The Hindu Editorial

"PROTECTING PRISONERS"

[Prison reforms must be directed at securing the rights of inmates (कैदी)]

The focus of public and judicial concern over the situation prevailing in India’s prisons has in recent times been related to overcrowding and long spells of incarceration (कैद कर देना) faced by indigent (जरूरतमंद, दरिद्र) inmates too poor to obtain bail. On some occasions, such as when the horrific blinding of prisoners in Bhagalpur took place over three decades ago, the stark (पूर्ण रूप से) human rights situation also attracted attention. The brutal murder (क्रूर हत्या) of a woman life convict (दोषी) in the Byculla women’s prison in Mumbai on June 23 has brought the focus back on custodial violence, especially the vulnerability (भेद्यता) of inmates to authoritarian behaviour. The allegation that prison guards targeted Manjula Shette, a lifer brought to the jail a couple of months ago from the Yerwada Central Prison in Pune as awarder, over somemissing rations is indeed startling(चौकाने वाला). It is said she incurred the wrath (क्रोध का सामना किया) of the guards because of her rising popularity among the women prisoners. This suggests that until her arrival the inmates may not have been accustomed (स्वाभाविक, अभ्यस्त) to even rudimentarycare (प्राथमिक देखभाल) from the jail authorities. Eyewitnesses (चश्मदीत गवाह) say that when the warder was severely (जोर से, निर्दयता से) assaulted (आक्रमण करना) by the guards, it led to a riot-like situation among the prisoners. It is not dificult to surmise (अनुमान, संदेह) that simmering(धीरे धीरे पकना) discontent (असंतोष) over the prevailing (प्रचलित) conditions, and an intense animus (विरोधपूर्ण भावना) between the guards and the inmates, were behind the events. It is some consolation (सांत्वना) that the police have arrested six prison officials for the custodial murder. It is disconcerting (चिंताजनक) that the untoward (अप्रिय) incident (घटना) took

place at a time when the Maharashtra government had been directed by the BombayHighCourt to undertake a comprehensive review of the conditions in three major prisons in the State. As per the March 2017 court order, an empowered (सशक्त) committee was to be constituted to look into all aspects of the jails in the light of Supreme Court decisions, the Model Prison Manual of 2016 and relevant UN resolutions. In particular, the panel was to suggest measures to create modern jails and modernise amenities (सुविधायें). In the last half century, the superior courts have passed a series of orders to reform jails. The issues range from prisoners’ rights, health, hygiene and access to legal aid, to the condition of women inmates and their children. The judiciary’s approach has been anchored in the belief that fundamental rights “do not part company with the prisoner at the gates”. The Union Home Minister released a model jail manual (नियमावली) last year. It makes clear that the state is under an obligation to protect the residuary (अवशिष्ट) rights of prisoners after they surrender their liberty to a legal process. One can only reiterate a principle already enshrined in it: the management of prisons must be marked by firm discipline, but also due regard to the human rights of prisoners. Prison reforms are not only about amenities and conditions; they must also address the prisoner’s right to life.