NEW DELHI, Jan 21: Government has come out with a new prison manual which will ensure death row convicts get a final meeting with family members before execution and legal aid at all stages even after rejection of mercy petitions.
The new rules came three years after the centre faced flak for not informing the family members of Afzal Guru, the Parliament attack convict, before his hanging in Delhi’s Tihar jail.
The new model prison manual consisting of 32 chapters aims at bringing in basic uniformity in laws, rules and regulations governing the administration of prisons and the management of prisoners all over the country.
Provision of legal aid to prisoners sentenced to death at all stages, even after rejection of mercy petitions, facilitating and allowing a final meeting between a prisoner and his family have been incorporated in new Chapter XII (Chapter XI of the 2003 Manual).
Other key changes in the manual for the death row convicts include procedure and channels through which mercy petitions are to be submitted, communication of rejection of mercy petitions and furnishing necessary documents, such as court papers, judgments, to the prisoners.
Regular mental health evaluation for death row prisoners, physical and mental health reports to certify that the prisoner is in a fit physical and mental condition are key provisions, a Home Ministry statement said.
Additional provisions have been made for safety of women prisoners and their reformation.
Health of women prisoners has also been recognised as a focus area warranting special attention. With this in mind, the following have been provided in the revision:
Comprehensive health screening for women prisoners, including tests to determine presence of sexually transmitted or blood-borne diseases, mental health concerns, existence of drug dependency.
This is drawn from the United Nations Rules for the Treatment of Female Prisoners and Non-Custodial Measures for Women Offenders adopted by the UN General Assembly (UN Bangkok Rules), sensitising the staff and imparting training relating to gender issues and sexual violence, educating women about preventive health-care measures and enabling proper counselling and treatment for those suffering from psychological disorders.
Focused after-care and rehabilitation measures to ease women’s re-integration into society, restrictions on certain kinds of punishments being awarded to women, for instance, punishment by close confinement should not be awarded to pregnant women, women with infants, counselling programmes focused on women, especially those who have been victims of abuse and focus on removing any further damage that imprisonment may have on a female inmate.
A new chapter on legal aid (Chapter XVI) has been incorporated in the Model Manual. Article 39A of the Constitution calls for free legal aid to the poor and weaker sections of society and seeks to ensure justice for all.
The additions include: appointment of jail visiting advocates, setting up of a legal aid clinic in every prison, legal literacy classes in prisons, constitution of under-trial review committee and provisions to ensure legal services for under-trial prisoners who have undergone half of the maximum sentence for that offence.
Among the new provisions for children of women prisoners are provisions for holistic development of children, including provision of food, medical care, clothing, education, and recreational facilities, providing pre-natal and post-natal care to pregnant women offenders, taking care of nutritional requirements of children and provision of clean drinking water, ensuring a well-equipped creche and a nursery school for children to be looked after.
Additions have been made to the manual to encourage use of technology and software systems where possible, including introduction of a personal information system for recording information relating to inmates. Also, any register required to be maintained by the prison authorities has also to be in an electronic form.
The manual recognises that it is the States’ duty to devise and develop mechanisms for rehabilitation of released convicts. It is envisaged that special committees known as Discharged Prisoners’ After-Care and Rehabilitation Committees should be set up at the district or state level for planning and devising appropriate mechanisms for rehabilitation and after-care assistance to prisoners.
A new chapter on inspection of prisons has been incorporated so that inspections can be carried out by senior prison officers and inspection carried out.
The manual brings uniformity and clarified provisions regarding remission, usage of commonly-used terms ‘parole’ and ‘furlough’ in place of leave and special leave and setting out in detail the objective behind parole and furlough and the procedure for the same.
Medical services in jails will be brought within the domain of the State Medical Services or Health Department instead of the prison department.
A more comprehensive and relevant security classification for high-risk offenders will be conducted for such prisoners.
The new manual will be sent to states and union territories for guidance soon, the statement said. (PTI)
Follow our WhatsApp channel