Inside Haryana PrisonsInside Haryana Prisons
2019Inside Haryana Prisons
About Haryana SLSAThere are 28 states and seven Union Territories (UTs) in the Union of India and every one of these statesand UTs have separate Legal Services Authority, constituted as such under the Legal Services Act, 1987.Accordingly, the state of Haryana has the Haryana State Legal Services Authority (hereinafter referred to asHSLSA), with its head office at Panchkula. The HSLSA is the successor to the Haryana State Legal Servicesand Advice Committee, which was governed by the “Haryana State Grant of Free Legal Service and Adviceto the Poor Rules, 1982” (hereinafter referred to as the “Rules of 1982”).Pursuant to implementation of the Legal Services Authorities Act, 1987 (hereinafter referred to as the “Actof 1987”) that took effect from November 9, 1995, the Haryana State Legal Services Authority Rules, 1996,(hereinafter referred to as the “HSLSA Rules of 1996”) read with the Haryana Legal Services Authority(Transaction of Business and Other Provisions) Regulations, 1998, (hereinafter referred to as “HSLSA Regulations of 1998”) now govern the functioning of this Authority.Legal Services Authorities at the High Court levelAt the High Court level, there exists an authority called the High Court Legal Services Committee (hereinafter referred to as ‘HCLSC’). A Judge of the Punjab and Haryana High Court is the Chairman and theRegistrar General of Punjab and Haryana High Court is the Secretary.Legal Services Authorities at the district levelAt the district level, there exists in each of the 22 districts in Haryana, an authority called the District LegalServices Authority (hereinafter referred to as ‘DLSA’). The District and Sessions Judge/senior-most Additional District and Sessions Judge/senior-most Judicial Officer (as the case may be) is the Chairman, whilethe Chief Judicial Magistrate/Additional Chief Judicial Magistrate of every district is the Secretary.Legal Services authorities at the sub-divisional levelSimilarly, in all the 33 sub-divisions in Haryana where there are functioning judicial courts, there exist anauthority called the Sub-Divisional Legal Services Committee (hereinafter referred to as ‘SDLSC’). The senior-most Judicial Officer of the Sub-Division is the Chairman of this committee.Anybody can meet the Chairman (District Sessions Judge)/Secretary (Chief Judicial Magistrate) of DistrictLegal Services Authority/Chairman (senior-most Judicial Officer of Sub-Division) of the SDLSC everyworking day between 9.30 am to 4 pm in his chamber for legal services-related work.www.hslsa.gov.in
About Commonwealth Human Rights InitiativeThe Commonwealth Human Rights Initiative (CHRI) is an independent, non-profit, non-partisan, internationalnon-governmental organisation working in the area of human rights. In 1987, several Commonwealthprofessional associations founded CHRI, since there was little focus on human rights within the associationof 53 nations although the Commonwealth provided member countries the basis of shared common laws.Through its reports and periodic investigations, CHRI continually draws attention to the progress and setbacksto human rights in Commonwealth countries. In advocating for approaches and measures to prevent humanrights abuses, CHRI addresses the Commonwealth Secretariat, the United Nations Human Rights Councilmembers, the media and civil society. It works on and collaborates around public education programmes,policy dialogues, comparative research, advocacy and networking on the issues of Access to Information andAccess to Justice.CHRI’s seeks to promote adherence to the Universal Declaration of Human Rights, the CommonwealthHarare Principles and other internationally recognised human rights instruments, as well as domesticinstruments supporting human rights in the Commonwealth.CHRI is headquartered in New Delhi, India, with offices in London, UK and Accra, Ghana.International Advisory Commission: Alison Duxbury, Chairperson. Members: Wajahat Habibullah,Edward Mortimer, Sam Okudzeto and Sanjoy HazarikaExecutive Committee (India): Wajahat Habibullah, Chairperson. Members: B. K. Chandrashekar, JayantoChoudhury, Maja Daruwala, Nitin Desai, Kamal Kumar, Madan B. Lokur, Poonam Muttreja, Jacob Punnoose,Vineeta Rai, Nidhi Razdan, A P Shah, and Sanjoy HazarikaExecutive Committee (Ghana): Sam Okudzeto, Chairperson. Members: Akoto Ampaw, Yashpal Ghai,Wajahat Habibullah, Kofi Quashigah, Juliette Tuakli and Sanjoy HazarikaExecutive Committee (UK): Joanna Ewart-James, Acting Chairperson. Members: Richard Bourne, PralabBarua, Tony Foreman, Neville Linton, Suzanne Lambert and Sanjoy HazarikaSanjoy Hazarika, International DirectorCHRI Headquarters, New Delhi55A, Third FloorSiddharth ChambersKalu Sarai, New Delhi 110 017IndiaTel: 91 11 4318 0200Fax: 91 11 2686 4688E-mail: info@humanrightsinitiative.orgCHRI LondonRoom No. 219School of Advanced StudySouth Block, Senate HouseMalet StreetLondon WC1E 7HUUnited KingdomE-mail: london@humanrightsinitiative.orgCHRI Africa, AccraHouse No.9, Samora Machel StreetAsylum DownOpposite Beverly Hills HotelNear Trust TowersAccra, GhanaTel/Fax: 233 302 971170Email: sinitiative.org Commonwealth Human Rights Initiative, 2019. Material from this report may be used, duly acknowledging the source.
