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Can You Guess Who Makes Up 85% Of Prisoners In Indian Jails?

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A lot has been said about police brutality in India, the criminal justice system, and preventive detention. However, one issue which warrants notice and more coverage is the plight of under-trial prisoners, and the social composition of these prisoners.

Out of the many languishing in prison while under-trial, a majority are from minority communities.

Under-Trials And The Indian Justice System

Among the total number of prisoners in India, around 70% are currently under-trial, ie still in court, according to the National Crime Record Bureau’s ‘Prison Statistics India 2019’. Only 14 countries in the world have a higher number of under-trial prisoners.

Out of the many languishing in prison while under-trial, a majority are from minority communities. Around 64% are Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC). Another 21.5% of undertrial prisoners are Muslim. This means that more than 85% of those in jail who have not been adequately represented and protected by the justice system are oppressed minorities.

The very recent case of Munawar Faruqui is one among many examples of bias and hatred fueled attacks on minorities by the state machinery.

These statistics bring out two important aspects that seemingly govern the way justice operates in India, regardless of who is in power at the Centre. These aspects are the concept of social control and privilege.

The Role Of Privilege

Privilege (i.e a lack thereof) here is also further divided into two aspects. The first being that many from marginalised communities are not able to afford the high costs of litigation, post bail and have to settle for an already over-burdened and lower quality of legal aid. The second aspect of privilege playing a role in who is languishing in India’s jails comes from the discriminatory nature of the justice system and state machinery itself.

Over-policing, inherent caste-discrimination, religious discrimination, and so on are some of the reasons why these communities face the brunt of state machinery. The ruling majority, in both a political and social sense, that is the BJP and the Upper-Caste Hindu, often, do not even face the justice system.

Whether one takes into account the current Munawar Faruqui case in Indore, where the comedian who was attacked on the suspicion that he might make an ‘anti-Hindu’ joke in the future is in jail, while his attackers, associated with the BJP are scot-free.

Historically, there can be many examples that can be examined to show how privilege plays a role in who is arrested. Most  Ranvir Sena, an upper-caste militia active in Bihar in the 1990s known for several massacres like Laxmanpur Bathe, are still active even after a ban in 1995, and most leaders are out on bail or not arrested. The BJP Murli Manohar Joshi and former PM Chandra Shekhar have even been complicit in their massacre of Dalits in Bihar.

Social Control And The Hindu Rashtra

Social control is a sociological concept, defined simply as control of the society over individuals. In a positive simplified sense, it is the mechanisms that make sure society functions and punishes, either formally through legal penalties or informally through shame, ridicule, etc those who are seen to be deviants from social norms.

In the context of India, I use the word social control, when I talk about the incarceration of minorities, to shed light on the ugly mutation Indian society has been going through for quite some time. A society that is dominated by the will of the Upper-caste Hindu male, ie the ‘Hindu Rashtra (Hindu nation)’ that the BJP is trying to sell.

Within a society like this, any minority who does not tamely accept subjugation could be seen as a deviant and is punished both legally and informally. Legally, by what has been discussed above, and informally, through the atrocities perpetrated on Dalits, Bahujan, Muslims, and women by the UC Hindu. 

To conclude, this incarceration of minorities at an excessive scale has always existed in India, as caste and majoritarian privilege have always existed in India. It has, however, never been as explicit as it is during the BJP regime; when anyone who protests or demands their rights as a minority is punished through the state machinery, through lengthy under-trial periods, preventive detention, or continued harassment from the police.’

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An ambassador and trained facilitator under Eco Femme (a social enterprise working towards menstrual health in south India), Sanjina is also an active member of the MHM Collective- India and Menstrual Health Alliance- India. She has conducted Menstrual Health sessions in multiple government schools adopted by Rotary District 3240 as part of their WinS project in rural Bengal. She has also delivered training of trainers on SRHR, gender, sexuality and Menstruation for Tomorrow’s Foundation, Vikramshila Education Resource Society, Nirdhan trust and Micro Finance, Tollygunj Women In Need, Paint It Red in Kolkata.

Now as an MH Fellow with YKA, she’s expanding her impressive scope of work further by launching a campaign to facilitate the process of ensuring better menstrual health and SRH services for women residing in correctional homes in West Bengal. The campaign will entail an independent study to take stalk of the present conditions of MHM in correctional homes across the state and use its findings to build public support and political will to take the necessary action.

Saurabh has been associated with YKA as a user and has consistently been writing on the issue MHM and its intersectionality with other issues in the society. Now as an MHM Fellow with YKA, he’s launched the Right to Period campaign, which aims to ensure proper execution of MHM guidelines in Delhi’s schools.

The long-term aim of the campaign is to develop an open culture where menstruation is not treated as a taboo. The campaign also seeks to hold the schools accountable for their responsibilities as an important component in the implementation of MHM policies by making adequate sanitation infrastructure and knowledge of MHM available in school premises.

Read more about his campaign.

Harshita is a psychologist and works to support people with mental health issues, particularly adolescents who are survivors of violence. Associated with the Azadi Foundation in UP, Harshita became an MHM Fellow with YKA, with the aim of promoting better menstrual health.

Her campaign #MeriMarzi aims to promote menstrual health and wellness, hygiene and facilities for female sex workers in UP. She says, “Knowledge about natural body processes is a very basic human right. And for individuals whose occupation is providing sexual services, it becomes even more important.”

Meri Marzi aims to ensure sensitised, non-discriminatory health workers for the needs of female sex workers in the Suraksha Clinics under the UPSACS (Uttar Pradesh State AIDS Control Society) program by creating more dialogues and garnering public support for the cause of sex workers’ menstrual rights. The campaign will also ensure interventions with sex workers to clear misconceptions around overall hygiene management to ensure that results flow both ways.

