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Official Website of West Bengal Correctional Services, India - Our Partner

First State Level Dialogue with The NGO/Social Organizations

Date : 31.07.2006, Venue : Academy of Fine Arts, Kolkata

Registration:
Introduction:

The Dialogue started at 10.30 A.M. Shri B. D. Sharma, IPS, Inspector General of Correctional Services, West Bengal, while delivering welcome address extended a warm welcome to the delegates at the first ever Dialogue with NGOs and social organizations at the state level. He informed the delegates that the purpose of interaction was to seek their views for Draft National Policy on Prison Reforms and Correctional Administration as also to explore the possibility of mutual cooperation in various prison activities.

Shri B. D. Sharma, IGCS, West Bengal enumerated various areas of concern in which NGOs could play an important role. Some of such areas include vocational training of inmates in Correctional Homes, rehabilitation of prisoners after their release, legal aid to prisoners, treatment and care of mentally challenged and mentally ill inmates particularly mentally ill women, uniformity regarding premature release of life convicts and repatriation of foreigners particularly women and children from Bangladesh. He further suggested enhanced cooperation between correctional authorities and social and non-government organizations in the field of Open Prison activities.

10.40 - 10.50: Shri N. C. Joshi, IPS(Retd.), Member, Committee for drafting Policy Paper on Prisons Reforms & Correctional Administration dwelt upon the history of Jail reforms and emphasized the need for evolving a National policy for correctional services so that the agreed measures can be taken in all states. He further stressed the need for improving the physical conditions of prisons, quality of drinking water and sanitation facilities, among other things. The convicts in the correctional homes as per the new philosophy made productive ember of the society. He expressed concern about the plight of Under Trial Prisoners who are the worst sufferers. He reminded that almost 70% of the prison population in our country is composed of under trials.

10.50 - 10.55: Shri Pranab Kr. Chanda, Jt. Secretary, Social Welfare Department, West Bengal appreciated the changes that have taken place in recent times although more changes are needed regarding accommodation, food served and particularly Open Prisons. He called upon the NGOs to come forward and contribute in these activities.

10.55 - 11.05 : Shri S. Ramakrishnan, IPS, Addl. DG of Police, CID, West Bengal stressed the following -

  • The West Bengal Correctional Services Act enacted in West Bengal is a very progressive Act.
  • Management of prisons should be in the hands of professionals recruited through a cadre of well trained officers.
  • Proper handling of complaints is important.
  • Proper training of the correctional officers as well as guarding staff is extremely important. They are various problems in dealing with the criminal justice administration. The arrangements of training for the officers of correctional homes are inadequate. The Superintendents are expected to do lot of things but he is not given appropriate training. In this regard.

11.05 - 11.15 : Shri Raj Kamal Johri, IPS, Addl. DG of Police (Training), West Bengal stressed the need for proper training of the correctional staff. He further emphasized the need for respecting the fundamental and human rights of prisoners citing various Supreme Court rulings.

11.30 - 11.35 : Shri T. K. Burman, IAS, Principal Secretary, Deptt of Jails, Government of West Bengal reminded that this is in a transitional period as we are changing from Jails to Correctional homes. The West Bengal Correctional Services Act is undoubtedly a progressive law but no rules have been formulated so far under this Act which seems to be an obstacle. Orientation and reorientation training for the personnel of correctional services are in progress as their suitable training is of utmost importance. Upgradation of skills and capabilities is a precondition to making the Act into a reality.

Inaugural Session:

Inaugural Address by Shri Biswanath Chowdhury, Hon’ble Minister-in-Charge, Deptts. of Jails, Women & Child Development & Social Welfare, Government of West Bengal.

"Today is an important day for our State in that the West Bengal Prisons Directorate is organizing for the first time a State-level Dialogue with the Non-Governmental Organizations and Social Organizations to seek their views for prison reforms and Correctional Administration and to explore the possibility of further enhancing participation of NGOs and Social Organizations in various activities inside the prisons. West Bengal has long tradition of such social work by various organizations in the prisons. I extend my felicitations to Government of India, Department of Jails, West Bengal and the Prisons Directorate, West Bengal for this noble idea. I only hope that all of you will avail this opportunity to give your views for the collective good of the society.

