LOK NAYAK JAYAPRAKASH NARAYAN NATIONAL INSTITUTE OF CRIMINOLOGY AND FORENSIC SCIENCE

Government of India (Ministry of Home Affairs)

Jail visit Report

Submitted By: Shankey Verma

M.A. (Criminology) 1st Semester

CONTENTS1. Acknowledgement2. Purpose of visit3. Introduction4. Organizational setup of prison5. Physical Observation6. Infrastructure Setup7. Case Study - 18. Case Study - 29. Case Study – 310. Personal Observation11. Critical Analysis12. Suggestions

ACKNOWLEDGEMENT

I, Shankey Verma student of M.A. Criminology, would like to pay my sincere gratitude towards our course director Prof. (Dr.)B.N. Chattoraj, for arranging our visit to Rohini Jail for the purpose of understanding the Jail organization and its functioning.

I am also thankful to Mr. Harish Tyagi, the Superintendent Rohini Jail, Delhi to make us understand the things in a much practical way.

Shankey Verma

PURPOSE OF THE VISIT

The main objectives given by our course director was taken into consideration before going to the field work in the above mentioned institution as followed:

1. To study the role of Rohini District Jail in treatment of prisoners in the framework of rehabilitative and reformative activities given to the prisoners.

2. To study the infrastructure provided by the jail authorities to the prisoners.

3. To study the vision and mission of Rohini District Jail.4. To study the behavior of the inmates of the jail.5. To study the services and opportunities provided to the inmates by

the jail authorities.6. To study the security system of the jail premises.7. The responsibilities of the jail authorities towards the prisoners.

INTRODUCTION

The prisons now a days are styled as a correctional institution rather than as an institution for punishment. This is because with the evolution of the society and the increasing importance of human rights we have moved into an era of reformation from the era of retribution. The main objective of prison is to convert the inmates into ordinary members of the society by providing them with useful skills, education and respect for the law.

It aims to improve the inmates’ self esteem and strengthen their desire to improve. To engage, rehabilitate and reform its inmates, the current prison system in India uses music therapy which involves music training sessions and concerts. Many of the inmates continue their higher education through distance learning programmes. Thus the prison is acting as an adult school.

What is the vision of the prison department?

To provide safe and secure detention of the prisoners committed to the prison custody.To provide for the reformation and rehabilitation of prisoners.To provide for Basic Minimum facilities to prisoners to maintain human dignity.

What is the mission of the prison department?

To provide minimum standard of living/treatment to the prisoners remanded to judicial custody and at the same time to reform /rehabilitate them by involving them in various vocational, spiritual, educational activities so that they become useful citizen of the country after their release.

Organizational set up of Prison

Director General of Prison↓

Inspector General of Prison↓

Addl. Inspector General of Prison↓

Deupty Inspector General of Prison↓

Superintendent of Prison↓

Deupty Superintendent of Prison↓

Assistant Superintendent of Prison↓

Head Warden↓

Warden

The Director General of Prisons, Delhi is the Head of the Prison Department and is assisted by Addl.I.G.(P) and Deputy Inspector General of Prisons. A Jail Superintendent heads each jails and Deputy Superintendents, Assistant Superintendents, Head Warders and Warders assist him.

The custodial duties of the prisoners are performed by the Jail Staff where as the external security; Patrolling, search etc. are taken care by Tamil Nadu Special Police, ITBP and Central Reserve Police Force.

A Battalion of Delhi Armed Police handles the escorting of the prisoners to the courts/hospitals etc.

A Resident Medical Officer heads the Medical Administration of all Jails. Senior Medical Officers head the Medical administration of each jail assisted by Medical Officers and other Para-medical staff.

Working hours for mulakat with Prisoners

There was a fix time for visitors to meet the prisoners. There were total 48 mulakat chambers and there was a mulakat diary at the entrance gate according to the alphabetical order. The preference is being given to the blood relatives of the prisoner to meet them. There was a fix time duration and hours for the visitors to meet the prisoners. Only in this time limit visitors can meet with the prisoners.

