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| II. WORK IN THE PRISON |
| 1. Convict Prisoners (Male
& Female) |
We began work in the prison with the objective
to work with both under - trial and convict prisoners. Our workers
visit the prison at least twice a week whereby after interaction
with the prisoners new cases are taken up, a reporting is done to
those whose home-visits have been conducted, information about the
legal position of their cases, about their children, families, etc.
Counseling is done in regard to cases where the workers consider
the need for the same. Our main work focus is with regard to convicts
in the form of help to their children, processing of their furlough,
parole applications, legal aid for appeal in high Court, follow-up
with their personal lawyers. |
We are working with convict male and female
prisoners. The activities with this group are based on two major
objectives. The first is to assist the prisoners with their legal
rights and procedure. And the second is to improve their life within
the prison by conducting various activities. The second objective
is achieved by organizing long-term and short-term programmes in
the prison on a mass level. Various recreational and educational
activities are organized by VARHAD. We also support and assist the
prison administration to organize activities and programmes to achieve
the above activities. |
| A. Services extended to avail of parole &
furlough |
VARHAD supports convicted prisoners to avail
of the various prison facilities. As per the Maharashtra Prison
Manual, convict prisoners are entitled for release on parole and
furlough. Prisoners are allowed to spend some time with their family
while serving the sentence. They are allowed a leave for 15 days
as furlough at specific time during their sentence. The leave is
inclusive of the sentence period. The Regional Deputy Inspector
General (Prisons ) is the sanctioning authority to release prisoners
on furlough. The sanctioning authorities may extend furlough for
another 15 days. A prisoner is released on furlough after entering
into a bond with surety. The sanctioning authority also considers
a report from the police about the surety, chances of the prisoner
absconding and probability to commit any offence. |
Our workers interact with the police, prison
and other authorities for release order on furlough. There are prisoners
who have not been able to avail of this facility for years. They
do not have required surety and family support for the release order.
We have observed that the prisoners have lost contact with their
families due to poverty and illiteracy. After conviction, they are
transferred to the Central Prison, which is far away from their
native place. Therefore their family members if any, can not afford
regular visits to the prison because of poor financial conditions.
Due to illiteracy, the convicts are also unaware of any prison facilities
like parole and furlough. Our role proves very important in such
cases. Through home visits we develop contact with the prisoners'
families and sensitize them to stand surety for parole or furlough.
The workers regularly guide the relatives and concerned surety regarding
procedure for the same. |
| The workers also visit offices of the sanctioning
authority and police department to expedite proceeding of the documents
in the concerned cases. We enquire on a case-by-case basis and in
general to speed up the proceedings. This strategy helps in sensitizing
the concerned officials on the issue. After getting sanction from
the sanctioning authority, surety has to be submitted. We have observed
that many of the sureties do not ha ve any financial solvency, which
stands as a hurdle. Our workers interact with concerned Executive
Magistrate to reduce the surety amount and find out other alternatives.
Thus, our workers play an important role in release of prisoners
on parole or furlough in many cases. |
| The convicted prisoners can also be released
on parole during their sentence. Release on parole is for specific
period and the sanctioning authority may extend the period. The
prisoner can be released on parole for a period of one month or
more. There must be some specific reason for his release such as
some serious illness, marriage, etc. in the direct family. Procedure
for release on parole is similar to that of furlough except for
the sanctioning authority. The Divisional Commissioner (Revenue)
is the sanctioning authority for release on parole. |
The workers also help out for the release of
prisoners on death parole. Death parole is a release of the prisoner
on parole in case of death of any family member in the direct family
(Blood relation). The Superintendent of the concerned prison is
the sanctioning authority for release on death parole. The role
of social workers is very important in most of these case. As the
required documents and procedure for release on death parole must
be completed within 10 days from the death of the family member.
