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					A STUDY ON PRISON MANAGEMENT WITH SPECIAL REFERENCE TO HUMAN RIGHTS

ABDUL SAMIM AKHTAR L.L.M. Student, Mayurbhanj Law College, Oriss ABSTRACT Stone Walls do not a prison make, nor iron bars a cage, Criminal are not born but made. The human potential in everyone is good and so; never write off any criminal as beyond redemption. This humanist fundamental is often missed when dealing with delinquents. Every saint has a past and every sinner a future. When a crime is committed, a variety of factors is responsible for making the offender commit the crime. It is said that to err is human and to forgive is divine. Human beings, novel creation of god and at any form should be treated with sanity and kindness. Our goal is a crime free society. There are plural processes to rouse the soul within. Here prison management has a creative role to play. To make a non-offender is the purpose of penology and socializing the convict and making him a responsible citizen is the major object accepted by criminologists all over the world. In the present scenario govt. provide Z plus security to M.P., M.L.A. and other VIPs but it is very unfortunate that govt. does not provide police personal for prisoner rather they are handcuffed and brought into the Court. It is the mixed question of law and fact that how we solve this problem and run prison management smoothly. So in order to run smooth prison management we have to adopt some principles. The human rights model can be applied in all countries and culture. The international human rights standards have been universally agreed. Justice begotten at a cost is justice lost. Justice is a natural right. It is the sine qua non and the raison d‟etre of the social grouping. Justice in a social environment has to be as natural as sleep on oxygen to a living being free and fair justice is the leges legum of the human rights. Human right one an integral part of good prison management in any democratic society work in prison is a public service. Prisons are places like schools and hospitals which should be run by the civil power with the objective of contributing to the public good. Prisoners but to correct them and convert them from offender to non-offender. Management is all business and human organization activity is simply the act of getting people together to accomplish desired goals and objectives. Management comprises planning, organizing staffing, leading on directing, facilitating and controlling on manipulating an organization. The building of the prison management has no pillars to stand. It is stand on the pillars of police administration, judiciary, legislature, jail authority and humanity. Protection has been provided to the prisoners with regards to their health, liberty, nutrition, life etc. under the constitution of India, prison Act. Jail manual and other which has been enacted by the legislature. But as a matter of fact they are not worked properly. If they work properly then the Hon‟ble Justice I.M. Quidisi and Justice Sanju Panda of Honourable Orissa High Court never pronounced judgment

against the Orissa Government to pay the Rs.1,500/- (Rupees One thousand five hundred) to each father and mother of the prisoner, who died in the jail due to the medical negligence of the jail authority and if the system works properly then one prisoner in Orissa did not spend his valuable life of 8 years in jail after the judgment of acquittal from the court of competent authority. Universal declaration of human right and Constitution of India embodied some universal concept like equality of treatment, right to life, liberty and security of person, freedom from torture, freedom from inhuman cruel or degrading treatment. Because at present the object of punishment becomes reformative oriental rather then punitive and as the main object of criminal justice system is prevention of crime so the treatment of an offender should be such that he may return to normal life. Prison management system plays a very significant role for curbing the crime from society and converts the offender into non-offender. On the development of the concept of human rights different provisions has been enacted for the protection of the prisoners basic rights. However it is not important that what are the sources we have but it is important that on what manner we utilize those sources and what are the outcome from it. The literal meaning of the prison means the place where the prisoners or wrongdoer/offender are resided well management system required for the prison system because the object of our prison system is not to punish the prison staff and prisoners relationship are the key the reality the most important aspect of a prison is the human dimension, since prisons are primarily concerned with people. The two most important groups of people in a prison are the prisoners and the staff who look after them and prison staff create within themselves such type of leadership qualities under which they maintain the highest standards in the difficult work of prison management. Insularity is one of the major problem for the prison‟s staff, jail department and police department should be merged together because they serve for the public and they both are the part and parcel of criminal justice administration. Prisoners are the part and parcel of the democratic society. All the activities prevails inside the prison should not be hidden and the prison wall should not restrict the public to know the details about the system of systems which is prevalent in prisons. INTRODUCTION: Stone Walls do not a prison make, nor iron bars a cage, Criminal are not born but made. The human potential in everyone is good and so, never write off any criminal as beyond redemption. This humanist fundamental is often missed when dealing with delinquents. Every saint has a past and every sinner a future. When a crime is committed, a variety of factors is responsible for making the offender commit the crime. It is said that to err is human and to forgive is divine. Human beings, novel creation of god and at any form should be treated with sanity and kindness. Our goal is a crime free society. There are plural processes to rouse the soul within. Here prison management have a creative role to play. To make an non-offender is the purpose of penology and socializing the convict and making him a responsible citizen is the major object accepted by criminologists all over the world. OBJECT: The object of this study is to achieve the effective prison management system,as because this system deals with human beings.Now the object of punishment is

reformative orinted rather than punitive.As the main object of the criminal justice is prevention of crime so the treatment of an offender should be such that he may return to normal life.