Visitors TimeRelatives and Friends 9:30 a.m. to 1:00 p.m.Advocate/Counsels & Embassy officials

3:00 p.m. to 3:30 p.m.

There is no public meeting on Saturdays, Sundays and public holidays.

Lodging of Prisoners in Rohini District Jail

There were 6 wards in Rohini district Jail. There was a different jail for different types of prisoners. The lodging of prisoners in Rohini District Jail is given below:-

Ward No. Population of Prisoners CategoryWard No. 1 42 UndertrialWard No. 2 626 UndertrialWard No. 3 594 New ComersWard No. 4 288 ConvictedWard No. 5 11 High RiskWard No. 6 528 Undertrial

Total Population of Rohini Jail as on 14-10-2014

Although the total capacity of the Rohini District Jail is 1095 but there were 2089 prisoners lodged in the jail.

Various forms of labours which were paid there are:

Lungar, Mulaqat, Carpenter, Godown, Legal, Education, Meditation, Kheti, Computer, Book binder, Munshi, Atta chakki, Electrician, Music, Stitching, Sewdar, Envelope making, Plumbar, FM DJR, Hospital, Smart card, Wet canteen, PWD, Mali, Barber, etc.

A total of 248 convicts are allotted the work above mentioned and they are paid a total of around forty seven thousand rupees for a single month.

Every prisoner should labour 8 hour in a day from 8:30 am to 4:30 pm. Under trial prisoners can’t work in prison. But under trial prisoners can do work if they want to do work.

Salary Chart Of The Prisoners

Total No. Category No. of working days

Rate Amount

40 Skilled Labour 1002 99 99198.00/-47 Semi-skilled

Labour1191 81 96471.00/-

161 Unskilled Labour

3959 70 277130.00/-

248 Convicts 6152 TOTAL 472799.00/-

PHYSICAL OBSERVATIONRohini Jail was inaugurated on 14 December 2004 with the aim to reduce the Tihar Jail’s burden and population. This well-lit and ventilated jail provides a peaceful atmosphere for the prisoners, which helps in their better reformation. This three-storied building is built on modern design. The jail comprises of total of 6 wards. There is no women prisoner cell inside the Rohini District Jail.

Administrational Set-up

All the administrative works inside the Rohini Jail are carried out in accordance with the provisions of the Delhi Jail Manual which was published in 1988 and Delhi Prison Act,2000. The administration inside the Rohini District Jail was carried out by six different officers:

1. Undertrail Office: It managed the documents of the undertrial prisoners like nominal roll, High Court production, miscellaneous reports surrender date, parole jump etc.

2. Convict Office: It managed the documents of the convicted prisoners like nominal roll, High Court production, miscellaneous reports, surrender date, parole jump etc.

3. Line Office: It managed the grievances and problems of the prison.

4. Welfare Office: This department took the welfare measure of the prison and prisoners like donation of clothes, books, packed eatables, stationary etc.

5. TIP Room: The TIP i.e. Test Identification Parade room is used by the jail authorities for the identification of any accused either by the victim or some eye-witness. In the process of identification the one who identifies the accused and the prisoners are separated by a special type of glass. The prisoners cannot see the identifier but the identifier is able to see the prisoners.

6. Account office: All the accounts related matters of the prisoners as well as the prison authorities are managed by this office.

Security

Security of Rohini Jail is maintained by CRPF, Delhi Jail Personnel and Tamil Nadu Special Police. The outer gates is looked after by CRPF. Rohini Jail is having modern security gadgets for detecting prohibited articles possessed by prisoners/ visitors at all access points. All the watch towers are equipped with flood lights and the open areas are covered with High Mast flood lights for illumination and security during night hours. The various instruments used for security are magnetic pole, hand held metal detector, door frame metal detector, ramp scan etc. For security reasons the officials and the non-officials both have to face the security check up before entering the jail. Even the use of jeans, sport shoes, net sweater is prohibited.

