BANDINI

A glimpse into the life of India’s women prisoners

I remember watching Bandini (meaning: the imprisoned), a famous film produced and directed by the great film-maker Bimal Roy released in 1963. The film tells the story of Kalyani, a woman prisoner, serving life- imprisonment for committing murder. The veteran actress late Nutan played the part of Kalyani. Kalyani, a quiet, simple and self-sacrificing woman, becomes the care-giver to the wife of her loved one Bikas babu, due to the force of circumstances. The woman was mentally imbalanced and used to torment Kalyani every moment. One day, in a fit of insane rage, she poisons and kills her tormenter.

The film left a lasting impression in me. I wondered how any murder could be committed just on the spur of the moment by a   person, normally peaceful and balanced by nature, expressing her long-repressed emotions of anger and hatred. We do not yet understand the complexities of the human mind, which acts in myriad mysterious ways!

Years passed by. I had the opportunity to visit prisoners while working in a human rights organization, in the years from 2012 to 2018. During that period, I could visit more than a hundred prisons in several states. I took a special interest in women prisoners. Perhaps, the memory of Bandini was at the back of my mind.

Profile of Women Prisoners

National Crime Records Bureau (NCRB), report 2021 says that women constitute 4.1% i.e.  22,918 out of the total 5,54,034 prisoners in India.

55.4% women were in the 30-50 age group, followed by 50 years and above (23.9%) and 18-30 years (20.7%). There were women above 65 years of age too, mostly detained in Dowry Prohibition or NDPS (Narcotic Drugs and Psychotropic Substances Act, 1985) cases.

Women prisoners I met were mostly from poor socio-economic backgrounds. Most were illiterate or had only low levels of education. I recall that in District Jail, Madhubani, Bihar all women inmates were illiterate; in District Jail, Saharsa only one out of 04 and in District Jail Madhepura only one out of 07 were literate; in District Jail, Ahmednagar 4 out of 07 were illiterate. 45-50% women were illiterate in jails like Central Jail, Nashik Road and District Prison, Dhule, even in a progressive state like Maharashtra. Very few women were employed.

Undertrial Prisoners

About 2/3rd of women prisoners were undertrials. Undertrial and convicted prisoners were generally segregated in central prisons, but were rarely so in district and sub jails, probably due to their limited numbers. Exceptions were seen in jails in Tamil Nadu, Telangana, Maharashtra and Gujarat. The undertrials were mostly new comers, but there were those who had spent a number of years in jail. In District Jail Madhubani, Bihar, a woman prisoner, accused of kidnapping had spent more than 05 years and another with two children, accused of murder, had spent more than 03 years in jail. None of the women prisoners had received any legal aid. The video-conferencing facility was non- functional. A team deputed by the Patna High Court to these jails found that women prisoners were not being produced before the courts regularly.

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Another woman lodged in Central Prison, Nashik in a murder case, had spent 05 years in jail as an undertrial. These women spend prolonged periods in prisons, due to pending court cases, or having more than one case registered against them.

Very few women were lodged in prisons in Union Territories, except Delhi. In Sub Jail, Diu, against an intake capacity of 60 (40 male; 20 female), there were only two male and female prisoners each.

Sub Jail, Daman (sanctioned capacity 60, actual:48) had a lone female prisoner. Convicted for murder of her husband she had spent 13 years in jail and was awaiting her release in July 2018. Her three children met her only once. She made no complaints. It is difficult to imagine how she spent her time in the jail all alone in a cell for 14 long years. The prison stay seemed to have hardened her.

Crime profile

An earlier NCRB report 2015 stated that over 3 lakh women are arrested every year in India for crimes under the Indian Penal Code (IPC) and Special and Local Laws (SLL). These arrests were made mainly under the Prohibition Act, Dowry Prohibition Act.

Women convicts are generally lodged in central prisons. Their living conditions were generally better than those of undertrials lodged in district and sub jails.Among 5918 women convicts in India, 3002 were convicted for Murder; 246 in Attempt to Murder ;198 for Culpable Homicides not Amounting to Murder; 818 in dowry related cases; 146 in cases relating to reactions to Cruelty by Husbands and their Relatives, 138 for Kidnapping & Abduction; 149 in other IPC crimes and 370 in NDPS cases.

In District Jail, Simdega, Jharkhand there were two women booked in a witch murder case filed under the Jharkhand Anti Witchcraft Act, 2001. One of them had a 2 1/2year old girl with her. Another woman in Sub Jail, Nandiad, Khera district, Gujarat allegedly murdered her mother- in law by burning, due to harassment. I realized that all women prisoners are not Kalyanis.

