Easing overcrowded prisons in Covid times
Upneet Lalli
Deputy Director, Institute of Correctional Administration, Chandigarh.
Every system of governance has been stirred by the Covid-19 pandemic, which has so far affected more than one million people in 205 countries. This pandemic has brought into focus insurmountable challenges facing the health system throughout the world. The World Health Organisation (WHO) has warned that prisons around the world may expect a huge mortality rate from the coronavirus unless they take immediate action. The UN Human Rights chief, Michelle Bachelet, has urged the governments not to forget those behind the prison bars and to reduce overcrowding in jails to prevent catastrophic rates of Covid infection.
The global prison population stands around 10 million, with overcrowding in at least 121 countries and the threat being faced by this vulnerable confined population is unprecedented. Social distancing can’t be practised in overcrowded prisons, which are ticking time bombs. An outbreak in prison harms not only the inmates, but also the staff, families and the community. Hence, the urgency to reduce the overcrowding. Certainly, this is an unprecedented situation faced by correctional facilities.
The heightened visitor restriction has led to prison riots in Italy’s 27 prisons and in Colombo and Thailand. It has also led to mass escapes from the prisons. Prisoners of Washington and Texas have sued the correctional system for better access to soap and paper towels. The Federal Bureau of Prisons has ordered inmates to be confined to their cells for 14 days to lessen the spread. Dozens of prisoners were tested positive in the Cook County Jail of Chicago and prisons in the UK saw some of the first deaths due to this pandemic. The Philippines, which has the highest prison occupancy rate at 534 per cent, will really be in a precarious position if it does not release inmates and stop the new inflow. Countries ranging from Iran and Afghanistan to Indonesia have released thousands of prisoners in order to lower the risk of the Covid virus in prison.
The Supreme Court of India took cognisance of this health risk. In a suo moto writ petition titled, ‘Contagion of Covid-19 virus in prisons’, the apex court directed the states to take measures to prevent the outbreak of the novel coronavirus, and to achieve social distancing. It directed the states to respond to this challenge and reduce the prison population of overcrowded jails.
As per the Prison Statistics 2018, the total prison population is 46,66,084, while the prison capacity is 3,96,223, with an occupancy rate of around 118. Decongesting prisons is a priority and 69.4 per cent of undertrials mainly contribute to the overcrowding.
High-powered committees were set up in each state to implement the directions issued by the apex court on March 23. The list of prisoners who could be released was drawn up as per the criteria based on the nature of offence, number of years sentenced, and severity of offence for which facing trial. Convicted prisoners as per the eligibility are to be released on parole or furlough.
Special parole has also been extended to four weeks. Convicts above 65 years, except those involved in multiple cases of a serious nature under the NDPS Act where a large quantity has been trafficked, or offenders booked under rape or serious POCSO cases, are being released on parole. Parole for six to eight weeks has been granted by various states. An interim bail of 45 days has been considered for the undertrials. Special remission of sentence of two months for the eligible prisoners has been extended. Release on personal bond is being done as getting sureties is a problem, especially for those out of state. Various states have already released convicted and undertrial prisoners in order to reduce overcrowding.
Order and control are essential in a prison. For maintaining order, and curbing fear, counselling and informing inmates of steps to prevent infection is necessary. This is being carried out in many prisons. The district judge and the chairperson of the District Legal Services Authority have been directed to visit the jail on alternate days. Monitoring teams at the district and state levels have also been set up. Emphasis has also been laid on video-conferencing for avoiding prisoners’ production in courts. This proactive approach is showing good results.
Prisons can act as reservoirs of communicable disease as they don’t stay locked away. Preparedness, prevention and control are essential in this battle. Steps for the prevention, screening, identification, treatment and mitigation as well as transfer of prisoners have been drawn up by the state prison departments. In-screening of prison inmates and isolation of new entries is necessary. People deprived of liberty are also at more risk due to their underlying health conditions. The higher prevalence of HIV and tuberculosis amongst the prisoners increases their vulnerability to the Covid-19 infection.
Limiting the use of prisons for high-risk and serious offenders will go a long way in reducing overcrowding as well as preventing this infection. Continuous control of the prisoners who show any infectious symptoms will have to be there. Over the next few months, there is a need for regular staff meetings and also to give clear updates to both the inmates and the staff. Training staff, to recognise coronavirus symptoms and proper handling of suspected cases, will be required.
The Prison Department has put a restriction on prison mulaquat (meetings) and replaced it by video-
conferencing or WhatsApp calls. This is quite beneficial in maintaining contact with the families, who, in any case, are also confined inside their homes during the 21-day lockdown.
Ironical as it seems, this confinement has made people realise that no matter where you may be confined, the loss of liberty and restriction on the freedom of movement is felt as a punishment. This should push us to consider using home detention for undertrials as alternatives to imprisonment. While tracking the people put in home quarantine, geo-fencing apps have been developed. They have been successful in keeping track of those persons. Similarly, why can’t we use such apps for home detention of certain low-risk offenders? People who are arrested, charged and prosecuted should be those who are a real threat to society.
Prison setting can also provide an opportunity for the prevention and control of this pandemic. The prison departments have risen up to the challenge. In many states, prisoners are preparing masks, phenyl, sanitisers, and also food packs for distribution to the needy. Open prisons in many states are keeping up the supply of vegetables to the city. Kerala prisons were the first to start and now in many states, prisoners are helping at this critical juncture. Prisoners engaged in this service to humanity need to be given a second chance for effective reintegration.
The judiciary in the country has no doubt acted with speed, and quite early on to help prevent this pandemic. Prison departments, which are usually neglected, have shown how good initiatives can be taken to benefit the community at large. Every step counts as we fight this battle. A public health perspective needs to be developed for the corrections system.
(Views are personal)