Different activities in Rohini District jail

Recreational Activities

The prisoner's participation in games and sports activities within the prisons took a big jump with the organization of inter-ward and inter-jail competitions twice a year for the last over five years. In all the prisons, sports like volleyball, cricket, basketball, kho-kho, kabbaddi, chess, carom etc. are organized during. Every year competitions in music, dance, sher-o-shairi, quawali, painting, quiz etc. are organised for inmates. Eminent personalities from the field of sports and culture are invited on these occasions to encourage the prisoners to take part in the sports and cultural events, to foster their physical, mental and cultural development and inculcate discipline.

Educational Activities

Both adult and formal education arrangements have been made for prisoners. Educational activities are looked after with the help of Government resources as well as NGO's participation. Study Centres of the Indira Gandhi National Open University (IGNOU), New Delhi and National Institute of Open Schooling (NIOS), Delhi are established at Rohini District Prison. Computer training centres are also working in the Prisons for imparting computer education to the prisoners. The most important aspect of the education system in Rohini District Jail is that educated prisoners voluntarily teach less educated prisoners. An illiterate person landing in Rohini District Jail can look forward to being literate if his stay is more than a week. Library with the support of Non-Governmental Organisations has been created in each jail.

Expenditure on fees for IGNOU / NIOS courses is borne by the Government. Study material like note-books, pens etc. is also being provided free of cost to inmate students. Literate inmates whose conduct is good help the Prison administration in imparting education to other inmates. The imparting of education both formal and informal is an important component of prisoner daily routine.

Rehabilitation

The study of the problems faced by the prisoners after release and the reasons for committing crime guided Rohini Jail Administration to initiate steps, which can go a long way in rehabilitating the prisoners after their release. The facility is for both for convicts as well as undertrials. For the post-release rehabilitation of the prisoners, the Social Welfare Department of Delhi Govt. provides loans for setting up self-employed units.

Legal Aid

Legal Aid Cells exist in Rohini Jail with facilities for drafting, typing and dealing with bail applications, misc. application, appeals, revision etc. on behalf of the Jail inmates. With the coming times the demand for legal aid and advice has increased considerably. Majority of prisoners belong to economically poor class and are not in a position to avail the services of expensive lawyers.

INFRASTRUCTURE SETUP

• Meditation hall – For cleansing and disciplining mind, Yoga and meditation classes were started in a big way with the help of various voluntary organizations. Staff members are also encouraged, to attend meditation courses. This has helped many prisoners in changing the whole approach to life.

• Tailoring Room – This unit was primarily started for imparting vocational training to convicts for post release rehabilitation. This section caters to tailoring requirements of prisoners and Jail staff uniform. Effective quality control measure with rigid scrutiny of efficiency has led to remarkable increase in the turnover of this unit.

• Bakery Section – The inmates are being taught about the process of preparing bakery items such as biscuits, namkeens, bread etc. which are used for either self consumption or selling purposes.

• Library – The library of the Rohini Jail was rich in books, magazines, journals and newspapers. The books contained epics, stories, novels, philosophical items, law books, and different acts etc. which were in different languages. The walls of the library were painted beautifully by some scenery which was done by inmates. Also various paintaings of important figures were hung on the wall.

• Pharmacy – There was a pharmacy also in the Rohini Jail in ward no.2 which was used to provide medicines to the sick patients free of cost.

• Washing Plant – The Rohini Jail had a washing plant for the purpose of washing clothes and their ironing. However this facility was on paid basis and the inmates has to pay for using this washing plant.

• Tailoring – There was a separate room in which stitching, tailoring and weaving training was given to the prisons as a part of the rehabilitational measure.

• Masala Unit – The spices that are used in the kitchen were prepared with the help of grinding machines in this room. This was also done by the prisoners only.

• Kitchen – The inmates have to prepare the food for the whole prison department and the prisoners as well in this kitchen. Food for about 2000 people is prepared by the inmates per meal.

• Music Room – Music room was equipped with various musical instruments like dholak, table, sitar, harmonium, mikesand other musical instruments. The Rohini Jail’s inmates were having their own mandlis. This room was also used by the inmates for the preparation of the competitions like “Tihar Idol”.