The increasing trend among young, urban and educated women being involved in the murder of their husbands or his relatives is indeed disquieting. In fact, a woman prisoner in Tamil Nadu, well- educated and employed, candidly admitted murdering her husband, due to constant harassment. A woman prisoner lodged in Central Prison Amravati, Maharashtra and another with a B Com degree, in District Jail, Ahmednagar, Maharashtra, were accused of murdering their husbands.

In most kidnapping cases involving women, their sons or other younger male members of the family had eloped with under- age girls. Due to pressure from the girl's side the entire boy's family is booked.

There were only a few women who continued living in prisons even after getting bail, because they were unable to deposit the requisite security money.

In prisons in Maharashtra the discriminatory practice of forcing women accused of murder to wear green- coloured saris was still persisting.

Extremist prisonersWomen branded as extremists were lodged in prisons in extremism- affected districts like Latehar, Garwah and Giridih (Jharkhand), Raipur and Bastar (Chhattisgarh), Chandrapore and Gondia (Maharashtra). Their living conditions were extremely poor in Garwah and Latehar sub jails. In Latehar I met a young school girl, arrested straight from her school, for being an extremist. The authorities insisted that she belonged to a group of extremists, which she denied. Her case was brought to the notice of the District Magistrate, Latehar. I met a husband- wife team in Chhattisgarh-- the husband alleged to be a hard- core extremist from Andhra Pradesh; his wife an active supporter. Unlike her, most other women extremist prisoners were illiterate and were from poorer backgrounds; some had small children with them.

 I met another young woman lodged in District Jail, Giridih, Jharkhand. Booked u/s 17 of CLA (The Criminal Law Amendment Act) she had already spent 05 years as undertrial. There were already three other cases against her. Her family had a land dispute with others. She was forced to take the help of extremists in solving the dispute as there was no response from administration. The opposite party made a complaint against her. According to police she was dangerous. More than one case was pending against her. Keeping her as undertrial in jail for a long period, isolated from her family, appears to be a violation of her basic right to her life and liberty.

Living conditions

Prisons and prison systems in India are said to be designed to benefit the male prisoners who form the majority of the population in jails. Despite 61% growth in women prisoner (male 33%), population India over the past 15 years, infrastructure has almost remained the same.

Out of the total 1,319 prisons in the country only 32 are exclusively for women.A majority of women inmates are housed in women’s enclosures of general prisons ('prisons within prisons'). However, in Tamil Nadu, they were lodged in special prisons to ensure their safety and security. The state has 03 Special Sub Jails and 08 Sub Jails for women, accommodating 615 women prisoners.

Women's enclosures usually have two rooms and a veranda, with some space around. The women remain confined to their barracks all the time, except, when taken out occasionally for production before courts or hospitals or when they have visitors. But, in special prisons for women, they have more freedom, although their conditions could not be said to be ideal. With more space available, women could cook and take up other activities more freely. The children too have lot more open space for playing and learning.

As a rule, women are not allowed to cook their own food in their barracks. No kitchenette was available in the female section, except in some jails in Punjab. Barring jails in Bihar, Jharkhand, Kerala and Himachal Pradesh, average expenditure per head on food is very low.

The Model Prison Manual calls for minimum dietary requirements for women, but there is no way of knowing whether rules are being followed. The women hardly complained about their food or living conditions, perhaps because back at home they stayed in worse conditions. Their chief concerns were about their children and their getting out of the prison.

Only indoor sports facilities (chess and carom) and outdoor facility (badminton) are available to women, that too only in some jails. In fact, they do not engage in physical activities. Only in a few jails yoga is taught.

The lone Tulsi plant is the only symbol of religious/spiritual activity in the female section. The temples within prisons are invariably located outside the female enclosure. Women generally donot participate in cultural programs. Even within the women's section cultural programs are not encouraged. Canteens are not available in most prisons. Complaints about caste and class discrimination are said to be common in jails, especially in states like Bihar. But such complaints are seldom made openly due to fear of authorities.

In its order dated 13-4-2006 in Upadhyay Vs State of A.P., 2006, the Supreme Court laid down detailed guidelines regarding care and protection of women prisoners and their children; that inter-alia include, keeping children below 06 years with their mothers, provision for food and a balanced diet for mothers and children, clothing, medical care, provision of crèche and a nursery attached to the prison etc. However, in most jails, barring central prisons, these guidelines, especially those relating to education and healthcare, were seen only partially implemented.

