumann/G0000Tp8RZl7hH30/I0000Hk_uXp2aAEM Figure 101: Inmate working at the bicycle repair shop at the Island Source: www.turborotfl.com https://www.turborotfl.com/system/arts/en_m/5129/Bast%C3%B8y_Luxury_prison_in_Norway_17.jpg Figure 102: Guards and inmates engage in a number of recreational activities together Source: www.newstalk.com http://www.newstalk.com/content/000/images/000114/117613_60_news_hub_multi_630x0.jp g Figure 103: Administration and visitor’s centre | Source: www.newstalk.com http://www.newstalk.com/Basty-the-worlds-nicest-jail Figure 104: Google Earth plan showing Site A at Mankhurd. Figure 105: Google Earth plan showing Site A at Mankhurd; showing surrounding proposed land use according to draft development plan 2034. Figure 106: Google Earth plan showing Site B at Taloja, Kharghar Figure 107: Google Earth plan showing Site B at Taloja, Kharghar; showing surrounding proposed land use according to nodal development plan by CIDCO. Figure 108: View of site and surroundings with Taloja Jail and Kharghar Hills in the background.| Source: www.plus.google.com https://lh3.googleusercontent.com/xI2Roe480T4nDv-nQvrwmCM_MpShfEiu3tQNyhJyJGnRbyHtix12Yyg6gQwIc-v5L7x1maBJQ=w2400-h1350-rw-no Figure 109: Google Earth plan showing Site C at Vasai, Mumbai. But They All Come Back – Rethinking the Incarceration System in India
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Figure 110: Google Earth plan showing Site C at Vasai, Mumbai; showing surrounding proposed land use according to regional development plan. Figure 111: Google Earth plan showing Site D at Waliv, Vasai, Mumbai. Figure 112: Google Earth plan showing Site D at Waliv, Vasai, Mumbai; showing surrounding proposed land use according to regional development plan.
LIST OF TABLES Table 1: Lateral Typology prison Table 2: Square Typology prison Table 3: Hollow Square Typology prison Table 4: Rectangular Typology prison Table 5: Triangular Typology prison Table 6: Cruciform Typology prison Table 7: Telephone Pole Typology prison Table 8: Panopticon Typology prison Table 9: Radial Typology prison Table 10: Radial Typology prison Table 11: Cases reported and rate of total cognisable crimes under the ICC and SLL during 2005 – 2015 | Source: Crime in India 2015, NCRB Table 12: Number of jails, population and occupancy rate in the country at the end of 2015 | Source: Prison Statistics, NCRB – 2015 Table 13: Category of recidivists arrested during 2011 - 2015 | Source: Prison Statistics, NCRB - 2015
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APPENDICES
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APPENDIX I PRISON ARCHITECTURAL STANDARDS AS PER MODEL PRISON MANUAL 2016 CHAPTER II: INSTITUTIONAL FRAME WORK 2.05. Prison architecture has to be based on
educational facilities for children of prison
the following:
personnel, should as far as possible be
i) The location of a new institution will be
within easy reach.
decided on the basis of (a) the functions
iv) No building, other than the prison, will
which the institution has to perform, (b)the
be constructed within 150 mtrs of the prison
training and treatment emphasis, and (c)
wall of a Central Prisons, within 100 mtrs
programme content of the institution.
of the prison wall of a District Prison and
ii) New institutions will not be constructed near easily flooded and inundated areas,
within 50 mtrs. mtrs of the prison wall of Sub-Prison.
frontiers and international borders, sub-
v) The architecture of institutions will be
marginal land areas, sea-faces, airports and
governed by two principles viz. (a)
congested urban localities.
adequate protection to society through the
iii) While selecting the site for new institutions, factors like transport facilities, water supply, electric lighting, connections with high power electric transmission lines, drainage
and
facilities
(such
telephones
sewage,
and
as
communication
posts, internet)
telegraphs,
establishment of security conditions; and (b) adequate resources which would be necessary
for
the
successful
implementation of various correctional programmes.