LITERAL MEANING: When we study about the prison management system,we come across the some words.As… (A):prison:-The term prison denote a place of detention of people,who are awaiting trial,who have been convicted or who are subject to different conditions of security.In other words it means places of detention with highest security.This place popurarly known as jail. (B):-PRISONER:-The term use for those person who are held in the prison/jal. (C):- Management:-In all business and human organization activity is simply the act of getting people together to accomplish desired goals and objectives. Management comprises planning, organizing, staffing, leading or directing, facilitating and controlling or manipulating an organization. Planning in organizations and public policy is both the organizational process of creating and maintaining a plan; and the psychological process of thinking about the activities required to create a desired goal on some scale. As such, it is a fundamental property of intelligent behavior. Control is one of the managerial functions like planning, organizing, staffing and directing. It is an important function because it helps to check the errors and to take the corrective action so that deviation from standards are minimized and stated goals of the organization are achieved in desired manner. According to modern concepts, control is a foreseeing action whereas earlier concept of control was used only when errors were detected. Control in management means setting standards, measuring actual performance and taking corrective action. (C):HUMAN RIGHTS:- when we speak of human rights in Islam we really mean that these rights have been granted by God; they have not been granted by any king or by any legislative assembly. The rights granted by the kings or the legislative assemblies, can also be withdrawn in the same manner in which they are conferred. They can confer them when they please and withdraw them when they wish; and they can openly violate them when they like. . But since in Islam human rights have been conferred by God, every man whether he belongs to this country or that, whether he lives in some forest or is found in some desert, whatever be the case, he has some basic human rights simply because he is a human being. HISTORICAL BACKGROUND:The penology has its roots in ancient India. It developed under the connotation of danda-niti which literally means principle of punishment.Manu,the great law-giver of

India emphasized that danda was created was a derivative of dharma. Thus criminology of Danda-niti is not a new science in our country. It is an old as the sruti.As a result we have an abudance of literature on Danda-niti or criminology contained in our dharmashastra,such as Vedas,smrtisastra,Dharmasastra.Smrti writers were aware of the complexity of human nature and they paid due attention to the individuality of an offender in punishing them. In brahmabaibrata puran,lord mahadev told Brahma that if people commit offence, it is the duty of pious was to forgive him. And during maurya rules particularly in the regin of Ashoka,a new official known as Dharma-Mohamantra was appointed who was to look after prisoner in the jail. DURING MUSLIM PERIOD: During the period of Muslim ruler it is revealed that imprisonment was not recognized as a form of punishment. Muslim rulers could award imprisonment to offenders and we found that a number of forts were used to confine offenders.Akbar‟s introduction of imprisonment in his administration of criminal justice was great departure from the Muslim law. It could be looked upon as the seeds of pen correctional philosophy anywhere in the world at that time. This system of imprisonment found a very favourable climate and flourished under Zahangir under the name “justice” with high sensivity to human, compulsion, kindness and noble qualities of head and heart. Zahangir was followed by Shahzahan who himself spent his last eight years at a captive of his son in the Agra fort. At the time of Shahzahan the offenders could not get generosity from the administration and any reform in prison administration. Shahzahan‟s rule was usurped by his son Aurangzeb.when crowd gathered near his fort to protect against inequality and discrimination,the imperial elephants were ordered out to crush them. During this period the offender is deprived of his liberty and forced on the point of pain and torture to show obedience to the dictates of the state.

BRITISH PERIOD:After the development of prison system in England lord Maculay, as the first law member of the Governor general‟s court, adopted the prison system of the England in discipline in India. The Government of India immediately after the independence invited Dr.W.C Reckless ,an expert of the U.N.O.In 1951,to make his recommendation for reforms in the prison in India. On his recommendation a committee was appointed in 1957 to prepare an All India jail manual. CLASSIFICATION OF PRISON IN INDIA:(A) CENTRAL JAIL. (C) DISTRICT JAIL. (E) SPECIAL-SUB JAIL. (B) CIRCLE JAIL (D) SPECIAL JAIL. (F) SUB-JAIL.

