11 - Cahapter 7
11 - Cahapter 7
11 - Cahapter 7
“If people get sick, we take them to the hospital and give them the right
medicine to get better. If people’s behaviour is sick, we bring them to the prison, but
This chapter deals with the problems and perspectives of prisoners and the
prison system of District Jail of Barpeta, Assam and it is the core chapter of the present
study. In the first changing social order of the Indian democratic country, the working
of Indian prisons has been more complex where a series of socio-economic variations
among the people about their fundamental rights has been increased.
complaints surpassing a number of 70,000. But only 40% of the complaints relating to
police and violation of human right inside the jails are focused and comes a close
second. There is no provision for a concerned official which can act as a redressal
mechanism for prisoners and to provide necessary recommendations for their well-
being.
214
In Assam, at present there are 31 jails, out of which 6 are Central Jails, 22 are
District Jails, 1 Special Jail, 1 Open Jail and 1 Sub-Jail1. The first jail in Assam is the
Tezpur Central Jail, which was established in the year 1846 and the last jail in Assam
till 2019 is Udalguri District Jail established in the year 9thSeptember 2013. Out of these
31 jails, the sub-jail at Halflong is headed by a Magistrate in-charge and the other 30
jails are headed by Superintendents of Jail. According to the information from the
Assam Prison Headquarters, Khanapara, Assam the Research Scholar has been shown
TABLE-7(i)
NUMBER OF VARIOUS TYPES OF PRISONS IN ASSAM
(TILL THE YEAR 2019)
Sl. No. Types of Prisons Number of Prisons Total No. of
Prisons
1 Central Jail 6
2 District Jail 22
3 Special Jail 1 31
4 Open-Air Jail 1
5 Sub-Jail 1
Source: Assam Prison Headquarters.
TABLE-7(ii)
PLACES OF CENTRAL JAILS
Sl. No. Places of Central Jail Total No.
1 Guwahati 1
2 Tezpur 1
3 Silchar 1
4 Dibrugarh 1
5 Jorhat 1
6 Nagaon 1
1
According to the information received by Research Scholar from the Assam Prison Headquarters,
Khanapara, Guwahati (Accessed on 03/06/2019 at 10:30 AM)
215
TABLE- 7(iii)
216
TABLE-7(iv)
3 Sub-Jail Halflong
Barpeta District was created in 1983 and the name is derived from the
namely, Barpeta and Bajali. Barpeta is located about 90 kilometres from Guwahati(via-
Doulashal) the capital city of the State of Assam and 44 kilometres away from Manas
National Park. There are three rivers run through the town –Chaulkhowa, Mora Nodi
and Nakhanda, both of which are tributaries to Brahmaputra. Barpeta is called Satra
Barpeta District Jail was established on 15th August, 1970, comprising with a
separate women cell which was established in the year 1994. The total jail compound
covers an area of 300 bighas including the quarters and the campus. Out of 300 bighas
25 bigha is within the jail enclosure wall. There are two sections in the jail one is male
section and another female section. This jail is keeping all ‘C’ class prisoners.
Male Section: There are total 8 (eight) numbers prisoners wards, but the male prisoners
have been kept in 6 (six) prisoners wards at present as due to most dilapidated condition
word no. 1 and 2 still lying unused and abandoned. Even word no. 1 to 5 requires
217
immediate repairing. There are also two segregation words. One general kitchen is there
but dilapidated condition and one dining hall, one abandoned old go down back side of
the kitchen needs dismantle. One store room for keeping ration, two rooms for prisoners
clothing and one room used as manufactory working shed but dilapidated condition at
present. There is one medical ward for indoor patient, one leprosy room and two rooms
for T.B. Ward. There is also one doctor’s room, one library room cum jail school, one
legal aid council and six abandoned cell. Such abandoned two cell uses as jail canteen.
Total six day latrines are available for use by the male prisoners in day time and one
attached latrine is available in every prisoner’s wards for use at night. For water supply
facilities, six numbers hand tube well and three numbers unserviceable mark-II tube
well is there. Construction of one overhead reservoir with submersible water pump is
short period.
