But They All Come Back.. Rethinking the Incarceration System in India | Vineet Hingorani

BUT THEY ALL COME BACK..

Rethinking the Incarceration System in India

BY

VINEET HINGORANI FIFTH YEAR B. ARCH

L. S. RAHEJA SCHOOL OF ARCHITECTURE AFFILIATED TO UNIVERSITY OF MUMBAI

2016-2017

But They All Come Back – Rethinking the Incarceration System in India

ii

ACKNOWLEDGEMENTS As I present this dissertation, I would like to express my gratitude to everyone who helped me with formulation and creation of this project without whom this project would not have been possible.

I am grateful to Ar. Arvind Khanolkar (Principal) for providing me with all the necessary facilities for the completion of this dissertation. I thank Ar. Arun Fizardo, Ar. Mildred Jose and Ar. Rohan Patil for the constant support. I want to express my deepest gratitude to Ar. Anuj Gudekar for guiding me through this project and always showing confidence in me. I will always admire his knowledge, vision, analysis, scrutiny and urge to explore something new and hope I can imbibe these qualities within myself with time.

I can never thank my family enough for the immense confidence and trust they have constantly shown towards me. I want to take this opportunity to express my deepest gratitude to my parents, Sanjay and Anurati Hingorani, my grandfather Shewakram Higorani and my grandmother Pravina Oza for being my support system and guiding me through every difficulty.

I thank Chinmay Shah, Rishul Bangar, Karan Shah, Zainab Vimanwala, Aditi Bhoot, Minatti Jiwani and Jainika Shah for all the good times and the much needed breaks! I thank Kasturi Wagh for being an immeasurable support system and help towards the completion of this book. I thank them all for the thought provoking discussions and helping me meet the deadlines!

I thank the authorities and staff at the Open Air Jail, Bilaspur, the Yerwada Central Jail, the Yerwada Open Jail for their support and guidance in my project.

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PREFACE “I think the human mind is fascinating. I love figuring out why people do what they do.” Danielle Fishel

This thought is a perfect reflection of the way I feel and comprehend the intricacies of the human mind.

From time immemorial, man has been constantly working and improvising on his mental faculties, through school, college and university education.

We have been duly rewarded with unique inventions and discoveries which have brought much needed progress and prosperity to human kind. Till today I marvel the invention of self-flying drones. Such is the nature of the human mind – from the zenith of creating a flying machine to the nadir of creating havoc and destruction.

I’ve always wondered how a criminal mind works Was he born a criminal? Was the crime a result of unforeseen and unfortunate circumstances? Was he just in the wrong place at the wrong time? This curiosity and inquisitiveness of what goes on within a criminal mind or the reason for a deviation from the defined societal ‘right’ , prompted me to come across books like ‘The Prisoner of Birth’ and ‘The Prison Diary’ series by Jeffrey Archer, ‘Shantaram’

by Gregory David Roberts and television shows namely ‘Banged Up Abroad’ and ‘Locked Up’.

These books and television series made me understand that there is no definite right or wrong But They All Come Back – Rethinking the Incarceration System in India

iv

and only truth must prevail. And the truth about the unfortunate criminal mind is that it can always be rehabilitated,

reformed

and

re-directed

to

channelize positive energies to benefit the society, if the period of punishment and confinement is managed well. No rehabilitation or reformation can ever happen without a positive space around an individual.

Prisons and Jails have always been ignored and they seldom appear on the agenda of the State and the Centre. Prisoners are regarded as a burden to the society. Although the society deems it appropriate to lock up every criminal behind the bars, the rational part of me questions whether this will ultimately be of any good for the society as a whole in the long run. Is crime going to reduce just by locking people away for years?

People who take part in criminal acts, a greater part if not all – can actually be rehabilitated and reformed. Prisons need to foster this belief of rehabilitation and reformation and create an environment for the prisoners that will aid, in them understanding their actions and birthing a desire to live in a society as a law abiding individual. A chance for them to improve and become a contributing member of society, to return back as a responsible father, a doting brother and a loving husband. I intend to bring this change in the approach towards the prisoners to lead a normal life post completion of sentence. I want these souls to pick up the threads of life once again and let the story end “happily ever after”.

But They All Come Back – Rethinking the Incarceration System in India

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ABSTRACT “Prisons are the temples where devils learn to prey.

Every time we turn the key, we twist the knife of fate, because every time we cage a man we close him in with hate.” – Gregory David Roberts, Shantaram

Prisons have long been recognized as horror houses for punishing troublemakers throughout history.

The walls of a prison curtails and confines the ‘outlaws’ while also acting as a barrier between the good and the evil.

Crime, criminal, jails and prisons - terms like these easily fall into the category of ‘social taboo’ in India. A much stigmatized thought process comes into play within the mind-set of the society on coming across such terms. This mind-set, when fuelled by raw imagery of ‘dark elements’ like long rows of cells, bars, filthy conditions, grim faces, violence and other sinister activities, births the sentiments of disgust and aversion against prisons.

A probable reason for this might mainly be that the nature and kind of a vast majority of humans the institution produces post-detention period is no different from the pre-detention period.

The minimum criterion of a prison should be that an inmate emerges no worse than when he entered.

Instead, there is much data to prove that prisons serve as breeding grounds for further criminal activity. A vicious cycle has developed overtime wherein an inmate keeps returning back numerous But They All Come Back – Rethinking the Incarceration System in India

vi

times to the prison upon release either for the same crime or another leading to an increase in recidivism rates in the country.

The present day scenario makes it difficult to comprehend a prison as a reformative and rehabilitative system rather than a punitive one. In an ideal world, a prison must be an institution that breaks this cycle, takes in the negatives and gives back positives to the society. A disciplined system that should not only be about punishment and confinement, but one that must also contribute to the re-formation and re-entry of the prisoner into society. Unfortunately, this is not an ideal world.

Present day prison architecture is the epitome of crude architecture, one that is grotesque and that is specifically designed to torture the criminal mind repeatedly for the misdemeanour. The colonial monumental architecture of the institution -opaque in nature - is also a prime factor aiding the use of architecture as a medium for punishment.

Architecture has the ability to invoke thought and emotion. Every environment, built or unbuilt, has a psychological influence on the mental state of the inhabitants. The way we perceive a space using our senses affects our behaviour and temperament subconsciously.

This

concept

of

sensuous

architecture can successfully be applied to the incarceration system – prison.

But They All Come Back – Rethinking the Incarceration System in India

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AIM To

look

into

the

specific

aspects

of

‘reformation’ and ‘re-entry into the society’ of the incarceration system in India, change a socially negative entity into a positive one, and thereby possibly generate an ‘oxymoron’. The proposal

would

development

ultimately of

involve

the

type

of

a

space/structure/program that would aid these aspects architecturally, psychologically and socially.

OBJECTIVE This thesis will look into the workings of the existing dysfunctional system of incarceration in India and forge an attempt to find a solution for the same. It will aim to be a reformation not only to the existing prison system but to prison architecture as well. Using architectural design as a tool, this thesis will attempt to foment a dialogue questioning the following hypothesis: A reformative and rehabilitative system - one that allows spatial and visual interaction of an inmate with the outside world - rather than a punitive one is of utmost urgency in the present incarceration

system

for

the

successful

reformation of a prisoner.

But They All Come Back – Rethinking the Incarceration System in India

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NEED FOR STUDY India has witnessed an exponential growth

abuse and gang fights are not rare. It is

in crime over the past decade. The total

reminiscent of a jungle in there. Everyone

number of cognizable crimes registered

is in a fight to prove himself as the alpha

under the Indian Penal Code (IPC) and

male just to survive. A jungle where

Special Local Laws (SLL) has risen from

Darwin’s theory of ‘survival of the fittest’

5026337 in the year 2005 to 7326099 in the

is put in practise, for he who is supreme will

year 2015 – an increase of 45.8%. The rate

dictate terms with the rest. Overcrowding is

at which crime is increasing is directly

very rampant in Indian prisons with a

proportional to the criminal count.

national occupancy rate at 117.4% with some

Prisons, as an institution, have been created for the sole purpose to deal with the

states

as

high

as

258.9%

(Chhattisgarh) and 226.8% (Arunachal Pradesh).

wrongdoers of the society. Prison, as a place of punishment, were uncommon in

Recidivism rates are on a high. Prisons in

the ancient world. They were used rather to

India look at the time and level of

detain those awaiting trial and sentence.

punishment rather than the type of crime

Not until the 18th and 19th centuries did

committed by the individual. Prison

prisons become places for the punishment

authorities tend to put everyone in together

of criminals. Heavily burdened with

and do not separate out first time offenders

problems

living

from habitual offenders. Thus, many first

conditions and prolonged detention, prisons

time offenders are rubbed on by the

in India have become a staple subject of

antisocial mind-set of the habitual ones.

public debate and criticism. Despite

Overtime a cycle has developed where by a

relatively low number of people in prison

person commits crime, goes into prison,

per capita as compared to other countries,

comes out, again commits crime, goes back

there are some common problems across

to prison and so forth. The national rate of

India.

recidivism is at 8.1% of the total number of

of

unsatisfactory

people convicted with some states as high Prisons are truly brutal places in India and

as 71.8% (Sikkim), 48.3% (Lakshadweep)

are obsolete, inhumane where cases of

and 44.5% (Chandigarh).

insanity,

suicides,

mental

trauma,

depression, rage fits, homosexuality, drug But They All Come Back – Rethinking the Incarceration System in India

ix

There exists an urgent need for adequate

A large part of the existing prison

prisoner-release programs. On completing

architecture in India dates back to British

the jail term, the prisoners are left into the

colonial times. It is rigid, raw, hard and

open world without a program that would

frightening. The environments that exist

initiate this procedure. There is no facility

amidst this architecture is dark, grim and

or program within the prison or after the

overwhelming and have drastic effects on

punishment that initiates him into the

its users which not only include inmates but

society. Sudden freedom in such large

also the guards and support staff. Cases of

quantities can be overwhelming and bad.

insomnia, memory loss, hallucinations,

There is also no acceptance of these

panic attacks, hyper anxiety, claustrophobia

prisoners in the society which may have

and even suicide at times is quite a common

extensive amounts of impact on their

phenomenon

psychology.

circumstances,

whereas depression, stress and anger

normally, the individual is either lost and

management issues are common amongst

doesn’t know how to function or retorts

the latter.

In

such

amongst

the

prisoners

back to crime (where he has some base).

RESEARCH METHODOLOGY The research methodology comprises of a

perception of the five senses in an

study of the psychological aspects behind

architectural space, explaining how they

why a person commits crimes and what

work and influence each other and the

leads him/her to commit crime. A note is

differences between them. As such, a study

made of the basic theories mentioned under

of how psychology and architecture take

the subject of psychology with respect to

part in the setting of a prison cannot be

this. It looks at the ways in which crime and

ignored.

incarceration affect not only the individual

A discussion on what the terms ‘prison’ and

but also the society from the standpoint of

‘punishment’ stand for and what they mean

sociology and criminology.

is stated. The research also involves an

Architecture, unknowingly, plays a vital

investigation of the evolution of prison

role in the psyche of a person as do the

typologies and systems, about how each

persons senses. The research discusses the

system functioned, what were the factors

But They All Come Back – Rethinking the Incarceration System in India

x

under which that typology was introduced

accommodate based on varied factors and

and what were the repercussions of the

how do they help in the reformation of a

particular system on its users.

prisoner. We look at the conditions of jails

A detailed study of crime and punishment in India is included paying attention to the crime and prison statistics of the country versus the world. A study of the various crimes and their respective punishments in accordance with the Indian Penal Code

in India, their functioning and what sort of problems they face. The prison manual also states the basic rules and regulations such as prison capacity, areas, dimensions and so forth to be followed during construction of a new prison.

(IPC) has been formulated to understand

The case studies deal with providing the

the basic typologies of crime. We take a

reader with a view and taste of the existing

look into how politics, culture, and society

prisons within the country, their working

affect the crime rate of certain states and the

and other factors. They also act as examples

country as a whole. We question why the

of a large number of punitive systems that

official records show the crime rate of India

exist in India and a few reformative systems

to be low.

that exist within the country and abroad

The research comprises of a study of the

from which we can take a lot to learn from.

prison manual to understand the various

Ultimately, we conclude the study with the

typologies of prisons existing in the

author’s point of view and take on the above

incarceration system of India, the various

mentioned topic based on the inferences

categories of criminals that they can

gathered from the research conducted.

LIMITATIONS AND CONSTRAINTS Prisons are a highly classified subject as far

photographs of the interiors of prisons are

as

concerned.

not permitted by law, so it must be

Particularly in the Indian scenario, there is

understood that the study would be carried

a lot of bureaucracy and red-tape which has

out using non-classified data. I shall have to

to be gone through in order to get access to

purely and primarily rely on secondary

prisons

sources of data and declassified literature.

the

authorities

and

their

are

drawings.

Also,

But They All Come Back – Rethinking the Incarceration System in India

xi

INDEX 1.

PSYCHOLOGY AND ARCHITECTURE ________________________01 1A. ARCHITECTURE OF THE SENSES _____________________02 1B. ARCHITECTURE STIMULI ___________________________05 1C. EFFECTS OF STAGNANT ENVIRONMENT _________________07

2.

WHY DO PEOPLE COMMIT CRIME?______________________________________________08 2A. CRIMINAL BEHAVIOUR ____________________________09 2B. CAUSES OF CRIMINAL BEHAVIOUR ___________________11 2C. THEORIES OF CRIMINAL BEHAVIOUR __________________12

3.

PRISON AND PUNISHMENT _____________________________17 3A. PHILOSOPHY OF PUNISHMENT ______________________18 3B. PHILOSOPHY OF IMPRISONMENT _____________________22 3C. RESTORATIVE JUSTICE: AN ALTERNATIVE ________________26 3D. LOOKING FORWARD… _____________________________28

4.

PRISON AND ARCHITECTURE ____________________________29 4A. PRISON ARCHITECTURE ___________________________30 4B. PUNISHMENT BY DESIGN – EVOLUTION OF PRISON SYSTEMS _33 4C1. BIRTH OF A PRISON _______________________34 4C2. BENTHAM’S PANOPTICON ____________________35 4C3. PENNSYLVANIA SYSTEM (SEPARATE SYSTEM) _______37 4C4. AUBURN SYSTEM (SILENT SYSTEM) _____________39 4C5. PENTONVILLE SYSTEM _______________________41 4C6. OTHER SYSTEMS __________________________43 4C7. NEW GENERATION SYSTEMS ___________________44 4C. PRISON SYSTEMS BASED ON GEOMETRICAL FORMATIONS ___46 4D. PRISON MODELS BASED ON OBJECTIVES ______________48

5.

CRIME IN INDIA _____________________________________63 5A. CRIME IN INDIA _______________________________64 5B. CRIME IN INDIA – TRENDS AND STATISTICS ____________69 5C. INDIA VS THE WORLD: WHY INDIA HAS A ‘LOW’ CRIME RATE ______________________________________73

6.

PUNISHMENT IN INDIA _________________________________78 6A. INCARCERATION SYSTEM IN INDIA – HISTORICAL BACKGROUND 79 6B. INCARCERATION SYSTEM IN INDIA ___________________86

But They All Come Back – Rethinking the Incarceration System in India

xii

6C. PREVALENT CONDITIONS OF THE INCARCERATION SYSTEM ___91 6D. ‘PRISON’ BY A PRISONER ________________________103 6E. PRISON IN INDIA – TRENDS AND STATISTICS ____________105

7.

CASE STUDIES – PUNITIVE SYSTEMS ______________________110 7A. THANE CENTRAL JAIL, MUMBAI _______________________111 7B. YERWADA CENTRAL JAIL, PUNE ______________________118 7C. INFERENCE AND PERSONAL OBSERVATIONS ______________126

8.

NEED FOR REFORMATIVE SYSTEMS _______________________127

9.

CASE STUDIES – REFORMATIVE SYSTEMS ___________________130 9A. YERWADA OPEN JAIL, PUNE _________________________131 9B. OPEN AIR JAIL, BILASPUR, HIMACHAL PRADESH ___________139 9C. BASTOY ISLAND, NORWAY __________________________153 9D. INFERENCE AND PERSONAL OBSERVATIONS ______________164

10.

CONCLUSION AND DESIGN INTENT _______________________167

11.

SITE ____________________________________________171 11A. SITE CRITERIA __________________________________172 11B. TENTATIVE SITE A _______________________________174 11C. TENTATIVE SITE B _______________________________177 11D. TENTATIVE SITE C _______________________________181 11E. TENTATIVE SITE D _______________________________184

12.

BIBLIOGRAPHY / REFERENCES _________________________186

13.

LIST OF FIGURES ___________________________________190

14.

LIST OF TABLES ____________________________________197

15.

APPENDICES ______________________________________198

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But They All Come Back – Rethinking the Incarceration System in India

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CHAPTER 1: PSYCHOLOGY AND ARCHITECTURE The research discusses the perception of the five senses in an architectural space, explaining how they work and influence each other and the differences between them. As such, a study of how psychology and architecture take part in the setting of a prison cannot be ignored.

But They All Come Back – Rethinking the Incarceration System in India

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ARCHITECTURE OF THE SENSES “Architecture is an art when one consciously or unconsciously creates aesthetic emotion in the atmosphere and when this environment produces well-being.�

- Luis Barragan

Every environment has a soul depending on

of grandeur, richness, fragrance and the feel

the elements that exist in the environment.

of the place.

When one enters a space, one is instantly overpowered by a dominant soul of the

In McLeodganj, Dharamshala there exists a

environment. This happens unconsciously,

Norbulingka Institute which has kept

one never deliberately analyses each and

centuries old Tibetan tradition alive.

every element of the environment and

Norbulingka is a community with a

comes to a conclusion of the dominant

sustainable business model and a strong

impression of the environment. It hits the

social mission; keeping the Tibetan culture

observer through unconscious perception,

alive by training people for the future. From

for instance, the Taj Mahal of Agra.

the moment one steps inside the gates of Norbulingka, one is transported to a

As one steps towards the main entrance of

different world. The gurgling stream that

the complex of the Taj Mahal, the grand

runs through the gardens maintained in the

brilliance of the environment hits the

Japanese style, the different species of birds

observer unconsciously. The observer is

fluttering among the tree tops, the Tibetan

absolutely awestruck and automatically is

style architecture transports you to the land

transported to the era of the Mughals with

of old Tibet. The temple serves as the

all its grandeur. The observer hardly

perfect place for prayer and reflection. The

realises that it is due to the distance of the

confluence of nature and architecture here

monument from the entrance, the beautiful

engulfs all the senses of touch, sight, feel

gardens that line the water body in the

and smell and the lasting impression is one

centre and the numerous fountains that

of peace and tranquillity.

adorn this water body actually leads his gaze to the majestic mausoleum. All these

Even though Norbulignka is not as grand

aspects, in totality, creates the impression

and majestic as the Taj Mahal, still in all its

But They All Come Back – Rethinking the Incarceration System in India

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uniqueness and simplicity, it induces the

One can rightly say that to experience

feelings of calm and solitude.

architecture one needs to see, touch, hear and smell it. Architecture has the ability to invoke thoughts, feelings and emotions in an observer. It is capable of altering moods of an observer. A marvellous piece of architecture is a poetry in stone which transports people to a different world and the observer becomes a part of this fantasy world. If the architecture of a building is

Figure 1: Grandeur of the Taj Mahal complex | Source: www.fatsaloon.com

conceived correctly, paying attention to the smallest details, then what we get is a fusion of function and form that pleases all the senses of an observer.

Architecture materials like wood, crystal clear glass, shiny metals, leather, and mahogany all exude their own smell, texture, feel and richness. An architect needs to be aware of the effects that these materials can stimulate and use them aesthetically to enhance the beauty and feel

Figure 2: Use of water bodies at the Norbulingka Institute

of the environment.

A wall, on the other hand, depending on the manner in which it is conceived can reflect different feelings, moods and emotions. A wall of iron bars or barbed fence wire can make one feel uneasy and uncomfortable.

When a wall painted with bright colours is used, it exudes the feeling of liberty, freedom and happiness. So architecture

Figure 3: Unison of nature and architecture at the Norbulingka Institute

subtly plays with the mood and emotions of an observer unknowingly.

But They All Come Back – Rethinking the Incarceration System in India

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Human beings perceive an object with their

few steps away from the dome, this effect

sense of hearing, touch, smell and taste. But

cannot be felt.

in architecture, unfortunately, only the sense of sight has gained much appreciation

The strongest memory of a space is often its

while all the other senses are left

odour. Odour makes us secretly re-enter a

unappreciated. No doubt, in the process of

space that has been completely erased from

perception, the sense of sight has always

our memory. For instance, the fragrance of

dominated the other senses. The biggest

a bakery projects the images of health,

issue with contemporary architecture is this

sustenance and happiness where else the

dominance of eye sight which has resulted

scent of a candy store reminds us of

in unbalanced sense systems which in turn

innocence and curiosity of childhood.

culminate into ‘soul-less’ architecture. The dominance of the eye usually represses all the other senses and produces a false perception of the environment. So it is incorrect to ignore one or more senses. If we want to have a better influence on our soul we need to use all the parameters like light, sound, colour, form, objects, etc. in a correct manner.

The sense of touch reads the texture, weight, density and temperature of the material touched and ignites different feelings. Hence, the way a material is treated, placed and its shape influences our experience of the material. The stroking of distant surfaces, contours and edges and unconscious tactile sensations determines the pleasantness of the experience.

For

Ear is more closer than eye (Pallasmaa,

instance, the coolness of a polished marble

2005). The echo and re-echo of the sound

surface under your feet, the heat that

that resonates in the Gol Gumbaz gives a

emanates from the concrete wall renders a

feeling of vastness and hard stone. But a

different feeling to the observer.

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ARCHITECTURE STIMULI SCALE AND PROPORTION

COLOUR

Scale and proportion in architecture

Colour is an integral element of our world,

speaks about how the building relates to the

not just in the natural environment but also

size of the human body. While large spaces

in the man-made architectural environment.

can make us feel insecure or at times

The goals of colour design in an

peaceful depending on the way it is

architectural space are not relegated to

conceived, smaller spaces can result in

decoration alone. Colour is a sensory

anxiety or even coziness. Large cathedrals

perception, and as any sensory perception,

emanate a feeling of peace and silence are

it has effects that are symbolic, associative,

vital examples of this phenomenon. Closed

synesthetic, and emotional. The impression

spaces with low ceilings makes one feel

of a colour and the message it conveys is of

claustrophobic and uneasy, as in case of

utmost

prison cells.

psychological mood or ambiance that

importance

in

creating

the

supports the function of a space.

LIGHT "In our time light has turned into a merely

To mention a few examples concerning colours and what they convey:

quantitative matter and the window has lost its significance as a mediator between two

Yellow conveys friendly, sunny and soft

worlds. Enclosed and open, interiority and

effects

exteriority, private and public, shadow and

provocative, passionate and aggressive

light, having lost its ontological meaning,

feelings.

the window has turned into a mere absence

calmness, balance. It conveys the message

of the wall." - Juhaani Pallasmaa, The Eyes

of simplicity and security. White depicts

of the Skin

purity, vastness, openness, and neutral

while

Green

red

signifies

pertains

to,

fiery,

nature,

ambience.

But They All Come Back – Rethinking the Incarceration System in India

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Figure 4: Play of textures and materials in Sancaklar Mosque, Istanbul by Emre Arolat Architects | Source: www.detail-online.com

Figure 6: Play of shade, shadow and light in the Church of Light by Tadao Ando | Source: www.someslashthings.com

Figure 5: Usage of natural textures, materials and colours in Jain Bunglow by Nari Gandhi | Source: www.archnet.org

Figure 7: Play of shade, shadow and light in the Koshino House by Tadao Ando | Source: www.archdaily.com

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EFFECTS OF STAGNANT ENVIRONMENT A layman can determine after observing a

architect to design buildings that reduces

building whether it is meant for business

mental fatigue. If a building is constructed

purpose, housing or recreational purpose.

in such a way that it induces positive mood

Hence the structure of the building has an

with elements

impact on the psyche of the observer.

accessible gardens, even if the individual

like open walkways and

does not live or work in that building, it If an individual stays in drab conditions for

invokes positive feelings as long as the

extended periods of time, then, his or her

individual has some sort of visual contact

mental and physical condition deteriorates

with the building.

over time. Working in a closed up office environment for 12-13 hours a day easily

Prison environments, on the other hand,

makes one irritable and become a victim of

cause opposite reactions on the inmates

what is commonly known as the “sick

living in the prison for longer durations.

building syndrome”. Many psychologists

Prison, being a stagnant environment, plays

emphasise that “mental fatigue” or a state

an important role in influencing the

of exhaustion can occur when an individual

psychology

is forced to spend long periods of time in an

understanding the effect of architecture on

environment that negatively distracts him -

human mind and studying it becomes

like buildings whose designs do not fluidly

extremely vital. Though prison concepts

integrate into one another. This stresses the

over years have undergone major changes

individual at a sub conscious level and over

from punitive to reformative concepts, its

time this stress culminates into mental

application is a rare sight in Indian

fatigue. It is a moral obligation of an

incarceration system.

But They All Come Back – Rethinking the Incarceration System in India

of

the

prisoners.

Thus,

7

CHAPTER 2: WHY DO PEOPLE COMMIT CRIME A study of the psychological aspects behind why a person commits crimes and what leads him/her to commit crime. A note is made of the basic theories mentioned under the subject of psychology with respect to this. It looks at the ways in which crime and incarceration affect not only the individual but also the society as a whole from the standpoint of sociology and criminology.

But They All Come Back – Rethinking the Incarceration System in India

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CRIMINAL BEHAVIOUR Who

are

we?

Are

we

good

or

2. Considered to be violation of moral or

fundamentally evil? What makes us happy?

religious code and is believed to be

What makes us sad? The answer we

punishable by a Supreme Spiritual being

uncover is often surprising, paradoxical and

such as God.

shocking. Many positive human qualities

3. Violate norms of society or traditions and

like love, courage and creativity as well as

are believed to be punishable by

negative qualities like anger, hatred and

community.

revenge emerge from the human mind – the

4. Acts causing serious psychological stress

most complex structure known in the

or mental damage to a victim, but is

universe to man. It is the thought process of

somewhat

an individual which makes the real

(referred to as “Psychological criminal

difference.

behaviour”).

affordable

for

offender

Behaviour of criminals needs to be studied

It can be safely surmised that criminal

to understand the offender better and

behaviour is any kind of anti-social

answer questions like: Who are criminals?

behaviour which is punishable by law or

Why do they commit an offence? How do

norms defined by the society and as the

they think? These questions need to be

society goes through a continuous change it

answered in order to predict their future

becomes difficult to arrive at exact

actions and define ways to prevent crime.

definitions of criminal behaviour. For what was

once

considered against

the

prohibition law,

or

There exists four general definitions of

violation

becomes

criminal behaviour that can fit all the types.

acceptable as the society undergoes change.

These four areas include the following types of acts:

Distinguishing delinquency from a criminal act is important. Delinquency is considered

1. Prohibited by law and are punished by the state.

to be acts that are prohibited by the norms of the society while criminal acts is a

But They All Come Back – Rethinking the Incarceration System in India

9

violation of the laws existing in a society

Measurement of criminal activity is usually

which are clearly defined by the state.

carried out on the basis of arrests and

Many times an individual’s psyche or

charges, self-reported offences (which are

circumstances may result into criminal

seldom inaccurate) and actual crime rates

activity or it may increase the probability of

obtained from governmental organisations.

the individual engaging in criminal acts.

Based on this data, crime reports are drawn

This may be due to a multitude of issues

up. This facilitates in categorising crimes

like poor parenting, lack of education,

based on types of crimes and types of

media influence, behavioural disorder, poor

offender characteristics like age, race,

temperament, anti-social beliefs etc.

gender, vital stats, etc.

But They All Come Back – Rethinking the Incarceration System in India

10

CAUSES OF CRIMINAL BEHAVIOUR “There is no map to human behaviour.”

- Bjork The reasons behind criminal behaviour can

determine

vary a lot in each particular case, but they

criminal behaviour. Hence, it is impossible

still can be grouped into two main

to

categories – genetics and environment.

according to some specific factors, but one

(Criminal Psychology, 2016)

can still highlight some circumstances that

predict

one’s a

inclination person’s

towards

“criminality”

can lead to criminal behaviour.

Genetics was considered as the sole reason that led to an individual’s criminal

•

behaviour by a number of psychologists during

the

mid-19th

century.

Financial problems, or starvation –Is more dominant in third world countries.

They

When an individual cannot provide for

concluded that the measure of parents’

the family, he or she is forced to turn

mental condition could indicate the child’s

towards a life of crime. The inclination of

inclination towards criminal behaviour. But

a person towards crime increases when

the modern approach, based on researches

he struggles everyday just to survive the

and experiments, opined that both genetics

next.

as well as the environment of an individual

•

Low social status –It is evident that the

plays an important role in indicating the

people with low social status are often

individual’s inclination towards criminal

bullied in the society in various ways.

behaviour.

They, in turn, may become aggressors and move towards criminal behaviour.

The

present

day

psychologists

and

criminologists believe that there exists

•

innumerable factors involved in driving a person towards criminal behaviour. This proves

that

solely

genetics

cannot

But They All Come Back – Rethinking the Incarceration System in India

Genetics –Some individuals possess genetic probability of contracting certain mental disorders like schizophrenia which may lead to aggressive behaviour.

11

THEORIES OF CRIMINAL BEHAVIOUR Criminal behaviour can be implicitly

approaches to criminal behaviour. These

understood only if we are aware of the

are listed below:

reasons why an individual indulges in such kind of behaviour. There have been many

•

The individual is the primary unit of

theories explaining the criminal behaviour,

analysis. Individual being is considered

reason behind it and how best can this

to be responsible for the acts he/she has

problem be tackled. There are innumerable

conducted.

ongoing researches on such theories which have a

considerable

impact

•

Personality drives

behaviour

within

individuals because it is the major

on the

forensic/criminal psychologist’s work.

motivational

element.

Abnormal,

dysfunctional or inappropriate mental Three broad models of criminal behaviour

processes

are:

personality can result in crime.

psychological, sociological

biological models.

and

It is difficult to

•

completely separate them. It is generally

of

behaviour.

Though

psychological principles can be applied

the

individual’s

An individual may have a purpose of criminal behaviour if it addresses certain

accepted, that all of them play a role in the interpretation

within

felt needs.

•

Normality is generally defined by social consensus, i.e., what is considered as

across all the three models, they all have

“typical,” “normal,” or “acceptable” by

some specific pointers which can be

the majority of individuals in a certain

implemented across different crime control

social group.

policies.

•

PSYCHOLOGICAL APPROACHES

Defective or abnormal, mental processes may be caused by a variety of factors such

as diseased learning

According to Criminal Psychology, 2016,

inappropriate

there are several fundamental assumptions

conditioning,

that are common for all the psychological

inappropriate role models and adjustment

the

or

mind, improper

emulation

of

to inner conflicts.

But They All Come Back – Rethinking the Incarceration System in India

12

In brief, crime control policies based on

Theory, Social Control Theory and

psychological principles target individuals

Theory of Differential Association and

and try to prevent criminal behaviour from

many others. The main ones are briefly

this standpoint.

Psychology plays an

described below.

important

in

role

framing

policies

pertaining to training, education, promotion

STRUCTURAL STRAIN THEORY

of

American

self-awareness,

rehabilitation

and

sociologist

Robert

K.

resocialization. In addition, psychologists

Merton developed structural strain theory

have long recognized that the best predictor

as

of future behaviour is past behaviour of the

perspective on deviance. This theory traces

individual. (Mischel, W. 1968).

the origins of deviance to the tensions that

of the

functionalist

goals and the means people have available to achieve those goals.

In this approach scientists examine criminal behaviour from a sociological point of view. The majority of sociological theories believe that the criminal behaviour is mainly influenced by a combination of social surrounding, political and economic factors.

As per this theory, a society consists of a social structure and a culture structure. The culture in a society sets the goals for people to achieve while the social structure provides the means by which people can achieve these goals. The culture structure and the social structure is balanced in a

Factors such as examining a person’s race, neighbourhood,

family,

education,

intelligence, career, childhood history are taken into consideration to diagnose the reason behind an individual’s criminal behaviour. In this case, offenders are not considered as bad people but as a person is

extension

are caused by the gap between cultural

SOCIOLOGICAL APPROACHES

who

an

wrongly

influenced

by

the

misdoings and atrocities of the society.

well-integrated society. The individual in a well-integrated society achieves their goals through the right means (norms accepted by the society). But, at times, the social structure can even to provide the means to achieve these goals. As such there can be an imbalance between the goals set and the means to achieve them. This leads to deviant behaviour.