CLASSIFICATION OF PRISONER:(A) CONVICTS. (B) UNDERTRIAL. (C) WOMEN PRISONERS.

TYPES OF PUNISMENT:Punishment is an indispensable part of crime. It is a suffering not reward. By inflcting punishment something dearer to the offender is taken away from him. such as liberty,property,family etc.According to section 53 punishment is of following types;(A):-Death sentence. (B):-Imprisonment for life. (i)Rigorous (ii)Simple (C):-Forfeiture of property. (D):-Fine. THEORIES OF PUNISHMENT:The object of criminal legislation is to prevent the perpetration of acts classified as crime because they are regarded as being socially damaging. The theories of punishment is of following types:A:-Deterent theory:-The purpose of punishment under this theory is not only to prevent the wrong-doer from doing any crime for second time but also make him an example to other persons who have criminal tendencies. This theory has been criticized on the ground of excessive harshness and this punishment is likely to harden the criminal instead of creating in his mind a fear of law. B.Preventive theory:-Under this theory of punishment offenders are prevented from dong any crime.Punishment imposed by way of death, exile etc.By putting the criminals in the jail, he is prevented from committing another crime. C.Retributive theory:-In primitive society punishment was mainly retributive. The person wronged was allowed to have a revenge against the wrongdoer. The principle “an eye for eye” a tooth for tooth” was the basis of criminal administration. According to justice Holmes “it is commonly known that the early forms of legal procedure were grounded in vengeance. This is not a good theory of punishment. D:Reformative Theory: The object of this theory is the reformation of criminals.

Criminal are not born mad. Every saint has a past and every sinner has a future. When

crime in committed a variety of factors are responsible for making the offender to commit the crime. Even if an offender commits a crime under certain circumstances he does not cease to be a human being. At present this theory has been accepted world wide. BAIL AND PRISON MANAGEMENT SYSTEM : Right to get Bail in bailable offence is to consider as the right of the offender. If such person is indigent and is unable to furnish surety, he shall be discharged on P.R. (Personal Recognizance Bond). Bond the explanation appended to section 436 has explained, when a person shall be presumed to be an indigent. According to this explanation, when a person in unable to give bail within a week of the date of his arrest, it shall be sufficient ground to presume that he is an indigent person. Bail in non-balable offences is discretionary power of the court . In Hussainara Khatoon‟s case it was held that when and under what circumstances should bail be granted and what should be the nature of such bail . Now one reason why our legal and judicial system continually denies justice to the poor by keeping them long years in pre trial detention in our highly on satisfactory bail system . Its suffers from a properly oriented approach which seems to proceed on the erroneous assumption that risk of monetary loss is the only deterrent against fleeing from justice . The system of bail operates very harshly against the poor and it is only help the non poor to get the bail . The poor find it difficult to furnish bail even without sureties because very often the amount of the bail fixed by the court is so un realistically excessive that in a majority of cases the poor are unable to satisfy the police or the magistrate about their solvency for the amount of the bail and where the bail is with surety as is usually the case it becomes on almost impossible tax for the poor to find persons sufficiently solvent to stand as sureties . While imposing bond and sureties their is no major stick by which it shall be imposed . The financial status of the offender should be taken into consideration . I was surprised when I came into the incident which was took place on 13.10.2009 with my friend lawyer Arabinda das.The said incident was that one Manoranjan Mishra aged about 27years was arrested for the charge of 498A,506,4,D.P Act with reference to G.R CASE NO - :1180/2009 pending before the court of S.D.J.M Baripada.The story of F.I.R,which was lodged by the accused wife.The gist of said F.I.R as follows:-