The old outlook about prisons and prisoners was based upon two major concepts -

  • Isolation of the offenders from the society
  • Creating in the offender's mind a constant horror of punishment with a view to keeping him off from the path of crime. Such ideas of retributive justice have been discarded now in all civilized States. Modem Penologists suggest humane behavior, avoidance of harshness, corrective measures and rehabilitation process to bring the offenders back in the mainstream of society and to reduce crime. With such view in mind, Government of West Bengal constituted "The West Bengal Jail Code Revision Committee" in 1978 after Left Front came to power and the new law - West Bengal Correctional Services Act, 1992 is based on the recommendations of the said Committee. Thus, we have been able to replace the British time laws for administration of Prisons by this new Act - West Bengal Correctional Services Act, 1992 which has already come into force with effect from 14th April,2000. However, just replacement of the law is not sufficient. What is required is change of mindset, change of attitude and approach as also change of training syllabus for all ranks in the Department to suit the change in the role from custodial to correctional. Apart from this, the staff has to respect the human and legal rights of the inmates while ensuring their safe and secure custody. The change of training syllabus and methodology is, therefore, of utmost importance. Whereas earlier our staff used to be trained in the Police Training College, we now have a Training Institute of our own at Medinipur which has to be developed as a premier training institution for correctional staff.

Our Correctional Homes have to be modernized in keeping with the changing times. We are taking steps in that direction in collaboration with Government of India. The Govt. of India has undertaken a five-year programme from 2002-03 to 2006-07 for modernization of prisons throughout the country with the matching contribution of State Governments. The programme has been extremely helpful in modernizing prisons of our State. The programme needs to be extended by another 5 years for the purpose.

The reformation, correction and rehabilitation of the offenders are a huge task which cannot be accomplished by the Govt. machinery alone. The NGOs and Social Organizations in our State have been taking an important part in correctional activities for quite some time. We however, feel that their participation should increase in the field of rehabilitation and reintegration of the prison inmates after serving the sentence and for the welfare of the stigmatized family members back home in general and education of the prisoners' children in particular. We believe that the children are the future citizens of our country and they do deserve to be brought up in an atmosphere of love, affection and good social environment.

The children should also get proper facilities of education, recreation, care, and nourishment. Therefore, Govt. of West Bengal is trying to fulfill such basic needs of the children as far as possible even when they are inside the Correctional Homes with their parents. The NGOs can play a very vital role in taking care of the children when they are inside the Correctional Homes as also when they return to the society after their release. Thus, the children of both the victims of offences as well as offenders need to be equally looked after by the Society and NGOs can play a very important role in this task. The Inspector General of Correctional Services, West Bengal has been working on a programme for education of prisoners' children back home in collaboration with National Legal Services Authority. The programme, I am told, is going to be launched very soon for assistance to such children directly. The programme should also help in reformation of the offenders when they will see the education of their children being looked after by the collective effort of Governmental and Non-governmental agencies of the community".

Tea Break for 15 minutes

Session-II

Shri Tushar Kanjilal, an eminent social worker recalled his three experiences of being imprisoned. He stressed that desirable changes could not be brought about just through seminars and that desired goals of most programmes could not be achieved due to lack of coordination among the functionaries at different levels and departments. He was of the opinion that there was a lot of corruption in Jails particularly regarding visiting inmates. Jails however, are not the place of only punishment or breeding ground of corruption. He quoted from Lenin that ‘Police are our boys and girls and the criminals are also our boys and girls’. He suggested that changes should be strived at the micro level first and then only macro level changes could be brought about.

12.45 : Dr. B. V. Trivedi, BPR&D, Assistant Director, BPR&D informed the house that BPR&D is the nodal agency for the correctional services in the country. He gave a power point presentation to highlight the following –

  • Alternatives to imprisonment,
  • Proper training of prison personnel,
  • Modernization of prisons in the country under the five year plan
  • Proper training of the correctional officers as well as guarding staff is extremely important. They are various problems in dealing with the criminal justice administration. The arrangements of training for the officers of correctional homes are inadequate. The Superintendents are expected to do lot of things but he is not given appropriate training. In this regard.
  • Justice AN Mulla Committee report with 658 recommendations is very important to have a national policy on prisons;
  • Krishna Iyer Committee’s (National Committee on Women Prisoners) report.
  • The need for sensitization of prison personnel on Human Rights

Views from NGOs & Social organizations:

Ms. Krishna Dutta of Vivek Chetna was of the view that prisons serve as places of professional training for some offenders visiting them. She also lamented the discriminatory and unfair attitude towards women. She reminded that whereas when a wife goes to jail the husband in most cases gets remarried but on the contrary the wife can’t think of when the husband goes to Jail.

