Dr. Charu WaliKhanna Member inspected Central Jail, Rewa, Madhya Pradesh on 25.09.2013 and met Shri D S Alawa, Superintendent, jail officials and female inmates among others. She was accompanied by the Leader of Opposition in Municipal Commission, Rewa, Ms. Kavita Pandey. The Member, NCW made the following recommendations among others.

It was observed that the space for inmates was sufficient and no overcrowding was noticed unlike other jails despite the fact that the jail being 148 years old (said to have been constructed in the year 1865). However, there was no dedicated space for children or Aanganwadi Centre in the jail, despite the fact that there are almost 10 children accompanying their mother / grandmother. Notable is a 4 month old baby with her Dadi who is in jail facing charges of murdering / burning her daughter-in-law, since the maternal grandparents of the child are not willing to keep the child. According to Jail officials request was made to the State Government for Aaganwadi facility but they were told a minimum of 40 children are required. It is important to provide an Aaganwadi specially for children in the age group of 0-6 years, especially since it has been reported by the UNICEF one in every three malnourished children in the world lives in India; and this programme started by the Govt. in 1975 as part of the ICDS aims to combat child hunger and malnutrition.

Special arrangements and provisions need to be put in place in view of fact that there are substantial number of care –dependant children staying with their mother/grandmother in Jail; in the absence of which the welfare of the children may be adversely effected by their imprisonment. Undoubtedly, the question arises as to whether and for how long should the babies/young children remain in jail with their mothers. The dichotomy is that on one hand the jail does not provide an appropriate environment for children, while on the other hand, any forcible separation mother and infants is undesirable.

The jail environment is not conducive to good health and being isolated may result in the mental health of the inmate being under stress. The Member, Dr. Charu WaliKhanna also met a young girl who was accused of murdering her baby in a mentally unstable position and had been sent to Gwalior Jail for mental treatment. The girl remembered her meeting with the Member during Gwalior Jail visit and now appears to be in a better mental condition.

It was observed that most women suffered from high level of anxiety since they are in jail for either being arraigned in land disputes; or are alleged to have committed an offence, whereas in their minds they were escaping violence being perpetuated on them. For example the widow who was being forced to give up her right to land and on resisting a fight followed, subsequent to which she was accused of criminal assault. Another woman who has been convicted of murdering her husband - a habitual drinker and regular battered. Or the case of a female inmate charged with killing child of second wife, when her husband had remarried and used to constantly harass her.

Legal aid being provided was not found satisfactory. One female inmate brought it to the notice of Member that she is not getting legal assistance. On inquiring Member was informed by jail authorities that the family had engaged a private lawyer. However, the women insisted that her family was not coming to visit her ‘for mulakat’. It is a known fact that it is difficult for poor rural villagers to travel long distances to meet female relatives, which in any case for the family is not a priority. Hence, the jail authorities need to be more sensitive and pro-active in cases no family member is visiting the female inmate they should offer assistance to her.

From interaction with inmates it emerged that the rules have been changed and women inmates are not being released on parole since they have to give a surety of Rs.1.00 lakh. A woman being the last priority in the family finds it very difficult to get a surety.

The relationship between gender and criminal behaviour is complex, thus it is important for the judiciary to realize that a large number of women committing heinous crimes, possibly are themselves victims of violence; for example survivors of domestic violence, sexual abuse or community based violence. It has been observed that most crimes committed by women are economic or in response to violence against them. When the abuse and violence becomes intolerable something “snaps” within them as a result of which to escape the violence they end up committing crime by eliminating (murder) the source of abuse. In addition, it is important to understand and address the problems that women from vulnerable sections of society face in systems that do not recognize and accommodate their special needs i.e. women at the bottom of the pyramid - SC/ST women. If Indian society is to be based on equity, then we must ensure that a woman does NOT SUFFER on account of gender but also NOT SUFFER on account of caste.

Recommendations have been made to State Government which include following:
• To provide dedicated doctor for female ward and regular / frequent visits by gynecologist / specialist.
• To put in place special arrangements and provisions for children. To ensure that babies and young children in jail are provided facilities equivalent to that available in the outside community ; and their treatment and “milestones” be supervised by specialist in child development. Arrangements also to be made to ensure that the movement and cognitive skills of children in jail developed normally.
• To make available a child-friendly space for childcare and age-appropriate equipment, education and activities for children of inmates. Also to include local school children in a community program where they visit the jail and interact with the children inside jail.
• To meet the specific dietary needs of pregnant women inmates, i.e. high protein diet rich in fresh fruits and vegetables.
• To ensure that pregnant women are able to deliver the baby in a hospital outside the jail. Hence the place of birth mentioned in the birth certificate will be a regular hospital and the child will not carry the lifelong stigma of having been born in a jail.
• To increase number of activities that are aimed for personal fulfillment in order to enable the inmates pass time and remain involved / distracted.
• To release women convicts on special occasions like women’s day, Independence Day.

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