Pregnancy Giving birth to/raising children inside jails having limited medical facilities and having no family support is a harrowing experience for women prisoners. The Model Prison Manual includes guidelines for treatment of pregnant women prisoners.

I could meet very few pregnant women in jails. Deliveries were usually conducted in Civil Hospitals outside the jails due to paucity of Gynaecologists/ lady doctors. Because they stay with other women in the same barracks., these women and the infants are exposed to infections from others; they also have no privacy. Special diet in many jails comprise of serving a glass of milk in addition to regular diet. Crèche facilities were inadequate. In the absence of counsellors, the emotional and psychological needs of women were not being met.

Women Prisoners with childrenNCRB reported that there were 1,650 women prisoners with 1,867 children in Indian jails, as on 31st December, 2021.  I saw children right from new born babies and infants to school going kids, below 06 years of age,residing with their mothers/guardians. They usually hide behind their mothers, silent, anxious and fearful of outsiders and do not usually display the joy or exuberance which children living in free condition exhibit. After her child turns six and is removed from the prison, the woman inmate often has no way of knowing how her child is being brought up. Some women had older children staying back at home under the care of other family members. These prisoners were anxious about those children.

Literacy and Educationprovide women prisoners, a window to the world. Education helps them face life with confidence, once they are released. Besides, a wider choice is available to them for taking up work. However, very few jails in the country, other than the central prisons have facilities for providing basic literacy and for pursuing higher education. Only in very few district jails, teachers are deputed. Their absenteeism is common. These teachers have no orientation or training to deal with prisoners. In remand prisons, no educational activities are usually taken up on the ground that the inmates stay only for short periods. But this is not always true. Many undertrial prisoners spend years together in jails, having no chance for self- improvement. Their fewer numbers are often cited as pretext by authorities for not taking up any programs.

The jail authorities often claimed that volunteers among prisoners teach others. But without the proper settings of a class room, it is difficult to impart education. Women's access to higher levels of education is almost entirely absent. The jail library is located outside the women's enclosure. Traditional discriminations against women continue to be practiced in jails.

Healthcare Inadequate health care of women prisoners is a matter of concern. Hospitals are available only in central prisons. Even in advanced states like Gujarat and Maharashtra, only dispensaries are available in district prisons. OPD facilities within the female enclosure is set up in very few jails. Shortage of medical officers, especially, women doctors, gynaecologists and paramedics is a serious problem across the jails. Heath care of women inmates and their children is mostly managed by male doctors with the help of male convicts. For treatment of serious illnesses prisoners are referred to over -crowded government hospitals outside. Police escorts are generally not available in time. In jail hospitals isolation wards are not available for women and children. Even within the women's section, no separate room is available for isolation of sick women.

Although women inmates are known to suffer from various mental illnesses, very few have been identified as mentally ill.

Barring a few central prisons, counselling facility is notably absent, except in Tamil Nadu.

 Barring some of the central jails, others were not disable-friendly.

FacilitiesDue to social stigma many female inmates often do not receive visitors or phone calls from their homes, except in cases where her husband or family members are also involved in the same crime. Further, for want of proper facilities for women in nearby prisons, female prisoners are kept in far- away prisons, making the visits even more difficult, In District Jails Madhubani, Saharsa and Madhepura in Bihar, for instance, no visitors rooms were available.

 Only few prisons have telephone booths within the female enclosure. They have to make/ receive calls in the common enclosure, wherein due to cacophony no one is able to hear others speaking. This forces the prisoners to use cell phones illegally. In some of the district and sub jails telephone facility is altogether absent or the official land line is only means of communication. In some prisons undertrial prisoners are deprived of this facility. Inmates are at the mercy of prison staff for contacting their families.

Vocational training/ EmploymentCentral jails like Chandigarh, Raipur, Kolhapur, Vadodara have well- conceived vocational programs for women inmates. However, most district jails have little or no vocational training organized for women. Most district jails provide at best a sewing machine or two to women prisoners. Government trainers are not posted. Only in some, NGOs are engaged to train them. In the absence of engagement, women while away most of their time.

RehabilitationFuture is uncertain for a lone woman prisoner stepping out of the jail, after her release. Due to social stigma attached to life in jails, most are not welcome in their own homes, especially when they are convicted. Being illiterate or semi-literate getting employment is indeed difficult. For her, government support and rehabilitation are the only answers. Only in some jails like Central Prison Kolhapur a one- time token assistance of Rs.1000/- is given to women when they are released.

