Prison Visiting System

What is 'Prison Visiting System’

Prisons are places of low visibility, segregated from general society. Like every governmental institution, there is a need to ensure that prisons are operating as per legal standards and human rights principles. The Prison Visiting System, composed of official and civilian visitors, is a mechanism to serve as a check on violations by authorities and a means to ensure there is some independent scrutiny of the conditions of the imprisoned thereby holding them accountable.

This system is different from that of family visits as they involve different stakeholders, members of the legislative assemblies, judicial members, often the State Human Rights Commissions and other district officials. being the stakeholders in the former, with the prisoners being the stakeholders in the latter. Family prison visits are allowed for maintaining relationships, emotional bonds, families, and for the mental well being of prisoners. Family visits are governed by state specific prison rules and manuals. The Prison Visiting System involves officials visiting prisons for the purpose of inspection of facilities, observing and reporting any present issues in the prisons, helping prisoners with their legal and fundamental rights, providing legal aid, and so on. It does not involve conversing with prisoners informally, unlike in family visits.

Official definition of ‘Prison Visiting System’

Prison Visiting System as defined in legislation

The concept of non-government intervention in the management of prisons was for the first time conceived in The Prisons Act of 1894. Although this concept was not directly defined in the body of main provisions of the Act, Section 59(25), which speaks of powers to frame rules consistent with this Act, empowered State Governments to make rules for the appointment and guidance of visitors of prisons. Following this, The Indian Jail Committee, 1919-20, had laid down guidelines for the appointment of prison visitors stating that:

The person selected for the position of a non-official visitor of a jail should be chosen on the grounds of definite qualifications, such as an interest in prison matters or other social work, or ability and willingness to assist in finding work for prisoners on release. Selection should not be made solely on the grounds of social position, wealth or political influence, but based on special fitness. (515 - Report of the IJC- 19-20)

Prison Visiting System as defined in Model Prison and Correctional Services Act 2023

The Model Prisons and Correctional Services Act is a comprehensive framework for prison management in India, designed to address the shortcomings of the existing British-era Prisons Act of 1894. It aims to overhaul prison administration, focusing on security, safety, scientific and technological interventions, and the reformation, rehabilitation, and integration of prisoners into society.

Chapter XII of this act talks about prison visits. It allows for visitation rights of the prisoner’s family members and the methods prescribed for safety and accountability such as biometric scanning, ban imposed on mobile phones and other electronic devices in the prison, etc. It also explains the routine measures to be followed in cases of communication with legal counsels and other official or non official visitors.

Further on, in Chapter XIX of this act, it explains the concept of inspection of prisons through a two fold way—inspections conducted by prison officers, and inspection conducted by a Board of Visitors composed of official and non official visitors.

The Prisons Act 1894

The Prisons Act 1894, although outdated, acts as the basis for prison management in many states in India. It contains provisions for appointment of official visitors to prisons to inspect and report on prison conditions. Section 59(25): talks about the appointment and guidance of visitors of prisons. It gives power to the national and state governments to make rules and appoint visitors.

The Legal Services Authorities Act 1987

This is a landmark legislation that deals with providing free legal services to the weaker sections of Indian society, ensuring equitable and equal access to justice for the citizens of India, as guaranteed under Article 39A of the constitution. Although the act does not explicitly mention a prison visiting system, it does play a crucial role in promoting access to legal justice for prisoners through legal aid clinics, legal awareness programs, prison visits, Lok Adalats, etc.

Prison Visiting System as defined in Official Documents

The Model Prison Manual 2016

Presently, the provisions that govern and provide for official and non-official visitors are guided by the provisions in the Model Prison Manual 2016 and those in the Prison Manuals of respective states.

The Model Prison Manual 2016 differentiates visitors across states into three categories.

Official Visitors - These are those officials who are internal to the government and have a stake in the management of prisons and the treatment of prisoners. These include senior members of the prison department, the police, judicial officers, members of public health departments etc.
Non-Official Visitors - These are the people who are external to the government, but who have a significant interest in the administration of prisons and welfare of prisoners. These are ideally people from professions like lawyers, journalists, social workers and other civil society. Including them in this system adds a layer of accountability to the very purpose of having these systems.
Other Ex-Officio Non-Official Visitors - These are the representatives of people in different institutions including autonomous statutory bodies which are created for the protection of the rights of vulnerable groups. These include members of legislatures, heads of local bodies, members of human rights commissions etc.

These officials and non-officials being part of the prison system have established duties and objectives of visits which are provided in the respective state model of Rules. Taking Uttar Pradesh’s prison manual, 2016, as an example, some of the broad duties include examination of medical and sanitary conditions, food and other nutritional support, hearing and attending to the representations and petitions made on behalf of the prisoners, ascertaining the conditions of barracks, wards, work-sheds and other buildings of the prisons generally and suggest new avenues for improvements.

Frequency of Visits - The Model Prison Manual, 2016, mandates that both official and non-official visitors inspect prisons periodically. Official visitors are required to visit at least once a month, while the entire Board of Visitors must conduct a collective visit at least once every three months.

