Somesh Goyal's Take
Somesh Goyal writes on issues concerning people and country's security. His views and articles have appeared in national and vernacular newspapers and magazines. He is an author, motivational speaker and an avid birdwatcher and golfer. He is an alumnus of the National Defence College.
Tuesday, September 16, 2025
Cricketers, keep away from politics
Monday, July 28, 2025
LESSONS FROM MAHILA POLICE RECRUITS' PROTEST IN GORAKHPUR, UP
Thursday, July 24, 2025
SECRETLY RECORDED CONVERSATIONS BETWEEN SPOUSES AND THEIR ADMISSIBILITY IN LAW
Saturday, July 30, 2022
Nelson Mandela International Day: Alleviating the misery
July 18, which is the birthday of Nelson Mandela, is celebrated as the Nelson Mandela International Day, recognising and rededicating his commitment to human rights, conflict resolution, and reconciliation. This day is special to the prison officials across the globe as the day is also utilised to promote humane conditions during incarceration; to raise awareness about inmates being an inalienable part of society and to value the work of prison staff as a social service of particular importance.
Nelson Mandela fought apartheid for decades, was sentenced to an astounding 27 years in jail and stood at least four trials. He observed, "It is said that no one truly knows a nation until one has been inside its jails. A nation should not be judged by how it treats its highest citizens, but its lowest ones."
The United Nations General Assembly (UNGA) adopted the revised Standard Minimum Rules for the Treatment of Prisoners. These rules are known as the Nelson Mandela Rules in honour of the great South African leader. Over 100 different rules were studied by the UNGA and these were revised in nine thematic areas — prisoners' inherent dignity as human beings; vulnerable groups of prisoners; medical and health services; restrictions, discipline and sanctions; investigations of deaths and torture in custody; access to legal representation; complaints and inspections; and terminology and staff training. Also Read - Water wisdom Like the rest of the world, the Indian prison system is overstretched and inadequately managed, which impacts the prisoners, their families and society as a whole.
According to the National Crime Record Bureau (NCRB) data, Indian prisons had an average occupancy rate of 118 percent as on December 31, 2020. There are a total of 1,347 prisons — including 606 sub jails, 413 district jails, 145 central jails, 88 open jails, 44 special jails, 29 women jails, 19 borstal schools and three others than the above jails. Against the capacity of a little over four lakh inmates, the prisons host a little under five lakh prisoners — putting pressure on infrastructure, resources and staff.
As of April 2022, there were 773 districts in India but the number of district jails has been much less at 413. A large state like Uttar Pradesh, which has 75 districts, has only 61 district jails despite the fact that the state accounts for 22 percent of the country's prison population. No wonder the state has the worst occupancy rate at 177 percent, followed by Sikkim and Uttarakhand. These figures point towards a lack of coordinated effort in the direction of addressing the problem where it hurts the most.
Transportation of inmates to and from courts, hospitals, etc. is an expensive and manpower-intensive activity. There is a need to break away from the traditional 'central, district, and sub-jail' concept and just increase the capacity of the existing prisons to align the prison system with the locations of the courts in the country. It will reduce the logistics cost to the exchequer in the longer run. It will also help in the proper segregation of convicts and undertrials. Convicts can be confined in the central jail only. Each state needs to prepare a five-year plan to create facilities to address overcrowding issues and provide humane conditions in the prisons.
The reason for excessive overcrowding is the number of undertrial prisoners who account for 76 percent of the total occupancy. Faster trials, liberal bail provisions, and scrupulous adherence to Section 41 (A) of CrPC by all components of the criminal justice system alone will alleviate the situation. No single wing of this system can be blamed for this abject failure.
There are instances of undertrial prisoners who languish in jails because they cannot pay for the surety or the bail bond. The state and district legal aid authorities can step in to find a solution to this problem as the surety and bond amounts are not very large. Prison administration can also play a positive role in such cases by enrolling such undertrial prisoners in the wage-earning programmes. As per the jail manuals, only the convicts can be made to work and earn wages. But by making an exception on humanitarian grounds for such poor inmates, a number of undertrials will gain their freedom and a sense of empowerment after securing bail with their own hard-earned money.