Female Section: There are two prisoner’s wards for female prisoners, one doctor’s
room and one working shed in female section. There is one kitchen but dilapidated
condition at present. In female ward only three latrines are available attached to the
prisoner’s wards but there is no day latrine and bathroom. For water supply facilities,
Prisoner’s Accommodation:
Educations and Moral Lectures: There is one library inside the jail. In everyday
morning, regular yoga / medication is held inside the jail under the guidance of one
218
trained convict. One lady school teacher is also posted in the jail. Moreover, there is a
provision to bring some religious and valuable books from District Library, Barpeta for
the prison inmates of this jail which are also subsequently returned in due course.
Krishna Kanta Handique State Open University Study Centre is initiated on 8th
November, 2016. In addition, in the month of December, 2017, another course i.e.
‘SMART PRISONS COURSE’ was conducted from the Vakti Vikash Kendra.
Administrative Building: In this jail, one superintendent’s room, one jailor and
assistant jailor’s room, one video conferencing room but not yet installed and two
There are four watch towers available. Only three towers are manned by
security personnel at night only. In day time those watch tower remain vacant due to
shortage of security personnel. One sentry post in front of the main jail gate is manned
by police personnel for round the clock and rear guard sentry post is manned by APBN
219
Staff Position:
Superintendent 1 1
Jailor 1 1
Assistant Jailor 3 2
Warder (Male) 19 14
Warder (Female) 9 6
M & HO-I 1 1
Pharmacist 1 1
Driver 1 1
Agri. Demonstrator 1 1
Tractor Operator 1 1
Sweeper (Male) 1 1
Sweeper (Female) 1 1
Mid-Wife 1 1
Warder Guard: The total strength of warders in this jail is 19 and only 14 warders are
working presently. Out of 14 warders one office orderly and one outside garden duty.
Remaining 12 warders are engaged in 2 shifts for day-duty inside the jail. At night such
220
12 warders are engaged in 4 shifts for guarding inside the jail from lock-up till
unlocking of the jail. In every shift consisting three hourly by engaged of 3 warders for
expenditure. Such as- purchase of diesel for generator, petrol for vehicle, medicine for
sick prisoners and also for other miscellaneous expenditure whenever required.
Health Care: Every newly admitted prisoner has been thoroughly scanned on
admission. Thereafter rendered treatment by the medical officer of this jail to the needy
prisoners and if required for further better treatment send to the higher hospital through
police escort.
Dietary: Dietary and other articles procured through approved contractor in every
month.
etc. convicts are also engaged as night watch men at night rotation basis from lock-up
Jail Garden: There is sufficient jail land for cultivation but lack of boundary fencing
General Remarks:
Up-gradation of Jail Hospital and its extension with all the hospital
221
7.2 Data Analysis by the Research Scholar
In this present study, the research scholar carried out the interviews with the
release from the jail, the changes in the society’s reaction towards the ex-prisoners,
whether they have any sympathy towards the prisoners, whether they agree to support in
Appendixes.
they believe that the goals of imprisonment should be re-socialization as prisoners being
a continuous part of the society. They also think that the more severe the sentence, the
less are possibilities of rehabilitation of the offenders. The prison officers have largest
face to face contact with the prisoners hence, they should be entrusted with the task of
contact and family are vital parts of the life of any human being. The contact with
family, friends or relatives through frequent visiting helps in the early adjustment in the
community and thereby promotes the process of early re-socialization of the ex-
rehabilitation and consequently make their re-socialization a difficult task. Also they
believe that help rendered by the After-Care Agencies will go a long way in their early
The study has revealed that the prisoners with different criminal background
are housed together. In the prison community, the prisoner show itself as a leader who
222
has been convicted for heinous crime and sentenced for long- term imprisonment. The
study has found that frequent prison visiting mitigate the prisoners from the pains of
imprisonment and also helps their early re-socialization. But it has been found that in
Further imprisonment creates numerous difficulties for the prisoners and has
felonious influence upon them. Also judicial delay hampers re-socialization of the
offenders. It has been observed by the research scholar that longer the term of
imprisonment the less are the chances of re-socialization. Also the study found that in
the re-socialisation process of the prisoners the community has vital role.
