LAW, ORDER AND JUSTICE

JAIL

Organisation.-In Buldhana district, there is one District Prison class III and six magisterial lock-ups. The District Prison class III is located at Buldhana. Magisterial lock-ups are located at (1) Chikhli, (2) Mehkar, (3) Malkapur, (4) Jalgaon, (5) Khamgaon and (6) Buldhana.

The District Prison at Buldhana is mainly meant for confinement of short-term casual prisoners and local under trial prisoners.

For the purposes of Prison administration the State is divided into two divisions, viz., Eastern and Western. The Eastern Division is composed of the revenue divisions of Aurang-abad and Nagpur and the Western Division, of Bombay and Poona. The Inspector-General of Prisons, Maharashtra State, Poona, exercises general control and superintendence over all prisons and jails in the State subject to the orders of the State Government. The Superintendents of Nagpur Central Prison and the Yeravada Central Prison have been appointed as the ex-officio Deputy Inspectors-General of Prisons for the Eastern and Western Divisions, respectively. Some of the powers exercised by the Inspector-General of Prisons have been delegated to the Deputy Inspector-General of Prisons. They are in immediate overall charge of the prisons in their respective divisions.

The Superintendent, Buldhana District Prison, is vested with the executive management of the prison in all matters relating to discipline, internal economy, labour, punishment, etc., subject to the orders and authority of the Regional Deputy Inspector-General of Prisons, Eastern Region, Nagpur, and Inspector-General of Prisons. The Superintendent of Prison is assisted by the executive and ministerial staff.

Prisoners promoted to the rank of convict overseers and night watchmen are utilised for prison services.

Recruitment.-The post of the Inspector-General of Prisons is filled by the appointment of an officer belonging to the Indian Administrative Service or by promotion from amongst those who are borne on the cadre of the Superintendent of Central Prisons (i.e., including the holder of the post of the Deputy Inspector-General) or by transfer of a suitable officer in Maharashtra Medical Service, Class I, or by direct recruitment.

The Superintendents of Central Prisons are officers promoted from the ranks of Superintendents of District Prisons. The seniormost Superintendent of Central Prison is usually appointed to hold the post of Deputy Inspector-General in consultation with the Public Service Commission. The Superintendents of District Prisons are appointed both by direct recruitment or by promotion from amongst the Jailors in Grade I in the proportion of 1:2. Jailors in Grade I are also appointed both by direct recruitment and by departmental promotion from amongst Jailors in Grade II in the proportion of 1:2. The candidates for direct recruitment to the post of Superintendent of a District Prison and/or Jailor, Grade I, must hold a bachelor's degree with honours. They are recommended for appointment by the State Public Service Com-missinn. A diploma in sociology or penology is considered to be an additional qualification. Appointments to Jailors, Grade II, are made by the Inspector-General by promotion of Jailors in Grade III. Appointments to Jailors, Grade III are also made by the Inspector-General. However 50 per cent of the posts are open to outside candidates who must necessarily be graduates, while the remaining posts are filled in by promotion of suitable departmental candidates who have passed the S. S. C. or its equivalent examination. The candidates for appointment to the posts of Jailor. Grade III, are interviewed by a Selection Board consisting of the Inspector-General and two Superintendents of Prisons who are nominated by Government. The posts of sepoys are filled in by direct recruitment and higher posts from the guarding establishment are generally filled in by promotion according to seniority. But if suitable persons according to the seniority are not available, appointments to the posts in higher grade are made by selection from amongst the members of the next lower rank or by nomination of candidates with some high academic qualifications fixed for similar posts.

Appointments to the posts of junior clerks are made by nomination from amongst candidates who must have passed the S. S. C. Examination or its equivalent. Appointments to the ministerial posts in higher grade are made by promotion generally according to seniority from amongst the members of the next lower rank. Medical Officers are drafted for services in Jail Department for a period of two years from the Medical Department.

Training.-The Superintendents of Prisons and Jailors receive theoretical as well as practical training in Jail Officers' Training School at Yeravda on a scientific basis in all fields of correctional work. A separate training class of three months' duration for noncommissioned officers has been started at the Jail Officers' Training School to impart practical knowledge regarding the duties which are expected of a jail guard.

A Physical Training Instructor visits the jails in the State in rotation and imparts training in drill, games and other physical activities both to the inmates of the jail and also to the jail guards.

Guarding Establishment.-Part of the guarding establishment is armed. This section serves as a reserve guard to reinforce the unarmed guards in the immediate charge of prisoners inside the prison or in extramural gangs in the event of assault, mutiny, escape or other emergency. It is also available to mount guard over particularly dangerous prisoners or prisoners sentenced to death who are termed as " Condemned Prisoners ".

No posts of Matrons are sanctioned for headquarters sub-jails; but the Superintendent is empowered to engage a matron locally whenever a woman prisoner is admitted to the jail. No medical staff is sanctioned for headquarters sub-jails; but the Maharashtra Medical Service Officer incharge of the Local Government Dispensary or the Medical Officer attached to the Zilla Parishad or municipal dispensary stationed at or nearest to the place where the sub-jail is situated is deemed to be the Medical Officer of the jail.