Authentic death certificate from the concerned self-government body,
report from concerned police station certifying that the person
dead is a member in the direct family of the prisoner. |
Many family members are not aware about the
facility and therefore do not inform the prisoner immediately. The
prisoner comes to know about the death of his family members after
some days. There have been such cases where we had hardly a day
or two to complete the required formality and procedure. We have
helped in releasing many prisoners on death parole at the eleventh
hour. Therefore, we have adopted a strategy that whenever home visits
are paid to relatives of prisoners for any reason then we make them
aware of various facilities available to prisoners like furlough,
parole, and death parole. This assists them in taking appropriate
action in time in case of an emergency. There have been cases where
prisoners were able to perform the last rights of their near and
dear ones in time because of our timely intervention and support. |
| Number of cases handled for parole & furlough |
| District |
Furlough |
Parole |
Death Parole |
Total |
| Amravati |
18 |
11 |
2 |
31 |
| Yeotmal |
18 |
3 |
3 |
24 |
| Washim |
10 |
7 |
- |
17 |
| Akola |
22 |
12 |
4 |
38 |
| Buldhana |
9 |
8 |
- |
17 |
| Others (Dist) |
1 |
- |
- |
1 |
| |
78 |
41 |
9 |
128 |
| Number of release orders for parole
& furlough obtained by VARHAD |
District |
Furlough |
Parole |
Death Parole |
Total |
| Amravati |
8 |
6 |
2 |
16 |
| Yeotmal |
6 |
2 |
1 |
9 |
| Washim |
3 |
1 |
- |
4 |
| Akola |
11 |
8 |
2 |
21 |
| Buldhana |
3 |
7 |
- |
10 |
| |
31 |
24 |
5 |
60 |
| CASES |
Laxmi aged about 55 years is serving
a life sentence in the prison since the past 13 years. Her husband
had an extra-marital affair with a girl in the village, of which
she was unaware for a long time. Later on, on coming to know about
this affair, there would be constant quarrels between Laxmi and
the girl. One day, after one such quarrel with Laxmi over filling
of water at the public tap the girl committed suicide by burning
herself. And in her dying declaration she named Laxmi and her husband
as being responsible for her death. So on the basis of this dying
declaration, Laxmi and her husband were arrested. The court later
passed an order of life imprisonment for Laxmi, while her husband
was acquitted from the charge. |
After her conviction she was brought
to Amravati Central Prison. In the beginning, her husband had been
in touch with her through letters, which gradually reduced. Two
years back when she first interacted with our social worker she
had no contact with family and for years no one had come to see
her or inquire about her. She was never released on parole and furlough.
And she had lost all hopes of being released on parole and furlough. |
| After interacting with her on
a regular basis the worker could get some address of her nearby
relative. On enquiring with the relatives concerned through frequent
home-visits, we found that no one was ready to take any responsibility
of Laxmi. Through these visits, we also came to know about one relative
residing at Shegaon in Buldhana district. Then our worker regularly
paid visits to this relative trying to convince them to stand surety
for Laxmi in case of her release on furlough. After frequent interaction
with them the relatives was ready to give surety. |
| Then our social worker began the
procedure of collecting documents required for Laxmi to be released
on furlough. Then at the end moment the relatives backed out from
giving surety for her furlough. Our worker again tried hard and
finally convinced the relatives and was able to acquire her release
order from the concerned Tehsil. |
| Finally, Laxmi was released on
furlough and she was able to enjoy this limited period of freedom
after nearly 13 years of having been in prison. After her release,
she was received respectfully at our VARHAD reha bilitation Center.