The present study also revealed that the vocational training imparted and
recreational services in this jail are not adequate and satisfactory also do not serve the
vocational objects of the ex- prisoners and do not help in the process of re-socialisation.
The study support the fact that a sentence considered in accordance with the individual
needs lays the way for early re-socialisation. The treatment of prisoners should be based
on their conviction.
According to the international human rights law, all the prisoners have the right
to enjoy all the rights given to a normal human being subjected to reasonable
restrictions. With this outlook the prison authorities are bound to look after the prisoners
prisoners. Therefore jails should be organised as hospitals and the jail officers should
consider themselves as doctors of the diseased mind of those prisoners. The sentence
‘once a criminal always a criminal’ goes by the name of ‘Criminality’ may be avoided
223
otherwise there will be continuous waste of human resources of nation caused through
reformation and re-socialization of the offenders and not by the retributive or deterrent
The society can be protected from the criminals by providing them with the educational,
pattern and this will help the offenders to depart from their offence. In this research
study, the investigator sought to know from the judges, lawyers, prison officers, police
officers and social workers about the nature of the sentence for reformation of the
TABLE-7.2.1
224
7.2.2 Duration of Sentence
The man in the prison finds his relationships suspended, his career disrupted,
and his dreams and aspirations gone acrid. Longer sentence of imprisonment not only
breed hostility but also makes it more difficult for the criminal to avoid further law
infringements. It is a disheartening for most men. The research scholar sought to know
from the judges, lawyers, police officers, prison officers, prisoners, ex-prisoners, and
social workers about whether they agreed that the longer term of imprisonment lesser
TABLE-7.2.2
PROCESS
225
7.2.3 Role of Prison Officers in the Process of Re-socialization
Since the prison officer, especially the warders remain in constant contact with
the prison inmates. Their attitude and behaviour towards the prison inmates has
important impact on reversing the criminal tendency of the prisoner. In this present
study, the research scholar sought to know from the judges, lawyers, social workers,
police officers, and prison officers themselves that whether the attitude of prison
officers has important impact upon the re-socialization of the prisoners. Their responses
are as under-
TABLE-7.2.3
The frequent family visiting narrows down the gap between the prisoner with
his family members. The visit from family member or a friend is reported as a very
special event. Frequent family visit represents the uncensored interchange with the free
226
society persons. It is an opportunity for speaking with family members, relatives or
friends, and having some momentary physical contact. Frequent family visits will help
in the early re-socialisation of the prisoners. The research scholar has sought to know
from the prisoners about the frequency in which they were allowed to meet their family
members. Their responses are shown in Table- 7.2.4(a). The research scholar also
sought to know from the ex-prisoners, prisoners and prison officers about the feeling of
the prisoners at the time of family visit. Their responses are shown in Table-7.2.4(b).
Again the investigator sought to know from the judges, lawyers, prison officers,
prisoners, ex-prisoners and social workers that whether more frequent visits of the
family members help in greater chances of re-socialization. Their responses are shown
in Table-7.2.4(c).