Classification of prisoners.-Prisoners are classified as class I or class II by the court after taking into consideration their status in society and also the nature of the offence. They are further classified as casual, habitual, under trial and security or detenu. There is no separate class of political prisoners but certain rules which do not allow the grant of facilities and privileges on the score of length of sentence are relaxed in their favour under the specific orders of the Government. Prisoners are also grouped as "short-termers, medium-termers and long-termers". Prisoners with sentence up to three months are classed as short-termers, those sentenced up to a period of three months and above but up to two years arc classified as medium-termers and those sentenced up to two years and above are classified as long-termers. Headquarters sub-jails are meant for the confinement of short-term prisoners and under-trial prisoners only.

On admission, a prisoner is examined by the Medical Officer and is classified as fit for light, medium or hard labour. Work Allotment Committee's constituted for Central and District Jails the members of which have to take into account health conditions of the prisoners, their aptitude, past experience, etc., and assign suitable work for newly admitted prisoners with a sentence of six months and above. Any change in the work so allotted to prisoners by the committee has to be effected only with the concurrence of the members of the committee. No such committee is to be appointed for short term prisoners.

Medium-term and long-term prisoners so also security and undertrial prisoners who volunteer to work are paid as per the prison rules. They are generally paid 1 /5th of the wages which are normally paid for similar work outside, provided they complete their daily quota.

Jail Reforms.-In recent years many reforms [Reports of Jail Reforms Committee appointed in 1946.] calculated to bring about the reformation of prisoners, have been introduced. With the Abolition of Whipping Act (vide Bombay Act No. XXXIX of 1957), flogging as a jail punishment is stopped altogether. Punishment of penal diet and gunny clothing have been abolished Rules about letters and interviews have also been liberalised.

Release on parole and furlough: A prisoner may be released on parole in case of serious illness or death of any member of his family or his nearest relatives or for any other sufficient cause. The period spent on parole will not be counted as part of the sentence. If any prisoner is found to have misused or violated parole rules, he is liable to be punished. Prisoners with a sentence of one year and above are entitled to being released on furlough for a period of two weeks, which is counted as a part of the sentence. A prisoner who is sentenced to more than a year and up to five years and who has actually undergone one years' imprisonment is eligible for release on furlough for a period of two weeks. A prisoner sentenced to more than five years is eligible for release on furlough on completion of two years of actual imprisonment. The period spent on parole counts as part of sentence.

Remission of Sentence : Only long-termers come within the ambit of the rule on remission of sentence. Prisoners confined in the main prisons are granted liberal remissions which are ordinary remission, annual good conduct remission, special remission, blood donation remission, remission for conservancy work and remission for physical training. In addition, State remission is awarded by Government on the occasions of public rejoicing. It is granted unconditionally and cannot be forfeited under any circumstances.

Board of Visitors.-A Board of Visitors composing of official and non-official visitors is appointed for every headquarters sub-jail and taluka sub-jails. There are ordinarily four non-official visitors for the headquarters sub-jail, out of which two are members of the Maharashtra Legislature and two are nominated by Government, of whom one is a lady visitor. The appointment of non-official visitors other than members of the Maharashtra Legislature is made for a period, not exceeding three years. Persons who in the opinion of Government are interested in prison administration and are likely to take interest in the welfare of prisoners both while they are in prison and after their release are nominated by Government on the Board of Visitors on the recommendation of the District Magistrate concerned and Inspector-General of prisons. The Chairman of the Board of Visitors who is usually the District Magistrate arranges for a weekly visit to the prison by one of the members of the Board. Quarterly meetings of the Board are also convened. Non-official visitors are also allowed to visit the prison on any day and at any time during the day in addition to the weekly visit arranged by the Chairman. The Board records in the visitor's book its observations after the detailed inspection of the jails. Any remark at the quarterly meeting or at the weekly visits deserving special and prompt disposal is immediately forwarded by the Superintendent to the Inspector-General for necessary orders with such remarks as the former may desire to offer.

In bigger jails a committee of prisoners is selected for each year by the prisoners themselves, and the Jailor and the Superintendent consult the committee which is known as "Jail Panchayat Committee " in matters of discipline and general wel-fare of prisoners.

Education.- Literacy classes are conducted for those prisoners who are ignorant of the three R's under the supervision of literate convicts and paid teachers who are appointed only at some of the main jails by the Deputy Educational Inspectors. Towards these literacy classes, the Jail Department receives a grant-in-aid from Education Department. Twenty-five per cent of the grant-in-aid received is given to the Convict Teachers as an encouragement after the quarterly examinations of the students (prisoners) are held and the remaining portion is utilised towards the purchase of books, boards, etc., required for the literacy classes. Necessary facilities are also provided to those desirous of prosecuting higher studies.

Recreational and Cultural activities and other facilities.- The Zilla Parishad arranges an exhibition of documentary and full length feature films for the benefit of the prisoners once in a month. Newspapers are also supplied to the prisoners. Musical programmes and other cultural programmes are also arranged for their benefit.

Prisoners are allotted work which would benefit them after their release from the prison. The prison has attached to it land measuring about 18 acres where prisoners are engaged in agricultural activities. Emphasis is laid on the maintenance of good discipline in the prison. Positive and constructive discipline is treated as the basic foundation for wholesome changes in the attitude of prisoners.

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