There are many different theories seeking to explain criminal behaviour such as: Structural Strain Theory, Labelling But They All Come Back – Rethinking the Incarceration System in India

13

SOCIAL DISORGANIZATION THEORY

between deviant groups and non-deviant

The theory directly links crime rates to

society.

groups with respect to the laws of the

neighbourhood ecological characteristics; a core principle of social disorganization theory is that place matters. In other words, a

person's

residential

location

is

a

substantial factor shaping the likelihood that that person will become involved in illegal activities. The theory suggests that, among determinants of a person's later illegal activity, residential location is as significant as or more significant than the person's individual characteristics (e.g.,

There exists a kind of branding or labelling that prevails by the people in power who dominate the forces of law and order and by people who enforce these laws (police, courts, experts, etc). People who are powerful in terms of gender, class, race or overall social status impose rules on lesser mortals and issue labels which categorise deviance in different groups and in turn strengthen

the

power

structure

and

hierarchies of the society.

age, gender, or race). For example, the theory

suggests

that

youths

from

disadvantaged neighbourhoods participate in

a subculture which

approves

of

SOCIAL CONTROL THEORY Travis Hirschi developed a functionalist

delinquency, and that these youths thus

theory

that

propounds

acquire criminality in this social and

behaviour

cultural setting. The theory is not intended

weakening of social bonds of a person or a

to apply to all types of crime, just street

group. It is believed that people are often

crime at the neighbourhood level.

attached or affected by what the society

occurs

when

that there

deviant is

a

thinks about them and so they conform to

LABELLING THEORY

the

society

expectations.

Hence,

One of the theories that explains deviant

socialization induces conformity in people

and criminal behaviour in sociology is the

to follow social rules and when this

Labelling Theory. It proposes that no act is

conformity is broken the deviance occurs.

inherently criminal. In fact, people in power

Social control theory explains the manner

are the ones who define criminality and

in which deviants are affected or unaffected

codify laws which are then interpreted by

by the common value system and the

the

correctional

situation that forces them to go against

facilities. Accordingly, deviance is a

these value systems. It has been realised

police,

courts,

and

process in which there is interaction But They All Come Back – Rethinking the Incarceration System in India

14

that every individual in his or her life

individual’s biological makeup. According

experiences some impulse towards deviant

to Raine Study, the causes may be Heredity,

behaviour but it is kept in check due to the

Neurotransmitter dysfunction and brain

individual’s attachment to the social norms.

abnormalities. There exists many theories that share biological approaches such as: Trait

THEORY OF DIFFERENTIAL

and

Psychodynamic

Theory,

Lombroso’s Theory, Y Chromosome

ASSOCIATION

Theory and others.

The theory of differential association is a learning

theory that

focuses

on

the

processes by which individuals come to

LOMBROSO’S THEORY

commit deviant or criminal acts. According

Cesare Lombroso (1835-1909) was an

to the theory, created by Edwin H.

Italian psychiatrist and military medical

Sutherland, criminal behaviour is learned

doctor who developed theories about the

through interactions with other people.

criminals based on their physical traits. His

Through

and

theories are no longer valid today. Only

communication, people learn the values,

credit which can be given to Lombroso is

attitudes, techniques, and motives for

that he was the pioneer in inducement of

criminal behaviour.

scientific methods to criminology.

Differential association theory emphasizes

Lombroso's

the interaction people have with their peers

anthropological criminality

and others in their environment. Those who

rejected the classical school of thought that

associate with delinquents, deviants, or

crime was a characteristic trait of human

criminals learn to value deviance. The

nature. The theory instead stated that

greater

criminality was inherited, and that someone

this

the

interaction

frequency,

duration,

and

could

of essentially

intensity of their immersion in deviant

"born

environments, the more likely it is that they

by physical (congenital) defects, which

will become deviant. (Crossman. 2016)

confirmed a criminal as savage or atavistic.

BIOLOGICAL APPROACHES

Although anthropometric measurements

Biological theories purport, that criminal

criminal"

theory

be

identified

were correct, the connection between human physical traits and criminality was deceptive.

behaviour is caused by some flaw in the But They All Come Back – Rethinking the Incarceration System in India

15

According to Lombroso, biological traits of

the Super-Ego. Ego is something that

a born criminal would include the following

develops over a period of time, something

: A large jaws, forward projection of jaw,

that the individual acquires or learns

low sloping foreheads; high cheekbones,

overtime. It reasons with the ‘ID’ and starts

flattened or upturned nose; handle-shaped

controlling it as it realized always giving

ears; large chins, very prominent in

into

appearance; hawk-like noses or fleshy lips;

consequences, and to avoid it, the urges

hard shifty eyes, scanty beard or baldness

need to be checked.

the

‘ID’

can

have

undesired

and insensitivity to pain. Lombroso finally concluded that a criminal would have long

intimate relationships in the beginning of

arms.

one’s life is very essential for the formation of the Super-Ego. It is clinically proven that

FREUD’S PSYCHODYNAMIC

strong, though not necessarily lasting

THEORY Psychoanalyst

The formation of dependent, trusting and

damage can be done to a child’s mental Sigmund

Freud

split

personality into three parts – The ID, the

development if it is rejected by or separated from its mother during the first five years.

Ego and the Super-Ego. According to him ‘ID’ is the most primitive part of the human

The failure of the Super-ego which usually

mind in its unconscious state. It basically is

is a result of unloving or absent parent has

about the most basic of biological needs of

rendered

a human – the urge to eat, drink, be warm

psychologically prepared for a life of crime.

etc. It is driven by desire and seeks pleasure

If there is no formation or incomplete

and is absolutely illogical.

formation of the Super-Ego then the

many

an

individuals,

individual may have no conscience and The needs of the ‘ID’ needs to be controlled

have no reason to restrain its desires in this

or repressed which is done by the Ego and

case, his criminal tendencies

But They All Come Back – Rethinking the Incarceration System in India

16

CHAPTER 3: PRISON AND PUNISHMENT Why do we punish? Why do we use prison instead of other types of punishment? In this

chapter,

we

discuss

about

the

fundamental rationale for the existence of prisons. What do we want them to be? The logic behind prison may seem obvious, but the philosophy and justification for prison has changed over time. Punishment is a natural response to fear and injury, and prison

seems

to

be

our

favourite

punishment.

But They All Come Back – Rethinking the Incarceration System in India

17

PHILOSOPHY OF PUNISHMENT Punishment, as defined by Newman (1978),

impersonal and always balanced. It must be

is as follows: “Punishment is a pain or other

done by a lawfully authorized party and it

unpleasant consequence that results from an

must be done only after procedural due

offense against a rule and that is

process. Note that the definition of

administered by others, who represent legal

punishment strictly limits what can be done,

authority, to the offender who broke the

and by whom; otherwise inflicting pain or

rule”. Hence, in straight terms, punishment

discomfort would not be justified under the

involves

retributive rationale.

the

infliction

of

pain

or

discomfort. Generally, infliction of pain on

The ideology of the right a society has to

someone would be wrong but it can

punish a member stems from what can be

surprisingly be justified using two basic

called a social contract. The inception of

channels

this social contract can be dated back to the

of

thought:

Retributive

Rationale and Utilitarian Rationale.

Ancient Greeks but is known to have

Under retributive rationale, the infliction of pain is justified as long as the punishment is deserved. On the other hand, the utilitarian rationale justifies the punishment’s infliction of pain as long as it results in some “greater good” such as reduced

crime

due

to

deterrence,

incapacitation or rehabilitation.

reached a greater level of popularity in the 17th and 18th centuries and can be associated with Thomas Hobbes’s Leviathon (1651), John

Locke’s

Two

Treatises

on

Government (1690), and Jean-Jacques Rousseau’s Du Contrat Social (1762).

The basic concept of a social contract proposes that all people freely and willingly enter into an agreement to form a society by

RETRIBUTIVE RATIONALE

giving a portion of their individual freedom

Retribution is a term that means balancing

to seek a return benefit of protection. If a

a wrong through punishment. (Pollock,

certain individual violates the rights of the

2014) While revenge is a personal act and

other society members, that individual has

not necessarily one that is in proportion to

broken the social contract and is liable for

the

punishment. (Mickunas, 1990)

victim’s

injury,

retribution

is

But They All Come Back – Rethinking the Incarceration System in India

18

One problematic element of the social

because it improves their soul or character

contract is the assumption that everyone

(Murphy, 1995).

willingly plays a part or has a hand in the agreement to abide by the society’s laid out norms and laws. Many authors and theorists suggest that there exist certain factions within the society that are disenfranchised by the system and play no part in its creation. Such factions believe that the whole system operates for the benefit of a

Deterrence is known to be the most common justification for punishment.

General deterrence is when the punishment given to a certain individual influences others not to commit a crime. Specific deterrence

is

when

the

individual

himself/herself does not commit any further crimes due to the punishment.

few citizens and their allies.

The In short, the retributive rationale says that punishment, as long as it is inflicted upon wrongdoers in proportion to their crime, is a natural response and a societal right.

Utilitarian

admirers

in

Rationale various

has

thinkers

found and

philosophers around the world. Jeremy Bentham was one of them. Inspired by the utilitarian rationale he conceived the theory

UTILITARIAN RATIONALE

of ‘Hedonistic Calculus’. It involved two

The

defines

essentially rational and hedonistic (pleasure

punishment as evil due to the infliction of

seeking) and would seek to maximize

pain and discomfort but this is justified by

pleasure and reduce pain in all behaviour

the greater good it results. Utilitarianism is

decisions; and second, that a legal system to

the ethical system whereby anything is

accurately determine what measure of

defined as good as long as it results in the

punishment was necessary to slightly

greatest good for the majority of the

outweigh the potential pleasure or profit

society. Only if punishment does not deter,

from any criminal act. Thus, if done

incapacitate or facilitate rehabilitation of

correctly, the potential pain from a

the offender, it would be considered wrong

punishment would be sufficient enough to

under this rationale.

outweigh the potential pleasure or profit

Utilitarian

Rationale

concepts:

first,

that

mankind

was

is

from crime and all people would rationally

consistently found in numerous books of

choose to be law abiding members of the

history and mythology. Plato argued that

society.

This

rationale

for

punishment

punishment is a benefit to the person

But They All Come Back – Rethinking the Incarceration System in India

19

Bentham is also credited with the inception

principle of utility, if it ought at all to be

of another theory commonly known as

admitted, it ought only to be admitted in as

‘Principle of Less Eligibility’. Originally,

far as it promises to exclude some greater

this concept was applied to poorhouses.

evil…. It is plain, therefore, that in the

This theory believes that if the poorhouses

following cases punishment ought not to be

were too comfortable, then men would

inflicted.

choose to be idle over work; therefore

•

living conditions in the poorhouses should

no mischief for it to prevent; the act not

be worse than the life of the lowest paid worker (Sieh, 1989).

This theory was

being mischievous upon the whole.

•

applied and continues to apply to various

conditions of the poorest person in the

mischief.

•

This

has

produce would be greater than what it

invariably

influenced the programs and architecture of prisons around the globe.

Where it is unprofitable, or too expensive: where the mischief it would

society else people will choose crime over law-abidingness.

Where it must be inefficacious: where it cannot act so as to prevent the

prisons whereby the conditions of the prison must be worse than the living

Where it is groundless: where there is

prevented.

•

Where it is needless: where the mischief may be prevented, or cease of

There is always public antipathy towards

itself, without it: that is, at a cheaper

prisons that are considered too ‘luxurious’.

rate. (Beccaria, as cited in Murphy,

Consistent with this idea, perhaps, is the

1995)

fact that some of the best prisons (on a variety of standards) exist in Scandinavian countries, which also have some of the highest standards of living (Sieh, 1989).

The social contract can also be advocated as a basis for a utilitarian rationale. In this case, the social contract gives the society a right to punish not because of the

Another

advocate

of

the

utilitarian

individual’s violation but rather to protect

rationale, Cesare Beccaria, suggested that

the members of the society from future

the benefits of punishment do not outweigh

harm. The social contract sees this approach

the evil as illustrated by the following

of punishment as a means to an end – the

quote:

end being deterrence (general or specific),

But all punishment is mischief: all

incapacitation or rehabilitation (reform).

punishment in itself is evil. Upon the

But They All Come Back – Rethinking the Incarceration System in India

20

Incapacitation refers to disabling an

inflicting pain as a learning tool (behaviour

individual from inflicting further harm or

modification) or by other interventions that

committing violations for at least as long as

are not painful at all (for example, self-

the individual is under control. It does not

esteem groups, education, religion).

necessarily imply pain. House arrests, electronic bracelets, drug induced sleep and other methods of monitoring offenders are alternatives to imprisonment. Prison, of course, has become synonymous with incapacitation.

To conclude, the utilitarian rationale for punishment must determine that the good or acceptable

behaviour

resulting

from

punishment outweighs the inherent evil of the punishment itself. The beneficial aspects of punishment include deterrence,

Rehabilitation is defined as internal change

incapacitation and rehabilitation or reform.

that results in a cessation of the targeted

(Pollock, 2014)

negative behaviour. It may be achieved by

But They All Come Back – Rethinking the Incarceration System in India

21

PHILOSOPHY OF IMPRISONMENT “Prison is, simply put, the bottom rung of the welfare ladder.”

– Stephen Reid, A Crowbar in the Buddhist Garden

Prisons are regarded as one of the most

“heart,

complex institutions of punishment in

inclinations of the prisoner” (Howe, as cited

present times. It affects a prisoner on a

in Pollock, 2014). Numerous experts in the

multitude of levels. Prisoners can earn little

field of penology and criminology have

or no income while being incarcerated.

come to accept that the most detrimental

They may lose their job and livelihood

effects of a prison are not on the body but

thereby affecting their

lifetime

on the mind of the criminal. Mental and

earnings and savings. Imprisonment may

moral deterioration is by far a greater cause

physically affect the inmates from abuse by

of concern than physical deterioration and

correctional officers or guards, other

it is very difficult to measure the mental toll

inmates or from illnesses or injuries left

a prison has on its population.

total

untreated. Apart from the aforementioned points, imprisonment most importantly and viciously attacks the psyche of a prisoner.

In most cases, the environment within a prison is a breeding place for negativity that takes part in the mental deterioration of a prisoner. Due to this, many describe a prison as a “psychological punishment” (Mickunas, 1990).

the

thoughts,

the

will,

the

As mentioned earlier, retributive rationale for a prison requires that imprisonment be inflicted in proportion to the severity of the crime committed. The utilitarian rationale for a prison requires imprisonment only and only if it results in some greater good for the society in that it deters or incapacitates the offender from committing more crime or it rehabilitates the offender so that he or she

According to some, prison in its most

does not turn back to crime upon release.

severe form attacks “the soul”; it acts on the

The success of a prison at doing any of these is a subject of debate.

But They All Come Back – Rethinking the Incarceration System in India

22

The retributive and utilitarian rationales of

“new wilderness”. In this way, the society

punishment,

was protected as long the offender was kept

specifically,

elements

of

deterrence and incapacitation, were strong throughout America and Europe prior to the 1820s. To deter and punish was the justification of all forms of punishment, specifically imprisonment in gaols and houses of correction.

incapacitated.

However, the new penitentiary was also viewed by some as redemptive and capable of changing the individuals within to become better people (Conley, 1992). This led in a shift in the rationale for

[C]learly the colonists relied on

imprisonment

from

societal retribution as the basis for

incapacitation

to

punishment and viewed the execution

rehabilitation.

of punishment as a right of the

or

and

the reformative origins of the prison

was the fault of the offender, not the society

reformation

in the field of social sciences, proposed that

war against individual sin. Deviance

of

and

David J. Rothman, an author and professor

society to protect itself and to wage

breakdown

deterrence

emerged in the 1820s and 1830s. In his

the

book, The Discovery of the Asylum (1971),

community. . . . (Conley, 1992)

Rothman voices that before the 1800s,

Imprisonment in the late 1700s was not

punishment was purely retributive and was

necessarily acknowledged as a reformative

strongly associated with expiation – a

one but it was seen as a more humane form

religious

of punishment in comparison with corporal

redemption through suffering. People were

punishment utilised during earlier times

viewed as not capable of reform. Only once

(flaying,

beheading,

the possibility of reform and rehab in an

dismembering). The offender was seen as a

individual was observed, did the idea of

diabolic and weak entity, often someone

prison as a site for reform develop.

whipping,

that the society would consider a threat.

Although gaols (a type of jail) existed within

the

community

the

idea

of

term

meaning

personal

Separation, obedience and labour became the

trinity

around

which

authorities

managed the penitentiaries. Convicts were

penitentiaries, a type of banishment,

“men of idle habits, vicious propensities

surfaced in the early 1800s. Earlier societies

and depraved passions,” who had to be

banished the wrongdoers to the wilderness; penitentiaries, which were usually built far

taught

obedience

as

part

of

their

reformation (Rothman, 1971). Education of

away from an urban area, became a kind of But They All Come Back – Rethinking the Incarceration System in India

23

such ethics by the authorities would

technology, led to the emergence of

reinforce

and

educated professionals in the subject of

community within the convicts. The

penology to believe that science could play

penitentiaries would reawaken the public to

a major role to solve an individual

these “virtues” and “promote a new respect

prisoner’s

for order and authority” (Rothman, 1971).

treatment and a more case-to-case based

the

value

of

society

Early 1800s witnessed great enthusiasm in the ideology of such a prison that could bring about betterment within the society for not just offenders but everyone.

Rothman (1971) cites a Reverend Finley to

problems.

study with

scientific

Individualised

objectivity and

professionalism were the tools adopted to replace the older thought of ‘religious reformation’. The prison was no longer viewed as a utopia for society to emulate. It was viewed instead as a laboratory in which

concrete this development:

social work and psychiatry would work to Could we all be put on prison fare,

help change people’s behaviour. (Pollock,

for the space of two or three

2014)

generations,

the

world

would

ultimately be the better for it. Indeed, should society change places with the prisoners, so far as habits are concerned, taking to itself the regularity

and

temperance

and

sobriety of a good prison, then the grandiose goals of peace, right and Christianity would be furthered.

The philosophy of imprisonment originated with a retributive and utilitarian approach, moved to a reformative one and then drifted back to retribution post the 1900s. By the 1970’s,

however,

the

philosophy

of

imprisonment returned back to the concepts of reformation and rehabilitation. This era was a short lived one. The 1980s witnessed an explosion in the number of prisoners

The two systems that emerged penitentiary

leading

architecture – the Pennsylvania or Silent

ultimately forcing penal institutions to once

system and the Auburn system – both

again adopt the ideas of retribution,

heeded to the concepts of separation and

deterrence and incapacitation.

to

issues

of

overcrowding

obedience.

Von Hirsch (1976) and Fogel and Hudson The origin of penitentiaries in the 1800s

(1981) were frontrunners in criticising the

evolved from the outlook of religious

rehabilitation era. Although they had

reformation. Early 1900s, faced with an

different approaches, the all critiqued the

explosive growth in the field of science and

idea that prison should be anything more

But They All Come Back – Rethinking the Incarceration System in India

24

than punishment. Their approach merged

prevention (i.e., deterrence and

the ideas of retributivism and utilitarianism

rehabilitation)

to mould a new type of retributivism.

According

to

Von

Hirsh’s

(1976)

philosophy: •

•

• •

The existing rationale of imprisonment continues to be a retributive one. Numerous famous thinkers and philosophers such as

The liberty of each individual is to

Todd Clear (1994) refer to this era as the

be protected so long as it is

“penal-harm movement”. The term has

consistent with the liberty of others.

been coined to convey that the rationale of

The state is obligated to observe

imprisonment starting from the early 1980s

strict parsimony in intervening in

has generally been a punitive one taking

criminals’ lives.

inspiration from retribution and seeking

The

state

must

justify

each

very little or nothing from the concepts of

intrusion.

rehabilitation

and

reformation.

This

The requirements of justice ought to

philosophy has actively contributed to the

constrain the pursuit of crime

phenomenal growth of the incarceration rate and the proliferation of prisons.

But They All Come Back – Rethinking the Incarceration System in India

25

RESTORATIVE JUSTICE: AN ALTERNATIVE PHILOSOPHY? “The purpose of the criminal justice system is both to rehabilitate and to punish. If we can rehabilitate somebody, that’s a huge, huge win.”

-Blake Fasenthold Restorative justice has emerged as a new

or stigmatized by the experience, the

philosophy and alternative to the retributive

offender should feel more fully integrated

rationale or deterrence. Much of the

into his or her community. (Braithwaite,

concept has been borrowed from aboriginal

1989)

peoples, including the Inuit, Maori and Navajo (Perry, as cited in Pollock, 2014).

The ideology behind restorative justice notes that the aim is not to inflict punishment on the offender but to rather restore all parties to a prior state of “wholeness”. This philosophy is also known as reparative justice or peacemaking justice.

A basic dogma that surrounds restorative justice is the involvement of the victims in the search for a resolution that meets the

Mediations and conferences between the victim and offender are often a part of restorative justice efforts (Bazemore & Maloney, as cited in Pollock, 2014).

Restitution is also consistent with the ideals of restorative justice, but only if it is tied with specific needs of a victim and is meaningful to both (Schweigert, as cited in Pollock 2014).

The current understanding of prisons that prevails in the society does not really fit in with the rationale of restorative justice.

needs and can be realised by all parties in consensus. Another important component

Customarily, prison is associated with

of this philosophy is that the offender is not

punishment. Whenever a violation takes

to be condemned but rather needs to be

place, the offender is punished by putting

helped to make understood and see how he

him behind bars. Restorative justice

or she can repair the damage done. It is very

believes that making amendments for

important to treat the offender as a member

wrong doings or any other kind of

of the community. Far from being banished

mediation is a better solution to the problem

But They All Come Back – Rethinking the Incarceration System in India

26

than inflicting punishment on the offender.

some argue that restorative justice must be

Only in cases of serious violent crimes

included in the philosophy and rationale of

would

be

prisons in order for them to be a worthwhile

inappropriate. Prisons can be termed as a

endeavour (Pollock, Hogan, Lambert, Ross

type of banishment. Individuals who are

& Sundt, 2012). Programs do exist in

sent to prison get banished from the society

prisons around the world that advocate the

and no longer feel as part of the community.

principles and ethics of the restorative

Prisons not only injure the individuals but

justice rationale. Such prisons offer inmates

also injures the community because of loss

with a chance of giving back to the society

of the individual from the community.

and reparation by inculcating activities like

Thus, prison is basically inconsistent with a

victim-offender reconciliation programs or

restorative justice philosophy; however,

community

some argue that prison might become

producing

restorative if it were to fundamentally shift

charitable

its emphasis and objective to reparations to

cleanliness drives or even training service

specific victims and to safeguarding the

animals.

restitution

and

mediation

service materials

programs and

organizations,

goods

like for

organizing

dignity and humanity of the offenders (Perry, as cited in Pollock, 2014). In fact,

But They All Come Back – Rethinking the Incarceration System in India

27

LOOKING FORWARD..

Recently, there seems to be a renewed

The philosophies and rationales behind

attention on the treatment of prisoners re-

prison and punishment have been in a state

entering the society. Interestingly, the term

of constant change throughout human

‘reintegration’ was actually coined in the

history. The penal enterprise has always

late 1970s. After an almost complete

been in anarchy. It has always been

absence of public attention for over 30

associated with more than one philosophy

years, the problem of prisoners re-entering

or rationale. Public thought and prison

the society has arisen again in 2000s around

philosophy act as two opposing weights of

the world.

the same balance that keep trying to nullify

Years of research and study has now led the

each other to reach an equilibrium. They

common man including the inmates believe

always

strongly that the main objective of

answerable to each other. As the public

imprisonment

to

thought has changed with respect to crime

rehabilitate. But in actuality, this has never

and penology, so has the philosophy behind

been the case for last so many decades.

prison and punishment. If one side asks of

and

punishment

is

work

hand-in-hand

and

are

proof that imprisonment deters crime, we It is noticed that there is no proof

are told it's retributive. If the masses are

supporting the different rationales of

debating about locking their brothers

punishment. A thought persists that one can

behind bars, they are taken on educational

never be sure if imprisonment of criminals

tours and shown the carpentry and

stops them from committing crimes. Some

apprentice programs and pushed to prove

theorists and factions of the society strongly

that all this is good for them. If public thinks

argue that crime rates and prison rates have

that prison are vacation homes for criminals

no relationship with each other. This

then one is shown the perils of living in the

implies that imprisonment does not lead to

prison

decline in crime. Similarly there is also no

philosophy

evidence that treatment programs reduce

concepts. It is impossible to imagine a

crimes. The same applies to the research on

society with prison. Thus it is important to

education and vocational training in

come to common platform of understanding

prisons.

of what to expect from the penal system.

But They All Come Back – Rethinking the Incarceration System in India

environment. has

But

the

continuously

penal shifting

28

CHAPTER 4: PRISON AND ARCHITECTURE This chapter speaks about how architecture responds and relates to the institution of a prison and helps it realise the philosophy it is built on. Also, we see how the prison has evolved over the years with respect to architecture

and

some

of its basic

classification typologies.

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29

PRISON ARCHITECTURE Creating

built

environments

and

form ever follows function. This is the law.”

surroundings that provide a setting for human activity and interactions draws on

The architecture of a building reflects its

multiple disciplines including architecture

function and prisons are no different.

and law. Prisons can easily stand as paragons for such built environments whose intended purpose is punishment, deterrence,

incapacitation

and

rehabilitation. Human history has stood evidence to prison architecture always being as a direct physical translation of the societal thought of that era. From ancient Rome’s eerie Mamertine prison (a dungeon complex built under the city’s sewer system in 640 BC) to the humane and amiable spaces of Norway’s Halden prison, prison architecture proves much about how a society responds to and sees fit to treat an individual who violates the law. As expressed in Louis Sullivan’s quote:

Evolution in prison architecture is constant and is based on each society’s social climate and demands. Early prison designs found its origins in the concepts and ideologies of the Church with regard to penance and retribution. Modern prison designs have their foundations set in modern

concepts

and

rationales

of

punishment but a majority of prisons use deprivation of liberty through rigor and lack of privacy as a medium to treat the criminal.

In turn, implications of prison architecture constitute far more than the mere idea of punishment. Prisons have turned into spaces where the architecture and the built environment have a lasting impact on the

“It is the pervading law of all things

mind set of an individual – whether an

organic and inorganic, of all things

inmate or a member of the staff.

physical and metaphysical, of all things

human

superhuman,

and

all

things

of

all

true

Jim Davis (2009) in an article from The New York Times Magazines notes that:

manifestations of the head, of the heart, of the soul, that the life is recognizable in its expression, that

“It sounds odd to say, but it’s nonetheless true: we punish people with architecture. The building is the method. We put criminals in a locked

But They All Come Back – Rethinking the Incarceration System in India

30

room, inside a locked structure, and

a former tobacco warehouse designed to

we leave them there for a specified

produce and maintain high humidity.

period of time. . . It wasn’t always

Another example is Mumbai’s Arthur Road

so. Prison is an invention, and a

Jail built in the 1920s.

fairly recent one at that: it wasn’t

ideologies result in an architectural product

until

that

and environment that promotes a factor of

incarceration became our primary

negativity. Opposed to other institutions of

form of punishment.”

society that are designed on the guidelines

the

18th

century

Custodial architecture has always given more

significance

to

security

considerations and austere living conditions with very little attention being paid towards the creation of healthy living environments for prisoners. The viciousness of such permanent and hardened environment within the boundaries of a prison is known to result in drastic and erratic behaviour within inmates leading to extremities like suicide, insanity, depression and a whole

Such prison

of “grandeur” and “beauty”, a prison is generally a brutal and hardened institution with an overall grim aura surrounding it.

Where the whole belief behind architecture is to make a space more liveable and comfortable for its occupants, most prisons today experience a diametrically opposite phenomena. Negligence by authorities have turned

these

spaces

into

grotesque

examples of poor human living conditions and sources of epidemics.

assortment of different mental diseases.

Unfortunately

Stagnant spaces like these have affected its

incorporate designs that promote the health

users resulting in stress, loss of self-control,

of inmates or correctional workers. Ideally,

confidence and self-esteem.

modern prison designs should incorporate

For the past few decades, prison designers have faced the complex challenge of building prisons that serve many functions in a confined space and health improvement is usually accorded low priority in this regard. This challenge clearly becomes

adequate

modern

ventilation,

prisons

positive

rarely

interior

distractions and access to daylight, nature, art, symbolic and spiritual objects. It is also important to create an attractive and inviting

space

that

promotes

social

interaction and social support.

greater with old prisons that were designed

Despite many examples to the contrary,

with different objectives and punishment

some strides have been made in the

philosophies. Israel’s Damon Prison, for

construction of health-promoting prisons

example, lodges twenty prisoners per cell in

that provide humane living conditions.

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31

Many recently constructed prisons in

cruel punishment and are not conducive to

Europe have adopted architectural designs

prisoners’

with salutogenic effects. For example,

humanistic

Norway’s Halden prison is regarded as the

incarceration is strengthened greater by a

world’s most humane prison design. The

20% recidivism rate, which is less than half

exterior consists of bricks, galvanized steel

that of the United States or the United

and larch, rather than concrete, which is

Kingdom. The positive impact of such

more aesthetically pleasing. Internally, the

prisons on prisoners’ health as well as the

design incorporates art murals, jogging

recidivism rate is affirmed by reviews

trails and a freestanding two-bedroom

showing that good prison designs facilitate

house where inmates can host their families

custodial harmony, improve the wellbeing

during overnight visits. This prison was

of prisoners and staff and improve the

designed to reflect Norway’s humanist

prospects of prisoners’ rehabilitation and

philosophy in penology, which posits that

re-entry into the society (Fairweather &

repressive prison environments constitute

McConville, 2000).

But They All Come Back – Rethinking the Incarceration System in India

rehabilitation.

Norway’s

philosophy

towards

32

PUNISHMENT BY DESIGN – EVOLUTION OF PRISON SYSTEMS

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33

BIRTH OF THE PRISON Foucault’s Discipline and Punishment: The Birth of the Prison analyses the development of punishment within its social context. Punishment throughout the ages have been directed either to one’s body (through pain or loss of liberty) or to one’s possession (forfeiture or fines).

Methods of corporal punishment have included flaying, whipping, and beheading, dismembering and other means of torture or death (Newman, 1978). Execution was an economic as well as corporal punishment as the person’s estate was forfeited to the sovereign. This spectacle of torture was used to establish the sovereign’s power over the citizens, so as to deter any further crime by other citizens.

Before 14th century, prisons were simply used to hold people until they were either executed, paid their fines or were subjected to some form of corporal punishment (Conley, 1992). It wasn’t until 1700s that imprisonment for minor crimes became common. Instead of using torture of the body to leave the sovereign’s mark on the individual, the new system turned the criminal into the property of society.

Today,

punishment

is

synonymous

with

imprisonment.

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34

BENTHAM’S PANOPTICAN Jeremy Bentham, an English philosopher and social theorist, spearheaded the ideology behind The Panopticon in 1785.

The concept of the design was to allow the observer to observe (-opticon) all (Pan-) prisoners without the incarcerated being able to tell whether they were being watched or not.

The plan of The Panopticon was essentially circular with a ring of cells facing

inwards

towards

a

central

watchtower. The back of each cell was lit Figure 8: Elevation, Section and plan of Panopticon prison| Source: www.wikipedia.org

so that the shadow of the figure was easily

distinguishable.

Within

the

watchtower a lone guard could view each and every prisoner. A system of louvres and the inside of the tower being kept dark did not allow prisoners to see the guard. Visibility was a trap (Foucault, 1973).

“He is seen, but he does not see; he is the object of information, never the subject of communication.” – Foucault, Discipline and Punishment: The Birth of Prison

The prime concept of this design was that the prisoner would never know when he/she was being watched. This was intended to instil a sense of omnipresence over the individual, so, when he/she was to return to the society, this feeling of being watched lingered over them.

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35

Though never built, The Panopticon influenced the development of the two major

systems

of

incarceration,

the

Pennsylvania and Auburn systems in the early 19th century. Historian Dell Upton refers to systems like these as “optimistic repression.”

ANALYSIS AND OBSERVATIONS Even though the Panopticon was to be used in a dehumanizing way, common public was allowed to enter the premises and the watch tower as well. The fact that the public Figure 9: Artist’s impression of being locked up in the panopticon prison Source: www.studymore.org.uk

was allowed to view and gain their own opinions

and

perceptions

about

the

incarcerated is an important one.

The Panopticon was also seen as a laboratory, where occupants could be studied, and societal norms determined, before having these norms compared back against these individuals. As such it became

In today’s time, prisons are completely isolated from society. The only source of information about the prisoners is the media which generally provides the public with a distorted image of the crime and criminals

a “cruel and ingenious cage.”(Foucault,

for monetary gains.

1973)

In order to break down the existing social

For Foucault, “Bentham’s disciplinary

stigma of going to prison and provide the

apparatus, the Panopticon, was a veritable metaphor for the economy and distribution of power and surveillance in modern society.” (Foucault, 1973)

released prisoners with a chance to succeed in society, it is of utmost importance to create a more transparent membrane for interaction between inmates and the public.

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36

PENNSYLVANIA SYSTEM (SEPARATE SYSTEM) John Haviland came up with the Pennsylvania or The Separate system in his

design

for

the

Eastern

State

Penitentiary which opened in 1829. This also came to known as the ‘Hub-andspoke’ plan.

The design was based on a radial layout with seven different wings radiating from a central observation tower. The purpose of this tower was to provide the guards with unobstructed views and constant surveillance of the grounds of the prison Figure 10: Plan of Eastern State Penitentiary in 1836 Source: www.wikipedia.org

as well as of each of the wings.

Each wing contained two ranges of large single cells 8feet x 12feet x 10feet high with hot water heating, a water tap, toilet and individual exercise yards the same width as the cell. Each cell had a rectangular opening through which food and work materials could be provided to the prisoners. Also, there were peepholes to allow the guards to keep an eye on the prisoners without being seen. The cells were made of concrete with a single glass skylight.

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37

The halls were designed to have a feel of a

ANALYSIS AND

church. The doors were small, so that the

OBSERVATIONS

prisoners would have a harder time getting out minimizing an attack to a security guard. This also forced the prisoners to bow while entering their cells.

