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Upneet Lalli
Dy Director, Institute of Correctional Administration, Chandigarh
Society has a stake in having a safe prison system. The concern with crime control normally exists till the offenders are locked up in the prison. This public detachment from the prison usually ends when an escape or riot occurs. Sykes has pointed out that a riot is “a disturbing reminder of society’s decision to punish some, to protect the many and simultaneously records the failure of ‘penal policy’.” The political leadership is questioned whenever any disturbance or riot takes place inside the prison.
The recent riot in Ludhiana Jail has again brought the focus on prisons. Punjab has faced prison riots at various points of time. Some serious ones include the riot at Model Jail, Kapurthala, in 2011 which lasted for more than 10 hours and led to the death of two inmates and left many injured. The rampage had also destroyed the newly constructed prison hospital. Gurdaspur Jail faced a riot in March, 2017. The Model Jail at Faridkot has faced a riot in 2013 and two riots in 2016, pointing to a particular pathology and malfeasance in the system. An overcrowded system that is beset with institutional and administrative difficulties, it needs to undergo drastic changes in order to reform.
Prison riots also serve as a grim reminder of the dangers of a failing prison system. Brazil in 2017, or the Attica prison in the USA in 1971 point to the crisis in the system. The Attica prison riot brought the demands of the rioters as well as details about prison conditions into the normal conversations of the people. The Strangeways prison riots in the UK led to the Lord Woolf committee, which inquired into the examination of the issues that led to riots. Consequently, a series of actions that brought reforms in the prison system was ushered in.
There is a series of contributing factors to prison disturbances and riots. Though the causes range from poor living conditions, overcrowding, human rights violations, poor food and medical facilities, unresolved conflicts and ineffective grievance redress, one common factor is the delayed and inadequate response of the management to the problems. There is also no single simple solution. Prison riots do not happen instantly; they may also be a culmination of a series of minor crises, each of which sets in motion forces for the creation of new and more serious crises. A particular catalyst that may also spark disturbance is the death of a prison inmate. This was the case during the Chennai prison riot in 1999, and Kapurthala in 2011, and also the latest riot in Ludhiana.
Unlike the outside world, a prison is a closed system and does not have “self-correcting mechanisms.” What lessons have been learnt from the past prison unrests, security failures and riots? Though each incident is followed by a mandatory inquiry, it is of little use, if it did not lead to an understanding of the factors responsible for the crisis and the interventions required. The monitoring system appears to be weak in this regard. An opaque system with little accountability needs to be governed with a new set of ethos. Just by placing cameras and going hi-tech, and transfer of difficult prisoners, will not resolve the crisis.
Security is not just a matter of buildings and gadgets, though both are important. Physical security issues in prisons do need to be paid attention. But when modern prisons like Kapurthala and Faridkot faced riots, it was not due to poor physical infrastructure. Having super-max facilities hasn't worked in the USA. Another aspect which requires little finance is that of procedural security, that complements other forms of security. Security requires effective systems and procedures. This relates to proper search procedures, surprise checks and mechanisms for a scientific security classification and segregation of prisoners. Both prisoners and staff have the responsibility to observe reasonable disciplinary rules that contribute to an orderly environment. Further, a standard operating system and contingency plans need to be worked out.
The importance of dynamic security also needs to be appreciated. It encompasses actions that contribute to a professional, positive and respectful relationship between the staff and prisoners. The staff need to be working in direct contact with prisoners, rather than through control towers or CCTVs. Dynamic security requires knowledge of the prison population and an understanding of relationships between prisoners, and between prisoners and the staff. In a coercive environment as prisons, there is a danger that concerns about security and order prevail too easily over dignity and fairness. The key to a secure and humane prison system lies with the staff and the nature of its relationship with the prisoners. The prison officers’ work is best described as a complex balancing of custodial and human service roles. They need proper training in these aspects.
There is an inverted status hierarchy in prisons, and an inmate code that binds the prison sub-culture. Prisoners and the prison administration typically look into some sort of working relationship which may not be entirely voluntary, but in order to keep peace in the prisons. There is a danger when the administration adopts the line of least resistance to appease the hardcore inmates. Prisoners are used to maintaining discipline inside the prisons. The Indian Jail Committee in 1919-20 had recommended the abolition of the system of convicted officers as it had a corrupting influence on the administration. The Mulla Committee report (1984) had observed that even if convicted officers are to be used in any institution, they should not be used in any administrative capacity. It recommended that the system be replaced in a phased manner over five years. A transparent system of prisoners’ panchayat for participative management in prisons will help create a more conducive environment of reform.
Action to address the lack of purposeful activities, availability of drugs and feuding gangs is urgently needed. Drug use and dealing tend to accentuate inequalities in prisons between powerful and more vulnerable prisoners and contribute to the prison becoming a low-trust environment. When there are no outlets to relieve the pressures, small disturbances escalate into major ones. Engaging prisoners in a constructive manner will help them develop new self identities in order to become good constructive members of society. A system of earned incentives and privileges will help reinforce good behaviour.
The draft Punjab Prison and Correctional Services Act 2015, drafted by me, stated the need for prison administration to maintain a balance between security, control and justice. This progressive legislation hasn’t seen the light of the day. The state needs to address the issue of structural reforms.
A proper balance should be maintained between the physical, procedural and dynamic security in the case of all prisoners, including high-risk ones. Constant vigilance, alertness and an effective grievance redress would help maintain better prison security. It is time an effective board of visitors system is put in place and an effective monitoring mechanism in the prisons developed. Good performance standards for each prison should be set up. Much has been talked about, it’s time to shake off the apathy. Locking up and forgetting the key to reform has huge costs — social, economic and human.
(Views are personal)
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