Institutional
design
and
architecture have to be functional.
climatic
vi) The plan of an institution will be based
conditions, facilities for the purchase of
on a careful analysis of inmate population,
institutional supplies, have to be taken into
age
consideration. Also, institutions like courts,
diversified work, educational programmes,
civil hospitals, mental health centres,
etc.
But They All Come Back – Rethinking the Incarceration System in India
group,
custodial,
requirement,
199
vii) Closed prisons are classified into three
xiii) The existing enclosures for women in
categories that is central prisons, district
common prisons will be renovated to
prisons
Authorised
ensure that women prisoners do not come in
population for these prisons will not exceed
view of male prisoners during their passage
1000, 500 and 300 prisoners, respectively.
to and from these enclosures. These
and
sub-prisons.
viii) There will be enough open space inside the perimeter wall to allow proper ventilation and sunlight. The area enclosed within the four walls of a prison will not be less than 83.61 sq. mtrs per head of total capacity. Where land
is
scarce the
minimum area will be 62.70 sq. mtrs per
enclosures will have a double lock system – one lock outside and the other inside, the keys of the latter always remaining with a woman
guard
inside.
The
institutions/enclosures for women prisoners will have all the requisite facilities with reference to their special needs such as segregation, protection, pregnancy, child-
prisoner.
birth and family care, health care, training ix) No building inside a prison will be
and rehabilitation, etc.
nearer than 50 mtrs to the perimeter wall. xiv) Under-trials and detenues will be x) The area of an institution will be fixed in
lodged in separate institutions away from
accordance
convicted prisoners.
with
the
needs
of
an
institutional programme. xv) Accommodation for prisoners will xi) The requirements of segregation of
provide adequate cubic contents of air, floor
inmate groups within an institution in
space, lighting, ventilation and climatic
accordance with the prescribed principles
protection. All constructions in prison
of classification will be provided for in
department will adhere to ISI standards.
every building plan. The requirements of administration and supervision will also be taken
into
account
while
planning
buildings.
xvi) A special cell with adequate technical staff will be set up at the prison headquarter of each State to plan, monitor and supervise all constructions and repair works in the
xii) Each region/division will have an
department.
institution for women prisoners according to local requirements. Each central, district and sub- prison will have an enclosure for women-prisoners.
xvii) CCTV cameras shall be installed in work sheds, kitchens, hospitals, main gate, interview rooms, high security enclosures
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and in the premises of the barracks for
width to facilitate gate operations. It will
monitoring purposes.
have the following facilities: (a) A cabin. (b) Gatekeeper. (c) Search.
NORMS FOR PRISON BUILDINGS
2.06.3 Entry to the prison will only be
2.06 MAIN GATE
and all other entry points, if existing, will
2.06.1 The minimum dimension of the main
be closed permanently.
through a single point, that is the main gate,
gate and second gate of all the closed prisons will be 3 mtrs in width and 4 mtrs in height. Dimension of main and rear gates
2.07 ADMINISTRATIVE
should be wide that in case of fire
BLOCKS AND OTHER UNITS
exigencies a fire tender, a bore well rig to dig bore well a lorry to transport raw material/logs for factory and ration articles could pass through these gates. The gate will be made up of a strong steel frame having vertical round or square steel bars of 25 mm diameter or thickness. Each gate will have a wicket-gate of at least of 0.6 mtr in width and 1.5 mtrs in height. The main
2.07.1 There will be a properly designed administrative block for each category of prison. The administrative block will be located adjacent to the main gate and will have
office
rooms,
record
rooms,
conference hall, common rooms, enquiry cabins and control rooms for efficient functioning of the administration.
gate and the wicket-gates will have strong
2.07.2 A court room should be set up within
locking arrangements from inside. Both
the prison complex.
gates will have arrangements for easy
2.07.3 The reception unit will have
opening and closing of shutters. The gates
necessary
will be covered with iron sheet from outside
implementation of admission-quarantine
up to the height of 2.5 mtrs. The wicket-
orientation-classification
gates will have peepholes covered with lead
Physical facilities will be set up in
at eye level. The main gate may be painted
accordance with the number and type of
with
of
inmates to be received, and the programme
departmental flag if prescribed by the State
to be followed for proper segregation of
Government.