The concept behind the design for this system took inspiration from aspects of religion and penance. The church viewed imprisonment as an instrument of isolation

The cells had private exercise yards so that

so as to modify the sinful and detrimental

the prisoners would not leave their cells for

behaviour of the prisoner. It was believed

the entirety of their sentence and could not

that the time spent in prison would help the

communicate with each other. It was made

inmates to reflect on the crime committed

sure that no two prisoners would be out at

constructively, seeking redemption. The

the same time and hence accordingly the

skylight in each cell was synonymous to the

exercise time for each prisoner was

‘eye of God’ reminding the prisoner that

synchronised. Prisoners were allowed to

God was always on a look out.

occupy themselves with gardening and even keep pets in their exercise yards.

Social isolation was the crux of this system. The ideology behind this was that

This system finally eventually collapsed

solitude, separation from vice and moral

due to overcrowding issues.

instruction would provide the prisoners with an opportunity to reform themselves through self-reflection and repentance.

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38

AUBURN SYSTEM (SILENT SYSTEM) The "Auburn system" evolved during the 1800s with a plan for inmates to work silently together during the day and return at night to individual cells. This system developed a distinct architecture of its own where cells were stacked, back to back, facing outwards into a floor to ceiling open space (Johnston, 2000). The cells did not have doors; they instead had bars to provide adequate ventilation which meant that prisoners could communicate between cells so guards were set on duty to enforce silence and discipline.

Figure 11: Interiors of the Auburn State Prison Source: www.geocities.ws

During the day, prisoners worked together but in silence. They had their meals in a communal dining but in absolute silence.

And at night, they were locked up in their individual cells and again silence was strictly observed. This system believed that hard work and strict routines would turn the prisoners into functional members of the society.

As per the type of crime committed, the prisoners were separated and kept in different areas within the prison. Also, different clothing or uniform was utilised to separate each category.

But They All Come Back – Rethinking the Incarceration System in India

39

It was in the Auburn prison, that the popular

the prison. In fact, silk production was also

horizontal black and white striped uniform

undertaken during 1840s.

found its origin. Rather architecture, the

ANALYSIS AND

medium of silence was used to separate the

OBSERVATIONS

inmates. Most of the time the prisoners were together working and eating but in complete silence and were separated only at

The key point of difference between these two systems was that the separate system was

night.

identified

with

reformative

imprisonment, humanity and idealism, This system advocated two factors, one was

while the silent system was identified with

maintaining absolute silence at any given

retributive imprisonment, economy and

point of time for it was believed that lack of

realism.

speaking takes away the sense of self of the inmates

and

the

inmates

become

complacent and obedient to the authorities.

The second factor was the community activities.

Constructive

activities

like

Thus, the Auburn system replaced the schedule of prayers, contemplation and humane conditions with work and hard labour.

making “nails, barrels, clothing, shoes and

Europe embraced the separate system due

boots, carpets, buttons, carpenter’s tools,

to its reformative imprisonment where else

steam

combs,

America embraced the Auburn system as it

harnesses, furniture, brooms, clocks, bucket

was believed that reforming inmates did not

and pails” was undertaken by the prisoners

work and cost efficiency was a much more

and completed to bring in money to support

important factor.

engines

and

boilers,

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40

PENTONVILLE PRISON In

1842

Pentonville

prison

was

constructed in Britain. It was a hybrid between the radial system and the separate system. Pentonville prison’s form did not change drastically from the other two systems, what made it impressive

was

its

perfection

and

complexity in terms of its philosophy (Evans, 1982). It followed a radial layout Figure 12: Radial layout of the Pentonville Prison Source: www.wikipedia.org

with a central hall and five radiating wings. The guards at the centre could easily keep an eye on the wings but they could not watch the individual cells from their positions. As in the separate system, the prisoners were isolated in the Pentonville prison too.

This prison could accommodate 520 prisoners each having a cell 13 feet (4 m) long, 7 feet (2 m) wide and 9 feet (3 m) high with small windows on the external walls. Each cell opened onto a narrow landing in the gallery. Each cell was admirably ventilated and carried a water closet. This water closet would be constantly

blocked

or

used

for

communication so they were replaced by communal, evil-smelling recesses.

But They All Come Back – Rethinking the Incarceration System in India

41

systems was solved by this design. This model was not only replicated throughout Europe but it also influenced the design of New

Zealand’s

Mt.

Eden

prison.

Pentonville became the model for British prisons; a further 54 were built to similar designs over six years and hundreds throughout the British Empire.

Figure 13: Artist’s impression of the Pentonville prison circa 1842 Source: www.wikipedia.org

ANALYSIS AND The Pentonville prison followed the regime of the silent system. Prisoners were not allowed to communicate with each other.

When they were in the open to exercise they wore brown cloth masks and marched in silent rows. When they attended church they would sit in cubicles with their heads hidden from each other but visible only to the warden. In other words, it can be said that the Pentonville prison was not completely different from the other two systems rather it incorporated silence, strict discipline, separation and hard labour. It came to be known as the model prison.

The problems of ventilation, heating and

OBSERVATIONS It was observed that this system gave rise to mental disturbances within the inmate population. Christopher Hibbert, in his book The English mentioned that "for every sixty thousand persons imprisoned in Pentonville there were 220 cases of insanity, 210 cases of delusion, and forty suicides". But compared to other older prisons, in this case, the conditions were better

and

involved

in

healthier. work

Prisoners

such

as

were

picking

oakum(tarred rope) and weaving.

This model proved to be the end of the evolutionary change. (Evans, 1982)

communication inherent in the other

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42

OTHER SYSTEMS TELEPHONE POLE DESIGN The telephone pole design was popularly used between 1920s and 1970s. It was popular as it was easy to build barred grills across the pole and close them to confine offenders involved in a riot or disturbance which generally consisted of smaller groups. Hence, the telephone pole design prisons were primarily designed to control prison violence.

and a library. These buildings were separated and spread out over several acres within a secure perimeter. The objective was to allow inmates to move from one building to another. This movement outside in the open air rather than in a closed corridor created a positive effect on the environment of the prison. As well as, it encouraged decongestion as the location of the various buildings were decentralised which in turn further brought down the

As the name suggests, it was designed in a

likelihood of any tension occurring between

linear manner and consisted of a main

the inmates.

corridor with the cell blocks and program buildings extending from that corridor. It was quite secure as it was built like a fortress but the main drawback found was that it had many areas which were difficult to invigilate and so proved to be ideal places for propagation of violence like stabbing, beating etc.

COURTYARD DESIGN This design included the advantages of both the Telephone Pole and the Campus design.

The courtyard design is generally adopted for high security institutions. In this design there exists a courtyard in the centre and a corridor that runs around it to which cell blocks are attached. Movement of the

CAMPUS DESIGN

prisoners takes place in the corridor during

Campus style prisons were designed on the

the day. As such, the prisoners can be

lines of a campus. There were cottage

contained and isolated by closing the grills

accommodations sprawled around a town

of the individual cells. The centre of the

square which was equipped with common

courtyard acts as a recreation yard. Eg: Low

facilities like admission building, health

Newton and Newgate prison.

building, education building, visiting centre

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43

NEW GENERATION Though a number of new prison designs like the telephone pole layout came into being, the underlined philosophy of punishment remained the same. In 1974 through the Chicago Metropolitan Correctional Centre (MCC), a new model, known as New Generation model prison, was introduced.

This model was startlingly different from any prisons seen before and represented the first time since the nineteenth century radial Figure 14: Plan of inmate floor with cells arranged around perimeter Source: www.chicagomodern.wordpress.com

prisons that the architecture perfectly expressed

the

new

penal

philosophy

(Fairweather and McConville, 2000).

In this model, small pods or units which had a capacity of 40-60 inmates replaced the prison wings of the previous design. The triangular shape of the units provided good sightlines aiding supervision as the cells were wrapped around a central area which acted as a communal space.

It was for the first time that the officers were placed within the living quarters of the inmates, which was called as direct supervision.

This

aspect

of

direct

supervision redefined a guard’s role into that of a correctional officer.

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44

and could diffuse tense situations before it could gravitate into a full blown explosion.

Utilisation of Soft Architecture, or normal furnishings, like bright colours, reading lamps, carpets and wooden doors instead of the traditional raw interiors of a traditional prison reduced the feel of an institution and encouraged reformation and rehabilitation.

It was evident that where hard architecture vandalised inmates, the soft architecture initiated a sense of care taking within the inmates.

ANALYSIS AND

Figure 15: Utilisation of soft architecture for the interiors Source: www.blueprintchicago.org

OBSERVATIONS This New Generation model created an

As such, emphasis was laid on using the

extremely successful environment and

tools of communication and counselling

graffiti, vandalism, assault and sexual

instead of intimidation and violence.

assault practically became non-existent.

Smaller unit sizes, added to the idea of direct supervision, led to creation of a more personal

relationship

between

the

correctional officers and the inmates. This allowed correctional officers to be proactive rather than reactive in case of violence within the living units. This also helped the officers to cater to individual needs of the inmates and reach a better level of understanding of their personal situations and issues. In other words, the staff could empathise with the prisoner’s then situation

Also it was cheaper to build and operate such prisons as normal furnishings were used. It is a known fact that a leading cause of violence within the prison is stress.

Stress can be caused due to lack of control or being unable to regulate privacy, isolation, light, noise, overcrowding and exposure

to

nature.

Even

little

inconvenience over time can lead to stress which can blow into violence. As such, the New Generation model was successful as it laid emphasis on humanising and destressing the environment.

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45

TYPES OF PRISON SYSTEMS BASED ON GEOMETRICAL FORMATION HOLLOW TYPE (COURTYARDS)

opticon, it does not provide complete observation and control of the prisoners.

Radial formation many a times is placed in

TELEPHONE POLE TYPE

a square or a rectangular enclosure (outer walls).

LATERAL (LINEAR AND COMBINATIONS) TYPE

CRUCIFORM TYPE

Lateral formation includes two cell blocks

As the name suggests, the Cruciform type

arranged in a horizontal line with a small

derives its form from the Christian cross.

administration area interspersed between

This type consists of two wings with

the two cell blocks. Interiors of each cell

perpendicular intersection. There is a

block measures about 300 feet, the size of a

double line of prisoner cells separated by a

small football field. So it becomes

corridor in the middle. This takes place on

convenient for the guards to patrol the cell

each of the four wings. These wings could

blocks. As this layout is easily patrol-able,

be expanded if and when required. At times,

this type of prison is usually build without

three wings are reserved for cells and the

any walls around them.

fourth wing for management offices and

The basic concept of lateral formation is used to create an ‘L’, ‘U’ or ‘T’ shape prison using addition and changes of lateral formation.

common areas for the prisoners. An example of this type is the Ipswich prison built in 1790 and the Bullingdon built in 1991. Both buildings belong to the Cruciform type architecturally but have

RADIAL TYPE

different characteristics internally.

Radial formation is based on the design of the spokes of a wheel. The cell blocks are arranged as a spoke of a wheel connected to a central control area. Unlike in the pan-

SQUARE TYPE As the name suggests, the design is conceptually a square. Any prison that is

But They All Come Back – Rethinking the Incarceration System in India

46

essentially a square in plan comes under

generation design but the space is settled on

this typology. For example Ventura county

a square form.

jail has been built by a plan type of new

But They All Come Back – Rethinking the Incarceration System in India

47

PRISON MODELS BASED ON OBJECTIVES There are numerous ways in which prison

looked upon as outcasts but as important

models can be classified, on the basis of

members of the society. The idea behind

security like maximum prison, minimum

this is that the offender is a part of the

security

of

society and will have to return to the society

administration (like state, prison, central

upon completion of the punishment. So

prison, district prison); on the basis of

steps are taken to reform the inmate and

general typology of prisoners (like borstal

help them to reintegrate into society.

school, juvenile prison, hospital prison,

Hence, the offender is treated with trust,

women prison). But the apt way to classify

respect and understanding so that he returns

them would be on the basis of how the

to the society as a functional member.

society may want to treat a criminal on the

As such, the architectures plays a great role

basis of crime. Consequently the models

in integrating nature with design and

include the rehabilitation mode, the

coming up with a soothing and relaxing

safety model and the repressive model.

environment. Hence cells are designed

The criteria used to classify these prison

keeping in mind the comfort of the prisoner.

models are: inmate conditions and safety,

For this architecture makes use of colour,

staff conditions, ambiance created within

texture, light and creates places with

the prison, human rights considerations and

pleasant ambiance not only for the prisoner

the overall strategy put in place towards

but also for the guards so that the guards

criminal treatment.

and prisoners co-exist amicably with a

prison),

on

the

basis

common goal of achieving rehabilitation.

THE REHABILITATION

During daytime the prisoners work and interact with each other. Night time is

MODEL

utilised for introspection. Such models exist

The rehabilitation model is the most

in well-developed Central and North

humane model taking into consideration the

Europe countries like Norway, Holland,

human

and

Denmark, Austria and Belgium. The

understanding. Here the offenders are not

Hoogvliet Prison in Holland, Leoben

needs

for

comfort

But They All Come Back – Rethinking the Incarceration System in India

48

Justice Center in Austria and the Halden Prison in Norway are some examples of this model.

HALDEN PRISON, NORWAY Halden Prison was designed by Moller Arkitekter. It is considered as the “Most Humane Prison in the World” located near the Norwegian border with Sweden. This prison is very well integrated with nature.

As such local materials like mainly wood with concrete are used which has changed the look and feel of the prison. The prison offers numerous facilities to its inmates in addition to the cells like sports and medical

Figure 16: Entry path of Halden Prison | Source: www.architecturenorway.no

facilities, a library and shops where inmates can learn a useful trade that can come in handy for survival in society on release.

The psyche here is that an empty mind is a devil’s workshop. So the prisoners are kept busy and occupied which makes them less violent. As such they are less likely to resort to violence against the staff or amongst each other. The key principle is one of humanity – treat people like animals and

Figure 17: Galvanised steel façade at Halden Prison | Source: www.archdaily.com

they will continue to behave as such, but give them the opportunity and surroundings to realize their inner humanity and build on it and the people who are released may be more human than those who went in.

(Sturley, 2010)

Figure 18: Murals on the walls of Halden Prison | Source: www.publicartnorway.org But They All Come Back – Rethinking the Incarceration System in India

49

THE SAFETY MODEL

mentally. Instead of reducing violence it is

As the name suggests, this model is all about safety. Here, ‘safety’ stands for safety of the public from the criminals imprisoned.

It strives to keep the society safe from anti-

known to escalate violence within the prison premises. North Branch Correctional Institution in Maryland, USA is an apt example of this model.

social elements and works on the principle of supervision of criminals and keeping them isolated from the society. Hence it is based on methods to put a stop to contrabands, escapes, violence between inmates and guards. This type of prison is commonly found in USA.

NORTH

BRANCH

CORRECTIONAL

INSTITUTION, USA North Branch Correctional Institution was designed like and inverted fortress the main aim being to keep the inmates from escaping the prison by means of a complex

The key objective of the architecture of the

system of security measures. In this prison,

safety model is to prevent the prisoners

the cells were placed at the centre of the

from escaping. As such, it is built on the

complex. Each cell could accommodate 2

lines of a fortress with a succession of

inmates and possessed a raw and severe

layers designed to keep the criminals in.

ambiance to account for vandalism by the

This way of thinking forms the foundation

inmates. In order to escape, an inmate

for the construction of super-max prisons.

would not only have to break through the

Supermax prisons are constructed with the

reinforced concrete walls of the cells but

objective to isolate criminals. The prisoners

also through a number of high tech

are allowed only one hour to exercise in an

surveillance systems including central

outdoor space – a metal cage in isolation,

control tower and the prison guards

while the rest 23 hours the prisoner is forced

manning the grounds. NBCI is the largest

to spend in the cell again in complete

and the most technological advanced

isolation. The safety model does not pay

institution in the USA which was after an

attention to human psyche and needs, it

in-depth research and study concerning all

only

economically

aspects of a prison like in-prison violence,

efficient by cutting down costs through

contraband, analysis of escapes as well as

extreme measures like reducing quality and

furniture quality and blind spots.

keeps

the

prison

quantity of food, uncleaned and poor hygiene of cells. These have a negative impact

on

prisoners

physically

and

But They All Come Back – Rethinking the Incarceration System in India

50

David Bezanson from the Maryland Department

of

Public

Safety

&

Correctional Services feels that “We have to build them hard, we have to build them strong and we have to build them to last.”

THE REPRESSIVE MODEL The repressive model was designed to repress and oppress the fundamental rights Figure 19: North Branch Correctional Institution, USA Source: www.mascaroconstruction.com

of the prison. It is the cruellest, roughest and inhumane model of all. It is characterized by secrecy and introversion and contains intentional violence of human rights. This model embraces horrors of the worst kind to deter people who try to challenge the prevalent regime. The prison buildings are mostly in a deteriorate state and lack the minimum facilities. The cells are indecent living places which are poorly equipped and prisoners are just pushed in without giving any thought to a systematic segregation of adults-minors, young-old, man-woman, common criminal-political prisoners. As everyone was put in the same cell, it endangered their lives and if this did not lead to death then there were guards who tortured them mercilessly. Still if live

Figure 20: Cells at the North Branch Correctional Institution, USA | Source: www.mascaroconstruction.com

manged to survive, the improper conditions like insufficient food, water, heat, lack of medical and legal help would deal the final blow. It is highly improbable to survive such a harsh treatment and environment.

But They All Come Back – Rethinking the Incarceration System in India

51

These

repressive

models

thrived

in

The Abu Ghraib prison was built in the

countries and regions with dictatorial or

1960s by a British company. The prison has

totalitarian regimes. One such repressive

24 control towers spread over an area of 1.5

model can be seen in the Abu Ghraib prison

square kilometres with five fenced areas

in Iraq that flourished under Saddam

consisting prison cell blocks. Each cell was

Hussein’s rule.

a 4m x 4m room and was overcrowded

ABU GHRAIB PRISON, IRAQ

holding up to 40 people at a time. Basic

Under the regime of Saddam Hussein, Abu Ghraib prison was popularly referred to as Saddam’s Torture Cell wherein twice a week

people

were

executed

and

controversial medical experiments were

facilities like plumbing was absent, water was scarce and power outages were common. Moreover, everything that was movable was stolen – doors, bricks, appliances.

carried on them. After the fall of Saddam,

CIA Bureau chief Bob Baer reported,

the place was still utilised for killing and

“There were bodies that were eaten by

torture but under the Ba’ath government

dogs, torture. You know electrodes coming

and

out of walls. It was an awful place.”

then

under

the

American

Administration.

Figure 21: Remnants of the Abu Ghraib Prison in Iraq | Source: www.islamicinvitationturkey.com

But They All Come Back – Rethinking the Incarceration System in India

52

Lateral Typology

Table 1: Lateral Typology prison But They All Come Back – Rethinking the Incarceration System in India

53

Square Typology

Table 2: Square Typology prison But They All Come Back – Rethinking the Incarceration System in India

54

Hollow Square Typology

Table 3: Hollow Square Typology prison But They All Come Back – Rethinking the Incarceration System in India

55

Rectangular Typology

Table 4: Rectangular Typology prison But They All Come Back – Rethinking the Incarceration System in India

56

Triangular Typology

Table 5: Triangular Typology prison But They All Come Back – Rethinking the Incarceration System in India

57

Cruciform Typology

Table 6: Cruciform Typology prison But They All Come Back – Rethinking the Incarceration System in India

58

Telephone Pole Typology

Table 7: Telephone Pole Typology prison But They All Come Back – Rethinking the Incarceration System in India

59

Panopticon Typology

Table 8: Panopticon Typology prison But They All Come Back – Rethinking the Incarceration System in India

60

Radial Typology

Table 9: Radial Typology prison

But They All Come Back – Rethinking the Incarceration System in India

61

Radial Typology

Table 10: Radial Typology prison But They All Come Back – Rethinking the Incarceration System in India

62

CHAPTER 5: CRIME IN INDIA This

chapter

expresses

the

growing

concern for crime in India and discusses the statistics and trends. It talks about how the Indian judicial and penal system classify crime. We take a look at why, on global level, is India’s crime rate regarded low even when the reality is quite different.

But They All Come Back – Rethinking the Incarceration System in India

63

CRIME IN INDIA “In India, we only read about death, sickness, terrorism, crime.”

- A. P. J. Abdul Kalam Criminalization is a social phenomenon, which has and is continuously impacting the value systems of the society. Emergence of a society is divided on the basis of class, caste and education.

This division has made crime an easy and an acceptable way of getting wealth and power by a growing number of individuals. Indian society is complex and has its own unique character due to myriad of classes, caste and levels of education and thus the phenomenon of crime needs to be seen in terms of its peculiar nature.

India has witnessed rapid socio-economic changes since independence. Various institutions have been created and recreated due to structural and Figure 22 | Source: ‘Violence’ by Raj Birdi

cultural changes over the past six decades. Whitecollar crime has acquired new depth and dimensions. Political institutions have changed very rapidly and defined cultural norms have not kept pace with them. Hence, there is a ‘cultural lag’ in today’s India. And this is very concerning.

Aspirations for status elevation have also increased in recent years. A number of people have adopted malpractices to acquire high status.

Economic unevenness among different sections of society has been caused partly by the social heritage of the people and partly by the processes of modernisation and change.

But They All Come Back – Rethinking the Incarceration System in India

64

The status hiatus created by these factors

weak, the white-collar workers indulge in

has been responsible for creating situations

bribery and corrupt practices. Corruption

of crime and delinquency.

has become a dangerous threat to both the

The Bureau of Police Research and Development homicide,

has

reported

adulteration

of

murder, medicines,

abduction, rape, dacoity, loot, burglary, theft, rioting, forgery, embezzlement and breach of trust as the major criminal activities. According to National Crime

Indian state and society. Crimes against women are on a rise especially in the northern states of India, specifically Delhi UT, Uttar Pradesh, Bihar, Haryana. Every one hour, an average of four cases of rape were reported in the country in the year 2015.

Records Bureau (NCRB), in 2015, 21.2%

Even though the national data on crime and

of all crimes committed were ‘crimes

criminals paints a ‘rosy’ picture for India

against

robbery,

when compared at the international arena,

criminal trespass, burglary, theft) and

the situation of crime in India is bad and is

29.1% of all crimes committed were ‘crime

only bound to get worse.

against

property’

body’

(dacoity,

(murder,

homicide,

__________________________________

kidnapping and abduction, dowry deaths, human trafficking, rape). A number of crimes also remain unreported in the police

The Indian Penal Code (IPC) is the main

records, particularly in the rural areas.

criminal

Crime and criminals are not only restricted

comprehensive code intended to cover all

to the bottom of social and economic

substantive aspects of criminal law. It lists

hierarchies. Economic offences and crimes

down the various acts considered as

are

the

criminal acts by the government of India

economically well-off and well-placed

and means of punishment for the same. It

people in society.

came into force in British India during the

committed

more

often

by

code

of

India.

It

is

a

early British Raj period in 1862. The Code Tax evasion, smuggling and bribery are some of the common crimes committed by members of the upper strata of society.

has since been amended several times and is now supplemented by other criminal provisions.

India being a developing country has an institutional set-up employing lakhs of

The Code of Criminal Procedure (CrPC)

people. Since the poor are ignorant and

is the main legislation on procedure for

But They All Come Back – Rethinking the Incarceration System in India

65

administration of substantive criminal law in India. It was enacted in 1973 and came into force on 1 April 1974. It provides the machinery for the investigation of crime, apprehension

of

suspected

criminals,

collection of evidence, determination of guilt or innocence of the accused person and the determination of punishment of the guilty.

NON-COGNIZABLE CRIMES Non-cognizable crimes are defined as those which cannot be investigated by police without

the

magistrate.

order Police

of

a

do

competent

not

initiate

investigation in non-cognizable crimes except with magisterial permission. First schedule

of

the

CrPC

gives

the

The Indian Penal Code and Criminal

classification of the offences of the IPC into

Procedure Code (CrPC) classifies all the

cognizable and non-cognizable categories.

crimes into two categories: Cognizable

(NCRB, 2015)

and Non-cognizable

COGNIZABLE CRIMES A cognizable offence or case is defined as the one in which an officer in-charge of a police station may investigate without the

CLASSIFICATION OF CRIMES UNDER THE INDIAN PENAL CODE (IPC) 1. Crimes

order of a magistrate and effect arrest

against

body:

Murder,

Attempt to commit murder, Culpable

without warrant. The police have a direct

homicide not amounting to murder,

responsibility to take immediate action on

Attempt

the receipt of a complaint or of credible

to

Culpable

Homicides,

Kidnapping & Abduction, Grievous

information relating to such crimes, visit

hurt, Causing death by negligence,

the scene of the crime, investigate the facts,

Causing

injuries

under

rash

apprehend the offender and arraign him

driving/road rage, Human trafficking

before a court of law having jurisdiction

(under Section 370/370A IPC).

over the matter. Cognizable crimes are broadly categorised as those falling either

2. Crimes

Offences:

Rape, Attempt to rape, Assault on

under the ‘Indian Penal Code (IPC)’ or

women with intent to outrage her

under the ‘Special and Local Laws (SLL)’.

modesty, Insult to modesty of women.

Crimes under SLL are usually defined by each state of India. (NCRB, 2015)

under Sexual

3. Crimes Offences:

But They All Come Back – Rethinking the Incarceration System in India

relating

to

Property

Dacoity,

Making 66

preparation committing

and

assembly

dacoity,

for

under section 121, 124A IPC and

Robbery,

promoting enmity between different

Criminal trespass/Burglary and Theft;

groups;

4. Crimes relating to public order:

8. Crime against Children: Foeticide,

Riots, Arson, Unlawful assembly and

Infanticides, Procuration of Minors,

Offences promoting enmity between

Selling/Buying of minors etc.

different groups; 5. Crimes

relating

9. Crimes to

against

Women:

Rape,

Economic

assault on women with intent to

Crimes: Criminal breach of trust,

outrage her modesty, insult to the

Cheating, Forgery and Counterfeiting;

modesty of women, cruelty by husband

6. Human Trafficking:

or relative, etc.

Cases under

section 370/370A of IPC, procuration

10. Crimes against SCs & STs: Cases

of minors, Importation of girls from

under the Protection of Civil Rights

foreign country, selling & Buying of

Act, the SC/ST (PoA) Act etc.

minors for prostitution;

11. Other Crimes

7. Crimes relating to Offences against the State: Offences against the State

But They All Come Back – Rethinking the Incarceration System in India

67

Source: The Times of India, August 2015

Source: Hindustan Times, August 2016

Source: The Hindu

Source: Youth Ki Awaaz, November 2012

Source: The Hindu, August 2015

Source: Hindustan Times, December 2012 Figure 23: Collage of infographics representing rise of crime in India

But They All Come Back – Rethinking the Incarceration System in India

68

CRIME IN INDIA – TRENDS AND STATISTICS • A Total of 73,26,099 cognizable

crimes

comprising of 29,49,400 Indian Penal Code (IPC) crimes and 43,76,699 Special & Local Laws (SLL)

crimes

were

reported during 2015, showing 1.3%

increase over

of

2014

(72,29,193).

• The incidence of IPC and SLL crimes during the decade 2005-2015 reported growth

a

higher

of

45.8%

compared to a 14.2% Table 11 | Source: Crime in India 2015, NCRB

population

growth

during the same decade.

• IPC Crime Rate (per 1 lakh

population)

has

increased 41.7% during the decade 2005-2015 from 165.3 in 2005 to 234.2 in 2015. Increase of 2.2% was reported in 2015 over 2014

Figure 24 | Source: Crime in India 2015 NCRB But They All Come Back – Rethinking the Incarceration System in India

69

•

Maharashtra accounted for 9.3% of total IPC crimes reported in the country followed by Madhya Pradesh (9.1%), Kerala (8.7%), Uttar Pradesh (8.2%), Rajasthan (6.7%), Tamil Nadu (6.4%), Delhi (6.5%) and West Bengal (6.1%).

Figure 25 | Source: Crime in India 2015, NCRB

But They All Come Back – Rethinking the Incarceration System in India

70

•

Delhi UT reported the highest crime rate of 916.8 per 1 lakh population under IPC crimes followed by Kerala (723.2), Madhya Pradesh (348.3), Assam (321.8), Haryana (310.4), Telangana (290.7) and Rajasthan (273.9).

•

Crime rate IPC means number of IPC crimes per 1 lakh population (1,00,000). Figure 26 | Source: Crime in India 2015, NCRB

But They All Come Back – Rethinking the Incarceration System in India

71

Figure 27 | Source: Crime in India 2015, NCRB

Figure 28 | Source: Crime in India 2015, NCRB

But They All Come Back – Rethinking the Incarceration System in India

72

INDIA VS WORLD: WHY INDIA HAS A ‘LOW’ CRIME RATE India, the world’s largest democracy, is riddled with crime at every nook and corner. One would think it is bound to have one of the highest crime rates in the world. But, data suggests otherwise.

According to the United Nations Office on Drugs and Crime (UNODC), on seven counts of serious crime – which include murder, assault, rape, kidnapping, sexual violence, theft and burglary – Sweden (with 6,456 crime per 1 lakh population), Denmark (6,041) and Netherlands (5,523) have high rates of crime. While Somalia (1.5), Iraq (2), Libya (2.9) and Haiti (5) constitute the countries with the lowest crime rates. India’s crime rate (87) finds contemporaries with the likes of Lebanon (59), Yemen (67) and Kazakhstan (96). In such a situation, it would not be wrong to say that there is something seriously amiss somewhere.

It is very absurd to say that a country like Somalia (HDI Rank: 243) or even India (HDI Rank: 130) for that matter is a safer country to live comfortably in compared to the likes of Denmark and Netherlands that rank 4th and 5th respectively on the Human Development Index (Human Development Report – UNDP, 2015).

Figure 29 | Source: UNODC; The Indian Express But They All Come Back – Rethinking the Incarceration System in India

73

It is a well-known fact that violent crimes like hostile acts, piracy, kidnapping and robbery to name a few are rampant in Somalia so much so that tourists travelling to Somalia are advised to obtain kidnap and recovery insurance and medical evacuation insurance prior to travel. Hence, it can be said that these numbers which represent crime rates are a blatant lie or the data gathered is inaccurate. This is because of the way the government and civil society of a country respond to crime and the method by which law and order is measured.

Figure 30 | Source: India Human Development Report 2011; Indiaspend.com

Looking within India, a lot of disparity is observed between the crime rates of different states. Let’s take the example of Bihar, Madhya Pradesh, Gujarat and Kerala. Bihar is the third most populous state, as such, it is a poor state with India’s lowest per capita income and is third from the bottom on HDI (Human Development Index) amongst the States of India. HDI includes life expectancy, education and income. Still, Bihar claims to have one of the lowest crime rates in India.

Kerala, on the other hand, which tops India’s HDI and is comparatively less Figure 31 | Source: NCRB, Crime in India 2014; Indiaspend.com

But They All Come Back – Rethinking the Incarceration System in India

populated, displays a high crime rate.

74

In 2014, Bihar reported 177,595 cognizable

fights crime by manipulating data primarily

crimes while the states of Madhya Pradesh,

by not reporting it.

Rajasthan and Kerala recorded 272,423; 210,418

and

206,789

such

crimes

respectively. Bihar has a population of 104 million while Madhya Pradesh, Rajasthan and Kerala has 72.6 million, 68.5 million and 34.8 million respectively. This means that Bihar with a population 44% higher has 35% fewer crimes than Madhya Pradesh.

(Crime in India – NCRB, 2014)

In 2014, Bihar reported 574 assaults on women with “intent to outrage modesty” while Madhya Pradesh reported 9618 such cases, Rajasthan had 6015 such cases and Kerala with 1/3rd the population of Bihar and supposedly a better place for womenreported 4412 assaults – about 8 times more than Bihar. Bihar also reported fewer rapes than Madhya Pradesh, Rajasthan or even Kerala. (Crime in India – NCRB, 2014) Bihar being a backward state, has a very orthodox

cultural

and

religious

environment wherein crimes like assault on women are hardly considered as crimes and so go unreported. Moreover, the social stigma attached to crimes like rape also dissuade people from reporting it to the police.

Bihar reports more dowry deaths than Madhya Pradesh, Rajasthan, Kerala and Gujarat combined. This indicates that there Figure 32 | Source: NCRB, Crime in India 2014; Indiaspend.com

is no social respect for women in Bihar.

Women are indeed a target of violence but

One possible explanation for this is due to the fact that crimes like rape and assault can be hidden or not reported but others that result in a body such as murder or dowry

crimes against them are not reported.

However, general murders and dowry deaths produce a body so it becomes a situation hard to hide.

death cannot be hidden. Hence, it would not

Bihar’s murder is higher than either MP,

be wrong to say that it is obvious that Bihar

Rajasthan, Gujarat or Kerala. One possible explanation is that Bihar is generally low on

But They All Come Back – Rethinking the Incarceration System in India

75

crime but, for some reason, is more prone

suspended as they could not score

to murder. The other explanation is that

more than a 30% drop.”

crime in Bihar is under-reported—a process called burking–except for murder, where there is a body that cannot be ignored without some form of due process. Bihar’s murder rate is substantially worse than

Non registration of FIRs is a chronic problem of policing. In fact Uttar Pradesh cadre IPS officer Rajeev Krishna, claims that only 9%-21% of all crimes in India get registered by police. 30% people never

other larger states and above the national average.

