topbanner.png
 

CHRI Greetings!

Description:
Christmas Greetings

Donate

PDF Print E-mail

Monitoring Prisons

Overview

The closed nature of penal system makes it easier for any kind of abuse to go unnoticed and unattended. Therefore, it becomes extremely important to hold the functionaries of prison accountable for their actions. To this end, multiple oversight mechanisms have been instituted in India either by a legislation  or regulation  to ensure that the prison conditions are monitored regularly and the rights of prisoners are upheld notwithstanding the isolation of the place they are detained in.
Prison Visiting System  and Undertrial Review Committees  are two such mechanisms that call for regular inspections in prison by government stakeholders, civil society members and judicial officers. The mandate of Prison Visiting system has a wider ambit and requires the visitors to ensure that all rules and regulations are being carried out to their satisfaction. The Undertrial Review Mechanism centers on reviewing the cases of undertrials who have been in detention for longer than legally required. Both the mechanisms purport to bring the state of prisons and prisoners to the notice of government and higher judiciary. The aim is to curb the deficiencies before they accumulate or grow into unmanageable proportions.
Today, these monitoring mechanisms have become perfunctory and prisons are not being monitored in accordance with law. This has led to unhygienic conditions, high incidence of abuse and prolonged and unnecessary detention of undertrials.
We work towards retaining and reinforcing the institution of prison visitors and promoting the creation and regular functioning of review committees.

Prison Visiting System

As long back as 1894, the government accepted by way of Section 59(25)  in the Prison Act that a system of visitors both from civil society and government in prisons would be of value to the management and monitoring of prisons. Thus, making it mandatory to have a prison visiting system at place. It involves visitors to inspect the prison periodically and report to the government.
Every state in India has its own rule book for prisons. These rules require all the jais to have official and non-official visitors. Official visitors are district officials, judicial members, member of legislative assemblies and often State Human Rights Commissions. Non-Official visitors are reputed local people. Together, they form a Board of Visitors which is required to inspect prisons, meet and discuss solutions to the problems related to administration of prison and welfare of prisoners. This balances the ‘formal’ and ‘informal’ and strives to keep the monitoring non-partisan. CHRI believes it is a one-point solution to preventing violations of rights, improving conditions and strengthening complaints redressal.
However, the mechanism has since then become mostly defunct because of lack of intent and transparency despite constant recognition by Indian courts.  We challenge the status quo to revive the system by developing evidence-led studies  and promote the implementation of statutory standards. We work closely with the State Human Rights Commissions and Prison Departments to build the confidence, knowledge and expertise of visitors by way of regular trainings.  We work with other civil society groups to raise awareness about the mechanism and  the negative impact of its disuse.

Featured Work:

1. Behind Bars…A Closer Look: Prison Visiting System, Madhya Pradesh (2000)
2. Prison Visiting System in India (2005)
3. Prison Visiting System in Andhra Pradesh
4. Handbook for Prison Visitors in Telugu (Jailu Sandharsakula Karadeepika) (2005)
5. Monitoring Prisons - A Visitor's Guide (2010) [Revised version of Handbook for Prison Visitors (2003)]
6.  Handbook for Prison Visitors (2003)
7. Rajasthan’s Prison Visiting System (2011)

Undertrial Review Committees

71 % prisoners are awaiting trial in India. They are not yet proven guilty but they have spent often years at length in detention. This has contributed to prison overcrowding that results in desperate living conditions.

The Undertrial Review Committee is an oversight mechanism that is headed by a judicial officer and  find representation from the district administration, probation, police and prison departments. They periodically visit jails to conduct reviews of cases of undertrials who have visibly stayed longer in prison than necessary. The mechanism calls upon these actors to guarantee fair trial rights as enshrined in the Constitution and other statutes to those who have not been able to exercise them . As regards the mandate of such committees, it has been recommended time and again by judiciary and by the Ministry of Home Affairs in the form of advisories to have review bodies set up in order to prevent unnecessary detention of undertrial prisoners languishing in jails for long periods.

We work extensively in Rajasthan with the higher judiciary and Prison Department to regularize and improve the mechanism by developing evidence-led studies on its current functioning.  We constantly engage with the stakeholders to propose amendments in the functioning of the committees so as to make it more inclusive of vulnerable categories like petty and young offenders and mentally ill and foreign national prisoners. We train the prison officials to maximize participation in the committee and strengthen efficiency. We advocate for the creation of State Monitoring Committees to monitor the functioning of the mechanism. In West Bengal, we facilitate inter-agency coordination to advocate the formation and formalization of this mechanism. We strongly believe that ensuring well-functioning of undertrial review mechanism will reduce the numbers and detention period of those awaiting trial.

Featured Work:

1. Undertrials:  A Long Wait to Justice
2. Road to Release: Watch Report on the Periodic Review Committees of Rajasthan

 
---------
-----------------

Joint Letter to HRC Members on Sri Lanka

Statement on Human Rights Defenders

United Nations Standard Minimum Rules for the Treatment of Prisoners (the Mandela Rules)

Re Inhuman conditions in prison SC order 24.4.15

Foreign Contribution (Regulation) Act 2010 and the FCR Rules - Points for consideration

Hear the Message, Don't Shoot the Messenger - Curbing Voices of Dissent in the Name of Regulation

CHRI CONCERNED OVER ALLEGATIONS OF POLICE VIOLENCE & ARBITRARY ACTION DURING ANTI GOVERNMENT RALLY

Breaking the silence"- CHRI's Press note on Sri Lanka's RTI

CHRI's critique of Tanzania's ATI Bill 2015

Tanzania's ATI Act 2015 (Bill)

CHRI celebrates the release and repatriation of Khan Zaman

Incidence of rape-torture-death in Prisons

Acquittal of Accused Pac Personnel in the 1987 Hashimpura Killings

Call for Proposals - Crime Victimisation Survey

Call for Quotations Website Maintenance

POLICE REFORM WORKING GROUP (PWRG) STATEMENT ON CABINET SECRETARY

Call for implementation of UNSC resolution on humanitarian access for Syrians

---

JointLetter BRICS Summit Fortaleza

--

VAW statement - item 3 - 11 June 2014

--
Upcoming UPR review for Kenya, Kiribati, Lesotho Granada and Guyana

--

Humanrights Initiative

porno oyun oyna porno izle mom incest porn Bu zamana kadar cekilmis en harika porno ve seks videosu izleyebileceginiz mukemmel turkce ve sikis sitesi olan suspus.net sizlerin icin hazirlanmis olan bir zevk merkezidir. Sizlerin huzurlarina en harika Bu zamana kadar cekilmis en harika porno ve seks videosu izleyebileceginiz mukemmel turkce ve sikis sitesi olan suspus.net sizlerin icin hazirlanmis olan bir zevk merkezidir. Sizlerin huzurlarina en harika videolarin sunumunu yapan sitemiz izlemeniz icin cekilmis liseli ve liseli etek alti videolari ile fetis oral seks sert porno olgun porno ve anal porno secenekleri ile mukemmel video keyfi hizmeti vermektedir. videolarin sunumunu yapan sitemiz izlemeniz icin cekilmis liseli ve liseli etek alti videolari ile fetis oral seks sert porno olgun porno ve anal porno secenekleri ile mukemmel video keyfi hizmeti vermektedir. dady porn