Reform Our Prisons
Tihar, in the heart of the national capital, exposes the rot in Indian jails
The National Human Rights Commission has begun to scruti nise Delhi's Tihar Jail following a series of reports in this newspaper, exposing lawlessness within the prison. Separately, the Supreme Court is hearing a writ petition on the appalling state of our prisons. The interest shown by these institutions provides an opportunity to decisively reform India's prison system, an area which has long faced neglect. The state of prisons is a measure of how civilised we are as a society and our record, unfortunately, leaves a lot to be desired. Indeed, we have even gone backwards.Tihar Jail, in the heart of the national capital, is a case in point.Once upon a time Tihar was a byword for prison reform, initiated by Kiran Bedi when she was inspector general of prisons. It included vipassana or meditation sessions, educational facilities, vocational activities, organisation of sports and games. But Tihar is a nightmare today , with rampant torture and sexual abuse of inmates by other inmates. Gangs run wild in the prison and crimes such as murders are plotted, both of those within and outside prison.
There is, therefore, an urgent need to look into and remedy the condition of our prisons. Even convicted prisoners have rights and cannot be entirely stripped of them. But what makes the tragedy even more heart-rending is that the majority of inmates in Indian prisons are not hardened and convicted criminals but undertrials. About 67% of India's prisoners are undertrials, compared with 20% in the US. The consequence in India is overcrowded, unhygienic prisons and a preponderance of young people charged with petty offences at the mercy of hardened criminals.
Thanks to its slowness and laxity , India's judicial system is the principal culprit here. Prison reforms, therefore, need to be a part of larger reforms which speed up and improve our criminal justice system. Current court orders and implementation of existing laws too can help in lowering the incidence of undertrials. Bail is the first line of defence here courts have ruled that bail is to be seen as a rule and not an exception. Above all, India's prison system needs to ensure that it punishes criminals appropriately while giving them a chance to reform and learn new skills, rather than produce more criminals who are then let loose into society .
There is, therefore, an urgent need to look into and remedy the condition of our prisons. Even convicted prisoners have rights and cannot be entirely stripped of them. But what makes the tragedy even more heart-rending is that the majority of inmates in Indian prisons are not hardened and convicted criminals but undertrials. About 67% of India's prisoners are undertrials, compared with 20% in the US. The consequence in India is overcrowded, unhygienic prisons and a preponderance of young people charged with petty offences at the mercy of hardened criminals.
Thanks to its slowness and laxity , India's judicial system is the principal culprit here. Prison reforms, therefore, need to be a part of larger reforms which speed up and improve our criminal justice system. Current court orders and implementation of existing laws too can help in lowering the incidence of undertrials. Bail is the first line of defence here courts have ruled that bail is to be seen as a rule and not an exception. Above all, India's prison system needs to ensure that it punishes criminals appropriately while giving them a chance to reform and learn new skills, rather than produce more criminals who are then let loose into society .
