JUSTICE AND PEACE

THE JAIL DEPARTMENT.

JAILS.

Location of jails.

THERE IS ONLY A DISTRICT PRISON AT KOLHAPUR. As such prisoners convicted and sentenced for a term exceeding three months and upto two years are confined in this prison. Casual prisoners sentenced and convicted over two years and above from the district are transferred to Yeravda Central Prison. Habitual prisoners, however, are transferred to Nasik Road Central Prison. Short-term prisoners with sentences ranging from one week to a month are accommodated in the taluka subsidiary jails which are about eleven and are located at the following places:-

These sub-jails are classified as Class III sub-jails and the administration of these sub-jails is in the hands of the personnel from the Revenue Department.

The sub-jail at Kolhapur City is a IInd Class sub-jail where a departmental Jailor is working to assist the Superintendent of a district jail at Kolhapur. The sub-jail at Ichalkaranji is also a IInd class head quarter sub-jail where also a departmental Jailor is working under the supervision of a Superintendent of district jail at Kolhapur. The Jailors at Kolhapur and Ichalkaranji are assisted by a clerk and jail guards from the department. The number of guarding establishment is (unarmed) 20 and (armed) 20 at Kolhapur Sub-Jail, and Ichalkaranji Sub-Jail is only two unarmed guards, outside guarding is done by the Police Department.

The prison at Kolhapur is classified as " District Prison" and is put in charge of a Superintendent. He is assisted by jailors, clerks, guards, Maharashtra Medical Service Class III Officer and a compounder. The total number of unarmed guards is 36 and that of armed guards 24. The police lock-ups in the district are under the direct control of Inspector-General of Police, Maharashtra State.

Organisation.

The Inspector-General of Prisons exercises, subject to the orders of the State Government general control and superintendence of all prisons and jails in the State. He is assisted by the Deputy Inspector-General, Personal Assistant, Superintendent of Jail Industries and other office staff members.

The Executive Officer in charge of a 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 (like Deputy Superintendent, Jailors, Subhedars, Jamadars etc. and ministerial subordinates like steward, head clerk, senior clerk etc.). In addition there are other subordinates like medical officer, compounders, nursing orderly etc., also at each one of the central and district prisons in the State. The Convict Officers i.e., prisoners promoted 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 utilized 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 Inspector-General is generally filled in by the appointment of an I. C S. or I. A. S. officer or by promotion from amongst those who are borne on the cadre of the Superintendent of Central Prison 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 a Central Prison is usually appointed to hold the post of Deputy Inspector-General after consulting the Public Service Commission. The Superintendents of District Prisons are appointed both by direct recruitment or by promotion from amongst Jailors Grade I in the proportion of 1:2. Jailors in Grade I are also appointed both by direct recruitment and by departmental promotion 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 be Honours graduates and they are recommended for appointment by the State Public Service Commission. A diploma in Sociology or Penology is an additional qualification. Appointments to Grade II are made by the Inspector-General by promotion of Jailors Grade II and appointments to Grade III are made by the Inspector-General fifty per cent. of which are by nomination from amongst candidates from the open market who are necessarily required to be graduates and the other fifty per cent. of the appointments are given to suitable departmental men who have passed the Matriculation Examination or its other 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 seniority are not available, appointment to the posts in higher grade are made by selection from amongst the members of the next lower ranks or by nomination of candidates with some high academic qualifications which are fixed for each post in high grade individually.

Appointment to the posts of junior clerk are made by nomination from amongst candidates who have passed the Matriculation 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 service 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 vocational 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, i.e. superintendents, jailors, stewards, clerks etc. The examination is conducted by the Public Service Commission, Bombay for Superintendents including Superintendent of Jail Industries, Jailors in Grades I and II and for members of the clerical cadre from Senior Clerk onwards and by the Inspector-General of Prisons for Jailors Grade III, Junior Clerks and technical staff.

A Physical Training Instructor 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 see that every jail officer and every jail subordinate gets an adequate opportunity to acquaint himself with the theoretical as well as practical sides of his duties, so that he can discharge them quite satisfactorily. The training programme has in fact gained an important place in the jail administration which is aiming at giving a material shape to the cherished idea of Mahatma Gandhi that " imprisonment should primarily aim at treating a prisoner's diseased mind since the crime which he commits is but a sign of a diseased mind, and also making him fit to go into society after his release to lead an honest life."

Guarding establishment.

A part of the guarding establishment is armed. This section serves as a reserve guard to reinforce the unarmed guards in the 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 prisoner or prisoners sentenced to death who are recognised in jail parlance as "condemned prisoners". The armed guards at main jails except Bombay jails belonged to the Jail Department and those at head-quarter and taluka sub-jails, were drafted for duty from the Police Department. This system of drafting armed guards from the Police Department for guarding duty at certain jails besides being uneconomical was the source of some avoidable complications particularly on occurrence of a mishap like escape of a prisoner. It has therefore been decided by Government to replace gradually the armed guards of Police Department by the armed guards of the Jail Department. The departmental armed guards are detailed at Kolhapur jail. The unarmed guards at all the Jails in the State except Taluka sub-jails belong to the Jail Department. One or more Jail guards are deputed at head quarter sub-jails from the nearest Central, District or Special Prisons. The period of deputation does not usually exceed three years without obtaining specific sanction of the Inspector-General for extension. They wear a prescribed uniform and carry with them while on duty only a baton which also is very sparingly used now-a-days.