Our worker reached her up to her relative's house at Shegaon after
spending a night at our Center. She got to know about the death
of her husband during her stay with the relatives. After spending
15 days of her furlough period outside the prison, she returned
back to serve her remaining sentence. And presently, she is awaiting
orders for her final release from the prison. |
| 2. Under trial
Prisoners |
VARHAD is also working with the
male and female under-trial population in the prison. These under
trial could be categorized in three categories according to our
intervention. The first group is of those arrested under various
sections of preventive action and other minor offences. The second
group is of those who are arrested for offences and whose cases
are pending in the lower courts. And the third category is of those
whose cases are serious in nature and pending for trial in the Sessions
courts. These three categories could be further categorized according
to the background of the prisoners. |
| A. Home-visits and counseling : |
After an interaction with the prisoner
inside the prison, a home - visit to the family and the respective
police station is made to verify as well as to gather more information
about the case, family, etc. Then an assessment is made of the cases
on the basis of their classification as per the section under which
arrested, type of court in which the case is presently being processed.
Side by side, it is checked out if the family is willing to accept
the offender back if released on bail or personal bond. If not,
then counseling of the family is done, in regard to acceptance of
the client back into the family, with the provision of help for
legal aid, etc. |
| B. Chapter Cases |
A large number of under-trials
are arrested under chapter cases. They are booked under various
sections of Criminal Procedure Code as preventive action. Some are
arrested under sections of the Bombay Police Act on the grounds
of law and order. Some of them are arrested because of their previous
criminal background. And some are first timers who are arrested
loitering around at night or found at the bus stands, railway station
etc. The second group is not involved in any criminal activity,
but has been arrested due to their drinking habits or bad company.
Many are arrested due to disputes in the family. These are mostly
young boys aged between 21-25 years who have a disturbed family
background due to which they get into bad company through their
long hours of absence from home. These are boys addicted to alcohol
or drugs and are habitual of constantly being arrested under the
same sections. This is similar with the group of youth aged 25-35
years who have been arrested under 'chapter cases' for domestic
violence or other family disturbance cases. |
Social workers do regular counseling
of the prisoners during their stay in the prison. Home-visits are
made to find out details about the case and opinion of people about
the client. If there is any chance of reformation then the workers
mobilize resources through the family for his release. There are
cases who are seem to be innocent and to prevent further criminalization
of such first-time offenders while in prison, we try to get him
out at the earliest. After paying visits the workers interact with
the Special Executive Magistrate (ACP) and Executive Magistrate
and presents the case and requests before the concerned court for
release of the prisoner on personal bond. Power of the court is
vested with Assistant commissioner of Police in jurisdiction of
the Police Commissionerate. The same power is vested with Executive
Magistrate (Tahsildar) at the taluka of the rural division. It has
been observed that there is a more positive response from the courts
of Executive Magistrates than from the courts of ACP. We also provide
aftercare services to the released undertrials in terms of counseling,
training and guidance. |
| Number of Chapter Cases handled |
| |
Court |
Asst. Comm. OfPolice (Special
ExMagistrate) |
Executive Magistrate |
Total |
| Cases |
48 |
59 |
107 |
| Release on personal bond with VARHAD intervention |
33 |
52 |
85 |
| Release with help from VARHAD |
15 |
7 |
22 |
| 3. Help extended
to families of prisoners |
In regard to handling of cases,
we need to pay home-visits to the families of prisoners. These visits
are aimed at gathering information regarding the socio-economic
and psycho-social position of the family. We have observed that
there are many prisoners whose relatives do not come to visit them
in the prison. As informed earlier, in this prison there are prisoners
from five districts of the region. Because of poverty and illiteracy,
family members do not pay visits to the prisoners. We have come
across cases where the family has not paid a single visit to the
prison after the prisoner's transfer to the Central Prison. In some
cases, the families do not maintain any contact with prisoners even
through letters. Besides these, there are other reasons also such
as fear of police, disputes within family, and misunderstanding
with regard to the prisoners. |
Thus, we feel the need to work
towards improving the family contacts and relationship of the prisoners
with their families. After our workers' visits to the families,
relations have been renewed and further strengthened in some cases,
where the family had not kept in contact after the prisoners' conviction.
