Latest Articles
Back
Women Prisoners
The situation of Indian prisons are terrible for both men and women. What makes it different and worse for women? Firstly, the patriarchal society of India has assumed that crime is a masculine activity and women are not expected to commit it. And any women who dares enough to commit such a masculine activity is deserving of the inhumane torture in prisons and it is assumed that the objective of the society is to get rid of her immediately. This becomes a justification for the custodial torture, sexual assault and rapes that happen in prisons. Forest land activists and human rights activists have it worse as they are a group of strong women who raise their voices against any sort of violence on women. This activism is also perceived as something that women are not allowed to do and moreover, strong opinionated women are as it is seen as a threat to Indian culture and society. And since these activists raise voice against the government policies and politicians, they are at a higher risk of custodial torture to shut them down. Thus, violence against women in prison is extremely justified and normalised under the huge blanket of patriarchy.
Secondly, the plight of women prisoners is not something that is unheard of. The awareness has increased in recent years through some activists such as Soni Sori, Anjum Zamarud Habib, Xavier Amma and Roma Malik etc. Yet there has been very less steps taken to resolve the issues custodial torture, sexual assault and rape in prions. There has been a huge issue of overcrowding and lack of basic facilities such as sanitary napkins and maternal healthcare. Of Course steps through various committee reports such as Justice Mulla Committee Report, 1983 and Justice Krishna Iyer Committee on Women Prisoners Report, 1987; have been taken but there has been a lack of implementation. Even in the most recent National Policy on Prison Reforms and Correctional Administration, 2007 no recommendations have been taken from non-governmental organisations, judiciary, academicians and researchers who have worked for years for the same purpose.
Thirdly, no effort has been done to view the atrocities against women in prison through the lens of the Constitution of India. The sufferings that women go through in prisons are violative of the very crux and values of the Constitution. The custodial violence, torture and the lack of infrastructural and basic facilities in the prison is strictly violative of Article 21 which guarantees right to life and personal liberty and this also applies to the children who live in the prison along with their mothers. There is usually no family member who is willing to take custody of these children and they grow up and spend their childhood within the four walls of a prison. Their entire perspective about human beings revolve around the behaviour of humans in a prison which is not a very conducive for a child’s mental growth.