Excellent programs are run for male prisoners in Telangana prior to their release so that they could continue with the work after their release. Unfortunately, such programs are perhaps not being run for women prisoners. Prisons do not keep a track of women released.

Shortage of women staffespecially critical staff is noticed in all categories of prisons. Services of prisoners are often used for carrying out various activities, including supervision. This is an unhealthy practice that creates a hierarchy among the prisoners and often leads to exploitation of ordinary prisoners by others.

 

Access to lawAccess to law continues to be a challenge to women prisoners, although a number of safeguards are available for protection of their rights under the Constitution of India and under different criminal laws. The National Model Prison Manual 2016 is a progressive document outlining the basic entitlements prisoners.

The Supreme Court of India has laid down 3 broad principles regarding the rights of prisoners; that a person in prison does not become a non-person, that a prisoner is entitled to all human rights within the limitations of imprisonment, and that there is no justification in aggravating the suffering already inherent in the process of incarceration.

Guidelines were issued by the Apex court in - Upadhyay Vs State of A.P., 2006.  Some of the important conventions on rights of prisoners are the Geneva Conventions, the International Covenant on Civil and Political Rights, the UN Standard Minimum Rules for the Treatment of Prisoners, the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment and the Convention on the Rights of Persons with Disabilities.The UN Standard Minimum Rules for the Treatment of Prisoners (SMRs) approved in 1957 were revised and adopted by the UN General Assembly on 17 December 2015. A number of committees reports on issues concerning women prisoners such as Justice Mulla Committee Report (1982-83) on Prison Reforms, the Justice Krishna Ayer Committee on Women Prisoners (1986-87), R. K. Kapoor Committee (1986) are available.

Legal aidArticle 39A of the Constitution provides for free legal aid to the poor and weaker sections of society. 99% of the women inmates are poor, not knowing the charges against them, nor are they aware of their right to free counsel.

District Legal Services Authorities (DSLA) are not active in many districts. Panels of lawyers engaged by DLSA often have no women lawyers; legal aid is provided to the inmates in a routine fashion. No priority is accorded to illiterate women, women with children or elderly women while sanctioning legal aids. Mostly, male prisoners are trained as Para Legal Counsellors.

Majority of the women prisoners did not know the stage at which their cases were pending. They only wanted to know when they could go home. Their chief complaint was about the slow progress of their cases.

Arrests and Detentions  Cr PC contains special provisions regarding the arrest of women. In spite of those safeguards’ pregnant women and women with children are detained in Indian jails. No doubt, detention of women may not be called to question in cases where there is prima facie evidence that they have committed a heinous crime. But in cases where they are only co-accused or the crime committed is not serious enough, their detention may not be warranted.In Central Prison, Lajpore, Surat I saw a woman detained in a cheating case who was pregnant. She had an 11year old girl back at home. Another woman lodged in District Jail, Wardha, Maharashtra was caught while selling illicit liquor. She had no husband and had three small children.In dowry related cases, the police files cases against all members of the family of the accused, not sparing even aged grandparents. The Apex Court has issued a direction against indiscriminate arrests in dowry- related cases.Women detained in NDPS cases mostly are very poor. They find the occupation paying, despite the risk involved. Once they are detained, they find it difficult to come out of jails.

 

Tamil Nadu and Telangana are two states which have utilized the institution of Lok Adalat in deciding petty cases quickly. Section 141 Cr PC is being effectively used by the two states to minimize the number of arrests. Telangana was able to close down some of its jails.

Non production/delayed production before the courts is a general complaint heard from prisoners. Many complained that their production before courts is only routine.

Video- conferencingfacilities though available in main jails, were found dysfunctional, in many states. The facility is also not optimally utilized nor is connected to all relevant courts. Modern technology could help overcome many of the traditional handicaps in producing prisoners before courts.

 Facilities are not generally available to prisoners waiting for hours to be produced before courts; no waiting rooms, no drinking water nor toilets. This is especially hard on women and their accompanying children. Non- production of prisoners before courts due to non -availability of police escorts was also a serious problem.

Life Imprisonment (LI)In a significant judgment a bench of the Apex Court clarified that a convict undergoing life imprisonment is expected to remain in custody till the end of his /her life, subject to any remission granted by the government. Women convicted for life who were till now hopeful of their release on completion of 14 years, have now no chance of returning to their homes. For them getting remission from state Governments is an uncertain and time taking process.  If no remission is available old, infirm and terminally ill prisoners would continue to live in prisons, even after completing a 14- year term.

