Problem 1. In Alipore CCH there is a kid who is actually aged 10 years, but the police documents state 18 years. He has been charged u/s 302 IPC along with his mother. The superintendent has already written to the concerned court and inquiry is ongoing with the Medical Board.

Solution: These cases must be taken up at the earliest and pursued till the outcome is attained. Also a letter must be written to the Superintendent of Police, detailing the incident. A provision could be made wherein superintendents could refuse admission of such persons who appear underage.

Problem 2. In Midnapore CCH, there are 2-3 persons who appear under-age, they have been kept in a separate enclosure.

Solution: The Chief Judicial Magistrate should be informed immediately

Problem 3. In Purulia DCH there are a few persons who appear underage. Though a complaint has been made, no action has yet been taken.

Solution: Write to the Child Protection Commissioner and the Chief Justice stating the details of the case.

Example: In Raiganj DCH a child was admitted who appeared to be 13-14 years old. The superintendent complained to District Judge. The matter was taken up with the District Judge. Further an ossification test was conducted which proved his age to be 13 +/-2 years. Thereafter he was sent to a juvenile home.

Problem 4. (i)Shortage of doctors for emergency services in Dum Dum CCH – only 3 doctors for 2000 inmates.
(ii) Presidency CCH has a 100 bed hospital, yet no operation theatre.
(iii) Suri DCH has only 1 medical officer. There is no provision of substitute thus he finds himself overworked and cannot avail any leave.

Solution: The department will look into the matter.

Problem 5.In Presidency CCH, there are a number of Bangladeshi nationals. They are mostly illegal immigrants and thus incarcerated under the Foreigners Act. They are accompanied by children, who are then sent to children’s homes. Unfortunately, even when the parents are released, the children are not and thus they are left behind.

Solution: Assign the responsibility to one Department. Also lobby the government to issue a GO for the release of such children the moment the parent is released from the correctional homes.

Problem 6.In Krishnanagar DCH, there are a number of released Bangladeshi nationals who have no place to go, as they were illegal immigrants to India.

Solution: Coordinate with an agency in Bangladesh who is willing to help.

Problem 7.(i)In Suri DCH there are no DLSA female counsellors.
(ii) In Presidency CCH, the copy of judgments are not being provided by the concerned courts thus appeals cannot be filed in time
(iii) In Dum Dum CCH, the DLSA used to send different people on different days. When a complaint was made, they stopped coming all together. Thus, there is no legal aid lawyer visiting the correctional home at present.

Solution: The Supreme Court in MH Hoskot v State of Maharashtra [(1978) 2 SCC 544] has directed that all courts shall furnish a free transcript of the judgment when sentencing a person to prison term. The court also stated that where a prisoner is disabled from engaging a lawyer, the court shall, assign a competent counsel for the prisoners’ defence. In Hussainara Khatoon & ors v Home Secy, Bihar (AIR 1979 SC 1369) the court further directed that the state government shall procide under-trial prisoners a lawyer at its own cost for the purpose of making an application for bail. The Legal Services Authorities Act 1987 also mandates all legal services authorities to render free legal aid to those who are in custody (section 12(g)).

Problem 8. No provision of work & payment of wages to under-trial prisoners.

Solution: Advised to plan ahead, and create avenues of work which can be paid from fund for petty offences.

Problem 9. Lack of women superintendents. There are two women correctional homes; however they have only 1 female superintendent.

Solution: The practice in Rajasthan can be adopted. Rajasthan has enforced women reservation for the post, which ensures that there are women superintendent available.

Problem 10. In Bakhura, Siliguri, courts have been vacant for months, complaintshave been made, to no avail. The posts are still vacant, thus trials are not being conducted.

Solution: The Department will take up the issue with the Judiciary and Government.

Problem 11. Loan facilities to tribal prisoners is not available. No one volunteers to stand guarantee.

Solution: The Department agreed to take up the issue.

Problem 12. There is a lack of NGOs who promote rehabilitation of prisoners’ families. There is much support required for education of children of prisoners and upkeep of their wives and other dependants.

Solution: The Department is aware of the situation, and is constantly trying to get in touch with such NGOs.8

Problem 13. Lack of training for human rights for warders and lower level prison staff

Solution: The Government is providing 6 months basic training in human rights to all staff

Problem 14. Bakura DCH has no welfare officer. A female officer would be preferred as they are more sensitive towards prisoners.

Solution: The Department is considering the request.

Problem 15. In Purulia DCH, NGOs are not keen to work as it is a distant district. Thus, no opportunity for vocational trainings & rehabilitation are available to inmates.

Solution: No concrete solution was chalked out.

Problem 16. In Alipore CCH, there is lack of manpower. Also with NGO support short duration courses should be facilitated for under-trial prisoners as well.

Solution:No concrete solution was chalked out.

Problem 17. Ineffective/non-existent system of premature release. The process needs to be streamlined to make it effective.

Solution:The department is trying to restart the procedure. The process is on-going.