Special move to release under trail prisoners at Tihar

In a positive move that could bring a ray of hope to a huge number of prisoners languishing in the Delhi Prisons, the higher jail authorities are in the process of identifying such under trail prisoners who have already served more than 50 percent of the maximum sentence for the charges against them. Currently, more than 10,000 prisoners are under trial prisoners in Delhi Prisons.

While interacting with media persons during the annual press conference of Delhi Prisons, Director General (Delhi Prisons), Vimla Mehra said that they are well in order to identify those prisoners who have been in detention for more than half the prescribed period of imprisonment.

"One the process is done, the final report will be forwarded to the government to take some necessary actions over the same. Ultimately, it falls under the domain of government to do the needful in a bid to release them on personal bail bond as per the sanctioned law," said Mehra.

Under section 436A CrPC -- the most radical amendment in the CrPC Amendment Act 2005 -- an under trial prisoners, other than someone accused of an offence for which the death penalty is prescribed, has to be released if he/she has been in detention for more than half the prescribed period of imprisonment.

The move could bring a ray of hope to a large umber of prisoners as a total of 10,154 inmates out of 13,552 are under trial prisoners at Delhi Prisons with an average of 74.93 percent. Last year, 8,887 were under trial prisoners out of 12,113 of total strength with an average of 73.37 percent.

According to recent studies, more than 65 percent of the inmates in India's jails are under trial prisoners.

According to Khagesh Jah, practicing advocate in Supreme Court and Delhi High Court, who is associated with Justice For All, a group that works for the rights of poor children in the Capital, said that many financially poor under trial prisoners are languishing in jails, as they do not have the money to pay for the bail bond.

“If inmates are not aware of their rights, although as per law (section 436A CrPC), such inmates should be let off on personal bonds if they have served 50 percent of their sentence. However, it has been noticed that prison departments often does nothing to inform them of their rights,” said Jha.

 Ironically, many of them have already served terms far exceeding the sentences they would have been given had they been convicted of their crimes, asserted Jha.  

The same CrPC section also provides for the release of under trial prisoners who are detained beyond the maximum period of imprisonment provided for the alleged offence. Under trial prisoners who meet these criteria will have to file fresh petitions in court to be granted relief under this section.  

Now, in Tihar Jail convicts can go outside to work

Now, Asia's largest prison -- Tihar jail -- is an open jail as the well-behaved convicts can go outside for work daily and during evening can return home.

Lieutenant Governor Najeeb Jung has approved Tihar Jail’s proposal for initiation of Open Prison for inmates who have undergone conviction in the Semi-Open Prison Complex. With the help of the Open Prison, inmates will be able to go outside the jail complex for work and come back during the prescribed evening hours. The facility is likely to start within a month.

“In the process, they will be able to earn wages and familiarise themselves with outside world. Each of the selected inmate will have to go through a tough selection process,” said Tihar Jail Director General, Vimla Mehra. A selection committee has been constituted by Mehra under the chairmanship of Deputy Inspector General (Prisons).

For availing the facility, a convict must have been sentenced to more than five years of imprisonment and completed two years in the Semi-Open Prison (SOP) Complex. “They should have maintained excellent conduct inside the SOP and have performed work allotted to them with due devotion and diligence,” Mehra added.

The Tihar Jail Director General shall permit a convicted prisoner to work at a place outside Tihar campus beyond which inmates shall not go. The prisoner can be allotted work on PWD projects, horticulture work or any other private work or at Tihar outlets at various places for which they shall be eligible for minimum wages as prescribed by the Delhi government.

“No prisoner shall be employed by any jail officer for any private work or shall be assigned any menial duties. Under no circumstances shall they be asked to work as domestic help,” Mehra said.

The selected prisoner shall be directed to furnish a surety and personal bond for their maintaining good conduct while on work outside, observance of discipline, work code, timings for returning, among others. Prisoners, who do not abide by the levels of prescribed discipline while working, can be shifted back to the SOP or closed prison, and could be punished as per the Delhi Jail Manual.

Tihar Jail’s SOP Complex -- prison without bars -- was inaugurated on June 11, 2013. Transfer to SOP is extended only to convict prisoners with good prison conduct, who are physically and mentally fit and are willing to do hard work as prescribed for them.

The staff quarters had been converted into the SOP and can house up to 100 inmates. The inmates can go to work every day at around 6 am and return to their rooms by 7 pm. There are no guards, but a jail officer keeps attendance record.

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35 death reported in Tihar in 2013

Lack of prompt medical facilities and proper surveillance in the Asia’s largest prison – Tihar Jail --, the death of inmates doubled compare to last year. 

The Tihar Jail has witnessed 35 deaths, including two suicides and two murders, during 213, an official said.  In 2012, sixteen inmates died inside the jail and two prisoners committed suicide.