There are huge staff vacancies in prisons across the country. Thirty percent fewer supervisory, watch & ward and medical and paramedical personnel are available for day-to-day functioning — straining the life-work balance of the staff and denying them in-service training opportunities. It also adversely affects the morale and motivation of the prison staff. The sanctioned staff strength is nowhere close to the strength mandated by the Model Prison Manual approved by the Home Ministry.
The issue of parity of pay and allowances of the prison staff with the police department is yet to be put to rest. It is a daily struggle for the prison staff to ask for these basic perquisites.
This day is supposed to celebrate the prison staff as well. But unfortunately, like other streams of service in the khaki, the number of awards and recognition available to the prison officials is minuscule. There are no awards for best-managed jails in small and large states, like those for the police stations. The union home ministry should consider instituting these awards to keep the mojo of the staff intact. India, like the rest of the world, has moved away from retributive incarceration to a reformation and reintegration agenda for its prisoners.
India ratified the International Covenant on Civil and Political Rights (ICCPR) in 1979, which remains the core international treaty on the protection of the rights of prisoners. The International Covenant on Economic, Social and Cultural Rights (ICESCR) states that prisoners have a right to the highest attainable standards of physical and mental health.
A lot has been achieved in the last decade due to judicial activism and the efforts of some motivated prison administrators. Now is the time for a concerted effort by all to overhaul the prison infrastructure and human resources which costs a fraction of expenditure compared to the expenditure on the other components of the criminal justice system.
http://www.millenniumpost.in/opinion/nelson-mandela-international-day-alleviating-the-misery-486172
Thursday, July 28, 2022
On Gurugram Streets on a Rainy Day
हरे कृष्णा हरे जाम
Sunday, July 24, 2022
SHARBATI WHEAT OF MADHYA PRADESH AND PUNJAB PRCTICES
Recently I bought a bag of Sharbati wheat at Rs. 44 per Kg. Normal MP wheat sells at around Rs. 40 a kilo. The third in the hierarchy is the Rajasthani wheat selling at Rs 30-32 a kilo. There is great demand for these varieties and I am told the farmers use no or little chemical fertilizers but reap a rich harvest earning handsomely or twice as much as the farmers in Punjab.
Tuesday, October 2, 2018
Women prisoners: The way ahead
As per the NCRB data compiled up to 2015, there were approximately 4.2 lakh prisoners in some 1400 prisons in the country. Women, at 17,834, constitute just above 4 per cent of the entire prison population. Most of the women inmates are confined to separate enclosures in general prisons. Shockingly, there are only 18 prisons which cater exclusively to the women inmates. Whether the design of these 18 prisons is suitable to the specific needs of women remains debatable. The World Health Organization has observed that "prison system was primarily designed for men and many prisons do not have adequate facilities to protect women rights or to promote their health". This observation has been made in respect of the prisons in the world and is not targeted at India. The fact remains that the percentage of separate prisons for women is low and needs to be improved at the earliest.
As with men, 2/3rd of women prisoners are also undertrial prisoners waiting to be tried by various courts which are heavily burdened with millions of pending cases. Women prisoners who are lodged in general prisons are perceived to be more vulnerable than their male counterparts, for obvious reasons. According to the NCRB data, 31.3 per cent of women prisoners are in the age group of 18-30 while another 50.5 per cent are 30-50 years old. The very fact that almost 82 per cent of women lodged in the jails fall in the age group of 18-50 years means that their personal hygiene and medical requirements vastly differ from their male counterparts and need to be addressed differently in the prisons. Globally, there is a conscious effort to treat them as a distinct category of inmates by recognising their special needs and creating an infrastructure to suit them specifically.