Shri Divyanand Maharaj of Ramakrishna Mission informed the house that Ramakrishna Mission has been working in a number of Correctional Homes of West Bengal. The Mission has been organizing cultural activities, sports, including indoor and outdoor games, meditation, yoga and value education classes apart from it making contribution of books to libraries. He wondered about prevalence of all three concepts of 'Jail', 'Prison' and 'Correctional Home' in the state of West Bengal as the three concepts are separate and have different connotations. He suggested that the practice of debarring individuals from joining Government service once arrested by Police needs to be reviewed as it comes in the way of correction and rehabilitation of convicts. He further recommended that the officers of Correctional Services should not get transferred frequently in the interest of continuity of correctional measures. Shri Divyanand Maharaj further suggested that regular motivational and orientation programmes should be allowed to be organized by the Ramakrishna Mission & Churches for the benefit of both the inmates and the personnel of correctional services.

Dr. A. K. Nag of Vivekananda International Health Center alleged that the problems of Prison inmates having HIV/AIDs remain largely unaddressed. He felt that the number of HIV+ cases in jails is increasing. He further mentioned that Hon’ble Supreme Court has given a mandate to treat the HIV+ inmates as the Government’s responsibility. He therefore, suggested that the Jail authorities have to frame a universal policy on this.

Session – III

Dr. Upneet Lalli, Dy. Director, Institute of Correctional Administration, Chandigarh underscored the contribution of NGOs in reforming the prisoners. The new concept aims to convert the prisons into correctional homes. She further stressed on -

  • Training of the prison officers
  • Motivational action for the prisoners

Smt. Mamta Singh, IPS, Sr. Superintendent of Police, National Human Rights Commission dwelt upon the role of National Human Rights Commission and stressed that the NHRC is actually supposed to know as to what all is happening inside the four walls of Prisons. She reiterated that custodial deaths are a matter of concern and so is the

plight of mentally ill prisoners languishing inside prisons. She reminded the participants that it was the duty of correctional services staff to arrange for medical treatment of ailing staff. In response to a query by a participant whether medical report from a private doctor is accepted by the NHRC, she clarified that all reports are admissible but the government doctor’s report is generally accepted everywhere.

Views from NGOs & Social organizations:

The participant representatives of NGOs and Social organizations shared some of their experiences in regard to reformation of prisoners and particularly in the fields of vocational training, counseling, Yoga & meditation, education, recreation, rehabilitation etc and made some important recommendations. The views expressed by the representatives of NGOs are presented herein below:-

  • While planning the rehabilitation of the released inmates, we need to consider the family background of the person as to which family he/she belongs and the vocational training should be given accordingly. Thus the skill has to be developed according to his interest and background.
  • As a result of punishment to any offender, his / her innocent family members are the worst sufferers. The persons, once in jail, the jail personnel and the family members together may have some suggestions which may be entertained to act upon as far a possible.
  • A prisoner is a part of the society. Mass awareness is needed to be generated in this regard.
  • Meditation and yoga can control and change emotions and help the prisoners become good human beings and also keep them calm and happy.
  • Psychological treatment and proper education can also tremendously help a person’s reformation.

Recommendations arising out of the Session

The following suggestions were given by the different NGOs and Social organizations in Session- III to improve conditions of Prisons for inclusion in the national policy -