In India, the crime rate is seen low primarily due to refusal to lodge FIRs. In fact as soon as the crime rate graph ascends the ruling minister reprimands the concerned officer to lower the crime rate who in turn stops lodging the FIRs. The Indian Express, in its article titled ‘Why India has a low crime rate’, cites an interesting anecdote by Prakash Singh, former Director General of Police, Uttar Pradesh: “When

I

was

a

young

superintendent of police in Uttar Pradesh,

the

then

principal

secretary (home) B. J. Khodaiji, on instructions from the government, issued an order. It said that crime should be brought down by 50%.

Since it was not possible officers resorted to burking, that is, non-

Mayawati came to power she asked

Figure 33 | Source: International Crime Victimisation Survey; The Indian Express 2016

for crime to be reduced by 70%. At

50% are turned away by the police.

registration of FIR. Later when

report a crime to the authorities while over

leastz half a dozen officers were

But They All Come Back – Rethinking the Incarceration System in India

76

survey

interventions. Rajeev Krishna, in the

conducted in Tamil Nadu by noted

newspaper article ‘Why India has a low

criminologist K. Chockalingam found that

crime rate’ by The Indian Express,

only 4% of sexual offence victims report

expressed the following:

A

2003

crime

victimisation

the crime.

“In developed countries in Europe and

Rajeev Krishna proposed changes in laws

America,

and systems that would make police not

conduct crime victimisation survey

only more efficient but also transparent.

(CVS) to get a sense of the level of

Some of his suggestions included a

crime in a region or state. The

statutory status to crime victimisation

difference between survey results and

survey, legal recognition of calls made to

crime actually registered are taken

dial 100 (police control room) as FIRs,

seriously and attempt is to minimise

digital recording of complaints and oral

the gap. No such system exists in

evidence and step by step tracking of

India.”

investigations

through

governments

regularly

technological

WHY INDIA HAS A ‘LOW’ CRIME RATE

DON’T REPORT IT: HOW BIHAR FIGHTS CRIME

Deeptiman Tiwary | Updated: January 12, 2016

Amit Bhandari | Updated: May 24, 2016

Figure 34: Newspaper articles | Source: Indiaspend.com; The Indian Express 2016 But They All Come Back – Rethinking the Incarceration System in India

77

CHAPTER 6: PUNISHMENT IN INDIA This chapter looks at how the definition of punishment has changed and evolved over the years in India. It details the prevalent conditions of prisons in India as well as the various views of numerous prison reform committees that has been laid out since ancient India. We also see the basic classification of prison and prisoners in the Indian penal system.

But They All Come Back – Rethinking the Incarceration System in India

78

INCARCERATION SYSTEM IN INDIA – HISTORICAL BACKGROUND The word ‘Prison’ is derived from the Latin word which means to “seize”. The Oxford Dictionary defines prison as, “A place properly arranged and equipped for the reception of persons who by legal process are committed to it for safe custody while awaiting trial or punishment”.

According to the Government of India Prisons Act of 1870, ‘prison’ means any gaol or penitentiary and includes the grounds or buildings occupied for the use of the prison.

Prison

means

any jail

or

place

used

permanently or temporarily under the general or special orders of a Local Government for the detention of prisoners.

Prisons in the form of dungeons and vaults have existed from time immemorial around the world.

In

his

book,

‘The

Future

of

Imprisonment’, Novel Morris speaks about the extensive use of punitive imprisonment as a form of punishment in ancient Rome, Egypt, China,

India,

Assyria,

Babylon

and

Renaissance Europe. But the prison, as we know it now, came into existence as a house of detention and punishment rather recently.

But They All Come Back – Rethinking the Incarceration System in India

79

ANCIENT INDIA

MEDIEVAL INDIA

In ancient India, prisons were known only

The penal system in medieval India was

as places of detention for offenders

similar that of ancient India.

awaiting trial or judgement or punishment.

During the Mughal rule, the rules and laws

The act of being confined behind bars was

for the penal system took inspiration from

not the actual punishment as it is in the

the Quran. Crimes were divided into three

present. The structure of the society in

groups

ancient India was founded on the principles

offences against state and offences against

enunciated by Manu and explained by

private persons. Imprisonment was not

Yagnavalkya,

others.

resorted to as a form of punishment for

(Aiyangar, as quoted by Raju, L.P.) The

common criminals but only for the Nobles.

various corporal punishments included

There were fortresses situated in different

banding, hanging, mutilation and death.

parts of the country, in which the criminals

Imprisonment was the mildest form of

were detained pending trial and judgement.

penalty in ancient Indian penology. The

There used to be three ‘Noble prisons or

main aim of imprisonment was to keep the

Castles’ in Mughal India – Gwalior,

wrongdoers away from the society. These

Ranthambore and Rohtas. Some rooms in

prisons were totally dark dens, cool and

rooms, popularly known as Bandhi khanas

damp, unlighted and un-warmed. There was

or Adab khanas, were reserved for

no proper arrangement for sanitation and no

offenders and prisoners. (Raju, 2014)

Kautilya

and

name

offences

against

God,

means of facility for human dwelling.

During the Maratha period as well,

(Upadhya, 1978)

imprisonment as a form of punishment was Fine,

imprisonment,

banishment,

not very common. The form of punishment,

mutilation and death sentences were the

as during the ancient and Mughal period,

punishments in vogue. Fine was the most

continued in the Maratha period also.

common form of punishment. According to Hiuen Tsang, the condition of prisons and prisoners Prisoners

was

far

generally

from

satisfactory.

received

harsh

treatment. At the time of the Royal coronation, prisoners were released. (Raju, 2014)

MODERN INDIA The prison system, as it operates today in India, is a legacy of the British rule. It was an ingenious creation of the colonial rulers over our indigenous penal system with the

But They All Come Back – Rethinking the Incarceration System in India

80

prime motive of making imprisonment “a

About this incident, E. C. Wines wrote,

terror to wrong doers”.

“The murder of the Governor of the

In 1784, the British Parliament gave the

most important prison in India was

East India Company the power to rule

the immediate moving cause of the

India. Since then, some attempts were made

broad and exhaustive enquiry which

to bring about a change in the penal system

was at once set on foot. The evidence

in India. E.C. Winese observed that,

collected

which considerable attention was

that country, has grown up by degrees,

given to the physical condition of the

until, as the empire was consolidated introduced

into

prison

reached the stage of development in

Empire, like the British rule itself in

order

that

discipline had at that time only

“the prison system in the Indian

and

shows

inmates of the prisons. But, not much

all

to the moral relations and agencies.”

departments of the Government, the treatment of criminals took its place

This

among the recognised branches of

McCauley, the then Law member of the

judicial administration”.

Supreme Council of India. His report

H. S. Stratchey made a survey of jail

report

was

prepared

by

expressed,

accommodations throughout the territories

“The best criminal code can be

of the East India Company in 1805. Before

very little use to a community

1835, “there were 143 civil jails, 75

unless there be a good machinery

criminal jails and 68 mixed jails”. (Roy,

for the infliction of punishment.”

1989)

Lord

The major recommendations of this report included abolition of outdoor labour,

LORD MCCAULEY REPORT, 1835

COMMISSION

introduction of indoor work, introduction of the Separate System, better classification of

Till 1835, no attention was paid to the

convicts, separation of untried prisoners,

conditions of prisons in India. The murder

the institution of central or convict prisons

of a Thomas Richardson, the Magistrate of

and the regulation of the prison system by

24 Parganas and the superintendent of the

employment of inspectors of prisons.

jail at the Presidency of Calcutta, was the moving cause of attention to the jail problem.

But They All Come Back – Rethinking the Incarceration System in India

81

THE PRISON DISCIPLINE COMMITTEE, 1836 The

committee

made

recommendations

specific

regarding

the

rigorous

accommodation, improvement in diet,

treatment and rejected all notions of

clothing, bedding, medical care of the

reforming individuals like moral and

prisoners and for the appointment of

religious teaching, education or any system

Medical Officers in jails. The commission

of

It

fixed the required minimum space for one

recommended the engagement of all

prisoner as 54 square feet and 640 cubic

convicts in some form of dull, monotonous,

feet. It also recommended the separation of

wear some task. The purpose of prisons

male prisoners from females and children

according to this committee was to make

from adults.

rewards

increased

commission

for

good

conduct.

“the gaol a place of dread through a ruthless process of severe privation, really hard work, solitude, silence and separation.”

(Roy, 1989) In accordance with the recommendation of the committee, the Central Prison was constructed in Agra in 1846. This became a model for prison construction and led to the contructions of

In 1870 the Government of India passed Prisons Act based on this. It laid down that there should be a Superintendent, a Medical Officer, a Jailor and such subordinate officers as the local government thinks necessary.

(Raju,

2014)

This

act

categorically specified the duties of the prison officials.

prisons at Bareilly and Allahabad in 1848, at Lahore in 1852, at Madras in 1857, at

Banaras and Fatehgarh in 1864 and at

THE CALCUTTA CONFERENCE, 1877

Lucknow in 1867. (Roy, 1989) This was the

A conference of experts was convened at

positive contribution in the sphere of Prison

Calcutta in 1877 to look into the working of

Reforms in this country, along with its

prison administration in India. Its studies

advocacy of the theory of retribution in

and findings extended over the whole field

prison administration.

of prison discipline and administration.

Bombay in 1864, at Alipore in 1864 at

COMMISSION OF JAIL MANAGEMENT AND DISCIPLINE, 1864

One major finding of this commission was that “The various laws relating to prisons have been passed are incomplete, imperfect

The British regime was only interested in the prison from the point of view of administration

and

discipline.

and nowhere lay down great leading principles of prison discipline.”

This

But They All Come Back – Rethinking the Incarceration System in India

82

THE FOURTH JAIL COMMISSION, 1888

country. The committee departed from the traditional outlook of prison administration and advocated for a new vision for prisons.

In 1888, the Fourth Jail Commission was

For

appointed by Lord Dufferin to inquire into

‘rehabilitation’ of prisoners were identified

the facts of prison. This commission

the

first

time,

‘reformation’,

as objectives of prison administration.

reviewed the previous reports of 1836, 1864 and 1877 and made inquiry into all matters

The committee recommended that the care

connected with jail administration. It was of

of criminals should be entrusted to

the opinion that uniformity could not be

adequately trained staff and rejected the

achieved without the enactment of a single

idea of excessive employment of convict

Prison Act.

officers. The committee condemned the presence

of

children

in

jails

and

recommended establishment of separate

THE PRISONS ACT, 1894

institutions like Borstal Schools for juvenile Based on the 1888 Jail Commission report, a consolidated prison bill was prepared.

This bill was later passed and came to be known as the Prisons Act, 1894. This act is still in use and forms the existing law governing

the

management

and

administration of prisons in India. This Act is based on deterrent principles and concerned more with prison management than with the treatment of prisoners. It gives more consideration to prisoner offences and punishments than to their effects.

THE INDIAN JAIL COMMITTEE, 1919 - 1920

delinquents. They took serious views on the transportation of convicts to Andaman Islands

and

recommended

that

discontinuation of the practice. All convicts below 29 years of age were to be cared under adult education programmes and libraries were to be established in all jails.

Quality of food to be improved and prisoners were to be provided with two sets of clothing. The commission underlined the idea of reform of inmates as ultimate objective rehabilitation

of of

imprisonment prisoners

as

and social

necessity. (Raju, 2014)

The Indian Jail Committee was appointed

Under some pretext or the other many

by the British Government to investigate

recommendations of the committee were

the matter of jail management and suggest

not implemented. Unfortunately the prison

improvement. This committee is treated as

reform movement received a sudden

the turning point of prison reforms in the

setback due to the constitutional changes

But They All Come Back – Rethinking the Incarceration System in India

83

Act of 1919. The Act transferred the jail

THE ALL INDIA JAILS MANUAL COMMITTEE 1957 - 1960

department from the control of the

The report of the All India Jails Manual

Government of India to that of Provincial

Committee and the Model Prison Manual

Government.

prepared by the committee are regarded as

brought about by the Government of India

With the dawn of independence, prison reform was given increased attention.

Indian leaders were ready with a blue print for the industrial development of the country, but the jail reform could not escape their eyes as all of them passed their prime

commendable documents on the Indian prison system. They not only enunciated principles for an efficient management of prisons but also lay down the scientific guidelines for corrective treatment of prisoners. The committee expressed that “The institution should be a centre

life in the jails.

of correctional treatment where major emphasis will be given on the

RECKLESS COMMISION REPORT, 1952 While

local

committees

were

reduction and reformation of the offender.

being

institutional

appointed by the state governments to

constructive

India invited Dr. W. C. Reckless, a United

and

changes

in

the

profound and lasting effects on his

1952 to study the Indian prison system and

habits, attitudes, approaches and

suggest improvements. His report titled in

environment

of

offender, as would be having

Nations expert on correctional work, in

Administration

impacts

treatment shall aim at producing

suggest prison reforms, the Government of

‘Jail

The

on his total values of life.”

India’

recommended the transformation of jails

The committee touched upon the following

into

aspects:

reformation

centres

and

establishment of new jails. opposed

the

handling

of

the

His report

•

Headquarters organization

juvenile

•

Diversification of institutions based

delinquents by courts, jails and police

on sex, age, criminal record,

meant for adults.

security condition and treatment.

But They All Come Back – Rethinking the Incarceration System in India

•

Architecture and building

•

Accommodation

•

Constitution of Advisory boards 84

•

Recruitment, selection and training

recommendations were largely based on

of prison personnel

after care, rehabilitation of prisoners (Mulla

•

Discipline

Committee) and induction of women as

•

Basic facilities

correctional guards at women prisons and

•

Daily routine and education of

juvenile homes (Krishna Iyer Committee).

prisoners

The above mentioned commissions and

•

Vocational training

reports prove evidence to the numerous

•

After Care and rehabilitation

instances taken to reform the conditions of

•

Classification of prisoners (i.e.

the prison system in India. Despite all these

women, life convicts,

efforts and time spent, a majority of the

Two

habitual

offenders, lunatics, juveniles etc.)

recommendations and suggestions exist

more

only on paper and have not been

committees,

the

Mulla

Committee in 1980 and the Krishna Iyer Committee in 1987, were set up to study the prison system of India and suggest improvements

or

changes.

Their

concretised upon. It can be safe to say that the outlook towards prisons and the penal system in India today is a very lethargic and nonchalant one.

But They All Come Back – Rethinking the Incarceration System in India

85

INCARCERATION SYSTEM IN INDIA The prison system as it operates today in India is a legacy of the British Rule. It was the creation of the colonial rulers over the then existing penal system with the prime motive of making imprisonment “a terror to wrongdoers”. Today, world over, the notion of prisons as facilities in which inmates are forcibly confined and deprived of freedom is changing. Though there are few sparks of this change that exist within India, for a Figure 35: Life in Jail | Source: Arun Ferreira, Ex-convict

majority of prisons, the case is quite different.

Prisons in India, and their administration, is a state subject under the Constitution of India. The management and administration of prisons falls exclusively in the domain of the State governments, and is governed by the Prisons Act, 1894 and the Prison manuals

of

the

respective

state

governments. Thus, the states have the primary role, responsibility and authority to change the current prison laws, rules and regulations.

A

number

of

prison

commissions have attempted to update and revise the code as mentioned in the previous section, but aside from a few states, these efforts

have

not

received

legislative

approval. The bible remains the 1894 version.

But They All Come Back – Rethinking the Incarceration System in India

86

CLASSIFICATION OF PRISONS

and Karnataka & Delhi (8 each). Arunachal

Prison institutions in India comprise of 8

Haveli, Daman

categories of jails. The most common and

Diu & Lakshadweep do

standard jail institutions which are in

Central Jails. (Prison Statistics India,

existence in all States and Union Territories

NCRB - 2015)

Pradesh, Meghalaya, Andaman Nicobar

Islands, Dadra

and

and

Nagar and

not

have

any

are Central Jails, District Jails and Sub Jails. The other types of jail institutions are Women

Jails, Borstal

Schools, Open

DISTRICT JAILS

Jails, Special Jails and Other Jails.

District jails serve as the main prisons in

According to the National Crime Records

some States and Union Territories where

Bureau (NCRB), the total number of jails in

there are no Central Jails. States which have

2015 in the States and Union Territories

considerable number of district jails are

shows that Maharashtra has the highest

Uttar Pradesh (57) followed by Madhya

number (154 out of 1,401) of jails followed

Pradesh (39), Bihar (31), Maharashtra (28),

by Tamil Nadu (137), Rajasthan (126),

Rajasthan (24), Assam (22), Karnataka

Madhya Pradesh (123), Andhra Pradesh

(19), Jharkhand (17), Haryana (16) and

(112) and Karnataka (102).

West Bengal (12). (Prison Statistics India, NCRB - 2015)

CENTRAL JAILS The criteria for a jail to be categorised as a

SUB JAILS

Central Jail differs from state to state.

Nine States have comparatively higher

However, the common feature observed

number of sub-jails revealing a well-

throughout India is that prisoners sentenced

organized prison set-up even at lower

to imprisonment for a long period (more

formation. These States are Maharashtra

than 2 years) are confined in the Central

(100), Andhra Pradesh (99), Tamil Nadu

Jails. These jails have a larger capacity in

(96), Odisha (73), Madhya Pradesh (72),

comparison to other jails. These jails also

Karnataka (70), Rajasthan (60) and West

have rehabilitation facilities.

Bengal & Telangana (33 each) while 9

Madhya Pradesh had the highest number of

States/UTs have no sub-jails namely

11 central jails followed the Maharashtra,

Arunachal Pradesh, Haryana, Manipur,

Punjab, Rajasthan & Tamil Nadu (9 each)

Meghalaya, Mizoram, Nagaland, Sikkim,

But They All Come Back – Rethinking the Incarceration System in India

87

Chandigarh and Delhi. (Prison Statistics

Nine States namely, Tamil Nadu (12) and

India, NCRB - 2015)

Himachal Pradesh, Jharkhand, Karnataka, Kerala, Maharashtra, Punjab, Rajasthan &

WOMEN JAILS

Telangana (1 each) have reported borstal

These jails are built exclusively to house

schools in their respective jurisdiction.

women prisoners. Most of the staff in such jails are usually women. Women jails exist only in 13 States/Union Territories. Tamil

None of the Union Territories have Borstal Schools. (Prison Statistics India, NCRB 2015)

Nadu & Kerala have 3 women jails each and Rajasthan has 2 women jails. Andhra Pradesh, Bihar, Gujarat, Maharashtra, Odisha, Punjab, Telangana, Uttar Pradesh, West Bengal and Delhi have one women jail each. (Prison Statistics India, NCRB 2015)

Open jails are minimum security prisons.

Prisoners with good behaviour satisfying certain norms prescribed in the prison rules are admitted in open prisons. Prisoners, here, are engaged in agricultural activities and other in-prison industries.

BORSTAL SCHOOLS Borstal

Schools are

a

type

of youth

detention centre and are used exclusively for

OPEN JAILS

the

imprisonment

of minors or

juveniles. The primary objective of Borstal Schools is to ensure care, welfare and rehabilitation of young offenders in an environment suitable for children and to keep them away from the contaminating atmosphere of the prison. The juveniles in conflict with law are detained in Borstal Schools and are provided with various vocational training courses and education with the help of trained teachers. The emphasis is given on education, training and moral influence conducive for their

Only 17 States have reported about the functioning jurisdiction.

of

open

jails

Amongst

in

these

their States,

Rajasthan has reported the highest number of 29 open jails followed by Maharashtra (13) Kerala & Tamil Nadu (3 each) and Gujarat & West Bengal (2 jails each). The remaining 11 States – Andhra Pradesh, Assam,

Bihar,

Himachal

Pradesh,

Jharkhand, Karnataka, Madhya Pradesh, Odisha,

Punjab,

Telangana

and

Uttarakhand have one open jail each. There are no Open Jails in any of the UTs at the end of 2015. (Prison Statistics India, NCRB - 2015)

reformation and prevention of crime.

But They All Come Back – Rethinking the Incarceration System in India

88

SPECIAL JAILS

Jails. Only three States namely Karnataka,

Special jails are high security facilities that

Kerala and Maharashtra (1 each) have other

have specialized arrangements for keeping

jails in their jurisdiction. The capacity of

offenders and prisoners who are convicted

inmates (male & female) in such jails was

of terrorism, insurgency and violent crimes.

highest in Karnataka (250) followed by

Special jail means any prison provided for

Kerala (142) and Maharashtra (28). (Prison

the confinement of a particular class or

Statistics India, NCRB –2015)

particular classes of prisoners which are broadly as follows: •

Prisoners who have committed serious

violations

of

prison

discipline.

•

Prisoners

Prison inmates lodged in Indian jails are showing

tendencies

towards violence and aggression.

•

CLASSIFICATION OF PRISONERS

Difficult discipline cases of habitual

categorised as Convicts, Undertrials and Detenues. A convict is "a person found guilty of a crime and sentenced by a court" or "a person serving a sentence in prison".

offenders.

An undertrial is a person who is currently •

Difficult discipline cases from a group

of

professional/organised

criminals.

Out of the fourteen States/Union Territories

on trial in a court of law. A Detenue is any person held in custody. Apart from this some other basic classifications of prisoners also exist.

that have special jails, Kerala has the

“Adult Prisoner’ means any prisoner who is

highest number of special jails (16)

more than 21 years of age.

followed by Tamil Nadu (5), Telangana (4),

“Casual Prisoner” means a convicted

West Bengal (3) jails, Gujarat, Karnataka,

criminal prisoner other than a habitual

Odisha, Uttar Pradesh & Puducherry (2 jails

offender

each) and Assam, Bihar, Maharashtra, Rajasthan & A&N Islands (1 jail each).

(Prison Statistics India, NCRB – 2015)

“Civil Prisoner” means any prisoner who is not committed to custody under a writ, warrant or order of any court or authority

OTHER JAILS

exercising criminal jurisdiction, or by order

Jails that do not fall into the above

of a court martial and who is not a Detenue.

mentioned categories come under Other But They All Come Back – Rethinking the Incarceration System in India

89

“Convict” means any prisoner under

be considered highly dangerous to the

sentence of a Court exercising criminal

public or a threat to national security. Such

jurisdiction or court martial.

prisoners are usually kept in maximum

“Lunatic Prisoner” means a prisoner who

security prisons. B category prisoners are

has become insane after his conviction and

those whose escapes must be made

admission into a prison.

difficult. C category prisoners are those

“Military Prisoner” means a prisoner convicted by Court Martial.

who cannot be trusted in Open Prisons. D category prisoners are those who can be trusted in open prisons. Over time, the

Classification of prisoner based on security

boundaries between A and B category

are of three types A, B, C and D. A category

prisoners has been erased within the prison

prisoners are the ones whose escape would

system.

But They All Come Back – Rethinking the Incarceration System in India

90

PREVALENT CONDITIONS OF THE PRISON SYSTEM IN INDIA “Prisons do not disappear social problems, they disappear human beings. Homelessness, unemployment, drug addiction, mental illness, and illiteracy are only a few of the problems that disappear from public view when the human beings contending with them are relegated to cages.” – Angela Davis

Prisons, as an institution, have been created for the sole purpose to deal with the wrongdoers of Figure 36: Welcome to My World | Source: Ronald W Clark, convict.

the society. Heavily burdened with problems of unsatisfactory living conditions and prolonged detention, prisons in India have become a staple subject of public debate and criticism.

The prison system in India easily finds its way at the bottom of the priority list for the government. As such, one cannot really be hopeful about the prevailing conditions of the prison system in India.

JAILS ARE A TABOO IN THE INDIAN SOCIETY “The mood and temper of the public with regard to the treatment of crime and criminals is one of the most failing tests of the civilization of any country.” – Winston Churchill But They All Come Back – Rethinking the Incarceration System in India

91

Crime, criminal, jails and prisons - terms

detention period is no different from the

like these easily fall into the category of

pre-detention period.

‘social taboo’ in India. A much stigmatized thought process comes into play within the mindset of the society on coming across such terms. The Indian society acts and reacts to such terms in indifferent and daft ways. No one wants to be associated to these terms. Many members of the society display a certain angst towards the misfits who have been incarcerated. This mindset, when fueled by raw imagery of ‘dark elements’ like long rows of cells, bars, filthy conditions, grim faces, violence and other

sinister

activities,

births

the

sentiments of disgust and aversion against prisons and its occupants in the public’s

The public needs to understand or look at a prison not as a derogatory space filled with the scum of the society but rather as an institution that helps the fellow members of the society realize and amend the mistakes they have made. Members of the society need to look at prisons as machines that pick up a negative aspect from the society and give back a positive one. Members of the society must understand that for the successful reformation of a person, the society needs to accept the individual and change its outlook towards prisons and prisoners.

JAILS TRULY ARE BRUTAL

mind.

While the Indian law announces a fixed

PLACES

term of imprisonment as a way to punish

“The place was a hive, a termite’s nest,

individuals who commit violations, the

a writhing mass of human beings,

Indian society punishes for life by not

pressing against one another with every

accepting him/her back into the society.

little movement of an arm or a leg. The

The individual’s actual punishment begins

toilet was ankle deep in shit. The urinal

post release – the struggle to be accepted

overflowed. A stinking swamp oozed out

back in society – and sometimes it results in

of them into the far end of the corridor.

a loss of life.

The still, thickly humid monsoon air was

But

the

common

public

cannot

be

completely blamed for this. A probable reason for such thoughts to arise within their minds might mainly be that the nature

clogged with meanings, murmurings, talking’s, complaining, shouting, and the screams, every few hours, of men going mad.”

and the kind of the vast majority of humans the

penal

institutions

produce

post-

But They All Come Back – Rethinking the Incarceration System in India

-Gregory David Roberts, on Arthur Road Jail, Mumbai; Shantaram 92

Figure 37: Life in Jail | Source: Arun Ferreira, Ex- convict.

Jails in India are truly brutal places and are

common instruments of beating. Sexual

obsolete, inhumane where cases of insanity,

abuse, designed not only to hurt but also to

suicides, mental trauma, depression, rage

humiliate is part of the torture. Naked or

fits, homosexuality, drug abuse and gang

semi-naked men are a common sight in

fights are quite common. Majority of the

police lock-ups. It is this process of torture,

Jails in India were designed and constructed

regular and systematic, whose end product

during the British Rule and are still deeply

is sometimes death. (Human Rights Watch,

inspired

1991)

by

their

then

ideology

of

punishment– to punish Indians based on differential

treatment

for

foreigners,

The Guardian, in an article about death row inmates, in 2016 expressed:

political offenders and people of higher caste or any one against the British Rule.

TORTURE within the four walls of a jail is

“The use of torture is ubiquitous.

Inmates spoke about being hung by wires, being forced to drink urine,

a routine. Violence by guards on the

being placed on a slab of ice and

inmates is a very common scenario and is

having

referred to as “third degree”. Sticks, boots

penetration, and extreme stretching.

and belts and wooden rollers are the most

Some gave specific details – being

But They All Come Back – Rethinking the Incarceration System in India

a

leg

broken,

forced

93

tied in a sack of chillies and beaten

air conditioners, mobile phones to name a

with the butts of police guns. Others

few within the prison premises. Prison

left

saying

gangs continue to be at war with each other

“unexplainable things” had been

resulting in bloodshed and destruction quite

done to them.”

often. Without any sort of money in hand,

it

vague,

simply

drugs and narcotics become the currency of These instances of abuse and torture do not only take place by the guards on the inmates but also exists between inmates. A prime reason for this can be due to personal

use in the prison. It is reminiscent of a jungle in there. Everyone is in a fight to prove himself as the alpha male just to survive.

indifferences and animosity between the individuals or a general act of ‘venting out’

OVERCROWDING is very rampant in Indian

using physical

the

prisons. Indian prisons have a national

inhumane conditions the inmates are made

occupancy rate of 114.4% or almost 62,000

to live in. In many prisons, an unofficial

inmates more than they have space for.

framework of hierarchy exists within the

Some states are as high as 276.7% (Dadra

prison inmates. Rampant corruption allows

Nagar Haveli), 233.9% (Chhattisgarh) and

the prominent and rich figures who have

226.9% (Delhi). (Prison Statistic India,

been incarcerated with a plethora of

NCRB – 2015)

violence due to

benefits such as food of choice, computers,

Figure 38 | Source: Crime in India, NCRB - 2015 But They All Come Back – Rethinking the Incarceration System in India

94

converted into store-rooms, godowns, work-shops, etc. The original authorized accommodation of an institution is thus slowly shrinking whereas the daily average population and the total admission indicate a steady increase. The consequences of overcrowding are manifold. Overcrowding has very severe, harmful and dehumanizing impacts on the prisoners as also on the institutional

environment.

It

creates

problems in the management of prisons.

This has deleterious effect on the health of prisoners. Overcrowding in prisons has resulted in the denial of required ground and space, air and ventilation as well as Figure 39: Life in Jail | Source: Arun Ferreira, Ex- convict.

food resources. It puts pressure on utilities like water supply and sewage systems. The

Overcrowding in prisons is an important

prisoner to guard ratio increases and it

issue as it results in deterioration of general

becomes difficult for the jail authorities to

living conditions of the prisoners. In Arthur

cope up and control crime and violence.

Road Jail, Mumbai; the total allowable capacity of the prison is 804 inmates but the

Overcrowding at times has even led to riots

present capacity is over a whopping 2,600

taking place inside the prison. Research has

inmates – over three times its capacity

demonstrated that prison overcrowding

(Hindustan Times, 2016). A barrack

creates competition for limited resources,

designed to accommodate 8 people, is

aggression, higher rates of illness, increased

stuffed with 60. In some prisons the cells

likelihood of recidivism and higher suicide

and barracks which were originally meant

rates.

for accommodating inmates have been

But They All Come Back – Rethinking the Incarceration System in India

95

BREAKING THE CYCLE OF

Overtime a cycle has developed where by a

REOFFENDING

person commits crime, goes to prison,

Recidivism rates – the rate at which criminals relapse back to crimes – are on a high. The national rate of recidivism is at 8.1% of the total number of people convicted with some states as high as 71.8% (Sikkim), 48.3% (Lakshadweep) and 44.5% (Chandigarh). (Crime in India, NCRB – 2015) The prison system in India looks at the time and level of punishment given to the individual by the court of law rather than the type of crime committed by the individual. As such, prison authorities tend to put everyone in together and do not separate out first time offender from the habitual ones. Thus, many first time

comes out, again commits crime, goes back to prison and so forth. The upward trend in recidivism is can be because of lack of economic safety after the convicts are being released from jail. The convicts can neither acquire trust of people nor does the government provide any special scheme for such convicts which leads them back to the dark path of crime.

The prison authorities need to take serious steps to curb the relapse of a criminal back to a life of crime. If prisons operate as reformatories and work for the motive of rehabilitation within the inmates, the problem of recidivism could be solved and such drastic reoffending rates would not be seen in the society.

offenders are rubbed on by the antisocial mind set of the habitual ones.

Figure 40 | Source: Crime in India, NCRB - 2015 But They All Come Back – Rethinking the Incarceration System in India

96

WHERE IS THE REFORMATION?

that the offender, during the punishment

There exists an urgent need for adequate prisoner-release programs. On completing the jail term, the prisoners are left into the open world without a program that would initiate this procedure. There is no facility or program within the prison or after the

term, has understood and made to realise as to why the act that he committed was wrong. The current prison system takes care to adequately punish an offender but usually neglects his/her rehabilitation and reformation.

punishment that initiates him into the

Mental health conditions turn for the worse

society and helps the prisoner cope with the

in grotesque prison environments. Many

variety of changes that he/she is going to

prisoners

face in coming times. The ideology of

deprivation and so on. Solitary confinement

helping a prisoner re-integrate back into the

or sitting alone for prolonged periods can

society rarely exists within the prison

lead to insomnia, memory loss, and

system in India.

hallucinations, panic attacks, hyper anxiety,

Sudden freedom in such large quantities

claustrophobia and even suicide at times.

can be overwhelming and bad for the

Facilities

speak

or

about

programs

stress,

to

sleep

help

out

individual. There is also no acceptance of

individuals who suffer from these issues are

these prisoners in the society which may

not

have extensive amounts of impact on their

repercussions not only exist within the

psychology.

boundaries of the prison environment but

In

such

circumstances,

normally, the individual is either lost and

found

within

prisons.

These

also once the inmate is released.

doesn’t know how to function or retorts back to crime (where he has some base).

“So, after 21 years in solitary confinement, what would you do?

be

How about spend seven months

synonymous to a mother-child relationship.

violently ill because your body is

On doing something wrong, a mother

now literally allergic to freedom?

usually punishes and shouts at the child but

That's what happened.

The

idea

of

reformation

must

at the same time after the punishment she consoles her child and makes sure the child understands what he/she did was wrong so that the child doesn’t redo it again. In the same way, the authorities must make sure

But They All Come Back – Rethinking the Incarceration System in India

My first seven months after my release were actually torture. I would get blinding headaches just from breathing fresh air, just from

97

the sun on my face. I became allergic to fresh air.

Anything I ate just ran through my system. Everything I ate was so rich I couldn't eat anything other than bread for months without getting painfully sick.

You know what else I was allergic to? Human emotion. If you say something in prison, those words are taken to the nth degree. If you say, 'Man, I'll kill you,' there better be blood splatter.