1.Marriage between both was took place on 28.01.2009 at puri ram mandir,which is 350kms from the house of Bride. 2.At the time of marriage it was agreed by husband and the in-laws that after marriage I will be allowed to continue in my present job as Lecture in M.B.A Dept.Baripada. 3.After marriage she went to her matrimonial home and stayed there for some days and returned on 01.02.2009 to join her jobs with the consent of her husband. 4.At the time of Negotiation Bride-groom demanded 2lacks as dowry,and said was paid by the bride at the time of marriage. 5.The informant alleged in F.I.R that she was subject to cruelty and mental torture by her husband‟s family.so she never visited to her matrimonial home after june2009.And she also alleged that they demanded one Hundai car and one plot in Bhubaneswar.the F.I.R was lodged on the basis of two incidents one is cruelty and other was the some quarrel took place at university campus on 29.06.2009. 6.she lodged F.I.R on 11.10.2009 against her husband,mother-in-laws,father-inlaws,brother-in-laws .after four months delay.In F.I.R she Forced the police to lodge the charge which she mentioned in the F.I.R such as 498A,506,34 ipc4D.Pact,The father of the informant is President of consumer forum,Baripada.And police arrest the acussed on 12.10.2009 The accussed person is a govt servant of orissa.and LLB student and according to accused marriage was taken place because prior to marriage there was love and affection relationship between both.And he co-operate with the police in the execution of arrest.And the point raised by the defense advocate was that delay of lodging F.I.R was not properly explained,they never demanded any kind of dowry articles from bride because the marriage was solemnized in love and affection. The legal point in this matter is that the bride father admitted that he gave 2lacks as dowry to the bride groom. According to section 3 of the Dowry prohibition Act, both giver and taker of the dowry are liable for the same charge. In this case according to A.P.P prima-facie case is made out so bail petition should be rejected. And the same was rejected by the S.D.jM,Baripada.

According to law at the time of entertaining the bail petition it is to be seen that whether primafaice case is made out or not.While seeing the prima-faice case the court only go through the facts,which has been alleged in the F.I.R and 161 statements. It is very in humanity against the accused person because in case of bail the control is in the hands of informant and whatever he wants he narrate all these things in the F.I.R.and take the revenge with the help of legal statutes.so while entertaining bail petition application of judicial mind, natural justice and fair investigation after and before arrest in not only rights of the accused but also humanity in favor of the accused person.so its my suggestion that all matrimonial cases must refer to meditation centre and they properly enquire into the matter and in which both party get opportunity to express their views. And if the accused person cooperate with the proceeding then arrest is not required,because arrest is not solve the matrimonial problems. WOMEN PRISONER AND CRIMINAL JUSTICE SYSTEM : Women prisoner more than their male counterparts are prisoners of their sex with special problems not faced by men in prison. Since women comprise a small percentage of the prison population, their problems are often overlooked. Their problems are, however, severe and deserve special attention. At present in India, there are 922 jails of which only 14 are exclusively prisons for women. Women prisoners in many jails are confined in enclosures. The keys of which are held by the male staff. Many complaints of sexual abuse have also been received in the National Human Rights Commission. “It is the small number of women in prisons” says the All India committee on jail Reform 1980-83, which in our view in responsible for their needs being neglected. The position of there women scattered in small clusters in jails is highly vulnerable. The Mulla committee report of 1983 had recommended that “at every prison where there is a sufficiently large number of women prisoners (say 25 on above)”, a full time lady officer should be appointed. At other prison arrangement should be made for part time lady medical officers”. There are 81 prison in Orissa and none of them has provided for a lady doctor for women prisoners. In exclusive jail for women has been set up in the district of Sambalpur namely “Naribandi Niketan”. This women jail has a capacity to lodge

55 prisoners against which 8 convicts and 8 U.T. Ps – Women prisoners have been lodged as on 30.09.2009. The followings are the salient features of Naribandi Niketan at Sambalpur – I) The female prison is managed by female staff only, headed by a lady

superintendent. II) Emphasis has been given to impart primary education to the illiterate prisoners. III) Income generating programmes is vogue for female prisoners like Cooking, Tailoring, Weaving, Stitching, Pickle making etc. are being conducted. IV) V) VI) Legal Aid through experience women lawyers and NGOs are provided. Special food, medical care, clothing etc. to the children are being provided. Mediation and religion courses for female prisoners are being conducted through NGOs. VII) Recreational facilities have been provided on T.V., Carrom and Ludu etc. FOR THE EFFECTIVE PRISON MANAGEMENT

REQUIREMENT SYSTEM:-

Pison management system deals with human beings and this service is to be consider as public service. In democratic society, works in prison is a public service. Prison are places like school and hospitals, which should be run by the civil power with the objective of contributing to the public good. Government ministers and administrators should make it clear that they hold prison staff in high regard for the work they do and the public should frequently be reminded that prison work is an important public service. PILLARS OF PRISON MANAGEMENT SYSTEM:The building of the prison management has no pillars to stand. It is stand on the pillars of legislature, judiciary, police administration, jail authority, and humanity.

