Ensuring reformation, rehabilitation and reintegration of prisoners and protecting their rights are the significant objectives of prison administration. But the recent incident in Vellore Central Prison, where a life convict has been illegally utilised for domestic work in the residence of the DIG-Prisons and assaulted for alleged theft of Rs 4.5 lakh is a matter of grave concern.
The issue came into the light when the Madras High Court directed the chief judicial magistrate to inquire about the incident following a writ petition filed by the life convict’s mother. This incident displays a clear violation of prisoners’ rights and prison regulations. This abuse of power not only undermines the dignity of inmates but also reflects a severe lapse in oversight within the correctional institutions.
Existing monitoring mechanism
Each prison has a board of visitors, including both official and non-official members, who periodically visit prisons to ensure prisoners are treated according to rules and their security is maintained. Though having non-official members in the board of visitors provides an avenue for public participation, the effectiveness and impact of these visits in protecting prisoners’ rights raise serious questions, especially in light of recent incidents at Vellore Central Prison.
What is happening to the prisoners throughout India?
The National Crime Records Bureau data from 2017 to 2022 reveal a concerning trend in crimes committed by prison staff against prisoners. It brings to light 36 incidents involving 127 prison staff. Departmental action against erring staff shows that 13 have been awarded major punishments, while 30 received minor ones. Criminal cases were filed against only 44 prison staff, and none of them have been convicted.
The situation demands a re-evaluation of how complaints are handled, how investigations are conducted, and how perpetrators prosecuted, ensuring that the criminal justice system effectively deters and addresses misconduct by prison staff.
What does the regulatory and legal framework say?
The Model Prison Manual 2016 and the Model Prisons Act 2023 both prohibit forced labour of prisoners, especially personal tasks for prison staff. It emphasises that all labour must align with rehabilitation goals and legal standards.
Various reports from the National Human Rights Commission (NHRC) have highlighted persistent issues with the treatment of prisoners, including illegal labour practices, and have called for rigorous enforcement of standards and regular inspections to safeguard prisoners’ rights.
Implications and reforms
The allegations against the Vellore Central Prison officials highlight a significant failure in maintaining accountability and ensuring the humane treatment of prisoners. The involvement of senior officials underscores the need for systemic reforms within the prison system. To address these issues, it is crucial to enforce stringent disciplinary measures, enhance oversight mechanisms, and uphold legal and ethical standards rigorously. Also, it is important to convey to the larger public that prisoners too have human rights that need to be upheld.
Finally, every prison staff member should keep in mind the words of Oscar Wilde: “Every saint has a past, and every sinner has a future.”
Fact check
The National Crime Records Bureau data from 2017 to 2022 reveal a concerning trend. It brings to light 36 incidents involving 127 prison staff. Departmental action against erring staff shows that 13 have been awarded major punishments, while 30 received minor ones.
[Footnote is a weekly column that discusses issues relating to TN]
(The writer is UGC- Senior Research Fellow, Department of Defence and Strategic Studies, University of Madras)