See,

anger

and

tears

and

Figure 41: Jails have drastic effects on its users | Source: Unknown

happiness and joy, those are luxuries that you have as a human

JAILS HAVE DRASTIC EFFECTS

being that's allowed to interact

ON ITS OTHER USERS

with other human beings. I didn't know this world for so long that

Working day in - day out in a brutal place

when people in my family and

such as a prison is bound to have its toll on

people around me had arguments, I

the users of this place such as the guards,

would jump to arms waiting to go to

policemen, counsellors, doctors and other

war, or expect them to kill each

support staff. Prisons are hardened and dark

other. But then two minutes later

environments and criminals are even more

they're making each other a cup of

hardened people. Being in constant touch

coffee. And I'm thinking, 'Wow, how

with such a scenario has seen a number of

can you do that?'"

policemen undergo stress, depression and anger management issues themselves. This

-Nick Yarris, falsely accused and kept in prison for 21 years.

can in-turn break down the person and inflict pain even on his family members and close

But They All Come Back – Rethinking the Incarceration System in India

ones.

Reports

of

policemen

98

committing suicides is not very rare in the

am the incarcerated.

Indian newspapers.

Such

people

who

work

FOR

the

reformation of the prisoner; if they, themselves, undergo this on a daily basis what sort of change can we expect from the inmates.

Jacet Moesta shares his views of being a prison guard on Quora below.

“I have been a corrections officer in a

jail with a population of 3,800 plus inmates now for 11 years. Imagine being a naked teacher in a room the size for a football field full of students, or a bleeding goldfish in the middle of 500 sharks.

Being an Officer in the first years of employment you often feel alone and isolated. New officers are not welcome by veteran officers from months to years. A new officer can make a mistake that can get them and you killed. In the academy you are taught just enough to get you hurt, and not get sued. You learn you have fewer rights than inmates. You learn excessive paranoia and fear and how to channel them to stay alive. You learn to be firm but fair. You learn honour and truth are a must. Respect is a must. Wait this is sounding like I But They All Come Back – Rethinking the Incarceration System in India

You don’t have a name and then you are forgotten. You can be locked in a room with 72 to 144 inmates with literally just a line painted on the floor separating you from them. You can be walking in by a “tank” (standard as seen on TV bars with a food slot) and hoping you do not get anything thrown on you, and I do mean anything. You become very strong jaded person with a dark sense of humour, go crazy and depressed, or become an inmate. If you stay 5-10 years you are institutionalized. Wait this is still sounding like I am the inmate.

You will attend many funerals of coworkers, most natural or self-induced.

You will be in physical fights. You will have scares both visual and mental.

Don’t get me wrong I am proud that I work where I do, that my profession is on the top ten worse jobs of 2014.

Proud I can walk where cops don’t want to go without their guns.

I have learned humility and humanity from the dark side of life perspective, and that I am a better person deep in my soul. My fundamental morals are rock solid.”

99

ARCHITECTURE AND INDIAN

overwhelming and has drastic effects on its

PRISONS

users which not only include inmates but also the guards and other support staff. We

Present day prison architecture is the epitome of hard architecture, one that is grotesque and that is specifically designed

have reached a time where we punish people

with

architecture.

Jails

don’t

necessarily need to look like this.

to torture the criminal mind repeatedly for the

misdemeanour.

The

colonial

monumental architecture of the institution opaque in nature - is also a prime factor

LOOKING AT THE BRIGHT SIDE

aiding the use of architecture as a medium

“Hope is being able to see that there is

for punishment.

light despite all of the darkness.”

A large part of the existing prison

-Desmond Tutu

architecture in India dates back to British colonial era – a time when the freedom movement had spread all over India and a prison’s only purpose was to hold anyone who was against the British. Yerawada Central Jail, Pune built in 1874 and Alipore Jail, Kolkatta built in 1910 are notable examples. Many of these are fortresses converted to prisons and are rigid, raw, hard and frightening.

As time has changed, so should the ideology of a prison as a reformative

In spite of the fact that the prevailing conditions of the prison are not very promising - the conditions look dark, melancholic and doomed - there still exists a glimmer of hope in the prison system aiding the reformation of a prisoner. The construction of Open jails, penal colonies and other institutions within the system that advocate a more reformative aspect rather than a punitive one shows a changing ideology behind prisons in India.

institution and so should the architecture.

Prisons in India advocated most or at least

Crime is already a dark entity to begin with.

some of the following programs or

Moreover, most criminals have always

facilities.

lived in dark places. If a jail – which is to be used for reformation – is also a dark place, one cannot really expect a changed individual after his/her sentence.

The environments that exists amidst the

Useful and meaningful work has been treated as the central and focal point, around which all institutional activities and training programme, are developed. The old concept of making work in prisons, as

present prison architecture is dark, grim and But They All Come Back – Rethinking the Incarceration System in India

100

punitive and afflictive as possible, has been

Guidance and Counselling Programmes:

discarded.

In

Vocational Training: With a view to improve skills of prisoners, vocational training programmes have been organized within various industries such as textile, carpentry, leather work, tailoring and agricultural

activities.

These

training

programmes are limited and quite outdated and cannot help the prisoner earn a

Education and Distance Learning: It is recognized that through properly organised and diversified educational programmes, prisoners can be re-educated for a better and useful way of social living. Only basic are

available

for

enrolment.

Recreational and Cultural Activities: In the monotonous and humdrum routine of an institution like the prison, recreational and cultural activities (such as films, drama, folk dances, bhajans, radio programmes of types,

newspapers

and

reading

of

magazines

books, have

a

significant role to play and as such they are organised in prisons. Likewise, the republic day, Independence Day, Mahatma Gandhi Jayanti are some of the festivals which are celebrated in prisons. 2nd October is observed as prisoners' welfare day in all the prisons every year.

institution,

proper

attention has to be paid to the individual problems of the inmates. These problems can be multifarious such as, welfare of family members, contacts with family and community, economic problems, land litigation,

legal

help,

institutional

adjustment etc. Such programmes exist only in a handful of prisons throughout

Prison Panchayat: With a view to training prisoners to live like in a co-operative, democratic and disciplined manner to inculcate a sense of responsibility and selfreliance amongst them, panchayats of convicted prisoners have been set-up central prisons and district prisons,

Specialised courses are not available.

various

correctional

India.

livelihood post his prison sentence.

courses

a

Prison Industries: Prison industries like agriculture, textiles, furniture making, bakeries, leather and painting have been organised which are in fact productioncum-training units as prisoners’ gain practical knowledge of the working of the industries in which they work. The working knowledge of different trades so gained by prisoners helps them to earn their livelihood on

release

from

prison.

Articles

manufactured in the prison industries are supplied to other Government department, semi-Government bodies and are also sold to public.

But They All Come Back – Rethinking the Incarceration System in India

101

Incentives

and

Earned

Privileges

introduced or paid attention to include the

Scheme: This is a scheme where prisoners

subjects of provision of free legal services

have the opportunity to get extra privileges

to prisoners, additional provision for

through good behaviour and can lose those

women prisoners such as sensitising the

privileges if they misbehave. The regime is

staff about sexual violence, modernization

based on a system which places prisoners

of prison infrastructure, focus on after-care

on one of the three levels – basic, standard

services by setting up committees for the

or enhanced. Privileges include: number of

purpose, increased focus on staff training

hours allowed outside the cell, number of

and the introduction of routine inspections

visits above minimum allowed, access to

of prisons.

more money to spend in open prisons etc.

Though there are positive aspects that exist Further, the introduction of the new Model

within the system, many of these are not

Prison Manual 2016 points out some more

embraced completely and lie at the mercy

reforms that need attention within the

of the direct prison authorities. A positive

system. It aims at bringing in basic

change needs to be brought about in the

uniformity in laws, rules and regulations

core thinking and ideology behind the

governing the administration of prisons and

incarceration system of India – a system

the management of prisoners all over the

that

country. The key pointers that have been

reformation of the offender.

Figure 42: Bakery in Tihar Jail, New Delhi | Source: Reuters, India

promotes

rehabilitation

and

Figure 43: Textile Industry in Tihar Jail, New Delhi Source: www.photoshelter.com

But They All Come Back – Rethinking the Incarceration System in India

102

‘PRISON’ BY A PRISONER The following was posted on Quora

are given most of the facilities. And if not,

(www.quora.com) by an anonymous person

they get their work done from other

in reply to the question ‘What is life like in

inmates. Sometimes a barrack has TV, then

an Indian prison?’ The author describes the

these people will be having the remote.

conditions and his experiences in an Indian

They get good food, some people specially

Jail.

cooked for them, some manage to get from

“I don’t want to go into details about crime I committed and all, but let me tell you that I was guilty for which I was convicted. I spent 3 years in one North Indian Jail, from years 2005-2008. I was an industrialist earlier & I belong to South India.

outside. Court gives permissions for some people so that their family can send food, daily or periodically. Some even get air conditioned rooms. They get mosquito nets.

They get books, chair, bed, a better mattress, easy chair, table etc. They call/get barbers whenever they want. Get their

You have to wake up early around 5 – 5.30.

clothes washed whenever they want. They

Breakfast is served around 6.30. And

also get some special services if they have

sometimes they do head count in the

some sexual desires.

evening. Well, most of the times. Two visitors once a week. But no one wants to visit you in jail. Now, before I answer your question one by one, first let me tell you there are two types of prisoners. Privileged & Non-privileged.

Privileged – Politicians or close relatives of politicians, high profile scumbags who have ‘connections’ and ‘contacts’. Nonprivileged – aam aadmi.

No one dares to confront these people. They will make sure you get a lesson if you try to be smart with them. In my stay, I was careful & didn’t get into any fight. Yes, there is a lot gang influence in prison & usually the gang leaders belong to privileged group.

Media usually tells you lie, but there is a lot difference in prison how people are treated.

Privileged ones are given almost every

Privileged people spend a better time here.

facility including internet & mobile access.

They don’t have much restrictions. And they

But if you are some public enemy, a known

But They All Come Back – Rethinking the Incarceration System in India

103

convict, then for first few months you have

with anyone. And especially with privileged

to stay low. Because media & public are

ones. Learn to be always stay low &

watching you. Then they will forget. Do you

invisible. Inmates always looking to beat

need some special care? Feel like to stay

you up & even authorities will beat you up

outside jail for some time? Then you call

if they are angry & if you are caught with

your ‘connections’, you will get illness

some mistake.

certificates of so many horrible diseases & then you will be sent to some good hospital, where you can spend your time. Some people even stay in hospitals like 9-10 months. Coming to unprivileged, the unlucky ones. Unlike privileged, you get no special treatment. You have to eat the horrible food with so many others. You don’t get to sit in cleaned toilets nor do you get clean clothes. Only 2 or 3 mattresses are given. No mosquito net. No books, nothing. You must be prepared to live your life in a tiny 15 x 10 feet cell. You should

I had mentally prepared to stay in jail for the crime I committed & for first 15 months I stayed completely low. Later I made friends with some distant relative of a politician. Then I more of became a privileged one. Even he was transferred to different jail after around 10 months. My rest of the time was similar & better. In Indian jails also there is discrimination, just like in Indian society. People with money & connection stay in jail with pretty much every facility & rest all suffer a lot.

learn to be quiet & be respectful to jail

It’s been 5 years & now I am a changed

authorities however they behave with you.

man. However I still get shivers thinking of

You have to learn kissing arse of jail

my time I spent.”

authorities & privileged ones, otherwise your life will be hell. You should be always careful & manage to not to get in with fights

But They All Come Back – Rethinking the Incarceration System in India

104

PRISON TRENDS AND STATISTICS

Note: Occupancy Rate means the number of inmates staying in jails against the authorized capacity for 100 inmates.

Figure 44 | Source: Prison Statistics, NCRB - 2015 But They All Come Back – Rethinking the Incarceration System in India

105

Table 12 | Source: Prison Statistics, NCRB - 2015

Maximum overcrowding were reported in district jails (131.1%) followed by central jails (116.4%) in 2015.

Figure 45 | Source: Prison Statistics, NCRB - 2015 But They All Come Back – Rethinking the Incarceration System in India

106

Figure 46 | Source: Prison Statistics, NCRB - 2015

The occupancy rate at All India level at the end of 2014 was 117.4% which decline slightly to 114.4% at the end of the year 2015.

Figure 47 | Source: Prison Statistics, NCRB - 2015

Dadra & Nagar Haveli has reported the highest overcrowding (276.7%) followed by Chhattisgarh (233.9%), Delhi (226.9%) and so on.

But They All Come Back – Rethinking the Incarceration System in India

107

Table 13 | Source: Prison Statistics, NCRB - 2015

6.7% (2,44,364 out of 36,36,596) of total arrestees were those who were convicted once in the past.

1.0% (37,649 out of 36,36,596) of total arrestees were convicted twice in the past. 0.4% (14,143 out of 36,36,596) were habitual offenders i.e., they were convicted thrice or more in the past.

Figure 48 | Source: Prison Statistics, NCRB - 2015 But They All Come Back – Rethinking the Incarceration System in India

108

Figure 49 | Source: Prison Statistics, NCRB - 2015

A total of 1,584 deaths in jails were reported (1,469 natural and 115 un-natural) during the year 2015. Out of the 115 un-natural deaths, suicide was the main cause.

Figure 50 | Source: Prison Statistics, NCRB - 2015

Uttar Pradesh (21) witnessed the maximum number of deaths within prisons followed by Delhi (15), West Bengal (12), Karnataka (11), Maharashtra (7) and so on.

But They All Come Back – Rethinking the Incarceration System in India

109

CHAPTER 7: CASE STUDIES – PUNITIVE MODELS The case studies have been analysed based on three basic aspects: features, functional aspects and architectural aspect. Prisons are a highly classified subject as far as the authorities are concerned. Drawings and photographs of interiors of prisons are not permitted by law and if clicked have been taken

at

the

concerned

authorities’

discretion. The study purely relies on secondary sources of data and declassified literature, unless specified.

.

But They All Come Back – Rethinking the Incarceration System in India

110

THANE CENTRAL JAIL, THANE

Figure 51: Google Earth plan of Thane Central Jail, Mumbai.

PURPOSE: To understand the working, functioning and ideology of a central jail in India as an example of the punitive model.

But They All Come Back – Rethinking the Incarceration System in India

111

Figure 52: Google Earth plan of Thane Central Jail, Mumbai showing zoning.

Execution yard; gallows

Barracks and cell block yards

Administration + Storage shed

Prison industries

Kitchen

Staff Quarters

Farmlands

Inner jail fort walls

Outer jail periphery

But They All Come Back – Rethinking the Incarceration System in India

112

FUNCTIONAL

The prison does not meet the required specifications of the Model Prison Manual.

ASPECTS

It provides the following facilities: Dental

1. WORKING MODEL: Punitive

Check Up, Examination ward, Recovery

model; closed prison typology; maximum security

ward. It has four isolation wards. There are

2. AREA: 43 acres; lake: 4.94 acres;

rooms and case paper rooms. There is a

cultivation land: 10.52 acres

any other treatment the concerned inmate is

3. FACILITIES

taken to the Thane Civil Hospital which is

Maximum Capacity: 1105 persons Current Occupancy: 2500 persons

offices for compounders, doctors, store

separate toilet and bath for the hospital. For

500m away from the central jail.

3C. ADMINISTRATION The administration building is located at the

3A. ACCOMMODATIONS

main entrance gate adjoining the fort wall.

Barracks for under trials and low security

It is the master control area and houses the

convicts. There are eight G+2 barracks and

following functions:

four G+1 barracks. Apart from this there are

•

6 more barracks that are G structures and are

radially

•

Writing office

measures 6m x 3m in plan. The cells are

•

Superintendent’s office, jailor’s

used

for

Each

entrance and sally port.

barrack

exclusively

planned.

Strip search area common with

high

security

offices, staff offices

prisoners. Presently there are cells that

•

Court Hall

accommodate 2-5 inmates as well as single

•

Ammunition rooms

•

Meeting rooms

•

Record rooms

•

Holding cells

occupancy cells depending on level of security necessary.

3B. PRISON HOSPITAL Built for 5% of the prison’s maximum capacity (i.e. 1105 pax) as per the Model

3D. KITCHEN

Prison Manual.

One of the housing barracks has been

Current maximum capacity: 26 persons.

converted into a kitchen with a dry storage

Desired capacity: At least 5% of the current

area attached to it. All the raw materials are

occupancy of 2500 persons, i.e. 125 persons

usually taken in from the main gate. The kitchen also utilises the cooking skills of

But They All Come Back – Rethinking the Incarceration System in India

113

the prisoners and food for all occupants of

Gallows are places where prisoners were

the prison as well as the guards and staff

hung during the days of death penalty.

members is cooked by the prisoners.

Since, the death penalty is a null system now, it has been converted into a memorial.

3E. PRISON INDUSTRIES The Thane Central Jail houses a number of

3G. EDUCATION AND

industries

VOCATIONAL TRAINING

within

the

premises.

The

objective of this is to keep the inmate busy

Vocational training exists in the form of the

and preoccupied during the prison sentence

training that the convicts receive while

and to teach him some new work that he

working in the various industries as

could utilize to earn a livelihood once he

mentioned above. Other than this, no other

has been released. At present, these prison

form of vocational training or education

industries include tailoring, carpentry,

system or distance education system exists

power

within the jail.

loom,

pottery,

bakery,

and

laundry. The product of these industries is usually either utilised within the prison premises or supplied throughout the various government departments of Maharashtra.

Any other produce is sold off to the public.

The prisoners usually earn INR 45, 50, 55 per day for the work they do depending on hours of work put in. This money is

ARCHITECTURAL ASPECTS The geometry of the Thane Central Jail is reminiscent of the star-shaped military fortification developed by the Frenchman Vauban during the 17th century.

deposited into each prisoners’ account and handed over to them after release. Money

1.

HISTORY

AND

AGE

OF

can also be spent by the prisoners to buy

CONSTRUCTION

basic items like biscuits, soaps, toothpaste,

The construction of the Thane Central Jail

etc. from the prisoner run supermarket

dates back to 1730. The Portuguese ruled

inside the prison. Of course, this is only

Thane for over 200 years from 1530 to

available for the under trials or the low

1740. During this period Thane was known

security convicts.

as “Kalabe De Tana”. Construction of the

3F. GALLOWS

Thane Fort began in 1730 for defence

Gallows exist within the jail premises that

purposes from the Maratha Empire. The

are reminiscent of the history of the fort.

But They All Come Back – Rethinking the Incarceration System in India

114

Thane Fort was conquered by the Maratha

fort. When the fort was converted into a

Empire on March 28th, 1738.

prison, the already existing fort walls aided

In 1757, the fort was converted into a prison

in securing the common public from the

for the Maratha Empire.

inmates

In 1972, the fort was declared as a central

geometrical form of the fort allowed the

jail

prison for hierarchical security planning.

by

the

prison’s

department

of

inside

Maharashtra.

Levels of security:

As such, the Thane Fort has historically

•

the

fort.

Also

the

Outer circle on the outer periphery

been known as a place of punishment and

houses the general convicts and under

detention whose roots take place since the

trials.

Portuguese control of the land. The

•

Inner circle houses those convicts of

architecture of the fort represents this as

who require higher security measures.

well. Over the years, a number of new

The circle is fenced with a 3m high

construction has taken place within the

fence

premises to accommodate more inmates but

surveillance by guards manning the

the core set up still remains the fort built in

grounds and CCTV cameras. The fence

1730.

is clad with tin sheets to avoid any time

2. MATERIALS USED

of communication and contact between

The fort wall is made of sturdy local stone

the outer and inner circle prisoners.

and

is

under

constant

and is 7.5 m in height running all around the prison. Later additions include barracks which have been built using bricks for walls

DAILY SCHEDULE OF

with white plaster. These barracks are

INMATES

ground structures with sloping roofs and a

A daily schedule for the inmates starts with

stone plinth.

sunrise and ends with sunset.

5.30 am: Prayers

3. PLANNING CONCEPT

5.30 am – 6.00 am: Unlocking of

Forts have classically been built to restrict

accommodations, letting prisoners out. One

entry and exit of people inside as well as

glass milk provided.

outside the fort walls. The Thane fort was

6.45 am: Bathing, toilets.

built based on the ideas of the Vauban

7.45 am: Morning tea and breakfast,

Fortifications which improved the defence

usually fruits and porridge.

and offence capabilities of the ruler of the But They All Come Back – Rethinking the Incarceration System in India

115

8.15 am – 10.30 am: Work allotment and

5.30 pm – 6.30 pm: Dinner, usually 3 rotis,

working within the prison industries.

rice, dal and vegetables; outdoor recreation.

10.30 am – 11.30 pm: Lunch; usually 3

6.45 pm: Locking up of prisoners within

rotis, rice, dal and vegetables.

their cells and barracks.

12.00 pm – 3.00 pm: Rest; prisoners are

7.00 pm – 8.00 pm: Free time locked

counted

within accommodation.

and

locked

accommodations.

up

within

8.00 pm: Lights out and bed time.

3.00 pm – 5.00 pm: Work.

But They All Come Back – Rethinking the Incarceration System in India

116

Figure 53: Entry gate at the outer periphery of the Thane Central Jail | Source: www.dnaindia.com

Figure 54: Inmates as the worksheds in the Thane Central Jail | Source: www.indianexpress.com

But They All Come Back – Rethinking the Incarceration System in India

117

YERWADA CENTRAL JAIL, PUNE

Figure 55: Google Earth plan of Yerwada Central Jail, Pune.

PURPOSE: To understand the working, functioning and ideology of a central jail in India as an example of the punitive model.

But They All Come Back – Rethinking the Incarceration System in India

118

Figure 56: Google Earth plan of Yerwada Central Jail, Pune showing zoning.

Anda cell for maximum security inmates

Barracks and cell block yards

Kishore and Tilak yard

Printing press

Kitchen cum watchtower

Staff Quarters

Main entry gate

Inner jail wall

But They All Come Back – Rethinking the Incarceration System in India

Outer jail wall

119

The Yerwada Central Jail in Pune is a part

‘anda’ cell, called as such as it resembles

of a larger complex of numerous jails

an egg, is used to imprison high security

namely Yerwada Central Jail, Yerwada

prisoners. Rest of the yards consist of a

Open Jail and the Yerwada Women’s Open

radial arrangement of barracks with work

Jail. As such it is one of the largest jail

sheds between them and a guard tower in

complexes in not only India but also in

the centre. Barracks are single storeyed

Asia. The Yerwada Central Jail is a

with a high plinth. Each barrack can

maximum security jail.

accommodate up to 60 inmates but are stuffed with about 100-120 inmates each.

FUNCTIONAL ASPECTS 1. WORKING MODEL: Punitive

Each barrack is provided with a small television, a few carom boards and a very small cubicle/area that is used as a toilet and for bathing purposes. Each cell is 3m x 3m

model; closed prison typology.

in plan with a single window as the only

2. AREA: 512 acres complex of which

source of light. There exists 39 barracks, 246 cells and 21 work sheds.

Central Jail covers 64 acres

3. FACILITIES

Staff quarters include G and G+1

Maximum Capacity: 2325 persons

of individual bungalows as well as

Current Occupancy: 4600 persons

apartments

Prison staff: 350-400 guards plus 100 more

description of the staff member. These are

ancillary staff.

spread on the campus plot but outside the

3A. ACCOMMODATIONS

jail fortress walls.

There exists three kinds of accommodations

3B. PRISON HOSPITAL

for prisoners based on level of security

structures with sloping roofs and are a mix

depending

on

the

job

The prison hospital is located within a

required. These include the barracks, the

barrack of 6m x 3m. The prison hospital

isolation cells and the ‘anda’ cell.

does not meet the required specifications of

Overall, the prison grounds are divided into

the Model Prison Manual. It provides the

yards each with a number of barracks or cell

following facilities: Dental Check Up,

block within. The Tilak Yard consists of 7

Examination ward, Recovery ward, clinic

cell blocks which were used to imprison

and first aid. There are offices for

Mahatma Gandhi, Jawahar Lal Nehru and

compounders, doctors, store rooms and

Motilal Nehru once upon a time. The

case paper rooms. It has different cells for

But They All Come Back – Rethinking the Incarceration System in India

120

HIV positive patients, TB patients and the

cooked by the prisoners. Above the kitchen

mentally challenged patients. There is a

seems to be a Control Tower utilised by the

separate toilet and bath for the hospital. For

guards. Food in the kitchen is made on

any other treatment, the concerned inmate

diesel burners.

is taken to the Municipal Hospital which is about 5km away from the central jail.

3E. PRISON INDUSTRIES A number of industries and factories are

3C. ADMINISTRATION

housed within the premises of the Yerwada

The administration building is located at the main entrance gate adjoining the outer most wall. It sits between the two main walls surrounding the 64 acre jail premises. It is the master control area and houses the

Strip search area common with

Writing office

•

Superintendent’s

prison sentence and to teach him some new work that he could utilize to earn a livelihood once he has been released. At

tailoring, carpentry, hand loom, power loom, dyeing, leather, paper factory,

entrance and sally port.

•

the inmate busy and preoccupied during the

present, these prison industries include

following functions: •

central jail. The objective of this is to keep

pottery, bakery, and laundry. Apart office,

jailor’s

offices, staff offices •

Ammunition rooms

•

Meeting rooms

•

Record rooms

•

Holding cells

•

Watch tower/ gallery

from

these

the

many

automobile

companies approach the jail to utilise their labour. Companies like Mahindra provide the inmates with raw materials to create wiring done within their vehicles all within the prison premises. The prison also houses a printing press that supplies all sorts of books and paper stationery exclusively throughout all departments of

3D. KITCHEN Right in the middle of the prison campus is the kitchen with a dry storage area attached to it. All the raw materials are usually taken in from the main gate. The kitchen also utilises the cooking skills of the prisoners and food for all occupants of the prison as well as the guards and staff members is

the Maharashtra government.

The products of other industries is usually either utilised within the prison premises or supplied

throughout

the

various

government departments of Maharashtra.

Any other produce is sold off to the public.

The prisoners usually earn INR 45, 50, 55 per day for the work they do depending on

But They All Come Back – Rethinking the Incarceration System in India

121

hours of work put in. This money is

festivals and important days like New year,

deposited into each prisoners’ account and

Diwali, Republic Day, Independence Day,

handed over to them after release. Money

Gandhi Jayanti etc.

can also be spent by the prisoners to buy basic items like biscuits, soaps, toothpaste, etc. from the prisoner run supermarket

ARCHITECTURAL

inside the prison. Of course, this is only

ASPECTS

available for the under trials or the low

1.

security convicts.

CONSTRUCTION

HISTORY

AND

AGE

OF

The construction of the Yerwada Central

3F. EDUCATION AND

Jail dates back to 1871. It was built by the

VOCATIONAL TRAINING

British for the sole purpose of holding down

Vocational training exists in the form of the

anyone and everyone against the British

training that the convicts receive while

Rule. During those years, Yerwada jail was

working in the various industries as

on the outskirts of the city, today it finds

mentioned above. Other than this, no other

itself right in the middle of urban Pune city.

form of vocational training exists within the

Under British rule, the jail housed many

jail. Distance learning is available for those

freedom fighters especially between 1930–

convicts that want to continue their

42, including Mahatma Gandhi, Jawaharlal

education further.

Nehru, Netaji Subhas Bose and Bal Gangadhar Tilak. During the Emergency

3G. RECREATION

era of 1976-77, many politicians were

Each yard with the premises has ample of

detained in this jail. Among those detained

open ground, as such, inmates generally

here were Balasaheb Deoras, Atal Bihari

play volleyball, football and cricket. Each

Vajpayee and many others. Ajmal Kasab,

barrack is supplied with a couple of carom

responsible for the 26/11 Mumbai terrorist

and chess boards. The jail also has a library

attacks, was detained and hanged here.

and video conferencing facility. Also, very recently, an in-prison radio network has

2. MATERIALS USED

started functioning. It is run by the

The jail wall is made of dull concrete and is

prisoners exclusively. The jail campus

6.0 m in height running all around the

include an open air area with a stage for

prison. All the older constructions were

cultural performances and so forth during

done in black basalt stone. These include

But They All Come Back – Rethinking the Incarceration System in India

122

the barracks, sheds, cell block buildings and

are organized hierarchically depending

office buildings. Later additions include

on type of inmates, function and

barracks and cell block buildings which

security level. Each yard is surrounded

have been built using bricks for walls with

by reinforced concrete walls about 4.5

white plaster. These barracks are ground

– 6m in height.

structures with sloping roofs and a stone

•

The anda cell is a high security cell

plinth. The anda cell built in the 1990s has

block used for maximum security

been constructed using purely reinforced

criminals and terrorists. It is oval in

cement concrete.

plan – like an egg- and has radially placed individual isolation cells with a

3. PLANNING CONCEPT

central circulation core. To prevent

•

The 64 acre central jail campus is

escape the external walls are bare and

surrounded by a 6m high dull concrete

have no openings, the core being the

wall. A few metres beyond this wall,

only inlet for sunlight. The walls are

lies another 6m high concrete wall. The

450-600mm thick and the entire

space between the two walls is manned

structure if filled with concrete up to

by guards on foot and dogs to make

600mm below ground level. There

sure no escape attempts take place via

have been stories that there exists an

tunnels. For a prisoner to escape, he

underground cell block below the anda

needs to cross 3 different circles of

cell as well. It is a bomb proof, tunnel

security: yard wall, inner periphery

proof and bullet proof structure with

wall and the outer periphery wall.

electric fencing all around it.

•

The complete complex has two entry

The rest of the yards, leaving the Tilak

points out which only the main entry is

and Kishore yard, is circular and semi-

utilised. The second entry is kept

circular in composition with barracks

closed throughout the year. The main

radiating from a central watch tower/

entry is flanked by the original jail

guard

entry gate built in 1871 and houses the

inspiration from the ‘hub-and-spoke’

administrative wing of the prison.

layout and the Pentonville layout that

Traditional watch towers are placed at

was introduced in Britain in 1841.

strategic locations within the premises.

•

•

•

tower.

This

layout

takes

Each circular yard includes a central

The overall jail campus organization is

guard office and tower which has

very symmetric and the different yards

openings on all sides to keep a watch

But They All Come Back – Rethinking the Incarceration System in India

123

on the prisoners. There are 8 barracks within a circular yard with work sheds between them. The grounds within

DAILY SCHEDULE OF INMATES

each yard is used for recreation.

•

•

•

Each barrack is a single storeyed

A daily schedule for the inmates starts with

structure with a high plinth. It has high

sunrise and ends with sunset.

walls (5.2m), a sloping roof and

5.30 am: Prayers

windows with bars. Over all feel is

5.30 am – 6.00 am: Unlocking of

quite dark and dingy. There are no

accommodations, letting prisoners out. One

provisions for sleeping spaces or

glass milk provided.

closets – it is just a bare plinth where

6.45 am: Bathing, toilets.

each prisoner sleeps on the ground. A

7.45 am: Morning tea and breakfast,

small bathing area and toilet is present

usually fruits and porridge.

within each barrack; these are too less

8.15 am – 10.30 am: Work allotment and

in number compared to the population

working within the prison industries.

of each barrack.

10.30 am – 11.30 pm: Lunch; usually 3

To solve issues of overcrowding, four

rotis, rice, dal and vegetables.

new

12.00 pm – 3.00 pm: Rest; prisoners are

two

storey

barracks

are

presently being constructed within

counted

and

locked

up

within

the prison premises.

accommodations.

The kitchen is placed right in the centre

3.00 pm – 5.00 pm: Work.

of the campus to aid in the easy

5.30 pm – 6.30 pm: Dinner, usually 3 rotis,

delivery of food to the various barracks

rice, dal and vegetables; outdoor recreation.

and cell blocks.

6.45 pm: Locking up of prisoners within their cells and barracks.

7.00 pm – 8.00 pm: Free time locked within accommodation.

8.00 pm: Lights out and bed time.

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124

Figure 57: Main entry gate of the Yerwada Central Jail | Source: www.mid-day.com

Figure 58: Inmates at the Yerwada Central Jail attending yoga sessions | Source: www.indianexpress.com

But They All Come Back – Rethinking the Incarceration System in India

125

INFERENCE AND PERSONAL OBSERVATIONS Both the Thane Central Jail and the

with overcrowding issues and stagnant

Yerwada Central Jail are prime examples of

environment.

a punitive model of jail belonging to the

All said and done, there are some positive

Indian incarceration system. The objective

aspects that cannot be overlooked but these

of both the prisons is derived from the

are few in number. Prisoners are kept busy,

classical

and

they do acquire new skills, they are paid for

incapacitation. They believe in the saying

the work they do and parole and furlough

“Empty mind is a Devil’s workshop”.

options are also available.

Hence, the prisoners are kept busy with

The punitive system is a necessary evil. At

work to avoid any untoward incidents and

some point this system is mandatory (in

mischief.

case of hard-core criminals, serial and

But the question still lingers, who does this

psychotic killers) but it is not enough to

really help, the prisoners or the society at

really bring about a transition in an

large?

offender. There needs to be some sort of an

In actuality, it defeats the very purpose for

intervention that forces the offender to

which it was created. The reoffending rates

change his views about his past actions and

have risen over the years. There exists in-

make him realize his folly to kick start this

prison riots and violence, added to the

transition.

rampant corruption in the jail. There are

To conclude, I still would like to maintain

very limited facilities and opportunities

that there needs to be a drastic change in the

available for the inmates to progress in

way jail and jail philosophy works. Though

terms of acquiring education or even

the world outside the prison walls has

acquiring work skills as most of the prison

advanced and stepped into the 21st century,

industries are regressive and not in tune to

the jail and its philosophy still harbours age

today’s times. They definitely need some

old systems of regressive thinking and

vital revamping to bring it on par with

degrading treatment meted out to the

present

prisoners. A change for betterment is

ideology of

times.

conditions

are

deterrence

Moreover, squalid

the

and

living

pathetic.

inevitable in the near future.