Prison management System

LEGISLATURE

JUDICIARY

POLICE

JAIL AUTHORITY

HUMANITY

Our sweet dream of smooth prison management never come into reality if the above stated functionaries does not work properly. As because all the functionaries directly or indirectly related with the criminal justice administration. The ultimate aim and object of the criminal justice system is to give justice to the person who need for it. and prevent crime from the society. Because Justice begotten at a cost is justice lost. Justice is a natural right. It is the sine qua non and the raison d‟etre of the social grouping. Justice in a social environment has to be as natural as sleep on oxygen to a living being free and fair justice is the leges legum of the human rights. Effectiveness of police lies in its ability in making justice an easily and cheaply dispensable commodity. Police are the first line of the means of dispensing justice. A good police certainly symbolise effective administration of justice more than courts and prosecution department together do.so the sound police systempolice system is conditio sine qua non for the health and progress of the country and itstenuous social fabric. Judicial also plays a very vital role for proper prison administration.judiciary is to be consider as the body guard /guardian of the individual fundamental rights. Legislature also plays an effective role in prison management system. It is the duty of the legislature to amend or to introduce Act or statue when it require for the society. Another pillars of prison management system is jail authority, which includes all the staffs working inside the jail. Because they are physically touch with the prisoners. Last one is humanity. The entire plan will go in the vain if all the functionaries does not works under the concept of humanity. STATUTARY PROVISION:After the development of prison system in England ,lord maculay adopted a prison system of the England in discipline in India. Immediately after independence the govt. of India invited Dr.W.C Reckless, an expert of the U.N.O on 1951 to make his recommendation for reforms in the prisons in India. on his recommendation a committee was appointed in 1957 to prepare an All India jail manual. Thereafter different statutes have been enacted….

CONSTITUTIONAL PROVISION:There are no specific provisions of business right under the Indian Constitution but certain rights which have been guaranteed in part III of our constitution are also available to the prisoners because a prisoner be treated as a „person‟ in the prison . There are some articles which deals with the right of the prisoners such as follows :i) Article 14:-The state shall not deny to any person equality before the law or the equal protection of the law within the territory of India. ii) Article 19,:-This article deals with right to freedom of a person,it provide six rightsHowever prisoners are not enjoy some rirghts such as “freedom of movement,” And “freedom of profession”. iii) iv) Article 20 (1&2), Article 21 , Article 22 (4&7) , Article 226, 32

INTERNATIONAL INSTRUMENT ON PRISON SYSTEM:There are some international documents which are though not directly related to reformation of prisoners but very much concerned with prison justice and indirectly called for recognition of the inherent quality of prisoners as human being and there in alienable rights as members of human family and protective rights against tyranny and oppression . Some of the important provisions of those international instrument are follows :i) ii) iii) Universal declaration of human rights 1948. Declaration on protection from torture 1975. The European convention on human rights.

STATISTICAL REPORT:ORGANIZATIONAL STRUCTURE OF JAILS IN ORISSA.

CIRCLE JAILS:- Baripada,Berhampur,Choudwar,Sambalpur. DISTRICT-jails:-Baleswar,Bhawanipatna,Bolangir,Dhenkanal,Keonjhar,Koraput ,Phulbani,Puri,Sundergard. SPECIALSUB-JAILS:-Bhadrak,Bhanjanagar,Bonigargh,Boudh,Deogarh,Talcher. SUB-JAILS:-Anandpur, Aska, Athagarh, Athamalik, Baliguda, Banapur, Banki, Baragarh, Barampa, Barbil, Bisamcuttack, Champua, Chattrapur, Daspala, Dharamgarh, Digapahandi, G-udayagiri, Gunupr, Hindol, Jagatsinpur, Jajpur, Jaipore, Jajpur raod, Jharsuguda, Kamakhyanagar, Karanjia, Kendrapara, Khandapara, Khariar, Khurda, Kodala, Kotpad, Kuchida, Kujanga, Malkanagiri, Nabaragnpur, Narasingapur, Nawapara, Nayagarh, Nilagiri, Nimapara, Padampur, Pallahara, Paralakhemundi, Patnagarh, Rairakhol, Rairangpur, Ranapur, Rayagarah, Rudayagiri, Salepur, Sohela, Sonepur, Suruda, Titilagarh, Udala, Umerkote, Anugul jail. OPEN AIR JAIL:-Biju pattnayak open air Ashram,Jamujhari. WOMEN JAIL:-Nari Bandi Niketan,Sambalpur. CASE LAWS :- (2009) 44 OCR – 452 W.P.© No.11430 of 2008, Decided on 27th August, 2009 I.M. QUDDUSI, A.C.J. AND SANJU PANDA, J. In the matter of an application under Articles 226 and 227 of the Constitution of India. Chaitanya Behera & Anr. .. .. .. .. Petitioner V. State of Orissa & Ors. .. .. .. Opp. Parties. In this case As Honorable Orissa High Court held that A person convicted and imprisoned under sentence of Court does not lose all the fundamental rights under the constitution excepting those which cannot possibly be enjoyed owing to the fact of increceration, such as right to move freely or the right to practiece a profession-He shall not be deprived of his life or personal liberty in prison except according to the procedure established by law and Deceased who was convicted in a dowry death case and lodged in Circle Jail, Choudwar was attacked by co-convict with a broken part of a big steel spoon as a result of which he died during treatment as S.C.B. Medical College and Hospital, Cuttack-Failure on the part of jail authorities to provide protection to the deceased which can be attributed as their negligence-Held, compensation awarded at the rate of Rs.1500/-per moth to each of the parents so long as they are alive.

