Lok Sabha Question No. 3446 (UNSTARRED), answered on 2018-08-07
Subject: Report on Women in Prison
Ministry: HOME AFFAIRS
Asked by: PRATHAP SIMHA

## GOVERNMENT OF INDIA

## MINISTRY OF HOME AFFAIRS

## LOK SABHA

## UNSTARRED QUESTION NO. 3446

TO BE ANSWERED ON THE 7 TH  AUGUST, 2018/ SHRAVANA 16, 1940 (SAKA)

REPORT ON WOMEN IN PRISON

3446. SHRI PRATHAP SIMHA:

Will the Minister of HOME AFFAIRS be pleased to state:

- (a)  whether  the  Government  has  come  up  with  a  report  on  'Women  in Prisons' recently;
- (b) if so, the Excerpts and recommendations of the report;
- (c) whether the Report has suggested any changes in the National Model Prison Manual, 2016 and if so, the details thereof;
- (d) whether the Report proposes separate accommodation for the mothers in post natal stage and if so, the details thereof;
- (e)  whether  the  Government  has  any  proposal  for  a  Comprehensive Reintegration  Programme  for  released  prisoners  and  if  so,  the  details thereof;
- (f) the number of prisons in India exclusively for women; and
- (g) the steps taken by the Government  for implementation of the recommendations of the said report?

## ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI HANSRAJ GANGARAM AHIR)

(a) & (b): Yes, Madam. The Ministry of Women and Child Development has formulated  a  report  on  Women  in  Prisons.  The  main  recommendations contained in this report are given in Annexure.

(c): In  the  Report,  some  suggestions  have  been  made  to  make  some changes in  the  Model  Prison  Manual  in  respect  of  inspection  of  Prisons, children  of  women  prisoners,  welfare  of  children  of  women  prisoners, diet/food, special extra diet on medical  grounds, clothing, personal hygiene,  amenities,  interview,  vocational  training,  labour,  health  and medical facilities, prison discipline etc.

(d): It  has  been  recommended  in  the  report  that  mothers  in  postnatal stage should be allowed separate accommodation to maintain hygiene and protect the infant from contagion for at least a year after childbirth.

(e): 'Prisons'  and  'persons  detained  therein'  is  a  State  subject  as  per entry 4 of List II of the Seventh Schedule to the Constitution of India.  The administration and management  of prisons is the responsibility of respective  State  Governments.    The  States  are  competent  to  evolve suitable reintegration programmes for released prisoners.

(f): As on 31.12.2016, there were 20 prisons across the country exclusively for women inmates.

(g): Prison Reforms is a continuous process.  Based on the suggestions received from various quarters, MHA issues advisories to States and UTs from time to time sharing the best practices and recommendations made by various Committees etc.

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ANNEXURE L.S.US.Q.NO.3446 FOR 07.08.2018

## Recommendations

The adequate implementation of existing provisions will go a long way in improving the prison system.  The National Model Prison Manual 2016 is a progressive document outlining the basic entitlement of women in prison and should be adopted by all States followed by its full implementation.

Vocational training and skilling facilities in prisons should be upgraded as it  can improve the daily lives of prisoners and give them some economic support after release.

A  robust  grievance  redressal  mechanism  should  be  put  in  place  in  all prisons  to  ensure  the  rights  of  prisoners  are  not  violated  and  their concerns are heard impartially.  There should be both internal and external mechanisms for inmates to represent their grievances.

Regular and thorough inspections of prisons are also an effective way of ensuring  that  rules  are  being  followed.    This  should  be  exercised  in  all prisons, with inspections conducted in an independent spirit.

The number of undertrial prisoners in India is huge.  Steps should be taken to facilitate their early release under Section 436A of CrPC.  Further, noncustodial  measures  such  as  community  service,  housing  in  shelters  etc. should be given preference in the case of female offenders.

A comprehensive after-care programme can be prevent recidivism and help in  the  smooth  transition  of  women  in  society  after  release.    This  should include  support  for  various  aspects  of  post-imprisonment  life  including housing, employment, marriage, prevention of harassment by local police etc.

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