Women Prisoners - A little change in perspective
This Article is written by Gargi Malhotra a student of LLB (hons), 3rd year student of Uttaranchal University, Law College Dehradun.
Introduction
“An eye for an eye will make the whole world blind”. This quote by Mahatma Gandhi symbolizes how the world would be if only there was revenge and the same actions as done by the wrongdoer. It will lead to the loss of humanity and there will be no hope for making the world a peaceful place to live in. The concept of prison is not a new thing, and many reforms have been made in furtherance of prison upliftment. Prison provides a setting that gives prisoners time for introspection, and improvisation which leads them to live a dignified life when they finally go out of the prison.
A prison is simply a building where criminals are kept as a form of punishment. Crimes are committed both by men-women but there is poor condition of women in comparison, with the number being more of men than women. As defined by various philosophers/thinkers’ crime is related to poverty, psychology, family background, social change, industrialization, etc. Thinkers like Lombroso and Ferrero were the first ones to bring the biological aspect to criminality. As females are considered to be soft, humble, polite, and kind these thinkers stated that women criminals have the criminal qualities of men and the worst qualities of women.
Most women criminals are engaged in crimes that require less strength-based crimes. It can also be said that women criminals have the cleverness of a cat as they are mostly involved in crimes that might include less physical strength and cleverness of the brain such as murder by poisoning someone, abortion, and kidnapping because of their cunning behaviour. Indian women can be said to be involved in crimes because of poverty, lack of fulfilment of needs relating to food, clothing, shelter, and the need to raise their children.
Challenges and Problems faced:
There are many issues faced by women prisoners like inadequate infrastructure, three sanitary pads per woman which are not sufficient, overcrowded, living conditions not being proper, hygiene issues, etc. As per 2021 data out of 1,350 prisons, just 31 are reserved for women and only 15 states and union territories have separate women’s jails. There is a dire need to improve the conditions for women in jail. Many people argue that criminals should be treated the same way as they are being treated and no facilities should be provided to them as they deserve it. Among various notions, it cannot be overlooked that there are a few criminals who have not committed any grave offense and are suffering the same consequences in jail.
There are also a few women who have been falsely accused and proven guilty but who are illiterate, poor, and under compulsion by some gangs are suffering. Even after considering the point criminals should be treated the same the case State of Andhra Pradesh v. Challa Ramkrishna Reddy cannot be ignored in which the ratio was said that even if the person is a prisoner he does not lose the status as a human being.
There have been cases reported where women prisoners are forced to remove their clothing, be entirely naked to show that they are menstruating, beat women prisoners, discriminate between men and women in providing food, and the reasoning being given that men eat more than women. There is also discrimination between what is taught to men and what to women. Men on the one hand are taught the qualities and development of a leader, and how to deliver speeches, and on the other hand, women are taught to sew, knit, rangoli, etc.; which are typically womanly things. These might have been suitable in the early times but after such evolution and modernization things need to change, instead, education should be made accessible to them so that they live a quality life after they go out of jail. They don’t engage themselves in acts of theft or some other offense to live a sustainable life.
Women are sometimes forced to share cells with men due to a lack of infrastructure, overcrowding, and no proper space which causes insecurity as men have more strength, might have anger issues, might be psychopaths, and have furious mental health which may lead to causing harm to women prisoners. Women face more issues in getting bail than men because they are mostly unemployed, poor, and don’t have any means to submit to bail security. Lack of proper funds is another lacuna in prisons. Inadequate medical facilities and low budgets lead to serious consequences faced by women. If they are pregnant, they face issues getting the proper care required for the mother as well as for the child as the budget remains low. With male prisoners being more in number, their needs are prioritized and provided better resources than women and inequality remains at the top.
Rights of Women Prisoners:
There are no specific provisions that talk about the Rights of women prisoners and guarantee protection to women prisoners although their essence exists in Article 14 and Article 15 which state equality before the law and no discrimination on the grounds of sex respectively. The Indian judiciary has always been ahead in acknowledging the problems and providing safety measures but implementing them has been quite a task. Right to free legal aid, Right to speedy trial, Right against cruel and unusual punishment, Right against custodial violence and death in police lockups. Part 4 of our constitution provides directions to the state for economic and social rights to the people. Despite such provisions, there is a huge problem of implementing the same. The problem behind implementation exists because these are DPSPs which are not binding but obligatory.
The Prisoners’ Act of 1894 marked the first legal framework for regulating prisons in India. It outlines provisions aimed at ensuring the welfare and protection of prisoners, including both convicts of undertrials. Few provisions of this Act are dedicated to the rights of women prisoners which states that men and women will be kept in different buildings or different parts of the same building but this provision is not appropriate as there is a loophole present in it. Even though the provision states separate buildings due to the excuse of overcrowding, they are kept in the same building and no improvement is made in infrastructure.
Civil prisoners or non-convicted criminal prisoners are allowed to get facilities of bedding, clothing, food, and other necessities from private sources and if they are unable to get themselves, the Superintendent has to supply clothes and bedding facilities but still as they are not aware of their rights, they don’t demand such basic rights and even if they did, are not provided the same. In the case of Upendra Baxi v. State of Uttar Pradesh, the Supreme Court issued directions to guarantee not to live in inhumane and degrading conditions. It upheld the right to live with dignity as in Article 21 of the constitution.
Despite the rights of accommodation, sanitary conditions for prisoners, shelter, safe custody of an excess number of prisoners who cannot be kept in the prison, examination of prisoners by qualified Medical Officer, etc. Due to unawareness of their rights, they do not question the wrong happening to them, and despite various recommendations by the Supreme Court, the condition stands still.
Conclusion:
Despite various provisions in the statute, in our constitution, and various national and international provisions; the condition of women in prisons is not proper. It is not good to say that they deserve it because they are criminals, prison is not only for punishment, and repentance but also serves as a rehabilitation centre. If the thought of punishment were as cruel as the mindset of a few prisoners the world would never become a happy place to live in. Recognizing the mindset of women committing crimes would not only improve the way they are being treated but also help us understand the needs and the conditions of our evolving society.
As women prisoners, being the neglected section of society, one could never understand the dreadful conditions they go through. By educating, and making them see what a crimeless world looks like, crimes can stop. By motivating them towards other good sources of employment they can be saved. Empowering women prisoners with education, humane treatment, and opportunities for rehabilitation can transform not only their lives but also contribute to a more just and compassionate society.