LAW, ORDER AND JUSTICE

the JAIL department

Location of Jails.

THERE IS NEITHER A DISTRICT PRISON nor a Central Prison in the district. All categories of prisoners convicted and sentenced to three months and less are confined in Alibag Headquarter Sub-Jail. Casual Prisoners sentenced to imprisonment ranging bet- ween three months and two years are transferred to the Thana District Prison and those sentenced for more than two years to the Yeravda Central Prison. All habitual and juvenile prisoners from the district are transferred to the Nasik Road Central Prison and Dhulia District Prison, respectively.

The Sub-jail at Alibag is classified as Class III Headquarter Sub-jail and a Jailor, Group II is in charge of this sub-jail and is designated as the Jailor-cum-Superintendent. There is only one unarmed jail-guard at the Alibag sub-jail. The sub-jail is at pre-sent guarded by the armed guards from the Police Department who will be replaced by the jail-guards (armed) from the Jail Department after housing arrangements for them are made.

Short-term prisoners of the district with sentences ranging from one week to a month are accommodated in the Taluka Subsidiary Jails which are located at Karjat, Khalapur, Mahad, Mangaon, Murud, Poladpur, Panvel, Pen, Roha, Pali (Sudhagad) and Uran.

These sub-jails are classified as class III sub-jails. The administration of these sub-jails is entered to the Revenue Department.

The Police lock-ups in the district are under the direct control of the Inspector-General of Police, Maharashtra State, Bombay.

Organisation.

The Inspector-General of Prisons exercises, subject to the orders of the State Government, general control and Superintendence over all prisons and jails in the State. He is assisted by Deputy Inspector-General of Police, Superintendent of Jail Industries and the other necessary staff.

The Executive Officer in charge of Central or District Prison is the Superintendent who is vested with the executive management of the prison in all matters relating to internal economy, discipline, labour, punishment and control generally subject to the orders and authority of the Inspector-General. Under him are subordinate Executive Officers (Deputy Superintendents) and ministerial subordinates. The convict officers (i.e., prisoners pro-moted to the ranks of convict overseers and night watchmen under the Jail Rules) assist the jail guards in their executive duties. The services of well-behaved convict overseers are being utilised now for doing patrolling duty outside the sleeping barracks but inside the jail at night time. The main wall and the outer yards are always manned for duty by the guarding staff.

Recruitment.

The post of the Inspector-General is generally filled in by the appointment of an I. C. S. or an I. A. S. officer 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 Senior most 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 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-mission. 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 depart-mental candidates who have passed the S. S. C. or its equivalent examination. The candidates for appointment to the post 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 the 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 avail-able, 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.

Appointment 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. Appointment 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 comprehensive training programme in correctional administration has been prescribed for the said purpose and a course of training has been chalked out which is designed to meet the actual requirements of jail guards in discharging their daily duties satisfactorily.

An accounts test has also been prescribed for Gazetted and non-Gazetted superior staff of the Jail Department.

A Physical Training Inspector 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.

Thus it will be seen that due care has been taken to ensure that every jail officer and every jail subordinate gets adequate opportunities to acquaint himself with the theoretical as well as the practical side of his duties, so that he can discharge them satisfactorily. The training programme has in fact gained an important place in Jail Administration.

Guarding Establishment.

Part of the guarding establishment is armed. This section serves as a reserve guard to reinforce the unarmed guards in immediate charge of prisoners inside the prison or in extra mural 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".

Matron.

No post of matron is sanctioned for headquarter sub-jails; but the Superintendent is empowered to engage a matron locally as long as a woman prisoner is serving her sentence in jail.

Medical Officer.

No medical staff is sanctioned for headquarter sub-jails; but the Medical Service Officers in charge of the local Government dispensary or the Medical Officer attached to the Local Board 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. He receives no extra pay for the jail duty but is entitled to an allowance of Rs. 15 or Rs. 20 per month if the daily average number of prisoners in the jail exceeds 40 or 80 respectively. He has to visit the sub-jail regularly at least twice a week and also at such other time as he may be sent for, to attend cases of serious illness or to examine newly admitted prisoners. A. small stock of medicines is always kept in the sub-jail office to treat minor cases of illness, etc., and serious cases are transferred to the local Government dispensary for treatment.