• FM DJ Room – The songs were aired to the entire jail premises through this room. This was done in order to divert the minds of the inmates from bad ideas. The operator of this room was a prison inmate. Other inmates can request him to play a song of their choice.

• Electrical Unit – Special course for electronics was being given to the inmates in this room. This was also a part of the vocational and recreational activities.

• Canteen – There were 2 types of canteens inside the jail i.e. the dry canteen and the wet canteen. The menu for everyday was fixed. The prisoners had to pay from their smartcard in order to buy stuff from the canteen.

• Daily Need Shop – This shop contains the items of the daily needs of the prisoners like undergarments, creams, ointments, oil, combs, soaps, towel etc. which was run by prisoners only on no-profit basis. The others prisoners had to pay from their smartcard to buy these items.

• Padho Aur Padhao Barrack – This was a classroom equipped with benches, books, computer and a table. The prisoners come here for basic education. The teacher of the inmates is a prisoner only.

• Video Conferencing Room – This room was used to present the prisoner who is either ill or not in the condition to go the court in the front of a judge virtually. The accused can give his statements to the judge by using this facility. However the provision of video-conferencing can be used on the prior order of judge only.

• Closed Circuit Television System - Prison Administration has strengthened its security and surveillance on the activities of prisoners as well as prison staff by installing closed circuit television system in all the prisons. Each jail has a CCTV control room for watching the activities and a state of the art Control Room has been setup in the Prison Headquarters. The activities can be recorded for seven days after which backup are taken.

• Model Interview Hall - Model Interview Halls are being constructed in jails where the prisoners meet their relatives/ friends separated by see through toughened glass and in soundproof environment. Each cubical is earmarked for a prisoner where he/she can converse with his/her relatives/friends through a one to one microphone system. This system facilitates visitors to see and converse with their prisoner in a proper manner.

• Bio-Metric Finger Identification System - The Bio Metric System has been introduced with Prison Management System, which stores photographs and biometric fingerprints of all the inmates. It helps in facilitates the identification of correct prisoners for court production and release.

• Food, Clothing and Bedding - Inmates are provided diet as approved by the Govt. of National Capital Territory of Delhi. Special food is provided on the days of National importance and Festivals. Convicts are provided with clothing as per norms of Delhi Jails. Poor inmates are provided with free clothing as per the seasonal requirement. All inmates are provided with seasonal bedding.

• Living Condition for Prisoners – Rohini Jail comprises of six wards which has different barracks. The inmates living in each barrack varies from 35-60. Each barrack has a television. The barracks and cells are being provided with mosaic tiles.

CASE STUDY -1Personal Information of the offender

Name Tareeq KhanAge of the offender 27 yearsPlace GhaziabadEducation of the offender 4th ClassSections (IPC) 304BOffence Dowry Death

Family Background

Offender’s family lives in Ghaziabad. His father is running a small grocery shop in their area. The offender is having 2 small brothers who are only 14 years and 16 years old. His mother is a house wife,

Offender’s Detail The name of the offender is Tareeq Khan. The offender was 27 years old. The educational background of the offender is very poor. Before he was convicted for the offence, he was working as a barber. The offender was married 4 months ago before the conviction. He was convicted for the offence of killing his wife by burns as his demand for dowry was not fulfilled by his wife’s family.

If we discuss about the views of offender

According to the offender, his wife’s family has put the false allegation of dowry death on him. As per the statement made by the offender, his wife does not used to like him and was not happy from their marriage. So after 3 months of his marriage she set herself to fire. The offender although praised the services being provided to him in the jail but also told some of the problems being faced by him in the jail. His family members haven’t came to meet him since 2 months and he

doesn’t have any money in his smartcard without which survival inside the jail becomes difficult.