Prisoners are kept in a derogatory manner

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126

CHAPTER 8: NEED FOR A REFORMATIVE SYSTEM

But They All Come Back – Rethinking the Incarceration System in India

127

“A reformative philosophy, rehabilitative

in custody must always have regard to their

strategy, therapeutic prison treatment and

likely conditions during as well as after the

enlivening

release. Apart from the humane and secure

of

prisoner’s

personality

through a technology of fostering the

containment

fullness of being such a creative art of

environment should provide controlled

social defence and correctional process’

conditions in which they can move towards

activating

of

a better understanding of themselves and

prisoner’s rights is the hopeful note of

learn to accept and deal responsibly with

national prison policy struck by the

the consequences of their own behaviour.

constitution and the court.” – Justice

The objective of punishment should be the

Krishna Iyer

reform

fundamental

guarantees

Prison is a place where the criminal justice

of

of

the

inmates,

criminal

the

rather

prison

than

deterrence.

system puts its entire hopes. When

The Reformative theory is based on the

imprisoned, men and women do not cease

humanistic principle that even if an

to be human beings and moral standards by

offender commits a crime, he does not

which society lives must apply to them as

cease to be a human being. He may have

far as possible. As a consequence to this

committed a crime under circumstances

fact, it follows that what happens to people

which might never occur again.

Therefore an effort should be made to

and converted into helpful friends by good

reform him during the period of his

words and mild suggestions. Severe

incarceration.

the

punishment can merely debase them. Man

punishment should be to bring about the

always kicks against pricks. Whipping will

moral reform of the offender. He must be

make him balk. Threat will result in

educated and taught some art or industry

resistance. Prison hell may create the spirit

during the period of his imprisonment so

of defiance of God and man. Hanging a

that he may be able to start his life again

criminal is merely an admission of the fact

after his release from jail.

that human beings have failed to reform the

The

objective

of

Advocates of this theory contend that by an empathetic, tactful and loving treatment of the offenders a revolutionary change may be brought about in their characters. Even the cruel hard prisoners can be reformed

erring citizen. Corporal punishments like whipping and pillory destroy all the finest sentiments and tenderness in man. Mild imprisonment with probation is the only mode

But They All Come Back – Rethinking the Incarceration System in India

of

punishment

approved

that

128

advocates of the reformative theory. (Priya

Criminology supports the reformative

2014)

theory. Criminology regards every crime as

Reformative theory is also know in the world of law as rehabilitative sentencing.

Under this, the purpose of punishment is to reform the offender as a person and not as a criminal, so that he may become a normal law-abiding member of the community once again. Here emphasis is placed not on the crime or the harm caused but on the person and personality. According to experts, reformative theory can work fruitfully in case of reformation of nonhabitual offenders, but in some cases it does not work so smoothly as in the case of a hardened criminal. Such criminals do require

some

amount

of

‘tough’

punishment. Thus, it can be said that the reformative theory will be more effective it is intended to supplement some sort of punishment,

rather

than

replace

it

a pathological phenomenon, a mild form of insanity and

an

innate

of

acquired

physiological defect (Priya, 2014). In terms of theory, largely offenders commit crime due to psychological factors, personality defects or social pressures. According to this, crime is committed as a result of the conflict between man and the motive of the criminal. One may commit a crime either due to the temptation of the motive being stronger or because the restrain imposed by the person’s character is weak. Reformative theory aims to strengthen the character of the offender so that he may not become a victim to his own temptations. As such, prisons need to turn into reformatories where physical, moral and intellectual training needs to be provided in order to improve the character of the offender.

altogether.

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129

CHAPTER 9: CASE STUDIES – REFORMATIVE MODELS The case studies have been analysed based on three basic aspects: features, functional

aspects

and

architectural

aspect. Prisons are a highly classified subject as far as the authorities are concerned. Drawings and photographs of interiors of prisons are not permitted by law and if clicked have been taken at the concerned authorities’ discretion. The study purely relies on secondary sources of data and declassified literature, unless specified

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YERWADA OPEN JAIL, PUNE

Figure 59: Google Earth plan of Yerwada Open Jail, Pune.

PURPOSE: To understand the working, functioning and ideology of the prison as it is quite different and distinct from a typical prison in and around India.

But They All Come Back – Rethinking the Incarceration System in India

131

Figure 60: Google Earth plan of Yerwada Open Jail, Pune showing zoning.

Area under Yerwada Central Jail Prison industries – powerloom factories Temple + Cultural performance stage

Barracks in Yerwada Open Jail

Administration + Storage shed

Kitchen

Staff Quarters

Inner jail periphery Barbed wire fence

Outer jail periphery Barbed wire fence

Farmlands

But They All Come Back – Rethinking the Incarceration System in India

132

The Yerwada Open Jail in Pune is a part of

of the jail, more chances of parole and

a larger complex of numerous jails namely

remuneration for the amount of time spent

Yerwada Central Jail, Yerwada Open Jail

in the prison with lowering of prison

and the Yerwada Women’s Open Jail. The

sentence (1 year spent in an open jail

Yerwada Open Jail is a minimum security

reduces the inmates sentence by 13 months,

jail.

if behaviour is good).

The Open jail philosophy of punishment is

The atmosphere within the premises is quite

a rehabilitative and reformative one. It

relaxed and guards treat the inmates as

provides the inmates with a medium to seek

friends rather than as criminals.

repentance and remorse for their past acts.

It is intended for those prisoners who present a low risk; can be reasonably trusted in open conditions and for whom open conditions are appropriate. Any inmate who

FUNCTIONAL ASPECTS

is a part of an open jail has to go through

1. WORKING MODEL:

the closed jail typology first before

Rehabilitative model; open prison typology.

qualifying for an open jail. For the Yerwada open jail, a prisoner must have spent at least 7-8 years in a closed jail and must have a good behaviour record for entry into an open jail system. This may differ on a case

2. AREA: 512 acres complex of which Open Jail covers 2-3 acres excluding farmlands.

to case basis. Any violations by an inmate

3. FACILITIES

within the open jail, usually results in him

Maximum Capacity: 172 persons

or her being confined again in the closed

Current Occupancy: 162 persons

jail. Convicts in crimes such as narcotics

Prison staff: 20 prison staff including

trade, gang wars, dacoity, robbery and rape

guards and ancillary staff.

are not considered for the Open Jail.

Each inmate in the Open Jail gets some specific advantages over the closed Central Jail. These usually include more liberty (but within the stipulated 2-3 acres of the jail premises), no lock ups, no bars, unlimited family visits so much so that they can sit and eat food with them in the open garden

3A. ACCOMMODATIONS The accommodations within the open jail premises consists of 4 barracks with a capacity of 43 persons each. Each barrack is single storeyed with a high plinth. Each barrack is provided with a small television, a few carom boards and a very small

But They All Come Back – Rethinking the Incarceration System in India

133

cubicle/area that is used as a toilet and for

3D. KITCHEN

bathing purposes. Inmates sleep on the

A barrack has been converted into a kitchen

ground as there is no provision for beds or

where about 6-8 inmates work daily to

any storage spaces.

provide the 132 inmates plus the 20 prison

Staff quarters include G and G+1 structures with sloping roofs and are a mix of individual bungalows as well as apartments

depending

on

the

job

description and hierarchy of the staff member. These are spread on the campus

staff with daily meals. The kitchen has a dry storage area as well. Raw materials for cooking are either brought in from outside the jail or are used from the farm lands in which the prisons work. In the same barrack, exists a canteen-cum-store that allows the inmates to purchase small items

plot.

of food like biscuits or other daily use items

3B. PRISON HOSPITAL

like toothpaste, soap etc. for subsidised

There exists no provision for a prison

amounts.

hospital or a post of for a doctor. Any inmate injured is taken to the prison hospital in the Yerwada Central Jail or to the municipal hospital about 6 km away

3E. PRISON INDUSTRIES Unlike the Yerwada Central Jail, the Open Jail has a limited number of industries. A power loom factory exists within the

from the open jail.

premises which provides work to about

3C. ADMINISTRATION

60% of the Open Jail inmates. The factory

The administration building is located in a

takes contracts for producing mosquito

barrack-converted-to-office structure at the

nets, blankets and bedsheets and supplies

main entrance gate. The open jail doesn’t

them usually within the government

allow the use of guns and does not store any

departments. Anything extra is sold off to

kind of ammunition within the premises. It

the common public.

is the master control area and houses the

The Open Jail also comprises of a nursery

following functions:

and 260 acres of farmland on which the

•

Writing office

•

Superintendent’s

prisoners work. The vegetables produced office,

jailor’s

are used by the Central and Open Jail. Also,

offices, staff offices

a number of cows, sheep, goats, buffaloes

•

Meeting rooms

and other cattle exist who are taken care

•

Record rooms

by the open jail inmates.

•

Staff common rooms

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134

Very recently, the prisoners are trying to

to spend time outside their barracks for as

breed fish in a small pond that is adjacent

long as they like. Some prisoners sing and

to the prison premises. Vermiculture and

act, whereas some play board games to pass

vermicomposting are two more activities

time. A specific inmate sketches and makes

that the inmates take part in.

models and sculptures using paper and

The prisoners usually earn INR 55, 60, 70

cardboard in his free time. The jail also has

per day for the work they do depending on

video conferencing facility. The jail

hours of work put in. This money is

campus include an open air area with a

deposited into each prisoners’ account and

stage for cultural performances and so forth

handed over to them after release or can be

during festivals and important days like

used within the prison to purchase items

New

from the canteen/store.

Independence Day, Gandhi Jayanti etc.

year,

Diwali,

Republic

Day,

Also, a number of yoga camps and

3F. EDUCATION AND

counselling sessions take place but these

VOCATIONAL TRAINING

are few and very spread out throughout the

Vocational training exists in the form of the

year. A Ganapati temple exists on the

training that the convicts receive while

premises right in the middle.

working in the various industries as mentioned above. Other than this, no other form of vocational training exists within the jail. Distance learning is available for those

ARCHITECTURAL ASPECTS

convicts that want to continue their education further but specialised courses

1. HISTORY AND AGE OF

are not available.

CONSTRUCTION The construction of the Yerwada Open Jail

3G. RECREATION

dates back to 1956 when the ideology of

The premises has ample of open ground,

open jails was introduced in the Indian

and as such, inmates generally play

penal system. Most structures within the

volleyball, football and cricket. Each

open jail premises date back to the 1955-

barrack is supplied with a couple of carom

1960 and the set up still remains pretty

and chess boards as well as a television.

much the same except for the power loom

Apart from the above, since the facility is

factory that was built in 1970’s.

an open system, the prisoners are allowed But They All Come Back – Rethinking the Incarceration System in India

135

2. MATERIALS USED

family members or any other visitors.

All the older construction was done in black

A large pond with filled with ducks and

basalt stone. These include the barracks,

other birds also exists adjacent to the

factory sheds, and office buildings. Later

entrance.

additions include a new barrack which has

•

Each barrack is a single storeyed

been built using bricks for walls with white

structure with a high plinth. It has high

plaster.

ground

walls (5.2m), a sloping roof and

structures with sloping roofs and a stone

windows with bars. There are no

plinth.

provisions for sleeping spaces or

These

barracks

are

closets – it is just a bare plinth where each prisoner sleeps on the ground. A

3. PLANNING CONCEPT •

small bathing area and toilet is present

The Yerwada Open Jail for males lies

within each barrack; these are too less

right behind the Yerwada Central Jail.

in number compared to the population

The open jail premises is situated on 23acres of land and has a 1.5m high barbed wire fence running all around

of each barrack.

•

behind the sleeping barracks.

the periphery instead of concrete walls as seen in the central jail. It has only one entry point which is just an iron bar gate about 1.5 m in height. Apart from this, the open jail also has 260 acres of farmland for growing vegetables and grains.

•

The layout within the prison premises is very similar to a village layout. The temple and cultural stage is right in the middle of the premises with the barracks with 2 barracks on each side

The kitchen cum store is placed right

DAILY SCHEDULE OF INMATES Being an open jail, there is no fixed schedule that the inmates follow but there are fixed timings for meal times and wake up and bed times as the prisoners are counted at least 4-5 times daily and a record is maintained. A daily schedule for the inmates starts with sunrise and ends with sunset.

of it. The administration building and the power loom factory are situated on

6.00 am: Prayers and counting

either sides of the entrance. A large

6.30 am – 7.00 am: One glass milk

garden exists right at the entrance that

provided.

is utilised by the prisoners to meet their

7.00 am: Bathing, toilets.

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136

8.00 am – 8.30 am: Morning tea and

4.00 pm – 6.00 pm: Work; inmates are

breakfast, usually fruits and porridge.

counted

9.00 am – 2.00 pm: Work allotment and

6.00 pm – 6.30 pm: Evening tea and

working within the prison industries;

snacks; outdoor recreation.

inmates can take breaks whenever they

6.30 pm – 8.00 pm: Free time

please and visit the kitchen or store for

8.00 pm – 9.00 pm: Dinner, usually 3 rotis,

snacks; inmates are counted

rice, dal and vegetables; inmates are

2.00 pm – 3.00 pm: Lunch; usually 3 rotis,

counted.

rice, dal and vegetables.

10.00 pm: Lights out and bed time; inmates

3.00 pm – 4.00 pm: Rest or recreation.

are counted.

Figure 61: Entrance gate at the outer periphery | Source: www.mahaprisons.gov.in

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137

Figure 62: Cultural programs at the temple and open stage | Source: www.sakaaltimes.com

Figure 63: Inmates working on the farmlands at the Yerwada Open Jail | Source: www.mahaprisons.gov.in

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138

OPEN AIR JAIL, BILASPUR, HIMACHAL PRADESH

Figure 64: Google Earth plan of Open Air Jail in Bilaspur. Himachal Pradesh

Figure 65: Google Earth map of Open Air Jail in Bilaspur showing zoning.

Area under closed under trial jail

Barracks in Open Jail

Cultural/Recreational Hall

Kitchen

Jail clinic

Jail periphery

But They All Come Back – Rethinking the Incarceration System in India

Administration + Store Staff Quarters

139

The Open Air Jail in Bilaspur, Himachal

The Open jail philosophy of punishment is

Pradesh is one of its kind and takes a

a rehabilitative and reformative one. It

different route in redefining the Open

provides the inmates with a medium to seek

Prison typology. The Open Air Jail in

repentance and remorse for their past acts.

Bilaspur has two different sections, first is

It is intended for those prisoners who

the open prison which is solely for male

present a low risk; can be reasonably trusted

convicted prisoners and the second is a 7m

in open conditions and for whom open

high walled area which solely for under trial

conditions are appropriate. Any inmate who

male and female prisoners (those who have

is a part of an open jail has to go through

not been convicted yet or have cases

the closed jail typology first before

pending in court).

qualifying for an open jail.

The Open Air Jail in Bilaspur, Himachal

For the Open Air Jail, Bilaspur, a prisoner

Pradesh has a very different take on the way

must have spent at least 7-8 years in a

it treats the inmates. Here, inmates are

closed jail and must have a good behaviour

allowed to work in and around the small

record for entry into an open jail system.

city of Bilaspur from 7am to 6pm during the

This may differ on a case to case basis. Any

day. They work in whatever field they are

violations by an inmate within the open jail,

good in, some even own shops and vehicles

usually results in him or her being confined

outside the prison. At night, they return

again in the closed jail. Convicts in crimes

back to their prison quarters to indulge in

such as narcotics trade, gang wars, dacoity,

their supper and have a good night’s rest.

robbery and rape are not considered for the

Most of the prisoners and guards call the jail

Open Air Jail.

as a ‘hostel’ of sorts for prisoners.

Each inmate in the Open Air Jail gets some

Shockingly, 95% of the inmates are serving

specific advantages over the closed Central

sentences for murder and many are lifers.

Jail. These usually include more liberty

The closed jail within the Open Air Jail in

(allowed to spent time outside the jail

Bilaspur is modelled the same as any

premises for work), no lock ups, no bars,

punitive model that have been covered in

unlimited family visits so much so that they

Chapter 7 of this book except maybe a few

can sit and eat food with them in the open

differences. An important point that needs

lawns of the jail or even at their own homes,

to be noted is that the closed jail houses

more chances of parole and remuneration

only under trials and not convicts.

for the amount of time spent in the prison with lowering of prison sentence (1 year spent in an open jail reduces the inmates

But They All Come Back – Rethinking the Incarceration System in India

140

sentence by 13 months, if behaviour is

storeyed with a flat roof. Each barrack is

good).

provided with a small television, a few

The atmosphere inside is quite relaxed and

carom boards and chess boards. Each

guards treat the inmates as friends rather

barrack has a separate toilet block with

than as criminals.

adequate number of bathing areas and toilets for the inmates. Inmates sleep on the

FUNCTIONAL ASPECTS

ground or on cots. There is storage space but these have been converted to small

1. WORKING MODEL:

individual kitchenettes.

Rehabilitative model; open prison typology.

Closed Jail: The accommodations within

2. AREA: 4 acres including the closed

larger cells that can hold up to 15 under trial

the closed jail consists of only barracks and

prisoners at a time. There are 3 barracks out jail for under trials and staff quarters.

3. FACILITIES

of which 1 is a two storeyed structure.

Staff quarters include G+1 apartment

Maximum Capacity (Closed jail): 74

buildings and are spread on the campus plot

male + 10 female

outside the open and closed jail boundaries.

Current Occupancy (Closed jail): 167 male + 5 female

3B. PRISON HOSPITAL

Maximum Capacity (Open Air Jail): 80

There exists no provision for a prison

males

hospital or a post of for a doctor but there is

Current Occupancy (Open Air Jail): 41

a small office that has been converted into

males + 5 paroles.

a clinic cum examination ward at the

Prison staff: 30 prison staff including

entrance of the closed jail. One pharmacist

guards and ancillary staff; 25 guards are for

is always on duty here and takes care of the

the closed jail, only 5 guards for the open

inmates’ ailments and minor treatments.

jail. 1 pharmacist, no position for doctor.

For major treatments, the injured is taken to the municipal hospital about 6-7 km away.

3A. ACCOMMODATIONS Open Air Jail: The accommodations within the open jail premises for prisoners consists of 2 barracks with a capacity of 40 persons each. Each barrack is single

This clinic-cum-examination ward mostly but not exclusively caters to the closed under trial prisoners as the open air jail inmates are allowed to go beyond the prison

But They All Come Back – Rethinking the Incarceration System in India

141

boundaries and avail of private doctor and

Inside the closed jail, exists a canteen-cum-

medical services.

store that allows the inmates to purchase small items of food like biscuits or other

3C. ADMINISTRATION

daily use items like toothpaste, soap etc. for

The administration building is a recently built new structure and is situated right at

subsidised amounts. There is also a small bakery with a single oven present.

the entry gate. The administration office had deemed to be too small and as such has

3E. PRISON INDUSTRIES

been converted to a store. The Open Air Jail

The Open Air Jail in Bilaspur, Himachal

does not allow the use of guns and does not

Pradesh has no real provision for an in-

store any kind of ammunition within the

prison industry. This is because the type of

premises. This is followed in the closed jail

open prison program they follow does not

as well. The entrance gateway along with

require such industries. The prisoners work

the administration building houses the

outside the jail premises and earn varying

following:

amounts depending on type of work. Many

•

Writing office

•

Superintendent’s

inmates have even bought shops and set office,

jailor’s

up small businesses outside the jail

offices, staff offices

premises. The money earned is deposited

•

Prisoner meeting rooms

with the jail authorities who further deposit

•

Record rooms

it within their personal accounts. This

•

Staff common rooms

money can be withdrawn by the prisoners as and when needed. This process is strictly

3D. KITCHEN

applicable ONLY to the convicts in open

The kitchen is housed between the closed

jail and not to the under trials in the closed

jails for the male under trials and the female

jail.

under trials. All the inmates that work in the

Apart from this, the convicts can also work

kitchen are the ones housed in the Open Air

in the prison kitchen and help in

Jail and not the closed jail. About 6-8

maintaining the lawns and gardens within

inmates work daily to provide the all the

the prison premises. A few convicts help

inmates of the closed and open jails plus the

out in the office of the prison.

prison staff with daily meals. Raw materials for cooking are brought in from outside the jail.

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142

3F. EDUCATION AND

play volleyball, football and cricket. Each

VOCATIONAL TRAINING

barrack is supplied with a couple of carom

Vocational training exists in the form of the

and chess boards as well as a television.

training that the convicts receive while

Apart from the above, since a majority of

working on the various jobs they get

the facility is an open system, the prisoners

outside. Other than this, no other form of

are allowed to spend time outside their

vocational training exists within the jail.

barracks for as long as they like but there is

Distance learning by the Indira Gandhi

a time limit on how much time they can

National Open University (IGNOU) is

spent altogether outside the prison complex

available for those convicts that want to

amongst the public. Some prisoners sing

continue their education further but only

and act, whereas some play board games to

basic courses like M.A., B.A, B.Sc., etc. are

pass time. Many jails throughout Himachal

available.

like

Pradesh have theatre and drama groups that

engineering or even business courses are

perform in different events throughout the

not available. Hence, there is a certain

year within and outside the prison. The jail

limitation to the education a prisoner or

also has video conferencing facility.

convict can get within the jail premises.

The jail campus includes a hall with a stage

Although, the convict in the open prison

for cultural performances and so forth

can go and enrol himself at any university

during festivals and important days like

outside the jail premises and continue his

New

education there but these universities and

Independence Day, Gandhi Jayanti etc.

colleges are usually far away from the Open

Also, a number of yoga camps and

Air Jail and it becomes difficult for the

counselling sessions take place but these

convict to travel back and forth.

are few and very spread out throughout the

Specialised

courses

Year,

Diwali,

Republic

Day,

year. There are benches and seating spaces

3G. RECREATION As the Open Air Jail in Bilaspur houses a

present in the lawns within the prison premises.

closed jail and an open system, it is bound that the inmates in the open system have a more relaxed atmosphere and more forms of recreation as well.

The premises has ample of open grounds and lawns, and as such, inmates generally But They All Come Back – Rethinking the Incarceration System in India

143

2. MATERIALS USED

ARCHITECTURAL

Almost all the older structures in the jail

ASPECTS

premises have been built using reinforced concrete and bricks. These include the

1.

HISTORY

AND

AGE

OF

barracks and office buildings. The barracks

CONSTRUCTION

have a stone plinth and is reinforced

The Open Air Jail in Bilaspur, Himachal

concrete framed structure. The walls are

Pradesh is one of the first open jail

made of bricks and coated with white/off

programs that started in India in 1960. At

white plaster. The cultural hall has been is a

inception, it remained as a traditional open

single storey load bearing structure and is

jail that did not allow the inmates to go out

made using local stone. The 7m high wall

and interact with the society. But over time,

that runs around the closed prison is purely

the authorities realised that most of the

made from reinforced cement concrete. The

convicts were actually the bread winners of

1.7m wall that runs around the whole prison

their respective families and hence their

campus is made of bricks and fenced with

families had no source of income once the

barbed wires.

convict was confined within prisons. As such, the ideology of allowing the convicts

3. PLANNING CONCEPT

in the open system to work outside the

• The Open Air Jail in Bilaspur, Himachal

prison premises was introduced. This

Pradesh lies in the small hilly town of

philosophy not only solved the issue of the

Bilaspur and is situated on the Shimla

convicts’ families in terms of money but

Kangra Highway. The jail complex

also provide the society to come over the

consists of an outer gate that leads to the

social stigma that it had developed towards

Open Air Jail and the staff housing

prisons and prisoners.

quarters as well as a couple of other

The whole complex remains pretty much

houses that have come up on the jail

the same except for the construction of the

land. The second gate provides the entry

new administration building and the

for the Open Air Jail and remains the

addition of 2 new barracks above the old

same as when constructed in 1960. Only

existing barrack (ongoing construction).

at the entrance gate is a 5m high stone wall visible, otherwise a small 1.7m brick wall with barbed wire fencing runs along the periphery.

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144

• The layout within the open premises is

for prison programmes like yoga,

hierarchical in terms of security along a

counselling, medical camps that take

central path. At the entrance is the

place rarely. But it is used on festive

administration building and the meeting

occasions and days.

rooms for the under trial prisoners.

• The closed prison is divided in to two

• Along the central path, towards the

section, the male prison for under trials

North are the open barracks, the old

and the female prison for under trials.

office building and the cultural hall and

Both the areas have a 7m high concrete

towards the South is the closed jail

wall running around them.

compound for the male and female under

• The female under trial closed prison

trials with the kitchen between them.

consists of one barrack. The male under

The central path has green lawns on both

trial closed prison consists of 3 barracks.

sides that are looked after by the

Out of these one barrack, the double

inmates. These lawns act as recreation

storey one, consists of cell blocks that

spaces and even have trees whose fruits

can accommodate up to 15 prisoners.

are utilised by the prison kitchen. The

Each barrack has its own toilet block

central path culminates at an open

which is adequate enough in number for

barrack and the entrance to the male

the prisoners.

under trial prison.

• A second entry/exit point in the whole

• Barracks for the closed prison are 2 in

complex exists towards the East of the

number accommodate up to 40 convicts

male closed jail complex that has been

each. Each barrack has a toilet block

converted into a guard station and a

with adequate bathing and toilet areas

storage area.

but the convicts prefer to use an open

• A part of one of the barracks within the

bathing and toilet space located the

closed male prison has been converted

western most part of the premises due to

into a small canteen-cum-store for the

absence of bad odour and better

under trial prisoners.

ventilation.

• Two more barracks with capacity for 40 prisoners each is being built on top of the existing barracks.

• The cultural hall, which remains pretty much closed throughout the year, is used

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145

DAILY SCHEDULE

FOR CONVICTS IN OPEN AIR

OF INMATES

Being an open jail, there is no fixed

FOR

UNDER TRIAL

JAIL:

CLOSED

PRISON: A daily schedule for the inmates starts with

schedule that the inmates follow but there are fixed timings for meal times and wake up and bed times as the prisoners are counted at least 4 times daily and a record

sunrise and ends with sunset.

is maintained. At no time during the day are 5.30 am: Prayers

the prisoners kept behind lockups. They

5.30 am – 6.00 am: Unlocking of

have to take their own responsibilities for

accommodations, letting prisoners out. One

laundry and cleanliness within the barracks.

glass milk provided.

A daily schedule for the inmates starts with

6.45 am: Bathing, toilets.

sunrise and ends with sunset.

7.45 am: Morning tea and breakfast, 5.30 am: Prayers

usually fruits and porridge.

8.15 am – 10.30 am: Free time, outdoor

6.00 am - 6.45 am: Bathing, toilets.

recreation.

10.30 am – 11.30 pm: Lunch; usually 3 12.00 pm – 4.00 pm: Rest; prisoners are and

locked

7.00 am: Morning tea and breakfast, usually fruits and porridge.

rotis, rice, dal and vegetables.

counted

6.00 am: One glass milk provided.

up

within

accommodations.

4.00 pm – 5.00 pm: Free time, outdoor recreation.

5.30 pm – 6.30 pm: Dinner, usually 3 rotis, rice, dal and vegetables; outdoor recreation.

6.45 pm: Locking up of prisoners within their cells and barracks.

7.00 pm – 7.30 pm: Free time locked within accommodation.

7.30 pm: Lights out and bed time.

7.30 am: Counting by guards; departure for work outside prison premises.

7.30 am – 6.00 pm: Work outside the jail premises, lunch is either eaten outside or they may return for lunch to the prison.

Also, each convict has the option to make his own food in the barracks on a small gas burner.

6.00 pm – 7.00 pm: Free time within prison premised, counting of returning convicts.

8.00 pm: Dinner, usually 3 rotis, rice, dal and vegetables; outdoor recreation.

10.00 pm/10.30 pm: Lights out and bed time; counting.

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146

IPC SECTIONS IMPOSED ON INMATES IN OPEN AIR JAIL, BILASPUR, HIMACHAL PRADESH 457 IPC 504 IPC 447 IPC 452 IPC 2% 1% 2% 4%

342 IPC 3% 341 IPC 2%

34 IPC 7%

325 IPC 1%

147 IPC 7%

324 IPC 5%

148 IPC 7%

323 IPC 9%

149 IPC 7% 201 IPC 2%

307 IPC 4%

207 IPC 1%

303 IPC 1% 302 IPC 36%

260 IPC 1%

34: Acts done by several persons in furtherance of common intention 147: Punishment for rioting 148: Rioting armed with deadly weapon 149: Every member of unlawful assembly guilty of foffence committed in prosecution of common object.

201:Causing disappearance of evidence of offence or giving false information to screen offender 207: Fraudulent claim to property to prevent its seizure as forfeited or in execution.

260: Using as genuine a government stamp known to be a counterfeit 302 : Punishment for murder.

303 : Punishment for murder by life convict.

307 : Attempt to murder.

323: Voluntarily causing grevious hurt.

324: Voluntarily causing hurt by dangerous weapons or means 325 : Punishment for voluntarily causing grevious hurt.

341: Punishment for wrongful restraint.

342: Punishment for wrongful confinement.

447: Punishment for criminal trespass.

452: House trespass or house breaking in order to commit offence punishable with imprisonment 457: Lurking house trespass or house breaking by night in order to commit offence punishable with imprisonment.

504: Intentional insult with intent to provoke breach of the peace

Figure 66: Chart showing inmates and their IPC sections in Bilaspur Open Air Jail.

Source: Interview conducted by author.

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147

Figure 67: Entry gate 1

Figure 68: Staff Quarters

Figure 69: Entry gate 2; inner periphery

Figure 70: Parking garage for prison vehicles

But They All Come Back – Rethinking the Incarceration System in India

148

Figure 71: Meeting area for under trial prisoners

Figure 72: Central path culminating at open barrack

Figure 73: New administration office

Figure 74: Recreational cum Cultural hall; presently kept shut

Figure 75: Entry point to women’s under trial closed jail

Figure 76: Old administration office; presently used for storage

But They All Come Back – Rethinking the Incarceration System in India

149

Figure 77: Barracks for Open Air Jail inmates; newly constructed barracks above old existing ones

Figure 78: Entry to existing barracks for Open Air Jail inmates

Figure 79: Interiors of existing barrack for Open Air Jail inmates

Figure 80: Sleeping facilities for Open Air Jail inmates in existing barracks

Figure 81: Interiors of existing barrack for Open Air Jail inmates

Figure 82: Interiors of existing barrack for Open Air Jail inmates

But They All Come Back – Rethinking the Incarceration System in India

150

Figure 83: Verandah outside existing barrack for Open Air Jail inmates; entry to newly constructed barracks

Figure 85: New barracks for Open Air jail inmates; ongoing construction

Figure 87: Open air toilet and bathing area

Figure 84: New barracks for Open Air jail inmates; ongoing construction

Figure 86: New barracks for Open Air jail inmates; ongoing construction

Figure 88: Open air toilet and bathing area

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151

Figure 89: Central path within the jail premises; green lawns are maintained by the inmates

Figure 91: Religious cum recreation space around trees

Figure 90: Periphery wall of bricks and barbed wire fence

Figure 92: Abutting roads leading to squatter settlements around the jail premises

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152

BASTOY ISLAND PRISON, NORWAY

Figure 93: Aerial view of Bastoy Island Prison, Norway | Source: www.wikipedia.org

PURPOSE: To understand the working, functioning and ideology of the prison as it is quite different and distinct from a typical prison in and around India.

Norway is a country that is widely known

the lowest rates of reoffending (recidivism)

as a ‘trend setter’ and regarded very highly

at 16% compared to other European

in the way in which it deals with the

countries (60%) and USA (70%).

offenders of the society. Bastoy Island

prison was built with an aim to instil

further strengthens this statement.

responsibility within the inmates. Focus is

Bastoy Island is a minimum security prison

on human rights and respect. Inmates are

located in Horten, Norway. It is an island

given a chance to live as humans and not

prison located about 2 km from the

animals as in the traditional punitive jail

mainland. The island prison follows a

model. The guiding mission of the prison is

rehabilitative and reformative path to treat

to treat prisoners humanely to boost their

the prisoners and holds the record of having

chances of reintegration into society

But They All Come Back – Rethinking the Incarceration System in India

The

153

through education and work, making them

superintendent in-charge of the prison, who

better people.

is a criminal psychologist as well, informs

Any inmate who is a part of the Bastoy

every prisoner on his admission to the

Island has to go through the closed jail

island that “if you should escape and make

typology first before qualifying for this

it across the water to free shore, find a

facility. Prisoners in Norway can apply for

phone and call so I know you are okay and

a transfer to Bastoy when they have up to 5

we don’t need to send the coast guard

years left for release. Every type of offender

looking for you or your body.”

including rape and murder maybe accepted

In totality, the Bastoy Island is a prison and

as long as they have a good behaviour

as such does follow a few rules. The

record and fit the criteria, the main one

prisoners are counted about 4 times during

being a determination to live crime free on

the day by guards, they are not allowed to

release. As such, Bastoy acts as a halfway

carry or utilise cell phones or any

home as well for the prisoners. Inmates are

communication devices onto the island nor

screened to make sure they are mentally

are televisions or any other electronics

stable and unlikely to plot escape before

allowed other than what are provided by the

entering the Bastoy Island. Almost all

prison authorities.

inmates at the Bastoy Island have served a majority of their punishment in a high security prison.