&&Written by: Sabika AbbasMadhurima DhanukaConcept: Raja BaggaSabika Abbas
AcknowledgementIntroduction .1Executive Summary .4Recommendations .12Consultation Report .16Part I:Prison Conditions and Facilities .18Chapter 1:Prison Administration and Infrastructure .19Chapter 2: Prison Regime .26Chapter 3: Medical Facilities and Health .33Chapter 4: Visitation Rights and Facilities .41Chapter 5: Access to Information .47Chapter 6: Access to Legal Aid in Prisons .51Chapter 7: Vocational Training and Prison Labour .58Chapter 8: Prison Oversight .64Part I Recommendations .68Part II: Vulnerable Categories of Prisoners .72Chapter 9: Women Prisoners and their children .73Chapter 10: Prisoners with Mental Illness .82Chapter 11: Foreign National Prisoners .86Part II Recommendations .90Part III: Voices from Within .92Chapter 12: Torture Diaries: Torture in Police Custody .93Chapter 13: Young Offenders or Juveniles? .98Chapter 14: Grievances of the Guardians .103Part IV: Jail Wise Information Sheets .108Part V:Annexures .148
TABLE OF CONTENTS
ACKNOWLEDGMENTWe extend our gratitude to the Haryana State Legal Services Authority (SLSA); in particular Hon’bleJustice Ajay Kumar Mittal, former Executive Chairman, Haryana SLSA; Mr. Puneesh Jindia, formerMember Secretary, and Mr. Sunil Kumar Dewan, former Joint Member Secretary, for assigning this indepth study of prisons in Haryana to us. We are also grateful to Mr. Sunil Chauhan, Director, NationalLegal Services Authority (NALSA), for reviewing the study and providing his valuable inputs in framing therecommendations. The report would not have seen the light of the day without the guidance of Hon’bleJustice Rajiv Sharma, Executive Chairman, Haryana SLSA and the tireless efforts of Mr. Parmod Goyal,Member Secretary, Haryana SLSA to review the final draft of the report and suggest recommendations.We are also grateful to Mr. Man Pal Ramawat, Joint Member Secretary, Haryana SLSA and secretaries of allthe District Legal Services Authorities in Haryana for their cooperation and guidance during the visits andproviding relevant information for the study.We also thank all the prison officers in the Haryana prisons who provided us with relevant information andhelped us to conduct these visits. We are also grateful to Mr. K. Selvaraj, IPS, Director General, HaryanaPrisons and Mr. Jagjit Singh, Inspector General, Haryana Prisons for supporting the initiative and providingus feedback on the recommendations of this report.We thank our interns -- Ms. Shreya Tripathi, Ms. Mahvish Shahab, Mr. Siddharth Lamba, Ms. Anisha Chandran,Ms. Shrinkhla Jain, Mr. Yogesh Sharma, Ms. Rupali Rastogi, Ms. Snehal Dhote, Mr. Akshay Poddar, Mr.Pranav Tewari, Ms. Vidhi Prasad and Ms. Saima Ahmad -- who assisted us in conducting visits, documentingsurveys, analysis of data etc., without which this report could not have been completed.CHRI is grateful for the commitment and rigour shown by Ms. Sabika Abbas and Ms. Madhurima Dhanukain the preparation of the report. We thank Mr. Sanjoy Hazarika and Ms Richa who provided their invaluableeditorial support. We also thank Mr. Raja Bagga for his instrumental support throughout the study as wellas for his inputs and edits. We are grateful to CHRI staff -- Ms. Kakoli Roy, Ms. Palak Chaudhari, Mr. JohnMascrinaus, Ms. Nikita Bhukar, Mr. Raja Bagga and Ms. Sugandha Shankar -- who were part of the teamconducting the jail visits alongside Ms. Sabika Abbas. Lastly, we would like to thank all the team members ofthe Prisons Reforms Programme of CHRI for providing their inputs.