Matron.

No post of Matron is sanctioned for the Kolhapur District Prison, Kolhapur city and Ichalkaranji sub-jails but the Superintendent is empowered to engage matron locally whenever a woman prisoner is admitted to jail. Services of the matron are dispensed with as soon as the woman prisoner is discharged from jail and an extra establishment statement is submitted in her (i.e. matron's) case to the Inspector-General for sanction under rule 79(7) of the Manual of Financial Powers.

Medical Officer.

No Medical staff is sanctioned for head quarter sub-jails but the Maharashtra Medical Service Officer 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 p.m. 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 in a week and also at such other times 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 after taking into consideration their status in society and also the nature of the offence. They are further classified as casuals, habituals, undertrials, and security or detenus. 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 upto three months are classed as short-termers, those sentenced to three months and above but upto two years are classified as medium termers and those sentenced to two years and above as long termers. The short termers are given deterrent treatment, while in the case of medium and long termers paramount importance is given to the reformation of the prisoner. Head quarter sub-jails are meant for the confinement of short-term prisoners and undertrial prisoners only.

Jail Reform.

A Jail Reforms Committee was appointed by Government in 1946 and in their report dated August 1947, the Committee made several recommendations to Government calculated to conduce to the reformation of the prisoner and Government accepted many of those recommendations. The rules for the treatment have been liberalized. The regulations regarding corporal punishment have been tightened and whipping as a jail punishment is now to be awarded in exceptional cases after obtaining prior sanction of Government. Punishments of penal diet and gunny clothing have been abolished. Rules about letters and interviews have also been liberalised.

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.

Canteen profits accruing from canteen transactions are utilized for purchase of articles like radios, books, accessories for staging plays and such articles to promote welfare of prisoners.

Remission of sentence.

Only long-termers come within the ambit of the rules on the subject. Prisoners confined in the main prison are granted liberal remissions which are classified as 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 be forfeited under any circumstances.

Work.

Work is arranged according to the prisoner's health. On admission the prisoner is examined by the medical officer who classifies him as fit for light, medium or hard labour. The Work Allotment Committee is constituted for Central 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. The following are the industries in which prisoners are engaged during the period of their imprisonment at the Kolhapur District Prison:-

(1) Hand loom weaving.

(2) Pitloom weaving.

(3) Laundry.

(4) Carpentry.

(5) Gardening.

Payment of Wages.

Long term and medium 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, provided 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 cases of serious illness or death of any member of his family or his nearest relative or for any other sufficient cause. The period spent on parole will not count as part of the sentence.

The prisoner who desires to be released on parole has to submit his application to the Jail Superintendent who has to endorse his remarks thereon and submit one copy thereof direct to Government and one copy to the Inspector-General of Prisons along with the normal roll of the prisoner concerned. 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 or otherwise 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 his sentence.

Board of Visitors.

A Board of Visitors composing officials and non-official visitors is appointed for every head quarter sub-jail and taluka sub-jails. There are ordinarily four non-official visitors for head quarter sub-jails out of which two are members of the Maharashtra Legislature is made for a period not exceeding three years. Persons who in the opinion of Government are interested in the 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 the Inspector-General of Prisons.

The Chairman of the Board of Visitors who is usually the District Magistrate of the District arranges for a weekly visit to the prison by one of the members of the Board. Quarterly meetings of the whole Board are convened. Non-official visitors are also allowed to visit prison on any day 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 on the result of 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. Other remarks made by the visitors and the quarterly committee of visitors are forwarded immediately after the end of the month by the Superintendent to the Inspector-General for necessary orders. Other remarks made by the visitors and the quarterly committee of visitors are forwarded immediately after the end of the month by the Superintendent to the Inspector-general with such remarks as he may desire to offer.

Jail Panchayat Committee.

In bigger jails a committee of prisoners is selected for each yard by the prisoners themselves, and the jailor and the Superintendent consult the committee which is known in jail parlance 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 appointed only at some of the main jails in the State. Regular annual examinations are held in the jail by the Deputy Educational Inspectors. As remuneration for conducting literacy classes in jail, an amount is received as grant-in-aid from the Education Department, 25 per cent. of which is given to the convict teachers as an encouragement after the quarterly examinations of the students (prisoners) are held and the rest of the amount is utilized towards the purchase of books, boards etc. required for the literacy classes. Films of educational and reformative values are also exhibited by the District Regional Publicity Officer concerned.

Sanitation and Hygiene.

Utmost precautions are taken in treating the prisoners suffering from various diseases. As such Jail Hospitals are equipped with all possible requirements, special types of diseases are attended to with due care. All possible measures are taken against the spread of epidemics. Prisoners suffering from skin and other contagious diseases are admitted into the hospital and are not allowed to mix freely with other prisoners.

Washing soda and hair oil are issued to prisoners once a week. In addition, those doing conservancy work and employed as cooks are issued soap once a week at Government cost.

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 adjustments, talks, singing of devotional songs, education classes and reading of news-papers 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-jails are employed in gardens attached to the Jail. Prison services include sweeping of barracks, kitchen, conservancy etc. and works like manufacture of narrow tape, cot tape etc.

The authorised accommodation and daily average population of Kolhapur District Prison and Kolhapur Sub-jail and Ichalkaranji Sub-jail in Kolhapur District for the year 1957 was as under:-

TOP