various types of inmates. The unit will have
2.06.2 Space between two gates will not be
dormitory
less than 16 mtrs in length and 6 mtrs in
accommodations. Provision will also be
colours
identical
to
that
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facilities
and
single
for
proper
programme.
room
type
201
made for following facilities: (i) a building
2.08.5
where the inmates will be initially received,
heating facilities in barracks as well as for
(ii) office room, (iii) interview room and
washrooms and laundry shall be made for
exercise and recreational areas, etc. The
prisoners during winters.
buildings and areas where the admission programme has to be carried out will be located in close proximity of the hospital.
Arrangements
for
appropriate
2.09 BARRACKS AND CELLS 2.09.1 If a barrack is flat-roofed there will be ceiling ventilation that is, opening at
2.08 HOUSING
intervals close to the junction of wall and
2.08.1 There will be three types of living
ceiling 30 x 12.5 mtrs. If the barrack is
accommodations as mentioned below: (i)
gable-roofed, there will be a ridge
Barracks with accommodation for not more
ventilator. The minimum height of roofs or
than
ceilings will not be less than 11 feet from
20
prisoners
(ii)
Single
room
accommodation for prisoners needing privacy for pursuing studies, etc. (iii) Cells for segregation of prisoners for the purpose of security and contagious diseases.
the floor. 2.09.2 The floor of the barrack will be made of impermeable material such as cement concrete. In prisons situated in cold regions
2.08.2 The minimum accommodation
or during cold seasons, appropriate flooring
capacity of dormitories/barracks, cells
should be provided to ensure habitable
cottages, and hospitals per-prisoner will
conditions in the barracks.
ordinarily be according to the following scale:
2.09.3 All barracks will, if possible, be provided with verandas not less than 2 mtrs
ADD TABLE
in width.
2.08.3 A plate indicating the authorised
2.09.4 Each cell will have a yard attached
accommodations will be attached to the
to it where a prisoner can have the benefit
housing unit. Ordinarily, the number of
of sufficient air and light. Adequate air
prisoners confined in a housing unit will not
circulation and proper ventilation shall be
exceed its authorised accommodation.
maintained in the barrack/cell. Though
2.08.4
An
individual
secure
storage
compartment, sufficient in size to hold personal belonging of the prisoners, shall be provided to each prisoner.
ventilation of the sleeping barracks is of the greatest importance, prisoners will not be permitted to close the windows and ventilation openings with shutters or
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curtains at their discretion. In new barracks,
The door of a barrack will have clear
the ventilating area per head will be half a
opening of 1 mtr. The iron frame will be
window. As standard grated window is 7
made of angle- iron of minimum of 10 mm.
feet x 3 ½ feet, half a window will mean 1
thickness.
sq. mtrs. The ventilation will, however, be controlled according to the season wherever necessary; otherwise the barracks will be too cold and damp during winter and rainy season. 2.09.5
accommodation
is
overcrowded and does not meet the standards,
secure
corridors/verandas and work sheds may be used
for
must be provided with fly/mosquito proof wire mesh. The doors will also be provided with polyethylene sheets or chick blinds, as may be necessary.
Where
prescribed
2.09.08 The barrack windows and doors
accommodating
short
2.09.9 All barracks or wards should have two rows of berth only. The measurement of each berth in the ground floor will normally be 2 x .75 mtrs.
term
prisoners and under-trials involved in minor
2.09.10 Sufficient artificial light will be
and petty offences during night. If at any
provided to enable the prisoners to work
prison over-crowding is likely to continue,
and read without difficulty in their barracks
the excess number of prisoners will be
after dusk.
transferred to other institutions or camps as
2.09.11 Each barrack will be provided with
the case may be, with prior approval of the
a first aid kit which will be in the custody
Inspector General of Prisons.
of an authorised prisoner. The first aid kits
2.09.6 The structural arrangements of
supplied to each barrack should not have
fittings and fixtures and locking devices of
any sharp edged items, long gauze
barracks will be secure enough to prevent
rolls/tapes or other such items.
escapes. The existing wooden frames of the
2.09.12 A looking mirror may be fixed
doors, windows and ventilators will be
outside each barrack for use of prisoners.
replaced by iron/steel frames. The iron bars used in doors, windows and ventilators will be of 25 mm. dia. and the clear distance between two bars will be 7.5 cm.