Read more about her campaign.

MH Fellow Sabna comes with significant experience working with a range of development issues. A co-founder of Project Sakhi Saheli, which aims to combat period poverty and break menstrual taboos, Sabna has, in the past, worked on the issue of menstruation in urban slums of Delhi with women and adolescent girls. She and her team also released MenstraBook, with menstrastories and organised Menstra Tlk in the Delhi School of Social Work to create more conversations on menstruation.

With YKA MHM Fellow Vineet, Sabna launched Menstratalk, a campaign that aims to put an end to period poverty and smash menstrual taboos in society. As a start, the campaign aims to begin conversations on menstrual health with five hundred adolescents and youth in Delhi through offline platforms, and through this community mobilise support to create Period Friendly Institutions out of educational institutes in the city.

Read more about her campaign. 

A student from Delhi School of Social work, Vineet is a part of Project Sakhi Saheli, an initiative by the students of Delhi school of Social Work to create awareness on Menstrual Health and combat Period Poverty. Along with MHM Action Fellow Sabna, Vineet launched Menstratalk, a campaign that aims to put an end to period poverty and smash menstrual taboos in society.

As a start, the campaign aims to begin conversations on menstrual health with five hundred adolescents and youth in Delhi through offline platforms, and through this community mobilise support to create Period Friendly Institutions out of educational institutes in the city.

Find out more about the campaign here.

A native of Bhagalpur district – Bihar, Shalini Jha believes in equal rights for all genders and wants to work for a gender-equal and just society. In the past she’s had a year-long association as a community leader with Haiyya: Organise for Action’s Health Over Stigma campaign. She’s pursuing a Master’s in Literature with Ambedkar University, Delhi and as an MHM Fellow with YKA, recently launched ‘Project अल्हड़ (Alharh)’.

She says, “Bihar is ranked the lowest in India’s SDG Index 2019 for India. Hygienic and comfortable menstruation is a basic human right and sustainable development cannot be ensured if menstruators are deprived of their basic rights.” Project अल्हड़ (Alharh) aims to create a robust sensitised community in Bhagalpur to collectively spread awareness, break the taboo, debunk myths and initiate fearless conversations around menstruation. The campaign aims to reach at least 6000 adolescent girls from government and private schools in Baghalpur district in 2020.

Read more about the campaign here.

A psychologist and co-founder of a mental health NGO called Customize Cognition, Ritika forayed into the space of menstrual health and hygiene, sexual and reproductive healthcare and rights and gender equality as an MHM Fellow with YKA. She says, “The experience of working on MHM/SRHR and gender equality has been an enriching and eye-opening experience. I have learned what’s beneath the surface of the issue, be it awareness, lack of resources or disregard for trans men, who also menstruate.”

The Transmen-ses campaign aims to tackle the issue of silence and disregard for trans men’s menstruation needs, by mobilising gender sensitive health professionals and gender neutral restrooms in Lucknow.

Read more about the campaign here.

A Computer Science engineer by education, Nitisha started her career in the corporate sector, before realising she wanted to work in the development and social justice space. Since then, she has worked with Teach For India and Care India and is from the founding batch of Indian School of Development Management (ISDM), a one of its kind organisation creating leaders for the development sector through its experiential learning post graduate program.

As a Youth Ki Awaaz Menstrual Health Fellow, Nitisha has started Let’s Talk Period, a campaign to mobilise young people to switch to sustainable period products. She says, “80 lakh women in Delhi use non-biodegradable sanitary products, generate 3000 tonnes of menstrual waste, that takes 500-800 years to decompose; which in turn contributes to the health issues of all menstruators, increased burden of waste management on the city and harmful living environment for all citizens.

Let’s Talk Period aims to change this by

Find out more about her campaign here.

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A former Assistant Secretary with the Ministry of Women and Child Development in West Bengal for three months, Lakshmi Bhavya has been championing the cause of menstrual hygiene in her district. By associating herself with the Lalana Campaign, a holistic menstrual hygiene awareness campaign which is conducted by the Anahat NGO, Lakshmi has been slowly breaking taboos when it comes to periods and menstrual hygiene.

A Gender Rights Activist working with the tribal and marginalized communities in india, Srilekha is a PhD scholar working on understanding body and sexuality among tribal girls, to fill the gaps in research around indigenous women and their stories. Srilekha has worked extensively at the grassroots level with community based organisations, through several advocacy initiatives around Gender, Mental Health, Menstrual Hygiene and Sexual and Reproductive Health Rights (SRHR) for the indigenous in Jharkhand, over the last 6 years.

Srilekha has also contributed to sustainable livelihood projects and legal aid programs for survivors of sex trafficking. She has been conducting research based programs on maternal health, mental health, gender based violence, sex and sexuality. Her interest lies in conducting workshops for young people on life skills, feminism, gender and sexuality, trauma, resilience and interpersonal relationships.

A Guwahati-based college student pursuing her Masters in Tata Institute of Social Sciences, Bidisha started the #BleedwithDignity campaign on the technology platform, demanding that the Government of Assam install
biodegradable sanitary pad vending machines in all government schools across the state. Her petition on has already gathered support from over 90000 people and continues to grow.

Bidisha was selected in’s flagship program ‘She Creates Change’ having run successful online advocacy
campaigns, which were widely recognised. Through the #BleedwithDignity campaign; she organised and celebrated World Menstrual Hygiene Day, 2019 in Guwahati, Assam by hosting a wall mural by collaborating with local organisations. The initiative was widely covered by national and local media, and the mural was later inaugurated by the event’s chief guest Commissioner of Guwahati Municipal Corporation (GMC) Debeswar Malakar, IAS.

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