In 2013, Delhi gang-rape prime accused Ram Singh committed suicide by hanging himself. Ram Singh was found hanging inside jail number 3. He was rushed to the jail hospital but declared dead on arrival.

Magisterial inquiries were conducted in every death but inquiry reports in the suicide cases and murders are yet to come.

Though, the jail authorities claim that the most of the death were natural and round-the-clock medical attention is given to jail inmates. There is a 150-bedded hospital in central jail number 3 and dispensaries attached to other jails. However, sources said that lack of proper surveillance and medical attention; the inmates have died in the jail.

But interesting incidents of murders were not reported earlier years. Last year, two murder incidents took place inside the jail premises.

In one of the incident, Mohammad Javed was brutally murdered inside the jail premises during roll call in month of March 2013. Javed, a resident of Seelampur, was lodged in jail for a murder case. The jail authorities were tight-lipped over the matter and said that the magisterial inquiry is still pending. 

As many as 14,000 prisoners are lodged inside nine jails, out of which 600 are women.

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Tihar Jail parlour big hit among women inmates

Sunita Singh 35, a murder convict, rushes to the beauty parlour inside the high security walls at Tihar every time her relatives come calling. She indulges in spa, facial, eye-brow threading and nails painting among other beauty treatment facilities available and pays a little over Rs 200.

Likewise, women inmates do not forget to indulge themselves before leaving the jail premises for attending court hearings.

Tihar is fast becoming the hottest beauty treatment centre for the 525 women prisoners including some foreigners lodged in the high security walls of Asia’s biggest prison.

Forget your friendly neighbourhood beauty parlours or upmarket beauty treatment centres, a Tihar inmate is also enjoying the same luxury – hair cut, eyebrow threading, facial, bleach, pedicure, manicure, hair dye, head message and spa.

“Women prisoners make a beeline at the beauty parlour whenever their friends and relatives come calling. Sometimes, the visitors are unable to recognise them as they look so good,” said Tihar Spokesperson Sunil Gupta.

A pedicure costs Rs.30, a spa Rs 110, a facial Rs 70, a hair dyeing Rs 30 and eyebrow threading Rs 25.

“The parlour has become such a hit that many of them visit it before leaving the jail premises for attending court hearings. It has provided them with a good opportunity to pamper themselves and they are loving it. Who does not like to look good?,” said a jail officials when asked with a smile.

The inmates working at the parlour are paid wages for the work.

At present inmates under three categories – skilled, semi skilled and unskilled – gets Rs 99, Rs 81 and Rs 70 a day respectively.

The in-house parlour, is a furnished room with photos of Bollywood beauties like Aishwarya Rai, Kareena Kapoor and Madhuri Dixit adorning the four walls. There is a long mirror along the wall while wooden chairs are there for customers.

“The parlour is run by some inmates who got training in beauty culture from trained people from Habibs. The training is imparted as part of the rehabilitation programme,” said Sunil Gupta.

According to him the inmates who run the parlour are all trained in modern hair styling and other beauty therapy.  “The parlour has become the most colourful and noisiest place inside the women jail,” he added.

The parlour is chock a block especially during festivals.

“Most of them throng the parlour during festivals such as karva chauth to pamper themselves with beauty therapy. Inmates clad in trousers, spaghetti tops, salwar-kameez capris, shirts and skirts are seen standing in the queue,” Gupta, adding foreigner prisoners also frequent the facility.

Most of them are from Nigeria and are facing trial in drug cases and fraud cases.

Going by the flourishing business, the jail authorities are now planning to set up similar beauty salons for its male inmates.

There are salons for hair cut in the other 10 jail for male prisoners where government barbers offer services free of cost.

“Now we have started training programmes for male inmates in hair cutting too. Male inmates also want to look good. We keep on getting VIP inmates who always suggest us to set up flashy salon,” said a prison official.

The parlour is not a profit-making venture. “Every day it is opened from 9 am to 2 pm and they earning is used to buy the cosmetics and accessories for the parlour,” said the official.

Habib’s Hair Academy was set up a training centre where several inmates take part in the training courses, hoping that this will help them start a new life after their release.

The prisoners who successfully complete the training are awarded certificate without mentioning the place of training to facilitate their employment after release from jail.

There are 525 women prisoners in jail no 6 and around 30 per cent of them are murder convicts while the rest are undertrials, mostly in dowry related cases.

At present Tihar houses 13,000 prisoners against the sanctioned capacity of 6,000.

Life in the jail follows a set routine.

Prisoners wake up at 5 am followed by a daily attendance call; breakfast is served at 7 am; lunch between 11 and 12 pm followed by a visitors’ meeting time. The dinner is served early at 5 pm before the prisoners are locked into their barracks and cells.

