The constitution of India ensures fundamental rights to all its citizens. All citizens of India have access to these rights to get justice for themselves.
Every citizen of a country claims the same human rights. This is also applicable for a person who is detained or confined in jail, and the rights of the prisoner can’t be discarded; their basic need to be fulfilled inside the prison.
Right to health, life with dignity, and education are fundamental rights that should not be compromised. Women’s right to health consists not only of general health but also the sexual and reproductive health. Menstruation is an important bodily process in adolescent girls and women. It occurs in every month throughout their reproductive age.
It is not a sickness, but it can result in serious health issues if not properly managed hygienically. Menstruating women face many difficulties while going through their period around the world. The condition is worse inside Indian prisons.
Statistics Of Women Prisoners In India
According to prison statistics report in 2019 by NCRB, women constitute 4.16% of the total prisoners numbering 19,913. A majority of women inmates are in the age group of 18-50 years.
Out of about 1,300 prisons, there are only 31 jails meant for women housing 3,652 prisoners. A majority of women inmates are housed in women’s enclosures of general prisons. There are 16,261 women prisoners in regular jails.
Rules, Laws And Guidelines For Securing Prisoner’s Rights
The Supreme Court has affirmed the basic rights of prisoners, “There could be several factors that lead a prisoner to commit a crime, but a prisoner is required to be treated as a human being entitled to all the basic human rights, human dignity and human sympathy.” The rights related to prisoners experienced a drastic change during the past decades. Many laws, rules, and guidelines have been formulated from time to time to recognize prisoner’s right by the order and decision of the judiciary system.
Committees like Mulla Committee (1980-83), National Expert Committee on Women Prisoners, 1987 (Justice Krishna Iyer Committee) were formed to study and suggest measures to improve the prisoners’ condition. Article 3 of the Universal Declaration of Human Rights states that “every individual has the right to life, freedom and personal security“. The Bangkok Rules 2011 require authorities to ensure facilities and materials to meet gender-specific needs, including sanitary towels free of charge, and a regular supply of water.
Under the Ministry of Home Affairs, the Model Prison Manual 2016 emphasizes special provisions for women prisoners. Some of the important guidelines of this manual are as follows:
- To ensure the safety of women prisoners, there should be at least one women jail in each state.
- No male prisoner shall be permitted to enter the female ward unless he has a legitimate duty.
- All staff assigned to work with women prisoners shall receive training relating to women’s gender-specific needs and human rights.
- Daily visit and night inspection round should be done by women officers.
- Women prisoners who are sentenced for less than six months should be issued three sets of clothing, two towels, three sets of customary undergarments and for above six months the number will be 5, 3, 5.
- There is provision for annual comprehensive and monthly regular medical check-up by a lady medical officer for testing and treatment needed by the inmate.
- It stipulated that sterilized sanitary pads should be issued to women prisoners with no maximum limit. However, ground reality differs vastly.
- Information about preventive measures for HIV, STDs and other gender-specific diseases must be provided.
Challenges
Women prisoners are significantly less in number in comparison to their male counterparts. But due to the improper implementation of MPM-2016, they have to face many challenges in prisons.
Accommodation: Overcrowding is one of the key problems. The national average occupancy was reported at 114% in 2015. The effect is more pronounced in women’s case, as they are restricted to a smaller enclosure without proper infrastructure. Overcrowding can worsen hygiene conditions and health problems with even minor infections spreading quickly.
Health: In many cases, female wards and lady doctors, especially gynaecologists, in hospitals, are not available. As a result, prisoners hesitate to comfortably discuss their reproductive and menstrual health issues with male doctors. Awareness programmes on menstrual hygiene seldom take place.
Sanitation & Hygiene: Though the prison manual prescribes to ensure one toilet and one bathing cubicle for every ten prisoners and 135 litres water per inmate, this is rarely seen. Without proper sanitation infrastructures like hygienic toilets, sufficient running water, safe menstrual products, dustbin inside the toilet and pad disposal facility, etc., they cannot properly maintain their personal/menstrual hygiene.
Lack of female staff: Due to the lack of required no. of female staff, including guards, officers, doctors, nurses and counsellors etc., male staff are usually responsible for female inmates. As of 2015, the total number of women jail officers/staff was 4,391, which is only 8.28% of the total. This is highly undesirable since women need gender-specific services, especially involving their health (physical, mental, sexual and reproductive health) which should be provided by female staff.
Taboos/stigma: They could not ask their father or brother who is visiting them for a sanitary pad, as they are not free to talk about menstruation. Either out of belief or instruction, they have to wash their sanitary pads, collect it throughout the day and night and to throw it in the common dustbins the next day for disposal. This pollutes not only the environment of the room but also the prison. This is also hazardous for the health of the garbage collector.
Safety & Security: They reside in unhygienic conditions. They face many challenges in managing their period smoothly. Due to the lack of hygienic infrastructure and privacy, they are more vulnerable to sexual violence, infections, losing dignity or suffering from psychological pressure.
Recommendations:
The government had already realized the importance of women prisoners’ need and enacted the MPM, 2016, a self-sufficient document itself. What is required is all states should adopt it with a proper implementation framework and strict monitoring network to fill some blanks left.
- A similar standard should be followed at every level (international, national, state).
- The basic minimum standard should be followed in the prisons to help the women prisoners manage their periods hygienically and with dignity. Train women prisoners to produce low-cost sanitary napkins for use, as well as for sale outside. If needed, links may be established with NGOs to distribute sanitary napkins in jails free of cost.
- Contraception should be available in prison, taking into account that contraceptive pills are used to prevent pregnancy and treat other gender-specific conditions, such as painful menstruation.
- There should be separate toilets for women in a private and safe place. Required infrastructure like dustbin & light in the toilet, needed number of sanitary pads, sufficient water for hygienic management of periods, and space with sunlight to dry their cloth should be ensured.
- There should be a sanitary pad dispensary unit. Eco-friendly pad disposal facilities and hygienic maintenance material like soap and hand wash should be provided.
- There should be a special grievance cell in prisons where women prisoners can bring their health and safety-related issues. A lady officer should be in charge of that cell. As per the National Prison Manual, if a case of sexual abuse or other forms of violence faced by a prisoner is brought to light, she must be guided to seek legal recourse and lodge a complaint.
- Prisoners should be educated on the importance of personal hygiene, MHM, and consequences of unhygienic practices, safe pad disposal management etc.
Violation of any rights of the prisoner is also the violation of fundamental rights. The Indian judicial system should function so that even the prisoners feel safe, secure and righteous. They should feel that the system of governance is fair and just.
As long as people trust the judicial system, they will feel that their grievances are addressed. It is not only a matter of law or human rights, but more than that. It is a matter of moral responsibility, empathy and humanity, which is to be shown by the policymakers, implementers, service providers towards the needs and issues of the prisoners.
Involvement of civil society organizations can help to bring some changes. We have to ensure that the prisoners are not devoid of their basic minimum needs, including MHM infrastructure. Protecting the prisoners’ dignity and life without any rejection or discrimination is the basis of the justice system in India.