CASE STUDY -2Personal Information of the offender

Name Mohd. Ghulam JilaniAge of the offender 42 yearsFather’s Name Abdul KhalidWard Number 5Category High RiskPlace Jammu & KashmirEducation of the offender GraduateSections UAPA,1960Offence SeparatistStatus Undertrial

Family Background

The offender is from Srinagar. His Father’s name is Moh. Abdul Khalid. The offender is a member of Hurriyat Conference, a conglomerate of separatist parties in Jammu & Kashmir. His family is also settled in Kashmir and earning their bread by selling apples.

Offender’s Detail The name of the offender is Moh. Ghulam Jilani. The offender was 42 years old. He was arrested from Srinagar in 2000 and is undertrial since then. He is requesting for plebiscite but it’s been unheard since long. There demand is for free Kashmir: neither India nor Pakistan.

If we discuss the views of offender

According to offender, he was arrested from Srinagar but the officials have shown it as Delhi. He has no faith in criminal justice system

of India as it’s been 4 years that he is in undertrial. He has made his mind for independent Kashmir. He is still supporting the members of Hurriyat.

Personal Analysis

The case of the subject is very sensitive ones. At one side is the question of personal safety and integrity and at others fall the freedom of choice.The issue needs to be handled with full wisdom keeping the Preamble and Basic Structure of Indian Constitution in mind.

CASE STUDY -3Personal Information of the offender

Name Mr. SahilAge of the offender 26 years Place RohiniEducation of the offender B.A. EconomicsSections (IPC) 302Offence Murder

Offender’s Detail

His family lives in Sector-11, Rohini. The offender is a graduate in Economic from Delhi University. He was the sole bread earner of the family and was running a handbag and suitcase store in Pitampura, Delhi. The offender was an undertrial for the offence of murder of his neighbor.

If we discuss about the views of offender

The offender told us about some of the activities of the prisoners. As per the statement made by him, the offender was living in the prison since 4 years and his case is still going on in the court. The offender is running a daily care shop in the ward no.1 of the Rohini Jail on no profit basis. Earlier it was difficult for the offender to survive in the jail but slowly he started adjusting with the conditions of the jail.

PERSONAL OBSERVATION

• Every visitor coming to the Rohini District Jail has to enter his/her name and visit timings, for which a separate register was maintained and looked after by the security staff.

• Security of prison was maintained by CRPF, Delhi Jail Personnel and Tamil Nadu Special Police. The out gates there were looked after by the CRPF. Various instruments used for the security check includes CCTV camera surveillance, mobile jammers, X-Ray scanners, hand-held metal detectors, computerized Prisoner Management System, latest weaponry, Quick Reaction Teams and multi layer security system. We were asked to remove our shoes for security check-up before entering into the prison premises. There was a lady constable for the security check-up of the females. No outsider official or non- official was allowed to carry anything with himself inside the jail premises. We were provided visitor’s card after our security check-up.

• There was a “MULAQAT KAKSH” i.e. meeting room which was made for the prisoners for the purpose of meeting their family members. There was a manual system of booking mulaqats in the jail for its respective inmates. The convicted inmates were allowed to meet their family members twice a week in alphabetical order. The maximum time allotted for mulaqat is 35 minutes/ week.

• The inmates were provided with a SMART CARD, which recently has replaced the coupon system, to avail services inside the jail such as canteen, blanket, soap, shampoo, oil and other toiletries.

• Though the jail is considered to be a model jail but still I observed the lack of proper ventilation as there was no facility for exhaust in the kitchen. There was a separate room for kitchen staff and their routine is different from the others.

• The convicted prisoners have to make a food for rest of the inmates. The kitchen was neat & clean and was equipped with wheat grinding machine and masala grinding machine for preparation of food in

hygienic manner. Special food is provided on the days of national importance and festivals.

• Medical services were available to the prisoners 24*7 in ward No.1. There was a Senior Medical Officer in this ward and an ambulance was also available in case of an emergency. There was a pharmacy shop also in this ward which provides free medicines to the prisoners. Total 6 doctors were available shift wise. There were separate beds for the infectious inmates. In MI room there were 14 beds along with a washroom. There was a separate room for drugs addict counseling.