The relationship between guards and prisoners is strong as they are looked upon as correctional instructors rather than guards and most wear civil clothes like the prisoners. Guards even regularly eat meals and play sports with the inmates.

Being an island prison, it does not have any walls or fences, hence escape from the prison is quite easy. Still, no one truly tries to escape because if the prisoner is caught after escaping, he is sent back to the traditional closed jail and has his sentence

FUNCTIONAL ASPECTS

1. WORKING MODEL: Reformative model; open prison typology; island.

2. AREA OF ISLAND: 2.6 sq.km or about 642 acres

3. FACILITIES Current Occupancy: 115 inmates.

Prison staff: 69 prison staff including guards, instructors, various other staff.

Only 5 guards remain on island at night.

increased. He has no chance of going back to Bastoy to complete his prison term. The But They All Come Back – Rethinking the Incarceration System in India

154

3A. ACCOMMODATIONS

check-ups and that their mental health is

The inmates reside in singular villa type

kept fit.

wooden

houses.

Each

house

accommodates about 6-8 inmates; each inmate gets his own bedroom with shared rest rooms. They have a common living and dining space as well as a kitchen within the house. Facilities like television, radio, etc. is all available within the house. One inmate, usually the oldest, is chosen as the house keeper and his duty is to look after the house and the inmates residing in it. The houses have a nice green lawn in front and a backyard with storage areas as well as a

3C. ADMINISTRATION The administration building is modelled on the lines of an information centre and an office for the staff. It includes a number of offices for the superintendents and also incorporates

a

number

of

‘meeting

lawns’.Bastoy Island does not allow the use of guns and does not store any kind of ammunition

within

the

premises.

Administration building houses some of the following:

verandah. The ideology behind this is to develop a family system between inmates

•

Writing office

•

Superintendent’s

office,

jailor’s

offices, staff offices

while on the island as most inmates are

•

Prisoner meeting rooms

•

Record rooms

•

Staff common rooms

3B. PRISON HOSPITAL

•

Meeting lawns

There exists a small hospital on the island

•

Visitors’ centre

from dark and grim backgrounds and have never been a part of a family.

that takes care of all the ailments and treatments for the prisoners. The hospital has a psychiatric nurse in full time position

3D. KITCHEN CUM RESTAURANT The kitchen does not just function as a

and a doctor who is present half a day every

kitchen for the Island but also acts as a

week. In addition, a therapist and dentist

restaurant where prisoners, staff and

visit the premises twice a week. The

visitors can order any dish from the menu

hospital provides the inmates with ample of

that they like and pay for it using money.

counselling sessions and other self-help

Here, prisoners who want to learn the art of

groups for drug rehab, alcohol addiction,

cooking or want to take it up as a career

anger management, etc. The authorities see

after release are trained by professionals in

to it that the inmates take part in regular

the field. They learn to cook, serve, wait and manage restaurants. At the same time,

But They All Come Back – Rethinking the Incarceration System in India

155

inmates make some money as well working

Inmates get paid 10$ a day plus 125$ a

in the kitchen.

month for grocery shopping and other

One meal during the day is provided by the

activities.

prison kitchen to inmates. Other meals are to be fixed by the inmates at their respective

3F. EDUCATION AND

house kitchens using raw materials bought

VOCATIONAL TRAINING

from the prison store – the Cellar. The

Vocational training exists in the form of the

store is run by inmates and operates 3 days

training that the convicts receive while

a week for 3 hours each day.

working on the various jobs they get outside. Apart from this there exists a

3E. PRISON INDUSTRIES Prison industries on the Bastoy Island are known as work units. There are four main categories of work units on the island namely Agriculture, Technical, Kitchen and Maritime Unit.

Agriculture Unit includes working on the Bastoy farms and greenhouses that produce all the fruits and vegetables to be used; cow barns and sheep sheds for milk, meat and wool; horses for work; firewood production and seed and grass production.

The Technical Unit is responsible for many tasks related to the daily running of the island, from repair and maintenance of buildings to laundry and floor-cleaning. It also runs a saw mill, a carpentry workshop and a bicycle repair shop.

The Maritime Unit includes two boats, a ferry used to transport people, guards and prisoners and even goods and automobiles

Church and a school.

The Church provides the inmates with religious education which aids in the process of rehabilitation. A priest is present full time on the island is always ready to lend a ear to the inmates issues. He advises them on how to deal with their problems.

As such, the Church along with the services of the hospital provide a comforting atmosphere for a prisoner to reform. The Church also organises meetings and cultural events. The Church also helps out those prisoners that want to get in touch with the representative of another faith.

The School provides the inmates with a chance to finish their education or either take up a specialised course that may help them earn a livelihood upon release. They have a well set up IT lab and provide courses like graphic designing, marketing, engineering and many more at the school.

to and from the island and a fishing boat.

This unit is run by a combination of civilians and prisoners.

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156

3G. RECREATION

and the Bastoy Boys’ Home opened in

The Bastoy Island consists of a library

1900. It followed a very strict and brutal

building that is open every day all year

regime that had resulted in a number of

round. A librarian from Horten library

deaths on the island.

staffs the library twice a week, and inmates

In 1915, an uprising took place on the island

cover the rest of the week. The library lends

when about 30 - 40 boys rallied around four

out books, books on CD, movies, music,

youths

language courses, a few DVD players and a

recaptured. The group refused to work,

broad selection and magazines.

armed themselves with farming tools and

Apart from the library, the prison island

stones, cut the telephone lines and then

also include a gym with training equipment,

burned down the barn with stolen matches

indoor climbing walls, cycling, running,

and cigars. The Norwegian army had to step

fishing, walking trail around the island,

in to bring the rioters in control.

movie rooms, and equipment for different

The Boys’ Home was taken over by the

games indoors and outdoors like volleyball,

government in 1953. It was shut down in

football etc. A number of in-prison bands

1970.

and theatre groups present perform at the

The Bastoy Prison, as it is known today,

community hall around the year. Lectures

opened in 1982. An island that was once

and events from people who have finished

known for its brutal correctional techniques

their prison sentence and have recovered

and methods now incorporates a more

and live a normal life in the society take

progressive

place often. There are benches and seating

corrections and reformation.

spaces present in the lawns within the

In 2014, the prison was awarded the 2014

prison premises.

Blanche Major Reconciliation Prize for

who had

outlook

escaped and been

towards

prisoner

“promoting human values and tolerance”.

ARCHITECTURAL ASPECTS

2. MATERIALS USED All structures and buildings on the island

1. HISTORY AND AGE OF

are majorly constructed using local wood

CONSTRUCTION

suited for the climate of Norway. To avoid

Before the current prison, the island was

an institutional feel, exteriors are not

occupied by a juvenile detention centre,

concrete but made of bricks, galvanized

Bastøy Boys' Home. The Norwegian government purchased the island in 1898, But They All Come Back – Rethinking the Incarceration System in India

157

steel and larch; the buildings seem to have

as a ‘punching bag’ before stepping into the

grown organically from the woodlands.

world outside.

3. PLANNING CONCEPT

DAILY SCHEDULE

The Bastoy Island has been planned and

OF INMATES

constructed to mimic a basic village in any part of rural Norway. The prison is organized as a small island community with about 80 buildings, roads, beach zones, cultural

landscape,

football

field,

agricultural land and forest. The look and feel of the island makes the inmates feel they are back into the society and not a part of a prison or undergoing a sentence. This set up provides the inmates with a controlled environment which they can use

Being an open jail, there is no fixed schedule that the inmates follow but there are fixed timings for meal times and wake up and bed times as the prisoners are counted at least 4 times daily and a record is maintained. At no time during the day are the prisoners kept behind lockups. Work timings are between 8.30 am and 3.30 pm for five days a week. Lunch is usually at around 12.00 pm. Dinner is prepared by prisoners at their own houses.

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Figure 94: Ferry services operated by inmates of Bastoy Island | Source: www.gettyimages.ie

Figure 95: Aerial view of Bastoy Island | Source: www.turborotfl.com

But They All Come Back – Rethinking the Incarceration System in India

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Figure 96: Typical house for 6-8 inmates with individual rooms and shared kitchen etc. | Source: www.gettyimages.ie

Figure 97: View of inmate house with mainland in background | Source: www.prisonlaw.com

But They All Come Back – Rethinking the Incarceration System in India

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Figure 98: Phone booth yard on the island; used by prisoners to call home. | Source: www.gettyimages.ie

Figure 99: An inmate at the barn. | Source: www.affairstoday.co.uk

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Figure 100: Carpentry workshop and shed. | Source: www.felixfestures.photoshelter.com

Figure 101: Inmate working at the bicycle repair shop at the Island | Source: www.turborotfl.com

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Figure 102: Guards and inmates engage in a number of recreational activities together | Source: www.newstalk.com

Figure 103: Administration and visitor’s centre | Source: www.newstalk.com

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INFERENCE AND PERSONAL OBSERVATIONS Each facility that has been taken as a case

prisoner reacts and interacts with a fixed set

study - namely the Yerwada Open Jail, the

of people daily and resides in the same

Open Air Jail in Bilaspur and the Bastoy

stagnant environment with the same people.

Island Prison in Norway – are inspired by

As the convicts hardly get an opportunity to

the

and

venture into the society and the society too

rehabilitation but in their own different and

rarely comes in contact with the convict, the

unique ways.

society continues to treat the convict as an

philosophies

of

reformation

outcast or a taboo. The social stigma The Yerwada Open Jail works to better

continues to exist.

the life of a convict during the jail term and

Even though Yerwada Open Jail is a great

after release. It has better conditions and an

attempt at helping the prisoner stand on his

environment compared to the punitive

own and become a more responsible

system prevalent in the adjacent Yerwada

member of the society, for reintegration

Central Jail. Although, it does provide the

into the society it is not the best way that

inmates with activities and work to keep

can be adopted.

themselves busy and to earn a livelihood, the range of industries and activities present

Comparatively, the inmates of Open Air

within the premises are far too less in

Jail in Bilaspur, Himachal Pradesh stand

number. Most of the training activities are

a better chance at rehabilitation and direct

far too regressive and not in tune with

reintegration

today’s times. Higher education is also

Architecturally, the set up at the Yerwada

limited

are

Open Jail and the Open Air Jail in Bilaspur

unavailable. The Open jail does provide

is quite similar, but program wise they are

more liberty and freedom as the jail

vastly different. The Open Air Jail in

occupant moves from a central jail to an

Bilaspur housed convicts who mainly

open jail. But, the movement is only from a

comprised of male earning members of

9sqm cell to a 3 acre cell. The inmate is still

their respective families. This created

confined, albeit in a larger space. The

financial issues for their families. There

and

specialised

courses

But They All Come Back – Rethinking the Incarceration System in India

into

the

society.

164

was also a lack of the necessary industries

convict comes out of the institution as a

required to keep the prisoners occupied

more humane and contributing member of

within the jail. Hence, the Open Air Jail

the society and is welcomed with open

started letting out prisoners to work outside

arms.

the jail premises for the sole purpose of

A number of positives can be observed in

earning a livelihood. Unknowingly, at

the system that is followed in the Open Air

hindsight, this program proves to be

Jail in Bilaspur. This system does not

beneficial for both, the prisoners as well as

require the set-up of training programs or

the society. What the program does is that

arrangement of work industries and proves

it abolishes the social stigma connected to

to be more cost effective compared to a

the institution of the prison and its

traditional jail. The most prominent aspect

occupants.

is the direct interaction that exists between

Here,

prisoners

work

daily

in

the

convicts and members of the society.

commercial markets and industries doing

Convicts have a chance to play a much

small and big jobs for money. As such, they

more active role in their family matters and

find themselves to be more independent and

can meet them practically every day outside

in control of their lives. Many prisoners,

prison. Working outside the jail provides

during the interview sessions, expressed

the convicts with an advantage of earning

that staying in such a facility made them

as per market rate (compared to the low pay

realise the mistakes that they had made in

in jails) and eases the transition from the life

the past and helped them seek penitence for

of a prisoner to a life of a common man.

it. In this case, the prison term is not looked upon by the convict as being dictated upon

At first look, from the Indian perspective,

him by an authority, but there is an internal

the Bastoy Island comes out to be a very

realisation that one needs to do penance for

luxurious institution for the reformation of

the mistakes that one had committed

convicts. The island the boasts of facilities

knowingly or unknowingly. To add to this,

like sauna, steam, home theatres etc. which

the society too does not look down upon the

are a luxury in India even for the middle

convicts but treats them as human beings

class citizens. On a serious note, the

who have erred in the past for which they

ideology and program needs to be looked at

are repaying by completing their jail term.

in totality within the context of Norway

The society and the jail institution has over

before judgement. Emphasis needs to be

time come to follow the ideology of

laid on the fact that Norway ranks number

“Punish the sin, not the sinner�. Hence the

1 on the Human Development Index (HDI)

But They All Come Back – Rethinking the Incarceration System in India

165

by the United Nations. Hence, there is

It can be concluded that there are

bound to be vast differences between

advantages and disadvantages in every

standards of living in Norway compared to

system. Every system tells a different story

that in India.

and is set up and programmed to solve its own unique problems. The former two

And so it would be sheer madness to just

stand as prime examples of a rehabilitative

imitate and replicate the same without

program in the Indian context while the

understanding the Indian scenario first.

latter is a more progressive example on a

What can be done is to lift good aspects of

global level that can be looked at as an ideal

this system and adapt it to the Indian

in the field of penology.

environment.

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166

CHAPTER 10: CONCLUSION + DESIGN INTENT

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167

“We can’t solve problem by using the same kind of thinking we used when we created them.”-Albert Einstein The world outside the prison gates is

amounts of capital on the upkeep of the jails

continuously changing, the traditional

and its inmates, but to no avail as the returns

structures of family, workplace and society,

are barely visible.

all are in a state of constant change. There are

new

technological

advancements

cropping up every day and an influx of

Although there exists a shift, it is subtle one from inflicting physical pain to punishment of psyche and nothing more.

novel ideas being executed. In such a world, the prisoner who had once lost all contact

A fundamental change needs to be

with the outside world or severed all ties,

incorporated in the institution of a jail. It no

finds it next to impossible to cope up of ‘fit

longer needs to be a place for torture devoid

in’.

of sunlight, hygiene – a place deemed to strip an individual of his identity and

It is observed, in many cases, that prisoners who once released often reoffend in a few years’ time post release and re-enter the overcrowding prisons. In other words, they all back come back to where they began from. This points to the fact that the entire concept of jail and incarceration has lost its purpose. It has not succeeded in bringing about a positive behavioural change in the offender. Sadly speaking, jails do not justify the purpose for which they are created.

The existing Indian judicial and penal system fails miserably as it cannot bring about a positive cognitive change in the life of the individual it acquits. Moreover, the system proves to be a drain on the country’s economy as the country spends massive

dignity. Hence a new system is the need of the hour wherein reformation of the offender is the main concern compared to only punishment. There is a need to metamorphose prison cells into correctional facilities that provides the offender with opportunities to learn from mistakes and equip himself with skills necessary to take on the world post release. The penal system needs to more constructive and needs to realise if not all the inmates but a majority of them will walk out if the gates someday.

Jails need to become more than a mere institution for punishment. They should strive to bring about a transformation within offender that eventually benefits the society. Reintegration of the individual into the society demands the ability of the

But They All Come Back – Rethinking the Incarceration System in India

168

offender to personally adapt to the society

juncture, this support network is highly

and build on his creative skills. For this, a

important for these individuals as they lack

process of change is essential that must

living and coping skills needed to survive

engage rather than negate the emotions of

everyday life.

the offender. The offender must evolve physically, emotionally and intellectually.

Connections need to be made into the world outside the four walls of a prison to ensure smooth transition of the prisoner into society. The society too needs to perceive jails not as places that breed negativity but as institutions that reform broken souls and heal them to re-enter the society as positive contributing members.

One needs to break out of the current regressive thinking at an individual and societal level. A radical solution needs to be arrived at which discards the age old punishment philosophies or characteristics.

In order to achieve this, a redefining of the name of the facility, the individuals within, the program and form must occur. The redefining is essential to communicate to the society as well as the offenders the new aim, which is to humanise all individuals

This ideology, rationale, and philosophy of

and encourage empathy.

the process of transformation must be

This thesis is directed not only to just

carefully shaped and sculpted to arrive at a

reforming the existing penal system but it

physical attribute that will prove to be a

also questions the role of architecture in this

frontrunner

primary

system. This would also mean questioning

ideology it is built upon, in form and

the function of the prison which could be

design. It is a movement from an abstract

punitive, a place to punish the inmates and

concept to a physical reality. It is here that

to ostracise them or reformative, a place to

architecture can play a vital role in creation

reform and reintegrate them into the

of a conducive environment that facilitates

society. The end goal must be to reintegrate

the reformation of the inmates.

the inmates into the society while still

to

advocate

the

There is a need for an institution which can promote easy transition of an inmate from the prison into the community. These

providing

guidance

and

behavioural

changes which could lead to a reduction in recidivism rates.

institutions must not be located far away as

An alternate solution is required to the

the individual will lose out on support

existing incarceration system, which has

network of family and friends. At this

failed miserably, that works on the

But They All Come Back – Rethinking the Incarceration System in India

169

emotions of the offender at different stages

To reintegrate into the city life, it may

of imprisonment and provide necessary

require a public side to the prison wherein

interventions to heal them. For example, in

the institution becomes porous to the city

the initial period of incarceration a prisoner

area welcoming guests or citizens to accept

goes through various emotions of anger,

the offenders back into the society and

frustration, hatred, loneliness, fear, loss of

employ them in retail spaces, restaurants,

identity etc. At this stage a healing

recreation fields and so on. This kind of

atmosphere in form of calm and quite

infiltration of the community into the

spaces designed to look outward into the

institution can give back to the environment

nature, spaces where emotions can be

and society in terms of recreation and

expressed,

an

economic revitalization. It may allow

individual to contemplate on his actions and

surrounding areas and streets to be a part of

consequences, spaces where creativity can

the institution which will enhance the

unfold be it writing, painting, drawing or

effective

even performing arts.

between the prison and the society. Such an

spaces

that

motivate

Later on, when the offender has reached calmness and has embraced the situation, he would be more approachable and would welcome moves to reform him in a positive manner. He may decide to work or educate himself, as such, the institution must have

transition

of

the

offenders

environment would prepare the offenders for release, reduce the societal stigma inflicted on them post release and help them with the training and placement that is essential to reconnect them with the free world.

necessary provisions.

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170

CHAPTER 11: SITE

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171

SITE CRITERIA Urban cores witness a major influx of

implications on the process of rehabilitation

population every year. With this rapid

and reformation of the offenders.

increase in population, the urban cores see a trend of increase in crime rate as well.

Crimes are much higher in mega cities compared to either small cities or rural areas. High incidents of crimes in mega cities can be accounted due to various factors like high density of population, greater

information

availability/flow,

greater degree of anonymity in big cities,

The intent of the institution must be to strengthen the ideology that inmates are a part of the society and need to be treated as members of the society as well – within the institution as well as post release in the society. Just as a prisoner is to be reintegrated into the society, the institution of a prison must also be re-integrated into the society.

social milieu of urban slums etc. Evidence to growing crime in Mumbai is the increase

The location of the proposed institution

in crime rate (per 1 lakh population) from

must be a confluence of a developed urban

219.2 in 2014 to 233.2 in the year 2015.

community for the positive re-integration of

Mumbai alone has seen 42,940 incidents of

the offender as well as an isolated and

crime in 2015. (NCRB, Crime in India –

peaceful area that aids the inmates in times

2015)

of solitude and self-reflection. As the Model Prison Manual does not allow any

Crime is a local issue and needs to be dealt locally as well. Hence, to deal with urban crimes there is a need to create prisons and correctional facilities that are placed in close proximity to urban cores and areas rather than shifting these urban elements to into correctional facilities located in distant lands. It is not that these isolated facilities are unfitting but they are detrimental for their occupants in specifically maintaining

kind of penal institution to be constructed in urban localities, the proposed institution will be located in close proximity to urban localities. Purpose is to keep offenders in close proximity to their local community (in this case Mumbai) so as maintain relationships between family and friends to provide a seamless integration back into the community

upon

completion

of

the

sentence or term.

family ties which in turn can have serious

But They All Come Back – Rethinking the Incarceration System in India

172

The following pointers form the site

further education and development

criteria:

of the offender.

•

In close proximity to an urban core

•

or locality which has the necessary infrastructure.

•

for

easy

access

between

inmates

and

Public spaces to ensure interaction between public and offenders.

Availability of different means of transportation

healthcare

services like hospitals, clinics etc.

•

public

Close proximity to

•

Other

important

public

utility

infrastructures like police stations

families, friends and work places

and post offices.

etc.

•

• Higher employment opportunities for inmates in retail, commercial, industrial and government sectors.

•

Religion plays an important role in reformation of the offender and hence religious structures in the vicinity is a criteria.

A fair set of school, colleges and other institutions that can aid in

But They All Come Back – Rethinking the Incarceration System in India

173

TENTATIVE SITE A SITE AT MANKHURD

Figure 104: Google Earth plan showing Site A at Mankhurd.

But They All Come Back – Rethinking the Incarceration System in India

174

Figure 105: Google Earth plan showing Site A at Mankhurd; showing surrounding proposed land use according to draft development plan 2034.

Site under consideration Land reserved for Metro rail yard

Residential zones

Cemetery ground

Water body

No development zone

But They All Come Back – Rethinking the Incarceration System in India

175

Mankhurd is a suburb in eastern Mumbai.

•

The site has been published in

The township lies on the Harbour Line and

newspapers as a proposed site for a

is the last stop in the city before Navi

jail.

Mumbai. Mankhurd is easily the eastern

•

most part of the Mumbai city limits and is

The site is surrounded by a water body on three sides and a no

surrounded by Chembur, Anushaktinagar

development zone on two sides,

and the Bhabha Atomic Research Centre in

hence, it is quite secluded and

the West, Govandi and Deonar in the North

isolated.

and Trombay in the South.

Mankhurd has a number of schools and

•

set forward by the Model Prison

educational institutions with many more

Manual 2016 for the construction of

located in the surrounding areas of

correctional

Chembur and Anushaktinagar. A number of

facilities

(buffer

zones).

government institutions and female shelter homes as well as children shelter homes are

The site agrees with all the criteria

•

The site is well connected. Sion-

located in Mankhurd. It is a well set up

Panvel highway runs adjacent to the

urban locality with adequate infrastructure

site. Mankhurd railway station is

and easy access. As such, Mankhurd forms

1.8km from the site. Nearest bus

an ideal macro-climate for the sustenance

stop is 1.2 km or a 15 minute walk

of a correctional institution.

from the site.

The tentative site in consideration is located

•

Plots around the site have been

south of the Mankhurd railway station.

reserved for a metro rail yard, a

Some pointers that play positive for the site

cemetery and a police station.

are:

• •

A plot has been reserved for a court

The site is reserved under ‘Public

north of the Mankhurd railway

Utilities: Correctional Facilities’ in

station, 2.7 km from the site.

the Draft Development Plan 2034 (May 2016).

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176

TENTATIVE SITE B SITE AT TALOJA, KHARGHAR

Figure 106: Google Earth plan showing Site B at Taloja, Kharghar.

But They All Come Back – Rethinking the Incarceration System in India

177

Figure 107: Google Earth plan showing Site B at Taloja, Kharghar; showing surrounding proposed land use according to nodal development plan by CIDCO.

Site under consideration Tata Memorial Hospital

Residential zones

Existing Taloja Jail

Commercial zone

No development zone, Kharghar Hills

But They All Come Back – Rethinking the Incarceration System in India

178

Kharghar is one of the fourteen nodes that

Kharghar Central Park are also situated

constitutes the city of Navi Mumbai in

here. Major hospitals include the Tata

Maharashtra. It foundation was laid in 1971

Memorial Centre and Tata Memorial

and has been developed by the City and

Hospital.

Industrial Development Corporation of Maharashtra for the prime purpose of reducing the population load on the Mumbai City. Navi Mumbai has today become a unique project by virtue of its pattern of development, housing, social and physical infrastructure and sustainable

The tentative site in consideration is located at the outskirts of Kharghar near the foot of the Kharghar hills. It is close to the Taloja industrial estate and located in the same area as the existing Taloja Jail (closed punitive typology). Some pointers that play positive for the site are:

futuristic planning, earning the city a reputation of being a Super City and one of

•

The Taloja Jail plot is reserved under ‘Jail Plot’ in the nodal development

the largest planned cities in the world.

plans from CIDCO. Kharghar adjoins the Central Business District of Belapur in Navi Mumbai and is

•

The

already

existing

Taloja

jail

bound by two major highways and the

provides a ready environment for the

picturesque Kharghar Hills. Kharghar is

proposed institution and would not be

primarily a residential township, but also

an issue for the residents of Kharghar as

has several educational institutions, retail

it has a large number of residential

and commercial hubs as well as numerous

zones.

industries. The Taloja industrial estate and

•

The site agrees with all the criteria set

Taloja creek are located on the north and

forward by the Model Prison Manual

east of Kharghar.

2016

Kharghar is a well-developed node in terms

correctional facilities (buffer zones).

of infrastructure and public utilities. It has

•

12 schools and 12 institutes for higher education including leading names like National Institute of Fashion Technology (NIFT),

Institute

of

Technology

Management (ITM) and many more in the neighbouring nodes. A number of religious

for

the

construction

of

The site is well connected. The Raintree marg connects the site to the SionPanvel highway. Kharghar railway station is 6 km from the site and the Taloja railway station is 2.3 km from the site. Nearest bus stop is 350m or a 2 minute walk from the site.

institutions as well as public spaces like the But They All Come Back – Rethinking the Incarceration System in India

179

•

With the Kharghar hills being a no

•

The Taloja industrial estate in the

development zone, the site provides a

vicinity combined with the large

perfect confluence of urban and rural. It

number of retail and commercial

is as much a part of the urban area of

opportunities can provide the offenders

Kharghar, as being isolated and nestled

with big and small time jobs.

in nature.

Figure 108: View of site and surroundings with Taloja Jail and Kharghar Hills in the background.| Source: www.plus.google.com

But They All Come Back – Rethinking the Incarceration System in India

180

TENTATIVE SITE C SITE AT VASAI Vasai is a suburban town in Palghar district,

fishing, horticulture and farming. Industries

30 km north of Mumbai in the Maharashtra

have been gaining a prominence in this

state of India. It forms a part of Vasai-Virar

region as well. There are many factories

city and is the fifth largest city in

coming up in eastern part of Vasai. Many

Maharashtra. The city is located on the

multinationals have started their business in

north bank of Vasai Creek and is a mixture

different parts of Vasai. Valiv is industrially

of urban cities and rural farmlands. The

developed area along with small industrial

City is well connected to Mumbai by

pockets near Virar, Vasai and Nallasopara.

Western Railway and through Mumbai-

The major industries in the area are

Ahmedabad National Highway. The city is

chemicals,

connected

Thane,

plastic, printing press, spare parts, salt pans,

Bhiwandi, Kalyan and Panvel cities by the

etc. It is a well set up urban locality with a

Vasai-Diva Railway line.

number of education institutes, adequate

to

Navi

Mumbai,

Traditionally, Vasai has always been an agriculturally dominated area. Natives of the region mostly have businesses setup in

electronics,

pharmaceutical,

infrastructure and easy access. As such, Vasai forms an ideal macro-climate for the sustenance of a correctional institution.

Figure 109: Google Earth plan showing Site C at Vasai, Mumbai.

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181

Figure 110: Google Earth plan showing Site C at Vasai, Mumbai; showing surrounding proposed land use according to regional development plan.

Site under consideration Government Buildings

Pachu Bandar Koliwada Community

Vasai Fort, heritage structure

No development zone, Swamps and mangroves

The tentative site in consideration is located

•

The site agrees with all the criteria set

to west of the Vasai Fort and near Pachu

forward by the Model Prison Manual

Bandar. Some pointers that play positive for

2016

the site are:

correctional facilities (buffer zones).

•

•

The site is reserved under ‘Public

•

for

the

construction

of

Being close to a water body, a no

Utilities’ in the Regional Development

development zone and the Vasai Fort it

Plan.

can be considered that the surrounding

The site is surrounded by a water body and heavy mangrove plantations. The adjacent

plot

houses

structures

belonging to a government department.

will not change much and the tranquil and peaceful atmosphere will never cease to exist. Urban areas of Vasai being closer also add to the fact the site meets all the requirements needed for the proposed institution.

But They All Come Back – Rethinking the Incarceration System in India

182

•

The site is well connected by the Killa

•

The Vasai Court of Law is close to the

and Kacheri road that connects the site

site at a distance of 850m. A police

to the urban cores of Vasai. Naigaon

station is 1.1 km away from the site.

railway station is the closest railway

•

station at a distance of 7.2 km from the site. Nearest bus stop is 100 m or a 2 minute walk from the site.

The varied industrial and commercial zones in close proximity to the site as well as the small time industries at Panchu

Bandar

can

provide

job

opportunities for the offenders staying at the institution.

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183

TENTATIVE SITE D SITE AT WALIV, VASAI

Figure 111: Google Earth plan showing Site D at Waliv, Vasai, Mumbai.

Figure 112: Google Earth plan showing Site D at Waliv, Vasai, Mumbai; showing surrounding proposed land use according to regional development plan.

Site under consideration

Residential Zone

Industrial Zone

No development zone, Forest Land

But They All Come Back – Rethinking the Incarceration System in India

Hospital

184

The tentative site in consideration is located

facing the urbanised and industrial parts

in Waliv, an industrial part of Vasai East.

of Vasai, the site offers a perfect

The site was previously a stone quarry

combination and environment needed

which has been shut down over time due to

for the reformation and reintegration of

environmental damage and unsafe mining

the offender into the society.

techniques.

Some

pointers

that

play

•

positive for the site are: •

•

Sativali road that connects the site to the

The site is reserved under ‘Public

other urban cores of Vasai. Vasai road

Utilities’ in the Regional Development

railway station is the closest railway

Plan.

station at a distance of 5 km from the site. Nearest bus stop is 1.3 km or a 15

The site is located on the outskirts of the

minute walk from the site.

industrial Waliv sector of Vasai and is surrounded by a no development zone

•

on three sides.

•

cores of Vasai can result increased job

The site agrees with all the criteria set

2016

for

Being amidst an industrial sector as well as in close proximity to the urban

opportunities for the offenders at the

forward by the Model Prison Manual the

construction

institution.

of

correctional facilities (buffer zones).

•

The site is well connected by the

•

With one part of the site facing a green no development zone and the other part

But They All Come Back – Rethinking the Incarceration System in India

The site being a shutdown stone quarry, a proposal for the institution here will result in a brownfield redevelopment.

185

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Mischel, W. (1968). Personality and Assessment. Michigan: Wiley.

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Pollock, J. (2014). The Rationale for Imprisonment. In: J. Pollock, A. Blackburn and S. Fowler, ed., Prisons Today and Tomorrow, 3rd ed. Texas.

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National Crime Records Bureau, Ministry of Home Affairs, (2015). Prison Statistics India – 2014. New Delhi.

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Raju, Dr. L.P. (2014). Historical Evolution of Prison System in India. [pdf]. India. Available at: https://www.worldwidejournals.com/indian-journal-of-applied-research(IJAR)/file.php?val=May_2014_1398965526_e9548_86.pdf [Accessed 04 Nov. 2016] Sanyal, N. The Architecture of Incarceration: Changing paradigms in prison architecture. [pdf]. India. Available at: http://www.academia.edu/5970218/The_Architecture_of_Incarceration_Changing_parad igms_in_prison_architecture [Accessed 07 Sept. 2016]

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Priya, T. (2014). Reformative Theory of Punishment. [online] lawctopus.com. Available at: http://www.lawctopus.com/academike/reformative-theory-of-punishment/ [Accessed: 01 Oct. 2016] Sturley, R. (2010). Leading the way? Architecture effectiveness put to test. [online] World Architecture News. Available at: http://www.worldarchitecturenews.com/wanmobile/mobile/article/15147 [Accessed: 09 Nov. 2016] Tiwary, D. (2016). Why India has a ‘low’ crime rate. [online] Indian Express. Available at: http://indianexpress.com/article/india/india-news-india/why-india-has-a-low-crime-rate/ [Accessed: 10 Oct. 2016] Trueman, C. N. (2015). Why do people commit crime?. [online] The History Learning Site.

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2016] Criminal Psychology, (2016). Criminal Behaviour. [online] Available at: http://www.ecriminalpsychology.com/criminal-behavior/ [Accessed: 03 Sept. 2016] Hindustan Times, (2016). Construction of two new barracks begins at Arthur Road jail. [online] Available at: http://www.hindustantimes.com/mumbai/construction-of-two-newbarracks-begins-at-arthur-road-jail/story-owZ4ME58gTNh7XZ5BpAAoO.html [Accessed: 02 Nov. 2016] Jewkes, Y. (2016). How to build better prisons. [online] The Conversation. Available at: https://theconversation.com/how-to-build-better-prisons-55174 [Accessed: 09 Nov. 2016] Law.jrank.org, (2004). Causes of Crime - Explaining Crime, Physical Abnormalities, Psychological Disorders, Social and Economic Factors, Broken Windows, Income and Education. [online] Available at: http://law.jrank.org/pages/12004/Causes-Crime.html [Accessed: 03 Sept. 2016].

