Status of female prisoners in India

1. “A STUDY OF THE DEPLORABLE
CONDITION OF WOMEN PRISONERS IN
INDIA”
Presented By:
Shikha srivastava
Radhika sahai
B.A.LL.B. (8th Semester)
Invertis University, Bareilly
E- Mail Id: srivastavashikha.95@gmail.com
Radhika.sahai1112@gmail.com
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2. INTRODUCTION
 “Prisons are built with stones of Law”.
- William Black
 The Constitution of India guarantees equality to women and
various laws have been enacted to protect and empower women.
While some women have definitely benefited from these
provisions, for the majority of poor and illiterate women life still
remains a struggle in a very traditional, patriarchal and feudal
society.
 “In our world prisons are still laboratories of torture, warehouses
in which human commodities are sadistically kept and where
spectrums of inmates range from drift-wood juveniles to heroic
dissenters”.
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3.  Across the country 10,687 women are in under trials waiting day
after day, month after month and year after year for their cases to
be heard and for bail to be granted in the prisons.
 469 women convicts with their 556 children and 1,196 under trials
with their 1,314 children are in Prisons across the country.
 With 66 per cent of the inmates being illiterate, they are unaware
that free legal aid is available to them on the jail premises itself.
 The Supreme Court has also directed the Centre and all State
Governments to prevent unreasonable delay in disposal of criminal
cases in order to make the administration of criminal justice
effective, vibrant and meaningful.
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4.  Their small numbers – they constitute 4.3% of the national
prison population – ensure they remain low on policy priority
and hence the coverage of facilities such as sanitary napkins,
pre- and post-natal care for pregnant mothers is patchy. In
many jails, for instance, pieces of cloth are used in place of
pads.
 The Article 5 of the UDHR, states that “no one shall be
subjected to torture or to cruel, inhuman or degrading
treatment or punishment”.
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5. RESEARCH OBJECTIVE
The paper aims to study the following objectives:
1) To study the present status of female prisoners in
India;
2) To study the effect on the children of female convicts
and under trials.
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6. RESEARCH METHODOLOGY
Data collection technique: Secondary Data
Source of data collection : National Crime Records
Bureau (NCRB)
Time period : 2011 to 2015
Analysis tools: Graphical / tabular analysis as well as
percentage analysis.
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7. RESEARCH FINDINGS
 At the end of 2015, 17,834 women were in Indian prisons,
according to data from the National Crime Records Bureau
(NCRB).
 Of these, 66% were under trials, 32% were convicts and 1% were
detenues and other prisoners, the data show.
 Uttar Pradesh (1,033) had the highest number of women prisoners
(1,033), followed by Madhya Pradesh (603) and Punjab (543).
 The total number of females under trial in the year 2015 were
4.1%.
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8. 8
 Majority of women were arrested without being made aware of
the grounds of their arrest (68.02%) although some women stated
that they were aware of the same (31.98%).
 86.11% women stated that there was a separate female wing in the
prison and 4.44% women stated that there was no separate wing
for women.
 80.56% women stated that there was no separate wing for
convicted and non convicted the prison while 7.22% women stated
that there was such separate wing.

9.  Only 3.89% women stated that there was separate wing for
adolescents and old prisoners. Majority of women at 93.89%
stated that there was no separate wing for adolescents and
rest of the prisoners.
 Only 4.44% women agreed that there was a separate wing
while 85% women stated that there was no separate wing for
habitual offenders and rest of the prisoners.
 63.89% women stated that the cells were overcrowded but
32.80% women stated that these cells were not overcrowded.
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10.  94.44% women stated that there were no education programs
conducted and if there were, they were not aware of them and
5.56% women stated that there were such programs and they had
enrolled for such programme(s) as well. 91.71% women stated
that there were no vocational training programs conducted and if
there were, they were not aware of them. Only 2.21% women were
aware of such programmes being conducted.
 88.78% women stated that there were no modes of entertainment
in the prison and 5.56% women stated there were modes of
entertainment.
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11.  56.67% women stated that some illnesses caused due to the
environment inside the prison but 31.67% women did not agree
and said that there were various other factors that contributed
to mental problems and disorders.
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12. 12
Table 1.1State wise distribution of different female prison inmates in central
jail in %
State 2015 2014 2013 2012 2011
Convict Undertri
al
Convic
t
Undertr
ial
Convict Undertri
al
Convict Undertri
al
Convi
ct
Undertri
al
Bihar 1.75 3.24 1.74 3.27 2.05 3.92 1.77 3.27 1.09 3.14
Chattisgarh 5.09 9.32 4.77 8.8 4.75 9.41 4.15 9.01 4.43 7.82
Madhya
Pradesh
2.95 4.19 2.68 4.35 2.78 4.74 2.73 5.15 25.6 5.18
Maharashtra 5.09 2.84 5.36 3.09 5.94 2.16 5.46 1.38 5.74 1.95
Uttar
Pradesh
0.26 3.16 0.28 3.9 0.37 1.87 0.2 3.64 2.3 3.82
New Delhi 0 0 0 0 0 0 0 0 0 0
Rajasthan 1.45 2.45 1.14 2.35 0 2.75 0 2.56 0.13 3.1
West Bengal 4.99 4.65 4.29 3.8 3.65 3.77 4.85 4.24 3.54 3.02
Punjab 4.6 3.88 4.1 3.97 4.36 4.1 3.8 4.83 4.6 5.16
Jharkhand 3.69 4.76 3.85 4.59 3.86 4.76 3.48 4.75 3.16 5