Death penaltyis very rarely imposed on women prisoners. However, death penalty was awarded to two women in recent times-- Seema Mohan Gavit and her elder sister Renuka Kiran Shinde who were serial killers- convicted of kidnapping and killing children. This case shows that some women too can commit heinous crimes. The High Court confirmed their death sentences. The Supreme Court too rejected their appeal. Their mercy plea to the President of India was also rejected. The status of the case is not known at present.Maya Kashubai 25 lodged in Central Prison, Rajkot was sentenced to death for killing her own mother and sister. She was unmarried. She refused to interact with others. At that time. She had filed an appeal. I came to know that in 2021 Shabanam Ali lodged in Mathura District jail in UP was sentenced death by hanging, for killing seven members of her own family.

Psychological profiling of criminals needs to be introduced in India

Parole and RemissionsThe ease with which parole is sanctioned varies from state to state. In Bihar it is highly centralized. In Maharashtra the rules were changed recently. Prisoners have to deposit Rs 15,000/-as a pre-condition for sanctioning parole. Obviously, most of the poor inmates are unable to pay. Remission is a time taking and complex process, which needs to be streamlined.

Custodial deaths & violenceBoth natural and unnatural deaths are reported by NCRB. The most heinous custodial killing was that of Manjula Shetye in Women’s Prison, Byculla (Maharashtra) on 23 June, 2017 for arguments over two eggs and five slices of bread that were missing from the ration.

NHRC recorded 39 cases of rape in judicial and police custody in the period between 2006 to 28 February 2010. It is a matter of shame that such incidents took place within highly protected jails.

 

Foreign NationalsForeign prisoners constitute roughly 1.5% of the total prison population. Majority of prisoners were from Bangladesh, followed by Nigeria, Nepal and Pakistan. Among the states, from where these women were arrested, West Bengal topped the list (464), followed by UP (106) and Maharashtra (89).Most foreigners are booked under the Foreigner's Act or Foreigners Registration Act or the Passport Act; others under NDPS or IPC. Very few of the foreign nationals, especially from poor countries, have consular access.

On a complaint filed by some of the foreign prisoners lodged in a District Jail, UP, one woman prisoner alleged custodial rape by a Jailor, which on inquiry was found to be prima facie true. The jail authorities were indifferent to the allegation and tried to cover up the issue when I visited the jail. The local court had to intervene in the matter.

Foreign nationals face gender- related problems, language and cultural barriers, as also absence of relatives and friends in the country. They have difficulty in communication and adjusting to Indian food habits and culture; they faced exploitation by jail staff, theft of personal belongings, lack of communication with family members etc. The jail had no contact with their respective consulates/embassies. No translators were engaged to help them communicate with prison officials and other inmates. They complained about non implementation of rules and procedures by prison authorities.

How can we help?After these visits to various prisons, I made some recommendations. There could be more numbers of special prisons for women in the states, especially open jails/ semi-open jails (women could work within the jail premises); careful planning in their design and construction, with provisions for open space, sick rooms for isolation during illnesses, class rooms, hospital facilities and Lok Adalats, also keeping in view the needs of physically challenged and elderly prisoners; segregation of under trial and convicted prisoners; amending Section 436 A of the CrPC (which provides for release after half of the maximum sentence has been served) so that bail could be granted to those under-trial women who have spent one-third of their maximum possible sentence in detention; frequent holding of Lok Adalats; activating the DSLAs; provision of all facilities including health, educational and vocational facilities; provision of adequate number of trained staff; integration of correctional administration with prison management; putting in place an effective Complaint Management System; engaging reputed and credible voluntary agencies; further revision of The Model Prison Manual  and their adoption by all states /UTs; computerization of prisoners' data, net working with other prisons, video-conferencing and communication, installation of Visitor's Management System, monitor cases, digitalization of class rooms etc.

In all probability conditions of prisoners in general and women prisoners in particular might have improved, after I completed my assignment in the field of human rights, back in 2018.

The way forwardViews of our father of the nation on treatment of prisoners are very pertinent even today -"Crime is the outcome of a diseased mind and the jail must have an environment of hospital for treatment and care'. He also said “Hate the sin, not the sinner”. Our prisons unfortunately make the inmates hardened and more diseased. If a nation’s greatness is measured by the way the prisoners are treated, we have a long way to go.

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