Society

Bandini, The Sequel

Our overcrowded jails have over 14,000 women. A move is on to get some of them out.

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Bandini, The Sequel
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The Wishlist
  • Ascertain number of women prisoners languishing in prisons. A 2005 NHRC report puts the figure at 14,000.
  • Some 12.5% of them are also mothers. West Bengal heads the list in this.
  • A big portion of women who have served out 15-year terms are over 60.
  • Women with serious ailments, those above 60 could be released first.
  • The quick disposal of cases of women undertrials. Providing relief for those unable to arrange surety for bail.

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The minister's latest missive draws attention to the plight of a large number of women in prisons, including undertrials whose cases have even now not come up before the courts. She writes: "As you are aware, a large number of women are locked in prison(s) including under-trial women whose cases have not been brought to the honourable court for one reason or another. There may also be a number of women who have completed their sentence but are compelled to remain in jail on account of their inability to arrange for any surety for their bail/release. I intend to move a proposal for grant of amnesty to these women and accordingly wrote to the Honourable Law Minister seeking his views on the proposal who had informed that my letter on the subject was being forwarded to your ministry...."

Deepa Singh, secretary, women and child development, told Outlook that there's a large elderly population among the women prisoners who have served out most of their sentence. "These women don't seem to pose a threat to society and the jails are also getting overcrowded. We felt the government should take a view on the subject," she says. The ministry's concern is understandable and no one is more forthcoming than Chowdhury herself. "I am not condoning crime. But surely, we must think about all those women who have served more than 15 years in prison and have not been brought to trial yet. At least there should be some recourse and relief for them."

The minister seems to be almost echoing UPA chairperson Sonia Gandhi, who had requested that the death sentence of Nalini, a co-conspirator in the Rajiv Gandhi assassination case, be commuted to life in the light of the fact that she was also a mother. If the new amnesty efforts fructify, then Nalini could be one of the prisoners who could be free since she has served nearly 15 years in prison or in police custody.

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Rajiv Gandhi murder accused Nalini

It was in the '80s that Justice Krishna Iyer first submitted a report on the status of women in prisons. He observed that the "existing malpractice and the delinquencies in the various forms of custody tend to affect women more adversely than men". This because "women are still a marginal group in the custodial population and tend to be less vocal, demanding and violent in demonstrating against custodial or other injustices", Justice Iyer had observed. His report was quietly buried.

In 2002, the parliamentary committee on empowerment of women made a case that the rules of premature release be liberal in the case of female convicts. As a first step, it was suggested that those suffering from serious ailments like cancer, aids, TB, mental breakdown and depression and those over 60 who have served out a major part of their sentences be considered for release.

Going by NHRC records updated as of December '05, there are 14,000 women in jails. Among them 12.5 per cent are mothers of young children. West Bengal has the dubious distinction of having the highest percentage of women with young children in jails, followed by Uttar Pradesh and Jharkhand. The NHRC study also showed that most prisons, with the exception of a very few, have inmates exceeding their capacity.

Those who have been advocating jail reforms feel only hardcore criminals need be kept in jails. Says Kiran Bedi, D-G, Bureau of Police Research and Development: "Prisons should be for psychopaths and amnesty, if it comes by, should be equally applicable both to old, infirm men and women. We are crowding our prisons with people arrested on the smallest pretext and they languish there for the best part of their lives."

An NHRC official says the move needs to be studied in the context of the criminal procedure code. "While the Jail Manual, 2003, lays down the conditions for parole and remission of sentences, there is no provision for amnesty in it," he says. Maybe Chowdhury's initiative will lead to a fresh look at the laws that govern both women and men prisoners.

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