The families also agree to give surety for parole and furlough after
our home visits and counseling on part of our workers. |
Poverty and the traveling distance
from their homes to the prison is one of the main reasons for a
family to maintain contact with the prisoners. A solution for this
was through sensitizing the family during home-visits and through
letters. Another is this year, we have begun to give financial support
to the families of poor and needy prisoners to help them visit and
meet the prisoners. Our workers assess the provision of such financial
support during their visits to the families. The family also informed
about the traveling route and the procedure of meeting the prisoner
in the prison. Depending on the distance involved, Rs. 50-250/-
per person for a visit is given. The longest distance from Amravati
for any family is about 350 kilometers. This practice has helped
in developing family contacts of many prisoners as well as in improving
the emotional level of the prisoners. |
| CASE |
Ramrao aged 45 years is serving
life sentence in the prison since last years. He was imprisoned
in Yeotmal district prison as an undertrial before conviction. The
family was in touch with him when he was in that prison. The case
was decided at Session Court in Yeotmal district and convicted for
life for murder of a man in his village. Then he was brought to
Amravati prison for serving the sentence. |
Now the prison is more than 250
kilometers from the village. There is his wife and 2 sons in the
family. They had their own land of 4 acres, which he sold to a landlord
to pay fees for advocates for the trial in session court. His wife
is a landless labor and one son attends school in 4th standard in
the village. Older son aged 14 years drop our from school and support
the mother. The client requested for educational support to his
children. Social Worker paid home visit to find out educational
background of the children and future action. During home visits
it was found out that the family did not had any contact with the
client in prison since last 3 years. |
| The family could not pay a single
visit to the prison since last 3 years because of extreme poverty.
Our workers gave them money to arrange their visit to the prison.
Worker had also extended support to the school going son for educational
needs. And also tried to counsel the drop out child for continuation
of his education. The monetary help and guidance help the family
to establish contact and direct meeting in the prison. Due to that
the client could seen his children and wife personally in prison.
Due to that the client could see his children and wife personally
in the prison visit after three years. We have commitment to make
arrangement for their traveling expenses after every four months. |
| Number of cases handled in Amravati
Central Prison |
Type |
Male |
Female |
Total |
| Under trial |
254 |
79 |
333 |
| Convict |
284 |
35 |
319 |
| |
538 |
114 |
652 |
| Number of convict prisoner cases
(District wise) |
District |
Male |
Female |
Total |
| Amravati |
127 |
8 |
135 |
| Yeotmal |
36 |
3 |
39 |
| Washim |
19 |
11 |
30 |
| Akola |
59 |
7 |
66 |
| Buldhana |
29 |
4 |
33 |
| Other District |
14 |
2 |
16 |
| |
284 |
35 |
319 |
| Number of cases who availed of
the services provided by VARHAD |
| Activity |
- Numbers |
| Home visits |
- 1100 (Approx) |
| Court visits |
- 614 |
| Institutional visits/NGO/Hostel/ |
- 423 |
| School/Hospital etc. |
|
| Police station visit |
- 65 |
| Letters received from prisoners |
- 199 |
| |
|
Type |
Male |
Female |
Total |
| Under trial |
254 |
79 |
333 |
| Convict |
284 |
35 |
319 |
| |
538 |
114 |
652 |
| Number of convict prisoner cases
(District wise) |
District |
Male |
Female |
Total |
| Amravati |
127 |
8 |
135 |
| Yeotmal |
36 |
3 |
39 |
| Washim |
19 |
11 |
30 |
| Akola |
59 |
7 |
66 |
| Buldhana |
29 |
4 |
33 |
| Other District |
14 |
2 |
16 |
| |
284 |
35 |
319 |
| Number of cases who availed of
the services provided by VARHAD |
| Activity |
Numbers |
| Home visits |
- 1100 (Approx) |
| Court visits |
- 614 |
| Institutional visits/NGO/Hostel/ |
- 423 |
| School/Hospital etc. |
|
| Police station visit |
- 65 |
| Letters received from prisoners |
- 199 |
|