The fact that 82 per cent of women in prisons are in the reproductive age also means that most of them have children to look after inside and outside prisons. As of 2015, 1597 women inmates were lodged with 1866 children in the prisons in the country. Separation of children from mothers is traumatic, to say the least. Issues of pregnant inmates, lactating mothers, young children, special diet, specialised medical care, etc., become important management issues in the prison administration if humane treatment is to be meted out to this category of prisoners.
Of late, emphases has been laid on rehabilitation and reintegration of prisoners rather than incarceration. Open jails have been talked about as a more viable and humane substitute to the standard prisons. Of the 3789 prisoners in open jails in 2015, women accounted for only 109, that too in a handful of states such as Kerala, Maharashtra, Rajasthan, Delhi, Madhya Pradesh, and Himachal Pradesh. Himachal Pradesh, though a small state, has done a pioneering work in creating open jail facilities in the state. Nearly 200 inmates have been placed in the open category and these inmates are supported by the Prisons Department by providing jobs not only in the prison factories but outside the confines of the prisons in partnership with industries, businesses and by innovative initiatives like Shimla Book Café. The department is also in the process of setting up a prison in Baddi which is a major industrial and pharma hub in Himachal Pradesh with a view of providing jobs to inmates. It is truly gratifying for Himachal Pradesh that the Apex Court in its interim orders dated 15/09/2017 observed: "The suggestion given by the learned Amicus of encouraging the establishment of 'open jails' or 'open prisons' is certainly worth considering. It was brought to our notice that the experiment in Shimla (Himachal Pradesh) and the semi-open prison in Delhi are extremely successful and need to be carefully studied. Perhaps there might be equally successful experiments carried out in other States as well and if so they require to be documented, studied and emulated."
Skill development of women prisoners is also important because their reintegration upon their release is more challenging due to the stigma attached to them. Frequent exhibition of products made by the women inmates, visits by members of civil society to the prisons, awareness about the reforms taking place inside the prisons, all help in their better reintegration with their family and society. Women are being skilled in handlooms, bakery, cutting, stitching, weaving, and grooming services in the prisons in Himachal Pradesh. Himachal prisons have achieved yet another milestone by rehabilitating one woman inmate, who has been employed outside the prison in an educational society. And this step is just a beginning.
The role of Government is paramount in improving the living conditions inside jails for women inmates. State and the Central Governments have to support the prison establishments to make them reformatories. Several committees have been constituted in the past since Independence which has made recommendations to improve the condition of prisoners, particularly women in the Indian prisons. All India Jail Manual Committee, 1957, Working Group of Prisons, 1972, All India Prison Reforms Committee, 1980-83 (Mulla Committee), All India Group of Prison Administration, Security and Discipline, 1986, National Expert Committee on Women Prisoner, 1987 (Justice Krishna Ayer Committee), and Ministry of Women and Child Development Report on women in prisons, 2018 have made several recommendations for improving the living condition for women prisoners. The Supreme Court has also directed state High Courts to monitor the condition of prisons in the states. It is hoped that with the recent pro-activism of the courts, the government departments will come together and join hands to improve the conditions of women prisoners in India in the coming years.
Heads of Prisons & Correctional Services in the Country are assembling in Shimla on 4th and 5th October 2018 to discuss the issues pertaining to women prisoners in two days on the theme of "Women in Detention – Access to Justice". The Conference is co-hosted by the Department of Prisons & Correctional Services, Himachal Pradesh and Bureau of Police Research and Development.
http://www.millenniumpost.in/opinion/women-prisoners-the-way-ahead-321278
Cricketers, keep away from politics
The Brussels blasts on Tuesday drowned a minor but significant outburst in Mohali by the captain of the visiting cricket team of Pakistan to...
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The Brussels blasts on Tuesday drowned a minor but significant outburst in Mohali by the captain of the visiting cricket team of Pakistan to...
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July 18, which is the birthday of Nelson Mandela, is celebrated as the Nelson Mandela International Day, recognising and rededicating his co...
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State Sentence Review Board and some pertinent issues By Somesh Goyal - Feb 20, 2017 SHARE Facebook Twitter ...