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, undertrial and security or detenue. 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 Government. Prisoners are also grouped as "short-termers, medium-termers and long-termers". Prisoners with a sentence up to three months are classed as short-termers, those sentenced to a period of three months and above but up to two years are classified as medium-termers and those sentenced to two years and above are classified as long-termers. Headquarter sub-jails are meant for the confinement of short-term prisoners and undertrial prisoners only.

Jail Reforms.

A Jail Reforms Committee was appointed by Government in 1946 and in their report published in August 1947 the Committee made several recommendations to Government calculated to bring about the reformation of the prisoner and Government accepted many of those recommendations. The rules for the treatment have been liberalised. With the Abolition of Whipping Act vide Bombay Act No. XXXIX of 1957, flogging as a jail punishment is stopped altogether. Punishments of penal diet and gunny clothing have been abolished. Rules about letters and interviews have also been liberalised.

Jail Canteens.

Jail canteens have been opened in main jails only; where eatables, drinks, fruits, etc., are available for sale to prisoners out of their earnings. The canteen thus serves as an incentive to prisoners to work and earn wages.

Profits accruing from canteen transactions are utilised for purchase of articles like radios, books, equipment for stage performances and such articles to promote welfare of prisoners.

Remission of Sentence.

Only long-termers come within the ambit of the rule on the subject. Prisoners confined in the main prisons are granted liberal remissions. These are classified below:―

(1) Ordinary remission.

(2) Annual good conduct remission.

(3) Special remission.

(4) Blood donation remission.

(5) Remission for conservancy work.

(6) Remission for physical training.

In addition, State remission is awarded by Government on occasions of public rejoicing. It is granted unconditionally and cannot he forfeited under any circumstances.

Work.

Work is arranged according to the prisoners health. On admission, the prisoner is examined by the medical officer who classifies him as fit for light, medium or hard labour. A work allotment committee is 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 changes in the work so allotted to prisoners by the Committee have to be effected only with the concurrence of the members of the Committee. No such committee is to be appointed for short-term prisoners.

Payment of Wages.

Medium-term and long-term prisoners, so also security and undertrial prisoners who volunteer to work, are paid 1/5th of the wages, which are paid normally for similar work outside, pro-vided they complete their daily quota of task to the satisfaction of the authorities concerned.

Release on parole and furlough.

A prisoner may be released on parole in case of serious illness or death of any member of this family or his nearest relative or for any other sufficient cause. The period spent on parole will not be counted as part of the sentence. Prisoners who apply for parole on false grounds or who abuse the concession or commit breaches of any of the conditions of parole are liable to be punished. Enquiries as regards genuineness of the grounds advanced in the application are made through the local Revenue and Police officers.

Prisoners with a sentence of one year and above are entitled to being released on furlough for a period of two weeks which will be counted as a part of sentence.

Board of Visitors.

A Board of Visitors composing of official and non-official visitors is appointed for every headquarter sub-jail and taluka sub-jails. There are ordinarily four non-official visitors for the head-quarter 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 welfare 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 in the State. Regular annual examinations are held in the jail by the Deputy Educational Inspector. For the payment of remuneration towards conducting literacy classes in jail, Education Department gives a grant-in-aid of which 25 per cent. is given to the convict teachers as an encouragement after the quarterly examination of the students (prisoners) are held and the rest of the, amount is utilised towards the purchase of books, boards, etc., required for the literacy classes. Films of educational and reformative value are also exhibited by the District or Regional Publicity officer.

Daily Routine.

The daily jail routine extends from 5-15 a.m. to 9-30 p.m. The actual working hours are from 8-15 a.m. to 10-45 a.m. and 11-45 a.m. to 4-15 p.m., (i.e., 7 hours in all) and other parts of routine include time for meditation, congregational prayers, physical training, games, social engagements, talks, singing of devotional songs, education classes and reading of newspapers and books. Central and District Prisons in the State have extensive factories comprising various sections like textile, carpentry, smithy, mochi, etc. Prisoners in headquarter sub-jail are employed in gardens attached to the Jail, prison services like sweeping of barracks, kitchen, conservancy, etc., and on works like manufacture of narrow tape, cot tape, etc.

Accommodation.

The authorised accommodation.―Daily average population of the Alibag sub-jail in Kolaba district for the year 1958 was as under:―

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