• The jail is running many humanistic schemes for improving the condition of the prisoners such as “Sparsh Scheme” in which the prisoners whose relatives did not come for the mulaqat for more than a month are provided monetary benefits in their account, which they can use to avail the services provided in the jail. The prisoners can also make use of it to meet the travel expenses when they are releases on parole. This fund is borne by Prisoners Welfare Fund.

• If a prisoner is of good conduct, he is appointed as Sewadar. Most of the work inside the prison is monitored by him. There was a provision for honoring the Sewadar by the title of “SEWADAR OF THE MONTH”.

• The jail provided various reformative and correctional opportunities to the inmates such as vocational training, educational programmes through IGNOU, computer courses, baking school, yoga/meditation/spiritual courses, libraries, HIV prevention and awareness programmes

• The prisoners who were of good conduct and those who helped in educating and reforming other prisoners were awarded separately by the jail authorities. One such prisoner came in my contact who was awarded by Rs. 11,000/- and a shawl.

• Elderly prisoner who were above 55 years of age were not interested in talking to anyone and attending social gatherings.

• Jeans, shoes of thick soles, net sweater etc. were prohibited for the inmates in the jail premises.

• There was a Grievance Redressal Room for the inmates but no competent authority was present there.

• There was a separate room for the inmates in which there was provision of video-conferencing. We were told that only those prisoners who were unable to present themselves before the judge were allowed to use this mechanism but prior permission of the concerned judge is required for that.

• The prisoners were having the newspaper facility also in different language and a separate register was maintained for that.

• Bar prisons with double door security were there for high security prisoners. Ward no.5 of the Rohini District Jail carried such 11 high risk prisoners. The category of the prisoners was serial murderers, militants, separatists, terrorists, insurgents and some political prisoners. Restricted movement was seen in their case.

CRITICAL ANALYSIS

• It seems over-crowding is a big issue for lack of proper attention towards the inmates as the jail can house only 1050 prisoners but it is accommodating more than 2000 prisoners, which is just double the capacity of the jail. On an average there were 40-45 inmates in one barrack. And to my surprise there were 65 prisoners in one of the barrack.

• I was told by the Deputy Superintendent of Jail that the under trial prisoners can wear normal casuals and it is mandatory for the convicted prisoners to wear uniform which was of white colour. But only the Sewadars were wearing white colour uniform.

• Since every barrack have a separate washroom but it is not sufficient for the sanitation of 40-45 prisoners residing in one barrack. It is a root-cause of many diseases also such as tuberculosis, hepatitis and other water-borne and air-borne diseases.

• Though it is a fundamental right to privacy of every Indian citizen flowing from Article 21 of the Indian Constitution which also includes prisoners subject to some restrictions, the privacy to the prisoners is not given in few matters such as availing washroom services. The washrooms were present in the barrack itself and were not properly walled or covered. Moreover there was no exhaust present.

• Welfare officers present there were competent to counsel the prisoners but at the same time he has no time to meet prisoners individually. Lack of counseling is major hindrance in the reformation of the prisoners.

• Although the security inside the jail was tight enough regarding the inmates but when it comes to the security check-up of the visitors it was lenient as during our 3 day visit to Rohini District Jail the security staff skipped the security check up of the girls

SUGGESTIONS

• Over-crowding should be reduced by opening more jails to improve the health conditions and personal hygiene of the inmates.

• Counselor should be appointed at Rohini District Jail which can reduce the aggression of the inmates by providing them counseling individually.

• Compensation should be provided to the needy, poor, destitute and old-age prisoners.

• Active involvement of NGOs, CSOs and other organization working towards the betterment of the prison system in India and prisoners is required.

• The infrastructural setup for religious and spiritual teachings needs to be tightened.

• Criminologists, sociologists and psychologists should be appointed who can work together in understanding the nature of crime and criminals, the behavior of the prisoners and their psychology so that more stress can be laid on their reformation and social reintegration which is the primary purpose the prison system in India.

• Adequate and quality food and sanitation facilities should be provided to the prisoners because they are in prison not for the punishment as a punishment.

• Training of prisoners along with their entertainment should be given due importance.