2.09.13 Adequate fire safety systems will be installed in the barracks/cells. The barracks shall be free from tobacco, smoke and excessive noise.
2.09.7 A barrack will have only one door of 2.2 x 1 mtrs and will have a single shutter.
2.09.14 Each cell/barrack will be provided with a flush toilet.
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2.10 TOILETS
2.11 BATHING PLACES
2.10.1 Each barrack used for sleeping will
2.11.1 Every prison will provide covered
have sufficient number of attached WCs,
cubicles for bathing, at the rate of one for
urinals and wash places. The ratio of such
every
WCs will be one unit per 10 prisoners. The
arrangements to ensure privacy. The
ratio of the WCs which can be used during
standard size shall be 5’ x 5’ (length and
day time will be one unit per six prisoners.
breadth). Every prisoner will be required to
2.10.2 Toilets will be of the sanitary type with arrangements for flushing. The
10
prisoner,
with
proper
have bath as frequently as necessary for general hygiene according to climatic
standard size shall be 5’ x 5’ (length and
conditions.
breadth). They will be placed on an
2.11.2 Taking into consideration that the
impermeable base which will be higher
daily requirement of water of an individual
than the surrounding ground and will be so
is about 135 ltrs., there will be an
built that the sun’s rays can easily enter the
arrangement for the adequate supply of
latrines and rain is kept out. The partitions
water in every prison. If feasible, new
separating the latrines will be high enough
prisons
to provide a reasonable degree of privacy.
rainwater harvesting and recycling of
Latrines will be so designed that all excreta
water,
and wash materials will get into the
effectiveness.
receptacles without fouling the sites. Every seat will be provided with foot rests with an impermeable surface which will be in the
2.11.3
will
have
keeping
Each
in
prison
arrangements
view
will
its
have
for
cost
an
independent stand by arrangement for water supply.
right position and not too far apart. The inside walls of latrine will be fitted with
2.11.4 All prison building should have rain
glazed ceramic tiles up to the height of 1
water harvesting system and sewage
mtr from the floor level, as far as possible.
treatment plant to improve the water supply to prison.
2.10.3 In each barrack, where two toilets are provided, one should be of western type. In the hospital, 50% of toilets should be of western type.
2.12 KITCHEN 2.12.1 The general kitchen will ordinarily be located at a central place inside the prison so that the distribution of food among the prisoners may be finished
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quickly. The kitchen will not be built close
2.12.4 There will be two shifts of workers
to the sleeping barracks. It will be well
in the kitchen. Management of kitchen or
ventilated and lighted. It must always be
cooking of food on caste or religious basis
kept clean and tidy. The oven will be of the
will be totally banned in prisons.
type in which the heat does not escape outside and the smoke is let out by a suitable chimney regardless of the type of
2.12.5 The kitchen complex shall have a barrack to house inmates employed for cooking etc.
fuel used. The kitchen will be protected by a fly proof wire mesh all around. Sufficient
2.12.6 The walls of the kitchen wil be
number of exhaust fans will be installed and
covered with tiles upto a height of 2 meters
artificial ventilation may be provided if
for easy cleaning.
necessary. The kitchen must be provided
2.12.7 The prisoners working in the kitchen
with fly-proof automatic closing doors. It
will be provided with suitable clothing,
will have floors made of an impermeable
such as apron, caps, gloves, etc. and also
material. Each kitchen shed will be
with 250 ml each of liquid soap and
provided with adequate supply of pure
detergent on a fortnightly basis for cleaning
water which will be used for both cooking
and washing utensils.
and washing. The water will be collected from taps inside the kitchen. It is desirable that no single kitchen caters for more than 500 prisoners. Cooking and serving utensils will be made of stainless steel.