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LIST OF FIGURES Figure 1: Grandeur of the Taj Mahal complex | Source: www.fatsaloon.com http://fatcdn.hipobw1hofq5ehpwigfo4.netdna-cdn.com/wp-content/uploads/2015/04/tajmahal-drone-photography-1024x705.jpg Figure 2: Use of water bodies at the Norbulingka Institute Figure 3: Unison of nature and architecture at the Norbulingka Institute Figure 4: Play of textures and materials in Sancaklar Mosque, Istanbul by Emre Arolat Architects |Source: www.detail-online.com http://www.detail-online.com/fileadmin/_processed_/csm_Sancaklar-Moschee-Rohbau6_96ffbc92f7.jpg Figure 5: Usage of natural textures, materials and colours in Jain Bunglow by Nari Gandhi | Source: www.archnet.org http://archnet.org/sites/6329/media_contents/61103 Figure 6: Play of shade, shadow and light in the Church of Light by Tadao Ando | Source: www.someslashthings.com http://www.someslashthings.com/online-magazine/2014/10/29/somearchitecture-church-oflight-osaka-japan-tadao-ando Figure 7: Play of shade, shadow and light in the Koshino House by Tadao Ando | Source: www.archdaily.com http://www.archdaily.com/161522/ad-classics-koshino-house-tadao-ando Figure 8: Elevation, Section and plan of Panopticon prison | Source: www.wikipedia.org https://en.wikipedia.org/wiki/File:Panopticon.jpg Figure 9: Artist’s impression of being locked up in the panopticon prison Source: www.studymore.org.uk http://studymore.org.uk/letupray.jpg Figure 10: Plan of Eastern State Penitentiary in 1836 Source: www.wikipedia.org https://en.wikipedia.org/wiki/File:Eastern_State_Penitentiary_Floor_Plan_1836.png Figure 11: Interiors of the Auburn State Prison Source: www.geocities.ws http://www.geocities.ws/philyes/prisoncell.gif Figure 12: Radial layout of the Pentonville Prison Source: www.wikipedia.org https://en.wikipedia.org/wiki/File:Pentonvilleiso19.jpg But They All Come Back – Rethinking the Incarceration System in India

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Figure 13: Artist’s impression of the Pentonville prison circa 1842 Source: www.wikipedia.org https://en.wikipedia.org/wiki/File:Pentonville_Prison_ILN_1842.jpg Figure 14: Plan of inmate floor with cells arranged around perimeter Source: www.chicagomodern.wordpress.com https://chicagomodern.wordpress.com/2012/03/19/metropolitan-correctional-center/ Figure 15: Utilisation of soft architecture for the interiors Source: www.blueprintchicago.org http://www.blueprintchicago.org/wp-content/uploads/2010/12/MCC-Interior.jpg Figure 16: Entry path of Halden Prison | Source: www.architecturenorway.no http://www.architecturenorway.no/projects/culture/halden-prison-2009/ Figure 17: Galvanised steel façade at Halden Prison | Source: www.archdaily.com http://www.archdaily.com/154665/halden-prison-erik-moller-arkitekter-the-most-humaneprison-in-the-world/untitled-7-3 Figure 18: Murals on the walls of Halden Prison | Source: www.publicartnorway.org http://publicartnorway.org/content/uploads/2014/06/KORO.006358-1-Large-828x550.jpg Figure 19: North Branch Correctional Institution, USA | Source: www.mascaroconstruction.com http://www.mascaroconstruction.com/images/projects/preview/Cumb5b0250.jpg Figure 20: Cells at the North Branch Correctional Institution, USA | Source: www.mascaroconstruction.com http://www.mascaroconstruction.com/images/projects/preview/fcumberlandprison5a0250.jpg Figure 21: Remnants of the Abu Ghraib Prison in Iraq |Source: www.islamicinvitationturkey.com http://www.islamicinvitationturkey.com/wp-content/uploads/2014/04/358661_Abu-Ghraibprison.jpg Figure 22 | Source: ‘Violence’ by Raj Birdi Figure 23: Collage of infographics representing rise of crime in India Figure 24: Graph showing cases reported under IPC cognizable crimes during 1953 - 2015 | Source: Crime in India 2015 NCRB Figure 25: Map showing cases registered under IPC crimes during 2015 | Source: Crime in India 2015, NCRB

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Figure 26: Map showing rate of IPC crimes during 2015 | Source: Crime in India 2015, NCRB Figure 27: Graph showing cases registered & rate of IPC crime percentage change during the year over 2005 | Source: Crime in India 2015, NCRB Figure 28: Bar graph showing category wise cognizable crimes during 2011 - 2015 | Source: Crime in India 2015, NCRB Figure 29: Countries with high crime rates | Source: UNODC; The Indian Express http://indianexpress.com/article/india/india-news-india/why-india-has-a-low-crime-rate/ Figure 30: Map showing HDI of various states | Source: India Human Development Report 2011; Indiaspend.com http://www.indiaspend.com/cover-story/dont-report-it-how-bihar-fights-crime-36371 Figure 31: Bar graph showing crime rate of various states | Source: NCRB, Crime in India 2014; Indiaspend.com http://www.indiaspend.com/cover-story/dont-report-it-how-bihar-fights-crime-36371 Figure 32: Bar graph showing murder rate of various state | Source: NCRB, Crime in India 2014; Indiaspend.com http://www.indiaspend.com/cover-story/dont-report-it-how-bihar-fights-crime-36371 Figure 33: Indian Scenario, Non registration of FIR | Source: International Crime Victimisation Survey; The Indian Express http://indianexpress.com/article/india/india-newsindia/why-india-has-a-low-crime-rate/ Figure 34: Newspaper articles | Source: Indiaspend.com; The Indian Express 2016 http://www.indiaspend.com/cover-story/dont-report-it-how-bihar-fights-crime-36371 http://indianexpress.com/article/india/india-news-india/why-india-has-a-low-crime-rate/ Figure 35: Life in Jail | Source: Arun Ferreira, Ex-convict http://www.frontline.in/multimedia/dynamic/02220/fl12_bk_arun_2_jpg_2220253g.jpg Figure 36: Welcome to My World | Source: Ronald W Clark, convict. https://betweenthebars.org/posts/4924/welcome-to-my-world Figure 37: Life in Jail | Source: Arun Ferreira, Ex- convict. https://i0.wp.com/www.indiaresists.com/wp-content/uploads/2014/09/ArunFerreira.jpg?resize=1024%2C713 Figure 38: Bar graph showing available capacity vs Inmate population in the states at the end of the year 2015 | Source: Crime in India, NCRB – 2015 Figure 39: Life in Jail | Source: Arun Ferreira, Ex- convict. http://www.openthemagazine.com/sites/default/files/inline_contents/image/Inline%20Content /diaries-cartoon-4.jpg But They All Come Back – Rethinking the Incarceration System in India

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Figure 40: Bar graph showing percentage of recidivists (out of total persons arrested) during 2011 - 2015 | Source: Crime in India, NCRB – 2015 Figure 41: Jails have drastic effects on its users | Source: Unknown Figure 42: Bakery in Tihar Jail, New Delhi | Source: Reuters, India http://in.reuters.com/news/picture/life-at-tihar-jail?articleId=INRTR2MS0T Figure 43: Textile Industry in Tihar Jail, New Delhi Source: www.photoshelter.com http://in.reuters.com/news/picture/life-at-tihar-jail?articleId=INRTR2MS0T Figure 44: Map of India showing state wise prisoner occupancy rate as on 31.12.2015 | Source: Prison Statistics, NCRB – 2015 Figure 45: Bar graph showing number of jails, capacity and occupancy of inmates in the country at the end of 2015 | Source: Prison Statistics, NCRB – 2015 Figure 46: Bar graph showing state wise comparison of occupancy rate at the end of 2015 over 2014 | Source: Prison Statistics, NCRB – 2015 Figure 47: Bar graph showing available capacity vs inmate population in states at the end of the year 2015 | Source: Prison Statistics, NCRB – 2015 Figure 48: Pie chart showing percentage distribution of recidivist under IPC during 2015| Source: Prison Statistics, NCRB – 2015 Figure 49: Pie chart showing death of prison inmates during 2015 | Source: Prison Statistics, NCRB – 2015 Figure 50: Bar graph showing state wise unnatural deaths of inmates at the end of 2015 | Source: Prison Statistics, NCRB – 2015 Figure 51: Google Earth plan of Thane Central Jail, Mumbai.

Figure 52: Google Earth plan of Thane Central Jail, Mumbai showing zoning Figure 53: Entry gate at the outer periphery of the Thane Central Jail | Source: www.dnaindia.com http://static.dnaindia.com/sites/default/files/styles/half/public/2014/09/07/265623jail1.jpg?itok=hRVDsxdk Figure 54: Inmates as the worksheds in the Thane Central Jail | Source: www.indianexprees.com http://images.indianexpress.com/2015/07/yakub6.jpg Figure 55: Google Earth plan of Yerwada Central Jail, Pune Figure 56: Google Earth plan of Yerwada Central Jail, Pune showing zoning.

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Figure 57: Main entry gate of the Yerwada Central Jail | Source: www.mid-day.com http://images.mid-day.com/images/2016/jun/01Yerawada-Central-Prison.jpg Figure 58: Inmates at the Yerwada Central Jail attending yoga sessions | Source: www.indianexpress.com http://images.indianexpress.com/2015/11/yoga-jail-inmates759.jpg Figure 59: Google Earth plan of Yerwada Open Jail, Pune.

Figure 60: Google Earth plan of Yerwada Open Jail, Pune showing zoning.

Figure 61: Entrance gate at the outer periphery | Source: www.mahaprisons.gov.in http://mahaprisons.gov.in/Uploads/Photo_upload/b81376a5-686e-43ae-8780ad8af8e57ec8Yerwda_Open_Jail.jpg Figure 62: Cultural programs at the temple and open stage | Source: www.sakaaltimes.com http://72.78.249.126/SakaalTimesBeta//20150624/images/4686598789663773844/46663229 45550757803_Org.jpg Figure 63: Inmates working on the farmlands at the Yerwada Open Jail | Source: www.mahaprisons.gov.in http://mahaprisons.gov.in/Uploads/Photo_upload/aa27f0ee-de72-4e1b-9c336b13b61271d2prisoner_planting_Paddy_at_Yerwada_Open_Jail_800x533.jpg Figure 64: Google Earth plan of Open Air Jail in Bilaspur. Himachal Pradesh Figure 65: Google Earth map of Open Air Jail in Bilaspur showing zoning Figure 66: Chart showing inmates and their IPC sections in Bilaspur Open Air Jail.

Source: Interview conducted by author.

Figure 67: Entry gate 1 Figure 68: Staff Quarters Figure 69: Entry gate 2; inner periphery Figure 70: Parking garage for prison vehicles Figure 71: Meeting area for under trial prisoners Figure 72: Central path culminating at open barrack Figure 73: New administration office Figure 74: Recreational cum Cultural hall; presently kept shut Figure 75: Entry point to women’s under trial closed jail Figure 76: Old administration office; presently used for storage But They All Come Back – Rethinking the Incarceration System in India

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Figure 77: Barracks for Open Air Jail inmates; newly constructed barracks above old existing ones Figure 78: Entry to existing barracks for Open Air Jail inmates Figure 79: Interiors of existing barrack for Open Air Jail inmates Figure 80: Sleeping facilities for Open Air Jail inmates in existing barracks Figure 81: Interiors of existing barrack for Open Air Jail inmates Figure 82: Interiors of existing barrack for Open Air Jail inmates Figure 83: Verandah outside existing barrack for Open Air Jail inmates; entry to newly constructed barracks Figure 84: New barracks for Open Air jail inmates; ongoing construction Figure 85: New barracks for Open Air jail inmates; ongoing construction Figure 86: New barracks for Open Air jail inmates; ongoing construction Figure 87: Open air toilet and bathing area Figure 88: Open air toilet and bathing area Figure 89: Central path within the jail premises; green lawns are maintained by the inmates Figure 90: Periphery wall of bricks and barbed wire fence Figure 91: Religious cum recreation space around trees Figure 92: Abutting roads leading to squatter settlements around the jail premises Figure 93: Aerial view of Bastoy Island Prison, Norway | Source: www.wikipedia.org https://en.wikipedia.org/wiki/Bast%C3%B8y_Prison Figure 94: Ferry services operated by inmates of Bastoy Island | Source: www.gettyimages.ie http://www.gettyimages.ie/photos/bast%C3%B8yisland?excludenudity=true&sort=mostpopular&mediatype=photography&phrase=bast%C3 %B8y%20island&family=editorial Figure 95: Aerial view of Bastoy Island | Source: www.turborotfl.com https://www.turborotfl.com/en/news/5129/Bast%C3%B8y--Luxury-prison-in-Norway Figure 96: Typical house for 6-8 inmates with individual rooms and shared kitchen etc. | Source: www.gettyimages.ie

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http://www.gettyimages.ie/photos/bast%C3%B8yisland?excludenudity=true&sort=mostpopular&mediatype=photography&phrase=bast%C3 %B8y%20island&family=editorial Figure 97: View of inmate house with mainland in background | Source: www.prisonlaw.com http://prisonlaw.com/wp-content/uploads/2015/12/The-view-from-Bastoy.jpg Figure 98: Phone booth yard on the island; used by prisoners to call home. | Source: www.gettyimages.ie http://www.gettyimages.ie/photos/bast%C3%B8yisland?excludenudity=true&sort=mostpopular&mediatype=photography&phrase=bast%C3 %B8y%20island&family=editorial Figure 99: An inmate at the barn. | Source: www.affairstoday.co.uk http://affairstoday.co.uk/redefining-justice-lessons-norway-part-1/ Figure 100: Carpentry workshop and shed. | Source: www.felixfestures.photoshelter.com http://felixfeatures.photoshelter.com/gallery-image/Norway-Bastoy-Prison-by-FredrikNaumann/G0000Tp8RZl7hH30/I0000Hk_uXp2aAEM Figure 101: Inmate working at the bicycle repair shop at the Island Source: www.turborotfl.com https://www.turborotfl.com/system/arts/en_m/5129/Bast%C3%B8y_Luxury_prison_in_Norway_17.jpg Figure 102: Guards and inmates engage in a number of recreational activities together Source: www.newstalk.com http://www.newstalk.com/content/000/images/000114/117613_60_news_hub_multi_630x0.jp g Figure 103: Administration and visitor’s centre | Source: www.newstalk.com http://www.newstalk.com/Basty-the-worlds-nicest-jail Figure 104: Google Earth plan showing Site A at Mankhurd.

Figure 105: Google Earth plan showing Site A at Mankhurd; showing surrounding proposed land use according to draft development plan 2034.

Figure 106: Google Earth plan showing Site B at Taloja, Kharghar Figure 107: Google Earth plan showing Site B at Taloja, Kharghar; showing surrounding proposed land use according to nodal development plan by CIDCO. Figure 108: View of site and surroundings with Taloja Jail and Kharghar Hills in the background.| Source: www.plus.google.com https://lh3.googleusercontent.com/xI2Roe480T4nDv-nQvrwmCM_MpShfEiu3tQNyhJyJGnRbyHtix12Yyg6gQwIc-v5L7x1maBJQ=w2400-h1350-rw-no Figure 109: Google Earth plan showing Site C at Vasai, Mumbai.

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Figure 110: Google Earth plan showing Site C at Vasai, Mumbai; showing surrounding proposed land use according to regional development plan.

Figure 111: Google Earth plan showing Site D at Waliv, Vasai, Mumbai.

Figure 112: Google Earth plan showing Site D at Waliv, Vasai, Mumbai; showing surrounding proposed land use according to regional development plan.

LIST OF TABLES Table 1: Lateral Typology prison Table 2: Square Typology prison Table 3: Hollow Square Typology prison Table 4: Rectangular Typology prison Table 5: Triangular Typology prison Table 6: Cruciform Typology prison Table 7: Telephone Pole Typology prison Table 8: Panopticon Typology prison Table 9: Radial Typology prison Table 10: Radial Typology prison Table 11: Cases reported and rate of total cognisable crimes under the ICC and SLL during 2005 – 2015 | Source: Crime in India 2015, NCRB Table 12: Number of jails, population and occupancy rate in the country at the end of 2015 | Source: Prison Statistics, NCRB – 2015 Table 13: Category of recidivists arrested during 2011 - 2015 | Source: Prison Statistics, NCRB - 2015

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APPENDICES

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APPENDIX I PRISON ARCHITECTURAL STANDARDS AS PER MODEL PRISON MANUAL 2016 CHAPTER II: INSTITUTIONAL FRAME WORK 2.05. Prison architecture has to be based on

educational facilities for children of prison

the following:

personnel, should as far as possible be

i) The location of a new institution will be

within easy reach.

decided on the basis of (a) the functions

iv) No building, other than the prison, will

which the institution has to perform, (b)the

be constructed within 150 mtrs of the prison

training and treatment emphasis, and (c)

wall of a Central Prisons, within 100 mtrs

programme content of the institution.

of the prison wall of a District Prison and

ii) New institutions will not be constructed near easily flooded and inundated areas,

within 50 mtrs. mtrs of the prison wall of Sub-Prison.

frontiers and international borders, sub-

v) The architecture of institutions will be

marginal land areas, sea-faces, airports and

governed by two principles viz. (a)

congested urban localities.

adequate protection to society through the

iii) While selecting the site for new institutions, factors like transport facilities, water supply, electric lighting, connections with high power electric transmission lines, drainage

and

facilities

(such

telephones

sewage,

and

as

communication

posts, internet)

telegraphs,

establishment of security conditions; and (b) adequate resources which would be necessary

for

the

successful

implementation of various correctional programmes.

Institutional

design

and

architecture have to be functional.

climatic

vi) The plan of an institution will be based

conditions, facilities for the purchase of

on a careful analysis of inmate population,

institutional supplies, have to be taken into

age

consideration. Also, institutions like courts,

diversified work, educational programmes,

civil hospitals, mental health centres,

etc.

But They All Come Back – Rethinking the Incarceration System in India

group,

custodial,

requirement,

199

vii) Closed prisons are classified into three

xiii) The existing enclosures for women in

categories that is central prisons, district

common prisons will be renovated to

prisons

Authorised

ensure that women prisoners do not come in

population for these prisons will not exceed

view of male prisoners during their passage

1000, 500 and 300 prisoners, respectively.

to and from these enclosures. These

and

sub-prisons.

viii) There will be enough open space inside the perimeter wall to allow proper ventilation and sunlight. The area enclosed within the four walls of a prison will not be less than 83.61 sq. mtrs per head of total capacity. Where land

is

scarce the

minimum area will be 62.70 sq. mtrs per

enclosures will have a double lock system – one lock outside and the other inside, the keys of the latter always remaining with a woman

guard

inside.

The

institutions/enclosures for women prisoners will have all the requisite facilities with reference to their special needs such as segregation, protection, pregnancy, child-

prisoner.

birth and family care, health care, training ix) No building inside a prison will be

and rehabilitation, etc.

nearer than 50 mtrs to the perimeter wall. xiv) Under-trials and detenues will be x) The area of an institution will be fixed in

lodged in separate institutions away from

accordance

convicted prisoners.

with

the

needs

of

an

institutional programme. xv) Accommodation for prisoners will xi) The requirements of segregation of

provide adequate cubic contents of air, floor

inmate groups within an institution in

space, lighting, ventilation and climatic

accordance with the prescribed principles

protection. All constructions in prison

of classification will be provided for in

department will adhere to ISI standards.

every building plan. The requirements of administration and supervision will also be taken

into

account

while

planning

buildings.

xvi) A special cell with adequate technical staff will be set up at the prison headquarter of each State to plan, monitor and supervise all constructions and repair works in the

xii) Each region/division will have an

department.

institution for women prisoners according to local requirements. Each central, district and sub- prison will have an enclosure for women-prisoners.

xvii) CCTV cameras shall be installed in work sheds, kitchens, hospitals, main gate, interview rooms, high security enclosures

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and in the premises of the barracks for

width to facilitate gate operations. It will

monitoring purposes.

have the following facilities: (a) A cabin. (b) Gatekeeper. (c) Search.

NORMS FOR PRISON BUILDINGS

2.06.3 Entry to the prison will only be

2.06 MAIN GATE

and all other entry points, if existing, will

2.06.1 The minimum dimension of the main

be closed permanently.

through a single point, that is the main gate,

gate and second gate of all the closed prisons will be 3 mtrs in width and 4 mtrs in height. Dimension of main and rear gates

2.07 ADMINISTRATIVE

should be wide that in case of fire

BLOCKS AND OTHER UNITS

exigencies a fire tender, a bore well rig to dig bore well a lorry to transport raw material/logs for factory and ration articles could pass through these gates. The gate will be made up of a strong steel frame having vertical round or square steel bars of 25 mm diameter or thickness. Each gate will have a wicket-gate of at least of 0.6 mtr in width and 1.5 mtrs in height. The main

2.07.1 There will be a properly designed administrative block for each category of prison. The administrative block will be located adjacent to the main gate and will have

office

rooms,

record

rooms,

conference hall, common rooms, enquiry cabins and control rooms for efficient functioning of the administration.

gate and the wicket-gates will have strong

2.07.2 A court room should be set up within

locking arrangements from inside. Both

the prison complex.

gates will have arrangements for easy

2.07.3 The reception unit will have

opening and closing of shutters. The gates

necessary

will be covered with iron sheet from outside

implementation of admission-quarantine

up to the height of 2.5 mtrs. The wicket-

orientation-classification

gates will have peepholes covered with lead

Physical facilities will be set up in

at eye level. The main gate may be painted

accordance with the number and type of

with

of

inmates to be received, and the programme

departmental flag if prescribed by the State

to be followed for proper segregation of

Government.

various types of inmates. The unit will have

2.06.2 Space between two gates will not be

dormitory

less than 16 mtrs in length and 6 mtrs in

accommodations. Provision will also be

colours

identical

to

that

But They All Come Back – Rethinking the Incarceration System in India

facilities

and

single

for

proper

programme.

room

type

201

made for following facilities: (i) a building

2.08.5

where the inmates will be initially received,

heating facilities in barracks as well as for

(ii) office room, (iii) interview room and

washrooms and laundry shall be made for

exercise and recreational areas, etc. The

prisoners during winters.

buildings and areas where the admission programme has to be carried out will be located in close proximity of the hospital.

Arrangements

for

appropriate

2.09 BARRACKS AND CELLS 2.09.1 If a barrack is flat-roofed there will be ceiling ventilation that is, opening at

2.08 HOUSING

intervals close to the junction of wall and

2.08.1 There will be three types of living

ceiling 30 x 12.5 mtrs. If the barrack is

accommodations as mentioned below: (i)

gable-roofed, there will be a ridge

Barracks with accommodation for not more

ventilator. The minimum height of roofs or

than

ceilings will not be less than 11 feet from

20

prisoners

(ii)

Single

room

accommodation for prisoners needing privacy for pursuing studies, etc. (iii) Cells for segregation of prisoners for the purpose of security and contagious diseases.

the floor.

2.09.2 The floor of the barrack will be made of impermeable material such as cement concrete. In prisons situated in cold regions

2.08.2 The minimum accommodation

or during cold seasons, appropriate flooring

capacity of dormitories/barracks, cells

should be provided to ensure habitable

cottages, and hospitals per-prisoner will

conditions in the barracks.

ordinarily be according to the following scale:

2.09.3 All barracks will, if possible, be provided with verandas not less than 2 mtrs

ADD TABLE

in width.

2.08.3 A plate indicating the authorised

2.09.4 Each cell will have a yard attached

accommodations will be attached to the

to it where a prisoner can have the benefit

housing unit. Ordinarily, the number of

of sufficient air and light. Adequate air

prisoners confined in a housing unit will not

circulation and proper ventilation shall be

exceed its authorised accommodation.

maintained in the barrack/cell. Though

2.08.4

An

individual

secure

storage

compartment, sufficient in size to hold personal belonging of the prisoners, shall be provided to each prisoner.

ventilation of the sleeping barracks is of the greatest importance, prisoners will not be permitted to close the windows and ventilation openings with shutters or

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202

curtains at their discretion. In new barracks,

The door of a barrack will have clear

the ventilating area per head will be half a

opening of 1 mtr. The iron frame will be

window. As standard grated window is 7

made of angle- iron of minimum of 10 mm.

feet x 3 ½ feet, half a window will mean 1

thickness.

sq. mtrs. The ventilation will, however, be controlled according to the season wherever necessary; otherwise the barracks will be too cold and damp during winter and rainy season.

2.09.5

accommodation

is

overcrowded and does not meet the standards,

secure

corridors/verandas and work sheds may be used

for

must be provided with fly/mosquito proof wire mesh. The doors will also be provided with polyethylene sheets or chick blinds, as may be necessary.

Where

prescribed

2.09.08 The barrack windows and doors

accommodating

short

2.09.9 All barracks or wards should have two rows of berth only. The measurement of each berth in the ground floor will normally be 2 x .75 mtrs.

term

prisoners and under-trials involved in minor

2.09.10 Sufficient artificial light will be

and petty offences during night. If at any

provided to enable the prisoners to work

prison over-crowding is likely to continue,

and read without difficulty in their barracks

the excess number of prisoners will be

after dusk.

transferred to other institutions or camps as

2.09.11 Each barrack will be provided with

the case may be, with prior approval of the

a first aid kit which will be in the custody

Inspector General of Prisons.

of an authorised prisoner. The first aid kits

2.09.6 The structural arrangements of

supplied to each barrack should not have

fittings and fixtures and locking devices of

any sharp edged items, long gauze

barracks will be secure enough to prevent

rolls/tapes or other such items.

escapes. The existing wooden frames of the

2.09.12 A looking mirror may be fixed

doors, windows and ventilators will be

outside each barrack for use of prisoners.

replaced by iron/steel frames. The iron bars used in doors, windows and ventilators will be of 25 mm. dia. and the clear distance between two bars will be 7.5 cm.

2.09.13 Adequate fire safety systems will be installed in the barracks/cells. The barracks shall be free from tobacco, smoke and excessive noise.

2.09.7 A barrack will have only one door of 2.2 x 1 mtrs and will have a single shutter.

2.09.14 Each cell/barrack will be provided with a flush toilet.

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2.10 TOILETS

2.11 BATHING PLACES

2.10.1 Each barrack used for sleeping will

2.11.1 Every prison will provide covered

have sufficient number of attached WCs,

cubicles for bathing, at the rate of one for

urinals and wash places. The ratio of such

every

WCs will be one unit per 10 prisoners. The

arrangements to ensure privacy. The

ratio of the WCs which can be used during

standard size shall be 5’ x 5’ (length and

day time will be one unit per six prisoners.

breadth). Every prisoner will be required to

2.10.2 Toilets will be of the sanitary type with arrangements for flushing. The

10

prisoner,

with

proper

have bath as frequently as necessary for general hygiene according to climatic

standard size shall be 5’ x 5’ (length and

conditions.

breadth). They will be placed on an

2.11.2 Taking into consideration that the

impermeable base which will be higher

daily requirement of water of an individual

than the surrounding ground and will be so

is about 135 ltrs., there will be an

built that the sun’s rays can easily enter the

arrangement for the adequate supply of

latrines and rain is kept out. The partitions

water in every prison. If feasible, new

separating the latrines will be high enough

prisons

to provide a reasonable degree of privacy.

rainwater harvesting and recycling of

Latrines will be so designed that all excreta

water,

and wash materials will get into the

effectiveness.

receptacles without fouling the sites. Every seat will be provided with foot rests with an impermeable surface which will be in the

2.11.3

will

have

keeping

Each

in

prison

arrangements

view

will

its

have

for

cost

an

independent stand by arrangement for water supply.

right position and not too far apart. The inside walls of latrine will be fitted with

2.11.4 All prison building should have rain

glazed ceramic tiles up to the height of 1

water harvesting system and sewage

mtr from the floor level, as far as possible.

treatment plant to improve the water supply to prison.

2.10.3 In each barrack, where two toilets are provided, one should be of western type.

In the hospital, 50% of toilets should be of western type.

2.12 KITCHEN 2.12.1 The general kitchen will ordinarily be located at a central place inside the prison so that the distribution of food among the prisoners may be finished

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204

quickly. The kitchen will not be built close

2.12.4 There will be two shifts of workers

to the sleeping barracks. It will be well

in the kitchen. Management of kitchen or

ventilated and lighted. It must always be

cooking of food on caste or religious basis

kept clean and tidy. The oven will be of the

will be totally banned in prisons.

type in which the heat does not escape outside and the smoke is let out by a suitable chimney regardless of the type of

2.12.5 The kitchen complex shall have a barrack to house inmates employed for cooking etc.

fuel used. The kitchen will be protected by a fly proof wire mesh all around. Sufficient

2.12.6 The walls of the kitchen wil be

number of exhaust fans will be installed and

covered with tiles upto a height of 2 meters

artificial ventilation may be provided if

for easy cleaning.

necessary. The kitchen must be provided

2.12.7 The prisoners working in the kitchen

with fly-proof automatic closing doors. It

will be provided with suitable clothing,

will have floors made of an impermeable

such as apron, caps, gloves, etc. and also

material. Each kitchen shed will be

with 250 ml each of liquid soap and

provided with adequate supply of pure

detergent on a fortnightly basis for cleaning

water which will be used for both cooking

and washing utensils.

and washing. The water will be collected from taps inside the kitchen. It is desirable that no single kitchen caters for more than 500 prisoners. Cooking and serving utensils will be made of stainless steel.

2.12.8. Prison kitchens will be modernized by introducing LPG and hot plates.

Kneading

machines,

chapati

making

machines, mixers and grinders, will also be introduced.

2.12.2 The minimum space requirement in the kitchen will be 150 sq. mtrs per 100 prisoners. It will facilitate sufficient space for storage of provision articles, vegetables, dressing and cutting food, containers and cooking utensils etc.

2.12.9. Adequate fire safety systems shall be installed in the kitchen.

2.13 HOSPITAL 2.13.1 In every prison there will be separate hospitals with the necessary number of beds

2.12.3 There will be a provision for covered

for indoor treatment with separate ward for

dinning space in prisons so that prisoners

men and women. All central and district

may take their meals under a roof and on a

prisons

platform.

accommodation for 5% of the authorised

will

provide

hospital

inmate population. The location of the But They All Come Back – Rethinking the Incarceration System in India

205

hospital will be as far away from the

i) Isolation rooms for accommodating

barracks as possible. Every hospital ward

mentally ill patients.

will be so constructed as to allow sufficient light and air. The floors and walls will be made

of

hospitals

impermeable will

be

material. provided

2.13.3 Adequate fire safety systems shall be installed in the hospital.

The with

polyethylene sheets, fly proof wire mesh and fly proof automatic closing doors.

Attached toilets and baths will be provided close to the wards so that the sick prisoners do not have to walk far to use them. There will be arrangements for continuous supply of potable water in the hospitals.

2.14 WORKSHEDS 2.14.1 Areas where prisoners work will have a minimum space of 500 cubic feet per prisoner

in

structures

that

will

be

constructed as workshops or factory buildings; for efficient ventilation the window area will not be less than 20% of the floor area subject to such variations as

2.13.2 The prison hospital will be situated

are found necessary in relation to particular

near the main gate of the prison, the

industries or locations to be organized. As

accommodation provided will include:

far as possible, work sheds will be located

a) Ward for patients

in a single enclosure for gate control and security.

b) Toilet and bathing facilities at the rate of one for every five patients

2.14.2 Adequate precautionary measures shall be taken to guard against health and

c) Store room for hospital furniture and

safety hazards at the worksheds, including

equipment

provision of first aid kit in the work shed

d) Dressing cum-injection room

which will remain in the custody of an authorised prisoner.

e) Room for minor surgery 2.14.3 Adequate fire safety systems shall be f) Room for laboratory g) Room for the Medical Officer. h) Isolation rooms for accommodating

installed in the workshed.

2.15 RECREATIONAL FACILITIES

patients with infectious and contagious diseases (such as T.B., Leprosy and

Proper recreational facilities like, grounds

H.I.V.+/AIDS).

for outdoor games, auditorium for cultural activities, library, indoor games, yoga, etc.

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APPENDIX II INSTITUTIONAL PERSONNEL AS PER MODEL PRISON MANUAL 2016 CHAPTER IV: INSTITUTIONAL PERSONNEL 4.03.

Institutional

personnel

will

a) Assistant Director, Correctional

comprise of:

Services

4.03.1 Executive

b) Welfare Officer

a) Superintendents

c) Law Officer

b) Additional Superintendent

d) Counsellor

c) Deputy Superintendents

e) Probation Officer

d) Assistant Superintendents

f) Psychologist

e) Guarding staff - Chief Head Warders

4.03.4 Educational Personnel

- Head Warders

a) Teachers

- Warders

b) Physical Training Instructor

4.03.2 Medical personnel

4.03.5 Technical Personnel

a) Medical Officers

a) Instructors

b) Psychiatrist

b) Foremen

c) Nursing staff

c) Electricians

d) Pharmacist

d) Plumbers

4.03.3 Welfare Units

e) Mason f) Drivers

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g) Motor Mechanic

c) Accountant d) Store Keepers

4.03.6 Agricultural

e) Cashier

a) Supervisors

f) Office Assistants

b) Agricultural Assistants

g) Stenographers

4.03.7 Ministerial a) Administrative Officer

h) Typist/Computer Operators i) Miscellaneous Staff

b) Office Superintendent

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