Record-Keeping: Each visit must be documented in a Visitors’ Book, which includes observations on prison administration, living conditions, and grievances and recommendations for improvement.

Ministry of Homes Affairs notification

According to the Ministry of Home Affairs, in its notification, the prison visiting system is a system to bring more transparency and accountability. It has two types of visitors namely Official Visitors (OVs) and Non-official Visitors (NOVs) as an open and accessible prison system is likely to be accountable and successful in maintaining the standards of human rights.

According to the advisory issued by the government of India, certain rules and regulations are to be followed by the Board of Visitors. The Non-Official Visitors are to be appointed without any delay and the system is to be made transparent, with prescribed criteria. The NOVs selected should have prior knowledge or expertise in areas of legal reform, prison reform, legal aid, social work, counselling, etc. A minimum number of NOVs are to be assigned and the State Human Rights Commission makes suggestions on appointment of NOVs, which has to be taken into consideration by the State Government concerned.

The non-official visitors appointed by the Government have to discharge their duties within the parameters of the functions of the Board of Visitors. After completion of the visit, the visitor should enter his remarks in the Visitor’s Book, as required by Rules and advise the Superintendent to take such remedial measures as are required with utmost expedition. On the appointment of Non-Official Visitors, they must be sensitized and trained about their duties, role and responsibilities. Prisons are mandated to obtain six monthly reports from the prison superintendents about the regularity of the visits and the nature of work done by the NOVs.

Official Reports

The Mulla committee

The Mulla Committee, officially known as the All India Committee of Jail Reforms, was formed in 1980 by the government of India to review and suggest reforms for prisons, to help improve the living conditions of prisoners, making sure they were not denied their fundamental rights, addressing issues of overcrowding, prisoner rehabilitation, etc. They believed that the rights and responsibilities of the prisoners needed to be stated clearly.

The committee suggested that the conditions of prisons all over India should be improved by making provisions for sanitation, clothing, food, etc. The prison staff should be aware of their responsibilities and should be adequately trained to handle situations. It called for the establishment of an All-India Service called the Indian Prisons and Correctional Service to recruit prison officials across the country. It stated the importance of having Non Official Visitors in these institutions to help get information about the conditions inside prisons and work with the Board of Visitors to improve them.

The committee, including multiple other suggestions, also called for government intervention to help improve prison conditions by allocating resources and funds to reform prisons.

Evolution of prison visiting system with case laws

Ranchod vs. State of Madhya Pradesh

This case emphasized the preventive function of the Non-Official Visitors (NOVs) and held that if they acquainted themselves with the prisoner’s problems and made efforts to solve them, the situation could have been avoided. That highlights the lack of preventive measures that are taken in the prisons in case of need.

Rakesh Kaushik vs. BL vig, Superintendent Central Jail, New Delhi

This case highlighted the visitorial functions of a session Judge. He must acquaint himself with the conditions of the tension, the internal violence and prisoners' grievances and enquire into those aspects intending to suggest remedial action.

Maja Daruwala vs. State of Maharashtra

Ordered for an immediate constitution of the Board of Visitors (BOVs) and monthly inspection after the inhuman conditions of the sub-jails that were brought to the attention of the court. Emphasised on the inclusion of NGOs and social activists on board.

This can be related to the National Commission for Women (NCW) to improve the condition of women inmates in prisons. NCW contains recommendations for improving the condition of women inmates. These inspections have emphasized the need to create a better, safe, gender-sensitive, environment for inmates of custodial homes. NCW has also devised a comprehensive approach for the inspection of the jails and it obtains crucial information from the superintendents of the prisons of all states which is then used to analyse and identify the deficiencies in the women's ward.

Types of Prison Visiting System

Functional Variations across regions/states/High courts

Prisons fall under the State subject under the Seventh Schedule of the Constitution of India and are governed by the Prisons Act, of 1894. The management of prisons and the administration of prisoners is the prerogative of state governments. State governments also have their respective Prison Manuals. Various advisories and empowered committees such as the Mulla Committee on jail reforms in India, have recommended the need to incorporate progressive amendments in outdated laws and the need to adopt transparent, open and accessible prison visiting system mechanisms.

Maharashtra

The state of Maharashtra has taken some progressive steps in this endeavor and specifies rules and qualifications for a person who can be eligible for appointment as a non-official visitor in the prisons. Rule 6 of Chapter XV of the Prison visitors manual of Maharashtra provides for the appointment of non-official visitors apart from the members of the Maharashtra Legislature that is made subject to sub-rule (4), that recommends the appointment of the non-visitors including the people who are interested in the administration of prisons and are likely to participate in endeavors that could contribute to the welfare of the prisons, both while they are in the prisons and after their release. This provides a progressive model that could be adopted by the other states in India.

Andhra Pradesh

The Andhra Pradesh Prison Rules 1979 also provides an insightful approach mandating all the official visitors to meet and inspect the prisons once in a quarter. They are mandated to talk to the prisoners, hear any complaints and satisfy themselves that the living conditions are satisfactory. The challenges include that most of the time almost all the district collectors are unaware that according to the prison manual, they are ex-officio chairpersons for the Board of Visitors.