JAIL WITHOUT CRIME : One of the case in the Oissaa person of Phulbani spent his valuable period of 8 yerars even if he was declared as acquittal by the competent court. This is happened due to failure of communication from judiciary to court.

PRESENT STATUS OF PRISON MANAGEMENT SYSTEM:-Inspite of various enactment of laws for the development of smooth prison management system. However we are failed to achieve our goal. so we need to change our system through the perpetration of human rights approach and other changes in prison management system.

PRISON-STAFFS STRENGTH IN ORISSA:Prison staffs are divided in to two groups. A. Guarding staffs B. Administrative staffs. Guarding staffs strength Head warder Warder Female warder 217 1354 85 Administrative staffs Senior superintendent Superintendent of District jails Jailors Matron Asst. Matron Asst, jailors Sub-asst. jailors Chief head Warden MEDICAL STAFFS IN ORISSA PRISON:Jail medical officer : Contractual Medical officer: Pharmasists : Contarctual pharmacists: JAIL TEACHER in Orissa prison: 17(Regular) 23 67(Regular) 23 23 04 14 91 01 02 101 99 16

COMPARAISON BETWEEN JAIL STAFF SALARY AND POLICE STAFF IN ORISSA. All the officer/staffs above the rank of wader get equal basic salary with police basic salary, except the warder staffs in Orissa. In Orissa before the 1974 both constable and wader got equal salary, but after the year of 1974,the wader didn‟t get equal salary. This is injustice to the jail guarding staff who works under correctional institution for the correction of human being. The comparison data as follows:Jail wader(salary) Basic-Rs.4440/- to 7440 + grade pay Rs1650 police constable(salary) Basic-Rs5200/to 20,200

+ grade pay Rs1900

So from the above table we are get a clear idea about the status of jail staff who engage their life For public service. and this problem should be solve as early as possible, which encourage them to work for prisoners in a better manner. PRISON-STAFF RATIO:Prison staff inmate ratio in India is no where near the minimum required. A comparison of the staff-prison ratio in India prison and its comparison with some other foreign countries is as follows:Australia Hong-kong Indonesia Koria India (a)Male--------1:6.5 (b)Female-----1:4.6 The model prison manual circulated by the government of India in 2003 provides for the staff inmate ratio of 1:6.It should be endeavored to bring about this ratio at the earliest, so that prisons can be run on professional line. CONCEPT OF MODEL PRISION The model prison is new concept introduced in our prison management system. The important features of model prison are follows : 1. Security – Better planned, gadgets – enabled, supervised through prison control room, buildings and protective walls made of concrete, multistoried barracks.. 2. Administrative Block – Well planned having modern needed facilities. 3. Meeting Place for visitors with prisoners – to ensure primary and dignity combined security. 4. Cell type accommodation for prisoner – To ensure better toilet, facilities, cleanness, hygiene and more open place for living for each prisoner. Architectural design is also more amenable to enforcing discipline among prisoners. 1:2.3 1:2.2 1:4.5 1:4.8 1:6.4

5. Kitchen – designed to install modern cooking equipment which will ensure much reduced handling by personnel . Hence cooked food will be clean and hygienic and better arrangement for food distribution.

