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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…
(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.
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 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.
TYPES OF PUNISMENT:-
(A):-Death sentence.
(i)Rigorous
(ii)Simple
(C):-Forfeiture of property.
(D):-Fine.
THEORIES OF PUNISHMENT:-
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.
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.
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.
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.
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) Legal Aid through experience women lawyers and NGOs are provided.
V) Special food, medical care, clothing etc. to the children are being provided.
VI) 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.
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.
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
JUDICIARY
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,”
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 :-
STATISTICAL REPORT:-
,Phulbani,Puri,Sundergard.
SPECIALSUB-JAILS:-Bhadrak,Bhanjanagar,Bonigargh,Boudh,Deogarh,Talcher.
In the matter of an application under Articles 226 and 227 of the Constitution of India.
V.
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:-
A. Guarding staffs
B. Administrative staffs.
Matron 01
Asst. Matron 02
Sub-asst. jailors 99
Pharmasists : 67(Regular)
Contarctual pharmacists: 23
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:-
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 1:2.3
Hong-kong 1:2.2
Indonesia 1:4.5
Koria 1:4.8
India 1:6.4
(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.
The model prison is new concept introduced in our prison management system.
The important features of model prison are follows :
3. Meeting Place for visitors with prisoners – to ensure primary and dignity
combined security.
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.
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?’.
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 .
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.
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.
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.