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Interestingly, convicts in Tihar take parole to get married

Rakesh Singh 35, who is lodged in Tihar jail and is serving a life term for murder, can’t wait to get married.

He has written to Delhi government seeking permission to be released on parole for four days to tie the knot with his long time acquaintance Roshni. In his letter he has written how he was committed to Roshni and his long-cherished dream to marry her.

Rakesh is not alone.

Tihar jail authorities are literally flooded with such requests from convicts languishing in Asia’s biggest prison over the past few years – several of them seeking parole to marry.

“Several of such convicts marry after being granted parole. This is a growing trend and we do not have any complaints. It is a positive thing and would also help them in rehabilitating once they get out of prison after serving their term,” said a senior prison official.

Over the past two years over 150 convicts have got married after being allowed parole.

“Another good thing is that the promise of an ordered family life after jail made such convicts to be on good behaviour inside prison. After marriage they become more disciplined and well-mannered, he added.

But there are others who misuse the relief and go missing after being granted parole --- 26 convicts have gone missing in the last two years after they were granted relief.

“This is why we have written to the Delhi government to make parole rules more stringent and amend the existing guidelines,” another official said.
Last year Delhi high court granted Manu Sharma, serving a life term for the 1999 murder of Jessica Lal, parole for five days to attend his brother’s wedding but laid down a condition -- he wouldn’t visit nightclubs or discotheques during the five days.

In 2009 Delhi government had landed in a soup after recommending parole to Sharma who was found partying in a discotheque in the capital the last time he had been granted parole to visit his ailing mother in Chandigarh and attend his grandmother’s last rites.

According to the official jail authorities get 20-25 applications every month from convicts seeking parole on several grounds including marriage.

“Only those who are well-behaved and have never been involved in any untoward incident inside prison are allowed,” said Sunil Gupta, law officer Tihar jail

Parole is granted to convicts on grounds of sickness in the family, perform funeral rite, attend marriage, sorting out property dispute, construct a house or repair a damaged house, education or any other sufficient reasons.

It is granted by the governor, Delhi, and the high court if the appeal is pending there.
The relief allows a convict to leave the prison for a period of maximum one month on condition that he would behave appropriately after release and report back to the prison on termination of the parole period.

At present 12,000 inmates are lodged in Tihar jail and 25-30 percent of them are convicts.

“Inmates in Tihar are relatively young and the average age being 25-40. We are very happy that some of them are getting married on parole. It helps them in rehabilitation after serving their terms,” Gupta said.

In 2010, Tihar also introduced a furlough provision which an inmate can avail thrice in a year.

“But again convicts with a good track record and having good conduct are allowed furlough. The director general (prisons) has the discretionary power to allow furlough to a convict or deny,” said a jail official.

Prison officials said that many women marry convicts with an eye on his property.

“Once married prisoners can also seek furlough,” an official added.

Another jail official pointed out how the love story of a convict touched the hearts of the two judges of the Supreme Court so much that they granted parole to him to marry his fianacee in June this year.

Justice H.L.Gokhale and Justice Ranjana Prakash granted four weeks parole to life convict Mahesh Sharma to get him married to his beloved Sonia on June 25 in Delhi.

Sharma’s counsel pleaded that families of both the bride and bridegroom would face great embarrassment if he could not make it for the marriage ceremony fixed for June 25.

Sharma got engaged to his fiancée on April 14 while he was on a month long parole from April 4 to May 4. Their marriage was fixed on May 20 but his application for extension of parole was rejected by Delhi government.

It was then the marriage was rescheduled for June 25.

Sharma was arrested on the charges of murder by Delhi police in May 15, 2004 and was convicted and awarded life term November 3, 2009 by the trial court and was upheld by the high court and the apex court.

According to jail norms wives are allowed to meet their husbands twice a week which is a normal procedure.

Last year Punjab government announced that they may allow select male inmates to have sex with their partners in a designated area of the jail.

 If the proposal, which is part of the jails reforms programme, is allowed then Punjab will become the first state to allow sex in prison.

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Jailhouse rock at India's largest prison

Taj Mohammad, a 28-year-old inmate of Tihar Jail here, is serving life term for murder. His fellow inmates recall the time when he tried to commit suicide by banging his head against the iron bars of his cell. Today, they stare in amazement as he belts out songs on his keyboard as part of one of the 10 bands in the jail - a testimony to the success of reforms at India's largest prison.

"Music brings positive energy. And because it can reform the inmates' lives in a big way, we have recently provided bongo, drums, guitar, keyboards and other instruments to them," Neeraj Kumar, director general (prisons) in Delhi, said.

"Music motivates the inmates and uplifts their spirit. We will do a study on the impact of music on them," he added.

Recently, a music room was also set up in every prison in the premises. There are 10 sub-jails inside Tihar Jail, which houses around 10,500 prisoners.