MODEL OF MORDERN PRISON CELL

Arrangement for Visitors Arrangement for meeting of visitors with prisoners are chaotic due to poor design of the meeting places in the prisons. Reception area for visitors is not properly organized. All visitors‟ names, time of visit and purpose of visit must be recorded concerned where the prisoner is lodged and the prisoner should be escorted to the waiting place near the meeting room. The information regarding arrival of the prisoner to meet the visitor should be conveyed to the control room, which in turn should convey it to the reception counter. The meeting place should have arrangement for meeting to be held in a congenial atmosphere without presence of other visitors or jail employees. At present several prisoners are receiving many visitors in one small room at the same time presenting a very disorderly and noisy spectacle. The reception area should have adequate seating place, shelter, arrangement for drinking water and other necessary conveniences, like toilet facility and a canteen, so that the visitors have to register their names. The meeting of the visitors with the prisons officials or the prisoners, as the case may be, should be arranged in accordance with the serial

number of registration of name. There should be an intercom communication with the control room of the prison. So that names can also be recorded in the control rooms. Model of visitor’s meeting place in prison

SUGGESSTION FOR EFFECTIVE PRISON MANAGEMENT SYSSTEM:HUMAN RIGHTS APPROACH:-The international human right standards have been universally agreed. The human rights modes can be applied in all counters and culture. Human right one of the integral pout of good prison management. As we have already discuss about the significance of human right approach. So for full development as human beings, exercise and enjoyment of human rights by all the people is necessary. Human rights and fundamentals freedoms help us to develop our intelligence qualities, intelligence, talents and conscience to meet out material and spiritual needs. Religious Attachment: all crime arise due to 5 problems – kama , krodha , moha , maya, matsyarya ; so by attaching prisioner with religious activities.we reduce these five problems and it helps for better prision management. Operate with ethical frame work:- Prison management needs to operate within an ethical framework. Without a strong ethical context, the situation where one group of people is given considerable power over another can easily become an abuse of power. The ethical context is not just a matter of the behaviour of individual staff towards prisoners. A sense of the ethical basis of imprisonment needs to pervade the

management process from the top down. An emphasis by the prison authorities on correct processes, a demand for operational efficiency, or pressure to meet management targets without a prior consideration of ethical imperatives can lead to great inhumanity. A concentration by the prison authorities on technical processes and procedures will lead staff to forget that a prison is not the same as a factory which produces motor cars or washing machines. The management of prisons is primarily about the management of human beings, both staff and prisoners. This means that there are issues which go beyond effectiveness and efficiency. When making decisions about the treatment of human beings there is a fundamental consideration; the first question which must always be asked is, „Is what we are doing right?‟.

Staff/prisoner relationships are the key…When people think of prisons they tend to consider their physical aspect: walls, fences, a building with locked doors and windows with bars. In reality the most important aspect of a prison is the human dimension, since prisons are primarily concerned with people. The two most important groups of people in a prison are the prisoners and the staff who look after them. The key to a well managed prison is the nature of the relationship between these two groups. The two most important groups of people in a prison are the prisoners and the staff who look after them. so the relationship between two plays a very vital role in the effective prison management system.

Good leadership qualities:Those with responsibility for prisons and prison systems need to look beyond technical and managerial considerations. They also have to be leaders who are capable of enthusing the staff for whom they are responsible with a sense of value in the way they carry out their difficult daily tasks. They need to be men and women who have a clear vision and a determination to maintain the highest standards in the difficult work of prison management. NEED OF GOOD STAFF:Prisons usually cannot select their prisoners; they have to accept whoever is sent to them by the court or the legal authority. They can, however, choose their staff. It is essential that the staff should be carefully selected, properly trained, supervised and supported. Prison work is demanding. It involves working with men and women who have been deprived of their liberty, many of whom are likely to be mentally disturbed, suffer from addictions, have poor social and educational skills and come from marginalised groups in society. Some will be a threat to the public; some will be dangerous and aggressive; others will try very hard to escape. None of them wants to be in prison. Each of them is an individual person. The role of prison staff is: _ to treat prisoners in a manner which is decent, humane and just; _ to ensure that all prisoners are safe; _ to make sure that dangerous prisoners do not escape; _ to make sure that there is good order and control in prisons; _ to provide prisoners with the opportunity to use their time in prison positively so that they will be able to resettle into society when they are released. PESONAL INTEGRITY

