|
A Model for Abuse Human rights are inalienable, even for prisoners. According to Human Rights Watch, the world's confirmed inmate population is roughly eight to ten million people. But that key word is "confirmed." Most prisons and governments are secretive about their inmates and do not give out any information about them. The real number is easily ten times what is reported. The available statistics show that a large proportion of the world's prisoners had not been convicted of any crime, but were instead being detained pending trial. In India, these prisoners are called "undertrials." Abuse of all variety is such a common place in prisons, that it is an expected part of life for prisoners. With few means to draw public attention to violations of their rights, prisoners around the world frequently resort to hunger strikes, self-mutilation, rioting, and other forms of protest. One such case of protest by undertrials occurred in Model Jail, Burail, U.T.Chandigarh. In October, 2002, when a Sikh inmate complained of the cigarette smoking of another inmate, prison authorities put both of them in separate cells called "20 chakkis" (small, windowless cells numbering 20 each measuring 8ft X 8ft), solitary confinement. When other Sikh inmates complained of the unjust action and asked for their release, they were ignored. And so they did what prisoners usually resort to, hunger strikes and sit-ins. They also exercised their right to file a complaint which they did with the Inspector-General of Prisons, Chandigarh, alleging the unreasonable incarceration imposed by the superintendent and his deputy. No action was taken on the complaint and tensions rose. The protest went from a peaceful sit-in to shouting of verbal slogans. As a result, the superintendent, D.S.Rana called on the jail staff who, armed with wooden canes and service guns, beat the protesters. The protesters were then put into 24 hour solitary confinement, "20 chakkis". They were denied water for bathing, clothes and undergarments, and holy books (Gutkas) for daily prayers. Physical abuse of prisoners by guards remains a chronic problem in prisons. According to the United Nations minimum standards for the treatment of prisoners, "Corporal punishment, punishment by placing in a dark cell, and all cruel, inhuman or degrading punishments shall be completely prohibited as punishments for disciplinary offences." The Human Rights Committee has also stressed that the obligation to treat persons deprived of their liberty with dignity and humanity is a fundamental and universally applicable rule. Counsel for the protesters filed two separate applications in the court of the Sessions Judge, Chandigarh. In one application they sought proper medical treatment of the injured prisoners and in the other application they sought a judicial inquiry into the violation of human rights. The jail authorities denied the allegations and instead submitted to the court that the prisoners had committed jail offences for which they were liable to be given punishment as per the jail rules and no violation of human rights of the prisoners were committed by the jail staff. The hearing of the applications was set for November 20, 2002, but on November 19, some sort of an agreement was made by Simranjit Singh, MP, on behalf of the protesters. The protesters were released from solitary confinement without medical examination, and the inquiry into the human rights violations was suddenly dropped. This is yet another case of human rights violations against prisoners being swept under the rug by prison and government officials. Information provided by Arunjeev Singh, Lawyers for Human Rights International, Chandigarh |