The authorities have also roped in professional music teachers.

Deputy Inspector General R.N. Sharma said: "Ten music experts come to teach the inmates, one for each sub-jail".

All this has struck a chord with the inmates. Not only have they shown keen interest in learning music but have also formed bands - belting out everything from devotional numbers to Bollywood chartbusters.

Pathi Ram, a prison cook, has formed a band called the Cook Band, where he plays the tabla.

Describing a typical day, Ram said his band members - dressed in their striped jail uniforms - play religious songs set to Bollywood tunes.

"The other day we had 20 spectators who were listening to our music," Ram said.

Taj Mohammad said he had come a long way from his days of despair and depression.

"During our recreational time, when I come down to the music room, the whole environment reminds me of some memories that either make me smile or a bit teary. I always wanted to be a choreographer and musician, but life brought me here instead," he said with a faint smile.

"Music changes our thinking process. It takes away our worries and makes us feel like we are not very far away from home. Every day it instils hope in us that we will get justice," said Amit Saxena, 32, an undertrial who has been in jail for the last seven years on a murder charge. He is the music director of a band called Flying Souls.

The music teachers, on their part, are highly appreciative of their pupils.

"Many inmates don't know the technicalities of music, but they have picked up in a very short time. They play instruments wholeheartedly. It is a great experience for me too," said Dinesh Joshi, a music teacher.

There are around 300 inmates learning various instruments.

"They come in groups of five or six for the classes," Tihar Jail spokesperson Sunil Gupta said.

Bal Kishan, who has been in jail for the last 10 years, said: "They (music teachers) visit us thrice a week to teach different musical instruments. The music room is like a fresh breath of life for us".

Dreams no bar for kids at prison play school

 "I want to be a doctor," murmured five-year-old Guddu Kumari, flashing a shy smile and then hurrying to the rest of her classmates resting in the L-shaped play school at the women's prison in Tihar Jail, India's largest prison.

Like Kumari, the other 29 kids at her play school, The Creche, cherish dreams of becoming doctors, journalists, police officers or engineers some day.

Beautifully decorated with colourful posters of cartoon characters on the walls and toys all over, the play school and a nursery at Jail No. 6 is spread out into two huge L-shaped rooms. It houses 39 children, including 10 who are less than two years old.

"The Creche and the nursery are run with the assistance of NGO India Vision Foundation. There are proper recreational and educational facilities for the children," Deputy Inspector General R.N. Sharma said.

The children below two years of age are taken care of by NGO workers and are provided with food, medicine and clothes. "They are kept in a cosy environment, away from the cells," he said.

Children over two-and-a-half years are given education at The Creche. "It is a play school. We provide all the facilities," said counsellor Ruby Gupta.

Looking smart in their uniforms - white and pink checked shirt and shorts, white for boys and pink for girls - the children sit on benches and are taught subjects like Maths, Hindi and English on a white board.

"They are taught while they play," Gupta said.

From 8 a.m. till 5.30 p.m., the children are involved in various activities, which include painting and dance classes. They also watch cartoon films on TV in the play school.

"They are provided breakfast, lunch and light snacks during evening," Sharma said.

Ruby Gupta and Tulika Kiran, counsellors-cum-teachers from the NGO, take care of the children. Two educated undertrial inmates also take a few classes.

Motherly affection sometimes attracts jailed DMK MP Kanimozhi to the children. "She spends some time teaching these kids when she is not away in the court," Kiran said.

The kids are also taken for educational exposure trips across the city.

"They have been taken to various monuments, embassies and gardens in Delhi. These regular visits make them feel they are not prisoners by default and they enjoy themselves," Gupta said.

Education not just helps them aspire to make it big some day but also comes as a big relief to their mothers who want their children to lead fulfilled lives.

"I am happy that my daughter is studying. Seeing your child grow in the jail is the worst thing for any mother, but I know better things are in store for her," said Dolly Agarwal, an undertrial in a murder case.

For the last 16 years, The Creche has served the purpose of imparting education and moral values to kids in the jail that houses 12,000 prisoners, almost twice its capacity, making it one of the largest prison complexes in the world.

"When the child is more than six years, with the consent of their mother prisoner, he or she is admitted in a boarding school with assistance of some NGOs," Sharma said.

So far, 193 kids, who have spent their early days at The Creche, are now pursuing higher studies at various schools and colleges across the country.

"A few of them are doing management studies, journalism and engineering," India Vision Foundation organising secretary Monica Dhawan said.

A few are also preparing for Indian Administrative Services (IAS) examinations conducted by the Union Public Service Commission (UPSC).

According to the National Crime Records Bureau (NCRB), 484 children of convict women prisoners and 1,639 children of undertrial prisoners were lodged in various jails across the country in 2008.