The Hindu : Kerala News : Cries that mostly go unheard state trends

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Monday, Nov 26, 2007
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Kerala

Cries that mostly go unheard state trends

Maleeha Raghaviah

Scores of prisoners who are eligible for remission and release are languishing in jails across Kerala awaiting favourable decisions from the Government. Many of them, who include a fairly substantive number of women, are aged, infirm and ill, needing care and concern from society at large and the system.

Human rights activists, jurists and writers have raised concern time and again, especially of late, about the gradual but definite erosion of the rights of prisoners in the State once noted for its excellent record in prison reforms. To cite just two examples: A prisoner lodged in Kannur Central Jail committed suicide allegedly because he was denied parole for eight years and Sarama of Women’s Jail, Neyyattinkara, has been waiting to be released for more than three y ears after she sent a mercy petition to the Governor who had ordered that she be freed. There are many similar examples that have been brought to light by human rights activists. On top of these are allegations that women, the aged and the sick among lifers, are being denied their basic rights.

“In the case of scores of prisoners, including under-trials across the State, the Government is duty bound to ensure that the benefits under Article 161 are protected,” argues K. Girish Kumar, convener of the Vadhasiksha Virudha Samithi (Committee Against Capital Punishment), a human rights organisation spearheading the campaign for banning capital punishment and protecting prisoners’ rights for the last three years.

Mr. Girish Kumar cites the case of C.A. Pious, a prisoner in Kannur Central Jail, to drive home the point. In its order of September 17, the Supreme Court had directed the State Government to follow the spirit of Article 161 when disposing of Pious’ plea for commutation of sentence, as he had completed eight years in prison. “The ball is now in the State Government’s court. The spirit of the Supreme Court’s directive can find reflection in the plight of the prisoners only if the Government takes a decision and issues appropriate orders covering all the prisoners who are eligible for commutation of sentence,” says K. Raj Mohan, joint convener of the Samithi.

‘Panel dysfunctional’

According to the Samithi, prisoners are being denied the benefit of the Constitutional provision for grant of remission, commutation and suspension of imprisonment. The Jail Advisory Board, the statutory body that is supposed to examine conditions for commuting sentence of prisoners, is mostly dysfunctional and though the High Court had intervened, its functioning has not been satisfactory.

“The one month parole for every six months spent in jail and claim for extension of the parole period are also being denied to the prisoners. The Government has shown gross indifference to the recommendations of expert panels such as the one headed by the former Supreme Court judge V.R. Krishna Iyer suggesting liberalisation of remand stipulations. As a result, many are now being forced to spend more number of years in jail than their actual sentence,” alleges Mr. Girish Kumar.

Women survivors of mass suicide attempts or convicted for murder were earlier released on completion of six years in jail, but no longer. They not only have to serve a longer term, but have to wait for years for remission and release. Annamma, who ended up at the Neyyattinkara Women’s Jail after an unsuccessful suicide attempt and being charged for murder, spent more than 14 years behind bars.

Screening mechanism

Justice M.R. Hariharan Nair, former Chairman of Kerala State Prison Review Committee, suggests an efficient, unbiased screening mechanism to look into the question of premature release of prisoners serving longer terms. Premature release can be considered under the existing Supreme Court guidelines depending on the nature of the case and provided the freeing of the convict will not cause harm to society, he points out. On the demand for doing away capital punishment, Mr. Nair suggests life-long imprisonment for the convict, the alternative recommended by the Malimath Committee on reforming the Indian Penal Code. On an average, there are around 6,500 prisoners in the three Central jails at Kannur, Viyyur and Thiruvananthapuram, the Open Prison at Nettukaltheri in Thiruvananthapuram and Women’s jail in Neyyattinkara besides the district and sub-jails. At present, there are 1,416 lifers and as many as 2,723 convicted for different others offences besides others booked under miscellaneous cases in the jails. “Those in prison for more than 20 years are those booked under the Narcotic Drugs and Psychotropic Substances Act,” points out K.P. Somarajan, Additional Director General of Police (Prisons).

Of the 385 prisoners lodged in the Kozhikode District Jail at any given time 80 per cent are remand prisoners awaiting trial. At present, they include the 137 undertrials in the second Marad case, who have already undergone four-and-a-half years of imprisonment. “Who will compensate them for the trauma and suffering of their families, for denial of their livelihood when the breadwinner? It is a human right violation. P.G. Thampi, Director General of Prosecution and Chairman of the Bar Council of Kerala, feels that in deserving cases, parole should be granted if the authorities are convinced that there will be no tampering of evidence or absconding.

“Prisoners’ not returning after being let out on parole is a common occurrence and reports of the Director- General of Police confirm this. Hence there is reluctance to grant parole even when the prisoner concerned has a record of good behaviour,” he adds.

The Vadhisiksha Virudha Samithi is apprehensive that the reported move to introduce video conferencing instead of presenting the under-trial prisoner directly in court while moving the application for bail would further erode prisoners’ rights.

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