13. 13
Table 1.2.State wise distribution of female under trial in jail in context of their
age group (%)
S. No. State 30-50 Years
2015 2014 2013 2012 2011
1 Bihar 3.27 4.44 4.18 3.65 4.33
2 Chhattisgarh 7.19 6.64 7.07 6.84 6.07
3 Madhya
Pradesh
4.66 4.17 4.12 5.39 4.86
4 Maharashtra 5.35 6.61 6.89 6.28 6.17
5 Uttar Pradesh 4.58 4.03 4.68 5.05 4.82
6 New Delhi 5.89 7.23 7.38 7.94 7.33
7 Rajasthan 4.02 3.91 3.65 4.03 4.56
8 West Bengal 7.44 8.08 6.35 6.41 6.06
9 Haryana 4.35 4.96 5 4.65 5.15
10 Jharkhand 6.24 6.19 5.45 4.61 5.15

14. 14
States/UTs 2011 2012 2013 2014 2015
Bihar 1.7 2 2.3 2.1 2.7
Chhatisgarh 5 5 5.7 6.2 7
Haryana 5.7 6 6.6 6.4 5.6
Madhya Pradesh 9 10 9.6 9.6 10.5
Maharashtra 9.3 9 8.2 7.4 7
Punjab 9 8 9 10 9.4
Rajasthan 4.6 5 4.1 4.3 3.7
Uttar Pradesh 18 17 18 18 18
West Bengal 7.3 8 7 6 6.3
Delhi 2.3 2.5 2.6 3.12 3
Total 4959 5013 5345 5403 5740
Table 1.3.Rate of total female conviction from 2011 to 2015

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Table 1.4.Status of female prisoners with children
Rate of Convict Women Prisoners with Children Rate of Under- trial Women Prisoners with
Children
State/UT 2011 2012 2013 2014 2015 2011 2012 2013 2014 2015
BIHAR 2.3 1.2 2 0.5 3.5 10.2 9.5 10 11 10.6
CHHATTISG
ARH
8.60 9 9.3 0.5 6.15 4.16 5.1 5 1 5.2
HARYANA 3.40 7 7 5.4 4.5 3 3.4 3.2 2.2 2
MADHYA
PRADESH
10.20 13 12 9.7 13 8.15 7.2 5 4.5 8.1
MAHARASH
TRA
3.00 4 4 5.4 4.8 8.7 7.5 8 6.7 5.6
RAJASTHAN 4.20 1.2 1.7 4.3 4 3.6 3.3 3 3.4 2.8
UTTAR
PRADESH
31.30 27 19 16 19.25 25.5 25 24.7 26 25.3
WEST
BENGAL
9.00 9 15 29 16 7 10 10.3 11 8.6
DELHI 0 1.2 0.8 0.5 0.5 3.5 3 3.6 2.8 2.5
TOTAL
(ALL-INDIA)
383 344 342 390 374 1177 1226 1252 1172 1149

16. 16
372
206
141 135
114
422
257
175 175
136
0
50
100
150
200
250
300
350
400
450
Uttar
Pradesh
West Bengal Madhya
Pradesh
Bihar Jharkhand
Women prisoners
with children
Children
Figure 1.1.Children living with women prisoners in Indian jail: Top five states

17. 17
43
55 55
51 51
0
10
20
30
40
50
60
Figure 1.2.Total deaths of the female prisoners in jail from 2011 to 2015
2011 2012 2013 2014 2015

18. 18
Figure 1.3.Natural deaths of the female prisoners from 2011 to 2015 in
major states
0
2
4
6
8
10
12
2011
2012
2013
2014
2015

19. CONCLUSION
 At the end the paper attempts to draw a conclusion about the efficacy of the
India Judicial system in providing justice which seems to be stagnant as the
number of under trials is increasing every consecutive year. Along with the
female prisoners their children are also compelled to lead life of convicts
which adversely affects their mental status as well as curbs the
development of the nation.
 Prisoners’ fundamental rights are infringed at every second. They are not
provided proper vocational training and other facilities such as sanitary
napkins, pre- and post-natal care for pregnant mothers.
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20. RECOMMENDATIONS
 Classification system of prisoners.
 Health reform policies: medical screening at the time of prison entry;
special medical facilities to the pregnant women and children, training
to the prison staff.
 Mental health care: counselling, psychosocial support and medication.
 Offer assessment, professional advice, and counseling by an
appropriately qualified medical officer, or health or other worker to the
victims of sexual abuse.
 Education and vocational training within prisons.
 facilitate as much contact as possible between the woman and her
family.
 Programme of sensitization on legal issues.
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21. REFERENCES
 National Crime Record Bureau (NCRB)
 https://www.hindustantimes.com
 State of Maharashtra v Prabhakar Pandurang Sanzgir, AIR
1966 SC 424
 Sheela Basre v. State of Maharashtra, AIR 1983 SC 378
 RD Upadhyay v State ofAP, AIR 2006 SC 1946
 https://www.omicsonline.org/
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22. THANK YOU !
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