  • Incorporation of the principles of management of prisons and treatment of offenders in the Directive Principle of the State Policy embodied in Part IV of the Constitution of India.
  • Inclusion of the subject of Prisons and allied institutions in the Concurrent List of the Seventh Schedule to the Constitution of India.
  • Enactment of uniform and comprehensive legislation embodying modern principles and procedures regarding reformation and rehabilitation of offenders.
  • The State should endeavour to evolve proper mechanism to ensure that no under- trial prisoner is unnecessarily detained. This can be ensured by speeding up trials, simplification of bail procedures and periodic review of cases of under trial prisoners. Under trial prisoners should, as far as possible, be confined in separate institutions.
  • Since imprisonment is not always the best way to meet the objectives of punishment, so the Government should endeavour to provide under law, alternatives to imprisonment such as community service, forfeiture of property, payment of compensation to victims, public censure, etc. This apart, the Probation of Offenders Act, 1958 is needed to be effectively implemented throughout the country.
  • In consonance with goals and objectives of prisons, the State should take steps for classification of prisoners on a scientific segregation of different categories of inmates for proper treatment.
  • A system of graded custody ranging from special security institutions to open prisons be provided to offer proper opportunities for the reformation of offenders.
  • Programmes for the treatment of offenders should be individualized and should aim at providing them with opportunities for diversified education, development of work habits and skills, change in attitude, modification of behavior and implantation of social and moral values.
  • The State should endeavor to develop vocational training and work programmes in prisons for all inmates eligible to work. The aim of such training and work programmes should be to equip inmates with better skills and work habits for their rehabilitation.
  • Payment of equitable and fair wages and other incentives should be made for work programmes to encourage inmate participation in such programmes. The incentives of leave, remission and premature release to convicts should also be utilized for improvement of their behavior, strengthening their family ties and early return to society.
  • The State should provide free legal aid to all needy prisoners.
  • Young offenders (between 18 to 21 years) should not be confined in prisons meant for adult offenders. There should be separate institutions for them where, they should be given treatment and training suited to their special needs for rehabilitation.
  • Persons courting arrest during non-violent socio-political economic agitations for declared public cause should not be confined in prisons along with other prisoners. Separate prison camps with proper and adequate facilities should be provided for such non-violent agitators.
  • Most of the persons sentenced to life imprisonment at present have to undergo at least 14 years of actual imprisonment. It has now been held to be imprisonment till life by the Supreme Court of India. Prolonged incarceration has a degenerating effect on such persons and is not necessary either from the point of view of individual's reformation or from that of the projection of society. The term of sentence for life in such cases should be made flexible in terms of actual confinement so that such persons may not have necessarily to spend 14 years or balance of life period in prison and may be released when their incarceration is no longer necessary.
  • The State should endeavor to secure and encourage voluntary participation of the community in prison programmes and in non-institutional treatment of offenders on an extensive and systematic basis. Such participation is necessary in view of the objective of ultimate rehabilitation of the offenders in the community. The government should open avenues for such participation and should extend financial and other assistance to voluntary organizations and individuals willing to extend help to prisoners and ex-prisoners.
  • Prisons are hitherto a closed world. It is necessary to open them to some kind of positive and constructive public discernment. Selected eminent public-men should be authorized to visit prisons and give independent report on them to appropriate authorities.
  • Probation, aftercare, rehabilitation and follow-up of offenders under probation should form an integral part of the functions of the Department of Prisons and Correctional Services.
  • The development of prisons should be planned in a systematic manner keeping in view the objectives and goals to be achieved. The progress of the implementation of such plans should be continuously monitored and periodically evaluated.
  • The Government at the Centre and in the States/Union Territories should endeavor to provide adequate resources for the development of prisons and other allied services.
  • In view of the importance of uniform development of prisons in the country the Government of India has to play an effective role in this field. For this purpose the Central Government should set up a high status National Commission on Prisons on a permanent basis. This should be a specialized body. to advise the Government of India, the State Governments and the Union Territory Administrations on all matters relating to prisons and allied services. Adequate funds should be placed at the disposal of this Commission for enabling it to play an effective role in the development of prisons and other welfare programmes. The Commission should prepare an annual national report on the administration of prisons and allied services, which can be placed before the Parliament for discussions.
  • As prisons form part of the criminal justice system and the functioning of other branches of the system viz the police, the prosecution and the judiciary have a bearing un the working of prisons, it is necessary to effect proper coordination among these branches. The government should ensure such coordination at various levels.
  • The State should promote research in the correctional field with a view to getting objective inputs to make prison programmes more effective. It is all the more necessary as our prisons are basically closed organizations.
  • Proper Training is needed for the personnel of correctional homes
  • Rapid and frequent transfer of the personnel engaged in the correctional services need to be reviewed and fixed tenure for Correctional staff should be introduced
  • Adequate accommodation, food, sanitation, water supply & medical care of the inmates should be provided
  • Jail inmates have talent in various fields like music, sports and games which are required to be developed and utilized in the prisons.
  • The policy that once a person is arrested/convicted, he can not be allowed to join any government service has to be reviewed.
  • Community service should be tried as punishment in cases of non criminal offences.
  • Educational and developmental opportunities should be provided to the children of convicted persons and the children in the prisons
  • 31. Rehabilitation of the convicts is of utmost importance after their release; Mr. B. D. Sharma, IG of Correctional Services, West Bengal conveyed his heartiest and sincere thanks to all the dignitaries and the participants on behalf of his Directorate for making the dialogue a grand success.

 

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