Delhi: Gender-sensitive jail manual stuck in tussle between govt, bureaucracy

The manual lays special emphasis on welfare of women inmates and states that jail staff will be trained on gender sensitivity. “All staff assigned to work with women prisoners shall receive training relating to the gender-specific needs and human rights of women, including on sexual misconduct and discrimination,” it says.

Parole, furlough and remission guidelines have also been revised in the updated manual. An official said that under the new rules, time spent on parole by an inmate will not be counted in the total period of sentence. “The existing prison manuals are outdated across the country. The updated manual is reform-oriented, not punishment-oriented. It has comprehensive provisions on health care facilities, legal assistance,” the official said.

The rules were drafted by an expert committee under the Home Department on the directives of the Delhi High Court. Delhi government’s Standing Counsel (Criminal) Rahul Mehra was one of the commitee members.

When contacted, Mehra said that the elected government believes it has the powers to notify the rules after the July 4 Supreme Court verdict that limited the L-G’s role to reserved subjects — land, public order and police. “The Principal Secretaries of Law and Home departments are sitting on it,” he claimed.

The manual says the jail staff shall also be sensitised in instances where a woman inmate may feel particularly distressed, and is provided appropriate support. “In line with a gender-sensitive management policy, a liberal approach should be allowed while determining cases of premature release of women prisoners, particularly, in cases where she has been the sole breadwinner, or where no surrogate care is possible for the dependents of women prisoners…,”the manual states.

As far as possible, expectant mothers may be released on suspended sentences or otherwise to avoid delivery of their child inside the prison,” the manual states.