It requires great skill and personal integrity to carry out this work in a professional manner. This means first of all that men and women who are to work in prisons need to be carefully chosen to make sure that they have the appropriate personal qualities and educational background. They then need to be given proper training in the principles that should underlie their work and in the human and technical skills that are required. Throughout their careers they should be given the opportunity to develop and expand these skills and to keep up to date with the latest thinking on prison issues. INSULARITY PROBLEMS Prison staff generally work in an enclosed and isolated environment which, over time, can make them narrow and inflexible. The way they are trained and managed needs to be designed to guard against this insularity. Staff need to remain sensitive to changes in the wider society from which their prisoners come and to which they will return. This will be particularly important where prisons are remotely sited and staff live in accommodation attached to the prison. so the staffs of prison attain the refreshment course in every year . THE STATUS PRISON STAFF Generally speaking prison staff are held in lower regard than other people who work in the criminal justice field, such as the police. This is often reflected in the pay of prison staff, which in many countries is very low. As a consequence it is often very difficult to recruit properly qualified staff to work in prisons. In order to attract and to retain high quality personnel it is essential that salaries should be set at a proper level and that the other conditions of employment should be the same as in comparable work elsewhere in the public service. PUBLIC EDUCATIN ABOUT PRISON In many countries there is little public knowledge about prisons, prison staff, or their work. Whilst society generally recognises the intrinsic worth of health workers and teachers, prison staff do not attract similar public esteem. Government ministers and senior prison administrators should consider arranging a programme of public education and should stimulate media interest to educate society about the important role which prison staff have in safeguarding civil society. SOLVE OF POOR STAFFING PROBLEMS In many countries it is very difficult to recruit anyone to work in a prison. As a result, the only people who will work there are those who cannot find any other means of employment. Sometimes they will come to work in the prison service as an alternative to carrying out obligatory military service and will leave as soon as they can. Since they are also badly trained and poorly paid, it is predictable that they have little professional pride in their work, that they are vulnerable to temptations to become involved in corrupt practices and that they have no sense of carrying out a worthwhile public service. SPECIALIST STAFFS Particular attention needs to be paid to the recruitment of specialist staff. These are likely to be individuals who are already trained in a specific profession. They will include teachers, instructors and health care staff. In some prisons there will also be a need for psychiatrists and psychologists. It should not be assumed that people who have had a professional training, say as teachers, will automatically be suitable to

work in a prison environment. They also need to be selected carefully and there needs to be clarity about the role they are expected to carry out in the organization. BUILD PRISON HOSPITAL OUTSIDE THE JAIL . PRISON WAGES:-prisoner wages should be increase. Our constitution prohibits „beggar‟ in any form and forced labour. Therefore the prisoners need to be paid according to minimum wages rule. From the said amount a fraction could be kept for the family of the prisoner. Presently labour is taken only from the convicted prisoners. It is my suggestion that labour could also be taken from the under trials who are willing to render their service in return for remuneration on wages. PRISON ACTIVITES SHOULD NOT BE HIDDEN:-Prison department work for the public, in a democratic society public works should not be hidden, in hidden corruption begins. prison wall should not restrict the public to know details about the system of system which is prevalent in prison.so government should fix camera inside all sell of prison and record all activities of jails and provide it citizens by taking appropriate fees. VOCATIONAL TRAINING:-Vocational Training should provide to the prisoners, by which they are able to earn when they release from the jail. financial problem is one of the major reason for increase of crime in the society. CREATE SELL INSIDE JAIL FOR PUBLIC:-Any body may be surprise when he listen this statement because why a general public is inside the jail. The reason behind this suggestion is that it is world wide accepted that prison service is public service and is also evident that corruption is going on inside the prison. By doing so we bring the story of prison to the whole world through people. Government may provide accommodation to the public by taking appropriate fees. ADOPT EFFECTIVE CRIMINAL JUSTICE SYSTEM:-We already discuss that prison system has no legs to stand. It stand on the legs of legislature, judiciary, police, jail staff, humanity. Our constitution provides speedy trial .if our system provide speedy justice to the parties then they never take any step, which is consider as crime by the law of the land. Law says that every one should know the law of the land, where they resides. But the Govt is not aware the people about law. In our country people are not aware about their fundamental rights. and to achieve that rights they commit such act which are consider crime in the eyes of law. So we should aware the people about what to do when their rights infringed And give them speedy and fair justice. CONCLUSION By adopting the above system we achieve effective prison management system in our criminal justice administration. It is rightly said that “No one truly knows a nation until one has been inside the jails. A nation should not be judged by how it treat its highest citizens, but its lowest ones”

Reference : Prison reform book by Sh. A.P. Bhatnagar, Advisor (Prison Department), Govt. of Punjab.


				
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