Monday, August 25, 2014

PUCL's prison report: Sour stories

Times of India: Patna: Monday, 25 August 2014.
A fortnight ago, an undertrial prisoner from Samastipur jail was brought to Patna Medical College Hospital in a comatose condition, apparently the result of severe beating. The jail authorities said the prisoner was "beaten up by police officials" when he was trying to escape, while the IG (prison) held that he was assaulted for theft by people before his arrest.
The prisoner, 35-year-old Amarjeet Rai, was arrested by the GRP on the charge of stealing railway scrap and was taken to Samastipur jail after being produced in court, jail superintendent Manoj Kumar had told the media. He said the policemen who escorted Rai to the jail beat him up when he tried to escape.
About 10 days ago, police foiled an attempt by prisoners to take control of the divisional jail in Sitamarhi. They fired about 50 rounds to bring the situation under control even as the prisoners pelted stones and broke the windowpanes of SP Nawal Kishore Singh's vehicle. Sashastra Seema Bal and CRPF personnel were rushed to assist the district police. The SP said two jawans were injured in brickbatting and at least four prisoners were injured in the firing. The riot was triggered off by prisoners who were resisting the move to shift hardcore Maoists, Santosh Jha and Samrat Choudhary, from the prison to Buxar and Gaya, respectively.
Bihar has 56 jails at present that includes eight central jails, 31 district jails and 17 sub-jails. These jails have a capacity to house 33,119 prisoners, and even though one comes across the occasional positive human interest story in these prisons, there are several indications that all is not well.
A PUCL report on Prisons in Bihar, published by the Bihar state unit, attempts to provide a picture of the state of Bihar's prisons from a human rights and civil liberty perspective. One plods through the 60-page publication by Jitendra Choubey and Manish Kumar, which attempts to tackle several issues but doesn't get around to much, partly because of the pontification. "The fact that the prisoners, convicted or otherwise, are citizens of India entitled to fundamental rights did not make any difference to the rulers of the Indian republic who stepped into the shoes of the colonial rulers and continue to treat the prisoners with contempt as their foreign predecessors," write Choubey and Kumar.
It's a sour, dour vinegary book that makes some telling points: Bihar prisons are the worst nightmares. The inspectors general of prisons (IGPs) avoid conducting inspections. The IGPs conducted only seven inspections during 2005-2010 in a sample of 15 prisons, when there should have been 101, had the rules been followed. The jails lack adequate toilets, drinking water facilities and sanitation.
Overcrowding varied from 100% to 600%. "Not only are the prisoners denied proper food to which they are entitled, they are denied even sleep at night due to lack of space in their wards. In the overcrowded jails, only those who enjoy the patronage of the ?dabang' of his ward has the privilege of lying down and sleeping. The others have to manage somehow or the other: sitting and dozing," say the authors.
Medical facilities are dismal, with only 28 serving doctors for 107 posts, 7 compounders against 101 posts, and 12 ?dressers' against 101 posts. Some 518 prisoners died in different jails of the state between 2005-2010. The report dwells on the outdated prison manual, but ignores an important fact: The Bihar government on December 11, 2012 approved a new jail manual, replacing the existing 88-year-old prison guidelines formulated in 1924.
Perhaps they relied too much on archives, and gathering information via the RTI route, even as prison reforms, no matter how limited, were unfolding around them!