INTRODUCTIONNelson Mandela said, “No one truly knows a nation until one has been inside its jails. A nation should notbe judged by how it treats its highest citizens by its lowest ones.” And yet, very rarely does one step inside aprison or witness what really happens behind the four seemingly impermeable walls of a prison. This report,prepared by the Commonwealth Human Rights Initiative (CHRI) under the aegis of the Haryana State LegalServices Authority (HALSA), shines a light into the lives and living conditions of the 19,062 prisoners in 19prisons in Haryana.The report is based on a study conducted by CHRI’s team of all these prisons and interviews with 475prisoners conducted between December 2017 and May 2018. Our team also interacted with prison officersand representatives of legal services institutions to better understand the complexities of the prison system.These observations have been further evaluated in light of the statistical information received from bothprisons and legal services institutions, as well as relevant provisions of the Haryana Jail Manual 18941,Model Prison Manual 20162 and the Nelson Mandela Rules 20153. These have enabled CHRI to put forthrecommendations for stakeholders to ensure just and humane prison conditions in Haryana.Nine essential themes have been covered in this report: administration and infrastructure, prison regime,medical facilities and health, visitation rights and facilities, access to information, access to legal aid in prisons,vocational training and prison labour, prison oversight, and provisions for vulnerable categories of prisoners(women prisoners and their children, the mentally ill and foreign national prisoners). Additionally, the team’sconversations with prisoners and prison personnel made it necessary to devote an entire section to instancesof torture reported by prisoners, questions of juvenility and grievances of prison administrators.It is also pertinent to mention here that after each visit, letters were sent to each prison and the concernedlegal service authority about individual cases or issues that needed specific and immediate attention. Promptaction has been undertaken by the concerned authority in some of these cases.Context and backgroundThis report was commissioned by HALSA and assigned to CHRI in compliance with an order passed by theSupreme Court in Re: Inhuman Conditions in 1382 Prisons (hereinafter referred to as ‘Re Inhuman case’)4where the court directed all State Legal Services Authorities (SLSAs) to conduct studies on prison conditions.Subsequently, the Punjab and Haryana High Court constituted a committee to prepare a framework forthe study that covered eight key aspects of prisons5 -- including awareness among prisoners regarding theircases, women prisoners and their children, the separation of juveniles from other prisoners, health andhygiene conditions, the availability of vocational or semi-skilled training, visits by family members, servicesprovided by legal service institutions, and jail infrastructure. However, in this study, CHRI included fourmore aspects (prison oversight, prison regime, mentally ill and foreign national prisoners) to make the reportmore comprehensive and reflective of the actual situation in prisons.The Haryana Prison Manual is said to be based on the Punjab Jail Manual 1894, available online at http://haryanaprisons.gov.in/haryana-jail-manual .2Prepared by Bureau of Police Research & Development, available at http://bprd.nic.in/content/423 1 Model.aspx .3‘The United Nations Standard Minimum rules for the Treatment of Prisoners (the Nelson Mandela Rules)’, 2015. United NationsOffice on Drugs and Crime (UNODC).4Re-Inhuman Conditions in 1382 Prisons, W.P. (Civil) 406/2013, Supreme Court of India.5Annexure 1.1Page1
Research methodologyThis study is based on data collected from primary and secondary sources: semi-structured interview methods,direct observation and secondary data review. The team inspected all 19 jails, of which three are centralprisons and the rest, district prisons. In prisons with substantive populations, inspections were carried outfor two days, whereas for others, it was a one-day process. The team interviewed 475 prisoners; this included93 women prisoners, 192 under-trial male prisoners, 122 male convicted prisoners, 39 alleged juveniles and29 foreign national prisoners. The team also interviewed prison officials.No.JailDate of visit1GurugramDecember 7 and 8, 20172NarnaulDecember 11 and 12, 20173RewariDecember 12, 20174PalwalDecember 19, 20175Ambala (CJ)January 8 and 9, 20186PanipatJanuary 10, 20187YamunanagarJanuary 29 and 30, 20188KurukshetraJanuary 31, 20189KarnalFebruary 7 and 8, 201810KaithalFebruary 9, 201811SonipatFebruary 22 and 23, 201812BhiwaniMarch 27, 201813JhajjarMarch 28, 201814JindApril 11, 201815RohtakApril 12, 201816SirsaApril 23, 201817Hisar CJ 2April 24, 201818Hisar CJ 1April 24 and 25, 201819FaridabadMarch 8 and May 1, 2018The prisoner interviews were based on a selection criteria prepared by CHRI, which prioritised interactionswith certain categories such as women prisoners, youth offenders, unrepresented prisoners, alleged juveniles,convicts, the sick and the infirm, and foreign national prisoners.6Primary and secondary data collection involveda) Semi-structured interview methods: A tool used in qualitative research methodology in which the6See sample interview guide in Annexure 2.Page2