TABLE-7.2.4(a)
227
TABLE-7.2.4(b)
Relieved Frustrated
TABLE-7.2.4(c)
228
7.2.5 Prisoners Release on Parole or Furlough helps them in the Early Re-
socialisation
India has no ‘Half-way Houses’ like in U.S.A. but in the re-socialization of the
prisoners, in India ‘Open Air Prison’ system plays vital role. This system is based on the
concept of self-realisation and self-discipline. It is found that the prisoners are kept in
‘Open Air Prisons’ had a cheerful look as compared to the prisoners’ depressed look,
which were kept in closed prison. The inmates of the ‘Open Air Prison’ lived with less
tension and also the escapes were rare. Under this system, through reposing trust and
confidence in them, encouragement for good work done, etc. have brought a change in
the attitude of the prisoners. In this study, the research scholar sought to know from the
judges, lawyers, prison officers and ex-prisoners that the prisoners temporary release on
parole helped their early re-socialization and their responses that whether they agreed on
TABLE-7.2.5
229
7.2.6 Prisoners’ Pains
The prisoners who are with long-term imprisonment feels severe pains than the
prisoners who are with short-term imprisonment, such as missing some body, missing
social life, being afraid of going mad, missing small luxuries, feeling sexually frustrated
etc., usually the ‘new comers’ suffered emotional shock. In a larger extent, such pains
frustrate the programmes of rehabilitation and the effects make the re-socialisation of
the prisoners a tough task. The research scholar sought to know from the ex-prisoners,
prisoners and the prison officers about the prisoners’ pains in imprisonment. Their
TABLE-7.2.6
Members
230
7.2.7 Reformation and Re-Socialization through After-care Services
intended results, unless the prisoners are supervised, assisted and guided on their release
from the penal institutions. In the process of social and vocational rehabilitation of
of help, guidance counselling, support programme and a organic vigilance over a given
condition of the offender which had handicapped him. The research scholar sought to
know from the judges, lawyers and prison officers as to the role of after-care agencies in
under-
TABLE-7.2.7
For critical analysis, the basic data which is connected with the subject is
absolutely necessary. The interpretation of the statistics of the study is done from the
231
year 2005 and the statistics furnished for every fourth year commencing from 2005 viz.
raised a lot of administrative difficulties for prison personnel. It is seen from the
following table that up to three months, the total number of under-trials are steadily on
the rise from 2005 to 2016 i.e. from 87 to 233. Similarly, from other variables it is also
seen that the population of under-trial has been raised. Further a detail list of under-trial
prisoners detained in District Jail, Barpeta as on December 1, 2017 (morning) has been
shown in Table-7.3.1.
TABLE-7.3.1
DETENTION
2 3–6 months 4 10 6 12
3 6–12months 6 7 4 7
4 1–2 years 2 3 4 5
232
7.3.2 Details of Inmates Released / Discharged
The following table shows that the period is the highest in the year 2016 i.e. 69
followed by 29 inmates in 2012; 22 in 208 and 16 in 2005. On the event of the 94th
birthday of the former Prime Minister Atal Bihari Vajpayee, the Assam Government
released 201 convicts on 26th December, 2017 at night, who were serving life terms and
had completed their tenures in jails but due to non-payment of fines they could not be
released. Out of 201 convicts, some convicts were released from the District Jail,
Barpeta on that day. The following table has been shown about the details of released
TABLE-7.3.2
conviction period
4 Released on appeal 7 3 4 15
233
7.3.3 Prisoners Release on Parole
continue their relationship with the society and to attend the immediate needs of the
family which will help their easy rehabilitation and reintegration in the society. The
following table reveals that the prisoners release on parole is increasing proportionately
TABLE-7.3.3
Parole Absconders
M F T M F T
1 2005 127 17 1 18 -- -- --
2 2008 123 23 -- 23 -- -- --
3 2012 92 14 -- 14 -- -- --
4 2016 151 45 1 46 -- -- --
The following table shows that the details of the persons who escape from the
police custody as well as from the inside / outside the prison. In 2015, two inmates were
escaped from the inside of Barpeta District Jail, and one of those two inmates was
escaped before from the police custody also. Between 2012 and 2015, total 68 prisoners
are escaped in Assam and only 12 could be re-arrested as revealed a CAG report.
