How prisons and prisoners must deal with the pandemic

The prison health system, which has been found wanting, is ill-equipped

jail-prisoner Representational Image | Shutterstock

The COVID-19 pandemic has thrown life out of gear for the general population in ways that none of us could ever have fathomed. The chaos, the challenges emerging on a daily, perhaps even on an hourly, basis has been tough to grapple with. In the midst of it all, there is a population that even in the best of times, receives least attention—individuals lodged in prisons and several other such closed institutions. One may perhaps argue that the Supreme Court and state High Courts, the National Commission for Women and several other such relevant bodies have passed orders for the release of prisoners and given guidelines relevant to prevention and control of the pandemic. However, the outbreak of COVID-19 in Arthur Road Jail earlier this month and the Jaipur District Jail over the last week, raises certain pertinent questions as regards the sufficiency of these measures.

It is important to note that the Prison Statistics India Report has mentioned overcrowding as a persistent problem over the years, yet there seems to be no respite as far as this issue is concerned. The pandemic guidelines provided for the release of prisoners belonging to certain specific categories. But that was simply not enough. Take for example, the data related to Karnataka. While it has been mentioned that 1,198 prisoners have been released from various prisons across the state either on bail or parole from 23rd of March (initial days of the lockdown) till 19th April, well into the lockdown, the net change in the prison population has been only 659 inmates. Though 1,198 prisoners may have been released as on the 19th of April, 539 people have entered the prisons across the states during the same time period, showing that the decongestion exercise has proven to be futile.

The prison health system, which even in the best of times has been found wanting, is ill-equipped to deal with any eventuality. The burden is then shifted on to the public health system to spread itself thin and cater to the prison population as well. Considering the absolute lack of the possibility of social distancing, the rate of the spread of the infection is likely to spare none, neither prisoners nor the staff manning the prisons. It’s a ticking time bomb waiting to explode.

The list enlisting the unpreparedness and the inadequacy can span every nook and corner of the system. But as much as one may want to or like to, the system cannot be changed overnight. What one can do is retain the focus to the here and now, to what more can be done to safeguard people in the prisons, both prisoners and staff in the eventuality of an outbreak.

These are unprecedented times and they call for unprecedented measures. No time demanded for the spirit of the law to lead from the front than the times we are in right now. The primary onus lies on the judiciary, under whose custody, prisoners are lodged. It is up to the judiciary to rise to the occasion and put measures that will ease the burden on the system. “Innocent until proven guilty”—the very core of judicial principles, needs to be applied now more than ever. Rather than limiting bails based on the offenses, it is imperative that the judiciary exercises its power to save lives and grant more number of people bail, perhaps with doable conditions, too. A little more creativity can allow for community service, even within their own communities in coordination with local agencies such as the police, panchayats, etc. In fact, even a quick crash course on first aid for those prisoners who have completed/discontinued their high school education can make way for good community volunteers back in their home jurisdictions. The convicts too can be  roped in and be equipped to assist within the prisons in the eventuality of an outbreak of the pandemic.

Governments across several states have made provisions for release of convicts on parole, barring those convicted for certain kinds of offenses. Large numbers of convicts are still left behind. However, they are the best bet when it comes to having an extra pair of hands to help manage the prisons internally. Training convicts to lead this battle at the level of each barrack will be one of the most critical preventive measures. A rigorous daily routine of personal and collective hygiene, monitored by the convicts themselves, with mandatory daily reporting on the health of every prisoner in their barrack, prioritizing prisoners according to the need for treatment, will act as a filter, allowing only for the most needy to approach the doctors and nurses in the prison. The fragile health system within the prison will need to be strengthened from within and from the outside, through additional helping hands at both ends. Additionally, a boost to the existing menu, covering both variety and nutrition, will help enhance both the physical and mental health of the prisoners.

One of the areas where the inmates have been most hard hit has been with regards to visits from their families. It has been more than a month since families or advocates have been banned from visiting prisoners, in order to avoid potential carriers from the community becoming the cause of transmission into the prison. This lack of contact with families is bound to make inmates edgy and cause a strain on their mental health, too. Cases of depression will undoubtedly have been set in motion already, tempers are likely to flare, as it was seen when a riot broke out in Dum Dum Central Jail in West Bengal. While curtailing family visits is imperative, increasing the phone time as compensation to the lack of visits will have a calming effect. Prisoners’ apprehensions about their families’ well-being will be put to rest by prolonging phone conversations and also increasing the frequency of the same. Phone calls via mobile phones introduced by the Department and regulated by the staff, can be used temporarily to ease the burden on the limited communication systems within the prisons.

The value of being positively engaged goes a long way in enabling the mind to change focus from the distress that these uncertain times are likely to cause. While prisoners already employed will perhaps be continuing in their work, introducing writing materials, art materials (clay, paints, etc), musical instruments, board games, sports, etc for those who are absolutely not in touch with anybody entering the prison, will go a long way in easing the pressure on prisoners minds and also enhance their physical health.

Even with the best of the measures within the prison, preparedness implies being ready for the worst-case scenario. Our existing health systems are definitely not equipped to deal with the need for exclusive wards for prisoners, their security detailing and other such requirements. It is therefore imperative that governments across the states identify closed enclosures such as institutional spaces in universities, schools, colleges, etc where in the case of the pandemic affecting the prisons, prisoners who are unaffected can immediately be shifted to these locations, away from those who have been affected. Exclusive enclosures for men and women should be designated in advance so that relevant logistics can also be pre-arranged. Some of the pressing concerns would be provision of food, cooking, distribution of food etc The equipment can be hired locally from the tent-house providers, while convicts themselves can be recruited to take care of the cooking, cleaning and distribution needs. In fact, safety details too can be taken care of if their work details include guarding and security, too. One may raise the question of discipline. There can be no greater incentive than remission in exchange for discipline from the convicts. Associating their cooperation with grant of remission will make this a positive move with benefits that will make a difference to their entire sentencing period.

Some of the suggestions mentioned above may seem unconventional, not according to the rulebook. There can be no better times than these for the law and the powers that be to step and save the lives of those under a lifelong lockdown. Let’s not wait for the fire to break out and then think of how to contain it. It is imperative that the preparedness becomes a priority, for that and that alone will determine what this pandemic may land up costing us all. It would do well to remember that every prisoner is a human being deserving of as much attention and regard as any other, any of us and so is his or her life as precious as any other.

Cecilia, Kishor and Siddharth are part of an independent collective Prisons Forum Karnataka