interviewer uses an interview guide with a list of questions, themes or topics that are to be covered. We usedthis to interview select undertrials, convicts and prison staff.b) Direct observation: A method of data collection used to gather relevant qualitative data by directlyobserving the natural surroundings of the respondent/subject. We used this to study the prison as a whole,focusing on infrastructure, amenities, prison regimes and services provided, among other things.c) Secondary data review: A process of data collection from different sources. To substantiate thefindings and evaluate the situation on ground, CHRI prepared and circulated formats to the district prisonadministration as well as the legal services authorities and sought responses within a stipulated period. Wereceived data for the period between January and December 2017.Structure and scope of the reportThis report examines several aspects of prison conditions in Haryana, including the treatment of prisoners,general conditions within the premises, facilities, implementation of existing provisions, and problemsfaced by prisoners and prison officials. It was a conscious decision to focus on limited aspects of prisonadministration and prison life. The vastness of prisons as a subject made it impossible to do an indepth studyin its entirety, in the short timeframe allocated.Each chapter begins with excerpts from relevant standards applicable to the theme discussed, with theHaryana Prison Manual being considered as the primary source. During the analysis of the manual, we cameacross several redundant rules, which surprisingly have not been omitted. These pertain to references of jailsin Lahore, Amritsar, Multan etc, references to transportation of life sentences, punishments by whipping etc.and even holidays for the celebration of the King’s birthday. Thus, caution has been taken to not includesuch redundant provisions. Where we felt that the provisions under the manual were insufficient, or on somethemes unavailable, other relevant statutes, guidelines, schemes or regulations have been mentioned.The executive summary provides a precis of the observations and analysis under each theme, followed by aslew of recommendations framed in consultation with representatives from the Haryana State Legal ServicesAuthority and CHRI. These recommendations have been segregated for each stakeholder, while theme-wiserecommendations have, to facilitate ease of parsing context, been placed alongside the text in each chapter.The report is divided into five parts and 14 chapters. Part I contains eight chapters on ‘prison conditionsand facilities’ and includes the team’s findings on prison administration and infrastructure, prison regime,medical facilities and health, visitation rights and facilities, access to information, access to legal aid in prisons,vocational training and prison labour, and prison oversight.Part II contains three chapters a
About Haryana SLSA There are 28 states and seven Union Territories (UTs) in the Union of India and every one of these states and UTs have separate Legal Services Authority, constituted as such under the Legal Services Act, 1987. Accordingly, the state of Haryana has the Haryana State Legal Services Authority (hereinafter referred to as
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Findings paper Life in prison: Living conditions 3 Introduction Some people may feel a sense of déjà vu or world-weariness when they hear repeated accounts of poor conditions in our prisons. Many reports from HM Inspectorate of Prisons (HMI Prisons) have pointed out that, all too often, prisoners are held in conditions that fall short of what most members of the public would consider as .
TUBERCULOSIS IN PRISONS: A PEOPLE'S INTRODUCTION TO THE LAW 4 INTRODUCTION T his is the issue: Tuberculosis (TB) in prisons is a crisis all around the world and right now those of us who fight for justice and human rights are not winning. But prisons systems must change; we have to win because lives depend on it.
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Haryana School Education Rules, 2003 HARYANA GOVT. GAZ. (EXTRA), APRIL 30, 2003 (VYSK. 10, 1925 SAKA) (English version page 459 to579) HARYANA GOVERNMENT . nominated. However, the Director have the right to remove / replace any member before completion of his tenure, if the work and conduct of the member is not satisfactory. 14. (1) The .
paper no.1( 2 cm x 5 cm x 0.3 mm ) and allowed to dry sera samples at 1: 500 dilution and their corresponding at room temperature away from direct sun light after filter paper extracts at two-fold serial dilutions ranging that stored in screw-capped air tight vessels at – 200C from 1: 2 up to 1: 256.