2.12.8. Prison kitchens will be modernized by introducing LPG and hot plates. Kneading
machines,
chapati
making
machines, mixers and grinders, will also be introduced.
2.12.2 The minimum space requirement in the kitchen will be 150 sq. mtrs per 100 prisoners. It will facilitate sufficient space for storage of provision articles, vegetables, dressing and cutting food, containers and cooking utensils etc.
2.12.9. Adequate fire safety systems shall be installed in the kitchen.
2.13 HOSPITAL 2.13.1 In every prison there will be separate hospitals with the necessary number of beds
2.12.3 There will be a provision for covered
for indoor treatment with separate ward for
dinning space in prisons so that prisoners
men and women. All central and district
may take their meals under a roof and on a
prisons
platform.
accommodation for 5% of the authorised
will
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205
hospital will be as far away from the
i) Isolation rooms for accommodating
barracks as possible. Every hospital ward
mentally ill patients.
will be so constructed as to allow sufficient light and air. The floors and walls will be made
of
hospitals
impermeable will
be
material. provided
2.13.3 Adequate fire safety systems shall be installed in the hospital.
The with
polyethylene sheets, fly proof wire mesh and fly proof automatic closing doors. Attached toilets and baths will be provided close to the wards so that the sick prisoners do not have to walk far to use them. There will be arrangements for continuous supply of potable water in the hospitals.
2.14 WORKSHEDS 2.14.1 Areas where prisoners work will have a minimum space of 500 cubic feet per prisoner
in
structures
that
will
be
constructed as workshops or factory buildings; for efficient ventilation the window area will not be less than 20% of the floor area subject to such variations as
2.13.2 The prison hospital will be situated
are found necessary in relation to particular
near the main gate of the prison, the
industries or locations to be organized. As
accommodation provided will include:
far as possible, work sheds will be located
a) Ward for patients
in a single enclosure for gate control and security.
b) Toilet and bathing facilities at the rate of one for every five patients
2.14.2 Adequate precautionary measures shall be taken to guard against health and
c) Store room for hospital furniture and
safety hazards at the worksheds, including
equipment
provision of first aid kit in the work shed
d) Dressing cum-injection room
which will remain in the custody of an authorised prisoner.
e) Room for minor surgery 2.14.3 Adequate fire safety systems shall be f) Room for laboratory g) Room for the Medical Officer. h) Isolation rooms for accommodating
installed in the workshed.
2.15 RECREATIONAL FACILITIES
patients with infectious and contagious diseases (such as T.B., Leprosy and
Proper recreational facilities like, grounds
H.I.V.+/AIDS).
for outdoor games, auditorium for cultural activities, library, indoor games, yoga, etc.
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APPENDIX II INSTITUTIONAL PERSONNEL AS PER MODEL PRISON MANUAL 2016 CHAPTER IV: INSTITUTIONAL PERSONNEL 4.03.
Institutional
personnel
will
a) Assistant Director, Correctional
comprise of:
Services
4.03.1 Executive
b) Welfare Officer
a) Superintendents
c) Law Officer
b) Additional Superintendent
d) Counsellor
c) Deputy Superintendents
e) Probation Officer
d) Assistant Superintendents
f) Psychologist
e) Guarding staff - Chief Head Warders
4.03.4 Educational Personnel
- Head Warders
a) Teachers
- Warders
b) Physical Training Instructor
4.03.2 Medical personnel
4.03.5 Technical Personnel
a) Medical Officers
a) Instructors
b) Psychiatrist
b) Foremen
c) Nursing staff
c) Electricians
d) Pharmacist
d) Plumbers
4.03.3 Welfare Units
e) Mason f) Drivers
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g) Motor Mechanic
c) Accountant d) Store Keepers
4.03.6 Agricultural
e) Cashier
a) Supervisors
f) Office Assistants
b) Agricultural Assistants
g) Stenographers
4.03.7 Ministerial a) Administrative Officer
h) Typist/Computer Operators i) Miscellaneous Staff
b) Office Superintendent
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