Research that engages with the Prison Visiting System

Looking Into the Haze – A Study on Prison Monitoring in India

Commonwealth Human Rights Initiative's (CHRI) 2016 report, critically examined the state of prison oversight in India, focusing on the functionality of Boards of Visitors (BOVs). These boards, comprising both official and non-official members, are mandated to ensure transparency, accountability, and humane conditions within prisons.

It found that despite being legally mandated, BOVs are often not constituted, or are not functioning to their full capacity, failing to function properly. In many states where BOVs have been established, prison inspections are conducted scarcely or not at all. The NOVs, mandated to be the civil representatives of society, are not always appointed. Even when they are, they aren't given proper instructions and guidelines for their work. This report highlights the shortage of staff, including medical personnel and health professionals. It talks about the high rates of suicide amongst prisoners and its causes, disproportionate representation and so on. Finally, it provides recommendations to help reduce and eventually end the problems highlighted.

Streamlining of Visiting System in Prisons

The Bureau of Police Research and Development (BPR&D) in its 2016 report, examined the conditions of visiting systems in prisons in different states and questioned the efficacy of the prison visiting system currently established in India. It suggested possible reforms that states can undertake. This report advocated for a more detailed study to evaluate the actual impact of the prison visiting system to help in the reformation and rehabilitation of prisoners In addition, it suggested measures to streamline the functioning of the system to make it a stable institution for bringing about prison reform.

The report revealed significant inconsistencies and inefficiencies in the prison visiting systems across the surveyed states. Many prisons lacked standardized procedures for scheduling and conducting visits. Security protocols were often inadequate, posing risks to both inmates and visitors. Additionally, the absence of proper identification and verification processes sometimes resulted in unauthorized access. Furthermore, visiting hours were not uniformly implemented, causing inconvenience to visitors and disrupting prison routines. There was also a lack of basic facilities such as waiting areas, restrooms, and information desks, which adversely affected the visiting experience.

To address these issues, the BPR&D recommended some measures—to develop and implement uniform guidelines for prison visits, including scheduling, identification, and security checks. Upgradation of facilities to include comfortable waiting areas, adequate restrooms, and clear signage to assist visitors. The introduction of computerized systems for scheduling visits and maintaining visitor records to streamline operations and enhance security. Provision of regular training to prison staff on managing visits effectively and courteously, ensuring a balance between security and hospitality. It also suggested the dissemination of information about visiting procedures through various channels to educate the public and reduce confusion. By implementing these recommendations it is expected to create a more organized, secure, and humane visiting environment in prisons, benefiting inmates, visitors, and prison administration.

Prison Visitors: A Reality Check

CHRI's 2011 report on Rajasthan's prison visiting system highlights significant shortcomings in the appointment and functioning of Non-Official Visitors (NOVs), who are intended to serve as independent monitors of prison conditions. Their analysis revealed no fixed criteria for the appointment of NOVs with most appointments made on the basis of political affiliations rather than merit or qualification. It notes that Boards of Visitors (BOVs), which should include both official and non-official members, are often non-functional. In 2012, CHRI found that no jail had a constituted BOV, and while NOVs were appointed in some jails, their engagement was minimal. The lack of structured appointments, training, and accountability mechanisms has rendered the prison visiting system largely ineffective.

Way Ahead

There are significant challenges in managing socially disadvantaged inmates, including shortages of manpower, funding, training, and the right attitude. However, these issues must be addressed through a collective effort involving the government, the public, and the prison staff. Some prisons demonstrate exemplary use of the resources at their disposal, and studying these facilities can be highly instructive. It is important that prison visitors from various states are given opportunities to visit such model prisons to understand their functioning and explore how similar conditions can be replicated elsewhere.

These exemplary prisons, often housed in relatively new buildings constructed according to modern standards, including adequate personal space, proper sanitation, medical care, hygienic kitchens, recreational areas, separate entrances for women’s sections, vocational training spaces, prison factories, staff quarters, and secure dormitories offer a glimpse into what a well-designed custodial institution can look like.

Such institutions highlight how purposeful and cooperative engagement among prison officials, police, and the judiciary can significantly alleviate the hardships faced by inmates. Moreover, the involvement of sincere and capable non-governmental organizations in prison reform can greatly enhance the rehabilitation process after release. In this context, the role of Prison Visitors, both official and unofficial, is crucial and invaluable.

Prison Visitors can, with a constructive approach, bring systemic deficiencies to the attention of the authorities before they become severe. They can facilitate collaboration between the prison administration and philanthropic organizations, enabling social work to extend into prison spaces where a neglected population awaits societal support. Furthermore, Prison Visitors can help prepare the public to overcome prejudices against those who have committed minor offenses and seek reintegration after a period of reflection and remorse.

Therefore, the institution of Prison Visitors is not just desirable, it is essential for fostering a rehabilitative and humane environment within prisons. It must be reserved and strengthened if we are to open prison doors, metaphorically, to broader societal involvement, with the aim of making incarceration less dehumanizing and more constructive for those who endure it.[1]

References

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