234
TABLE-7.3.4
The authorised or sanctioned capacity of Barpeta District Jail is 213; 168 for
male prisoners and 45 for female prisoners. Occupancy rate refers as number of inmates
staying in jail against the authorised strength for 100 inmates. It is seen from the
following table that the present population of the jail in 2005 was the same as authorised
capacity but after 2005, it gradually increased and in every time the present population
TABLE-7.3.5
PRISON OCCUPANCY
235
7.3.6 Number of Convicted Prisoners
The following table shows that total numbers of convicted prisoners including
both male and female detained in the Barpeta District Jail from the year 2005 to 2017. It
is seen from the table that except in 2005, the numbers of convicted prisoners are more
than the sanctioned capacity of prisoners in the jail, therefore the jail is overcrowded.
Where more inmates are staying than the authorised capacity, it refers overcrowding
and it is one of the biggest problems for a healthy prison management as well as for
prison inmates.
TABLE-7.3.6
236
7.3.7 Weekly Diets
According to the scales prescribed in the Model Prison Manual every prisoner
shall have three meals a day. Firstly- breakfast, a light meal in the morning, secondly-
lunch, a midday meal and thirdly-dinner, an evening meal for the night before prisoners
are locked up. The superintendent of the jail may for different days of the week lay
down menu. The following table shows the details of weekly diets of prisoners in the
jail. But most of the prisoners view that the diets are very poor and not according to the
standard.
TABLE-7.3.7
Egg/ Meat/Fish
237
7.3.8 Prison Inmates Trained Under Different Vocational Training
One of the most important components of the prison programmes is the work
objectives of this that the prison inmates should be acquainted such skills and attitudes
as that can naturalize their re-settlement in society after their release. In Assam the
inmates of Tezpur District Jail are engaged in black-smithy, carpentry, cane and
bamboo work. In Barpeta District Jail, inmates are usually engaged in agriculture,
TABLE-7.3.8
TRAINING
238
7.3.9 Daily Wages Payment to Convicts in Rupees
The prisoners who are employed in industries are classified as skilled, semi-
skilled and unskilled for their per day payment of wages. The following table reveals
that there is no difference between the daily wages payment to the semi-skilled and un-
skilled convicts and it is also revealed that the rate of wages paid to those prisoners has
remarkable improvement.
TABLE-7.3.9
RUPEES
Rupees
education, adult education and higher education and diploma courses. There are 13 Nos.
of schools inside the jails and 12 Nos. of teachers in the jails of Assam. Barpeta District
Jail has one school. During the year 2016-2017, in Assam, 274 Nos. prisoners were
provided functional literacy and out of 274 Nos. Barpeta District Jail provided 34 Nos.
239
prisoners the functional literacy. Also in different jails of Assam 10 more Study Centres
under Krishna Kanta Handiqui State Open University have been set up in the year 2016-
2017. In Barpeta District Jail it was set up in 2016. In Mongoldoi District Jail, Arupjoti
Deka, a 32 year old life prisoner of this jail has topped with securing 80.33% marks,
Dhrubajyoti Hazarika has 6th with 73% and Ilias Purti has 10th with 71% in the
equivalent of class 12 exams which was conducted by Krishna Kanta Handiqui Open
University in 2018.
TABLE – 7.3.10
2 Elementary Education 2 2 4 11
Total 2 6 18 34
criminals into honest and law abiding citizen and rehabilitated them in the main stream
of social life. The assistance of the corrective care system in the institutions is necessary
for the ultimate rehabilitation of offenders in the society to their post-release period. The
following table shows the rehabilitation of prisoners but not reflecting all the prison
240
programmes related to it. The table gives only a few information on rehabilitation, such
prisoners rehabilitated, number of prisoners to whom financial assistance and legal aid
TABLE-7.3.11
REHABILITATION ON PRISONERS
release
assistance
7.4 Conclusion
the period of imprisonment should be in such a way that their course-life must tend to
flow towards the ultimate aim of prisoners rehabilitation in the society. Rehabilitation
may be done in various ways such as- conducting various counselling classes, various
241
environment in prison etc. But, indeed it was a sad revelation that there was neither a
sound atmosphere for executing any sustained programme of modifying the behaviour
of prisoners to re-socialise them nor any planning for specific treatment programme in
the prisons of India. Even in anywhere in India, there was no clarity about the materials
242