The sordid inside story

Upneet Lalli

Dy Director, Institute of Correctional Administration, Chandigarh

Prisons are a microcosm of society, with the ills prevalent outside also reflected within its walls. However, in all spheres of public life, prisons provide a unique environment for corruption. The nature and extent of corruption, deviance and other criminal activities raise many questions about the very role of prisons. A change in terminology, from jails to ‘sudhaar ghars’, has been a cosmetic exercise. 

A spurt in organised crime has also led to corruption, with the worst being that of extortion inside prison walls. The recent dismissal of prison staff, following extortion from family members of the prime accused of the Muzaffarpur shelter home, should serve as an alarm to set things in order. Fifty years ago, a petition by a prisoner who had heard the torturous cries of a fellow inmate and approached the SC (Sunil Batra case) had led to a framework of prison rights jurisprudence. Similar torture still continues inside, despite judicial intervention, and indicates that neglect of prison conditions is having dangerous consequences.

What goes on inside is mostly physically hidden from public view. Though now the public does get to see isolated spectacles on social media, with prisoners uploading and sharing videos shot from smuggled mobile phones. The UNODC discusses four categories of corruption in prisons: bribery, embezzlement and misappropriation, abuse of function, and trading in influence. Prison culture elements that contribute to malpractices are primarily the subservient position of prisoners, their distress and the angst of their family, combined with the power and discretion available to prison officers. The relationship between inmates and staff, among staff members, and among inmates, combined with the code of silence, can be a powerful tool of control. Conflict, cooperation, or compromise can happen.

Overcrowded and understaffed prisons are more difficult to operate and may be marred by lethal violence. Collusive relationships inside have been exposed in recent times. There are numerous instances of allowing inmates to conduct criminal activities, and crime syndicates running their operations inside. The aides of Chhota Rajan running extortion rackets inside the prison was no surprise. A gangster-turned-politician had to be shifted to a ‘high-security’ jail after a businessman reported that he was kidnapped and brought to a prison where the gangster was lodged, to sign away property papers. Inmates being attacked inside jails by fellow inmates and intimidation by gangsters points to the violent behaviour within the ‘secure’ places of custody. Segregation of violent offenders is essential. The attacks happen for various reasons, to create fear, settle disputes or seek power.  

Incarceration involves deprivation of access to a large range of normal goods and services to persons confined against their will. There is a huge demand for essential goods. Corruption arises from the power employees enjoy. This power is twofold: to punish and grant privileges. Punishment can be shifting to a separate confinement place, stopping of visitors, or denial of parole. On the other hand, they may grant privileges, such as increased visits, or special diet. Entrepreneurship inside prisons is unique. The market for mobiles, drugs, and contraband goods is a profitable enterprise. Be it in India or other countries, goods are available inside prisons at a premium. 

Staff strength is inadequate in most states. The guarding staff is underpaid, has poor service conditions, with limited or no promotions, feels undervalued, and hence may be more susceptible to corruption. There are also feelings of relative deprivation, when guards feel inmates are better looked after than them; this can cause hostility and give rise to overcompensation. There is a need for rotation systems for roles that involve security screening and significant interaction with manipulative prisoners. Regular transfers can cut the risk of vested interests developing.

Further, even prisoners can be extremely ‘manipulative’. There are many ways in which they can threaten or blackmail staff into working for them. This includes threats, intimidation, inappropriate relationships, or preying on staff disaffection. Charles Sobhraj escaped using this technique. Many times, prison employees disclose that they face death threats, and since they have little physical protection, they are caught in a spot. Prisoners may bribe officers to facilitate smuggling of contraband. 

Much of the corruption may remain concealed when it benefits both parties. It is only when there is a complaint that an inquiry ensues. The lack of monitoring and investigating systems create the impression that unethical practices will go unnoticed and/or unpunished. The Telangana prison department took a bold initiative by displaying a phone number to report any bribe demand, and a cash reward of Rs 10,000. This has helped reduce corruption.

Doctors also carry immense clout, though they have a short stay. Many influential prisoners manage to spend more time outside, admitted in hospital, than inside. Getting referrals is a good break. 

A balance between the good order, control and care of prisoners is important. Meaningful activities for both inmates and staff are a good stimulant, which reduces demand for contraband items such as drugs. During inspections, many prisoners do not report any malpractice, but once released, their feedback is useful in providing authentic information about the closed system. Identifying signs of potential corruption, understanding its causes, and planning measures to reduce it are essential. Regular searches of staff, prisoners and visitors are needed to check contraband. 

Holistic reforms are long overdue. The identity crisis facing the prisons department can be replaced by visibility of its good work. There should be willingness to walk the talk to ensure that a better organisational culture prevails.