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Mumbai Contrary to claims made by the Maharashtra Department of Homes and Prisons that utmost care has been taken to save prisons from the COVID-19 outbreak, cases of infection have increased in state prisons.
Days after 103 people, 77 prisoners and 26 prison staff, tested positive for coronavirus infection at the Arthur Road Central Prison in Mumbai, two more people, a prisoner and a doctor, were reported to be infected in Byculla Women’s Prisons.
The prisoner, a 54-year-old woman, had undergone the test twice. Although his first test showed a negative result, the subsequent test was positive. Prison officials confirmed that they took her to the JJ State Hospital after she showed signs of acute breathing problems. “She has been transferred to St George hospital at this time,” said a senior prison official attached to Byculla prison. Similarly, another medical officer, who prison authorities claim not to have reported working for more than 20 days, has also tested positive.
As of March 31, Byculla Prison had 352 prisoners compared to its actual capacity of just 200 prisoners, which translates to an occupancy rate of 176%. Although it has been designated as a special prison intended solely for holding female prisoners, male prisoners, arrested for minor offenses, are also housed in a single room built within the prison premises.
However, after the Supreme Court order to decongest prisons across the country, nearly 147 prisoners have been released from Byculla prison, confirmed Yatin Game, secretary member of the Mumbai District Legal Service Authority (DLSA ).
People housed in Byculla prison include civil rights activist and lawyer Sudha Bharadwaj and a retired professor at Nagpur Shoma Sen University. Both women have been registered under the strict Illicit Activities (Prevention) Act for their alleged role in the Elgar Parishad case handled by the NIA
So far, three prisons – Arthur Road Central Prison, Byculla Women’s Prison, and Satara District Prison – have reported cases of COVID-19 infection.
Archive image of the Arthur Road Jail in Mumbai. Photo: PTI / Mitesh Bhuvad
Children in jail
The concern at the moment is the 26 children, all between 0 and 6 years old, who have been housed with their mothers in prison. These children, since the confinement began, have been transferred to a separate room with their parents, according to prison authorities.
In 2006, the Supreme Court had issued guidelines in the RD Upadhyay vs. AP Case Status to ensure that certain basic standards are observed with respect to the children of female prisoners. The court had noted that although prison is not a place to raise a child, they may have to remain in jail through no fault of their own. Given his reasoning that children should not be separated from their mothers in their formative years, especially when close relatives are not willing or available to care for them, the court had said that children should be allowed to remain with female prisoners until the age of six. years, but not after that.
However, the state had to ensure that the fundamental rights of children in prison are protected and that they have the right to food, shelter, medical care, clothing, education and recreational facilities as a matter of law.
The situation to which most children are exposed at the moment is cause for concern, said Vijay Doiphode, chairman of the Committee on Child Welfare (CWC) in the city of Mumbai. “Children can be kept at no cost in such an insecure place. Special arrangements must be made to urgently move children and their mothers to a safer space, ”said Doiphode.
Since the closure was imposed, most state jails have stopped receiving new prisoners. Even then, the cases have only skyrocketed. In addition to Byculla, in the Kalyan District Jail, some 16 children are housed with their mothers. In total, there are at least 100 more children in state jails.
Status of women’s prisons in India
Although Maharashtra has 60 prisons, it only has one prison specially designed to house female prisoners. In total, there are only 24 women’s prisons with a total capacity of 5,593 prisoners in 15 union states and territories. Since special women’s prisons are scarce, most female inmates are housed in a small confined space for male prisoners. Prison systems are structured and operate with male inmates in the facility, and most arrangements, while deficient, are made to accommodate them, while the needs of female inmates are invariably overlooked.
The high-powered committee, formed following the apex court order on March 16, has met four times so far, twice in the month of March and twice in April. The committee, chaired by the practicing judge of the High Court of Bombay A.A. Sayed is scheduled to meet on May 11. DLSA Secretary Game said women and children are one of the concerns to be addressed at the next meeting.
“We are trying to create new ways to get more women, especially those with children, to be released,” Game said.
Women in peak cases are reported as co-accused for aiding or assisting their male counterparts in a crime. “These women are primarily dependent on male family members who are already incarcerated in another prison. Furthermore, the majority of women in Mumbai prison are from another district or, in some cases, even from other states. It’s a practical problem right now, “added Game.
Efforts made to decongest state prisons so far
The state’s interior minister had claimed that at least 11,000 prisoners would be released on emergency bail and parole to decongest state prisons. However, so far only 5,500 prisoners have been released. Of these, 1,300 have been released from just four jails in Mumbai: Arthur Road Central Prison, Byculla Women’s Prison, Thane Central Prison, and Taloja Central Prison. The state home department has yet to decide on the release of convicted prisoners.
In total, Maharashtra has 60 prisons with a capacity of 24,032 prisoners. At the end of March, more than 36,000 people were housed in prisons across the state. Among them, Arthur Road Central Prison remains one of the busiest, with nearly 2,800 prisoners when the prison capacity is only 804 people.
On March 23, the superintendent of Arthur Road Prison, N.B. Vaychal had expressed concern about the increased burden on his prison. In a letter written to the Chief Metropolitan Magistrate, Vaychal said that more than 3,700 prisoners have been housed in a space for 800 people and it is becoming difficult to handle the load, even more so at the time of a global pandemic. He had sought an urgent bail agreement for those on misdemeanor, and a “temporary bail” for those on serious charges.
The letter, however, was not applied. Instead, some prisoners were transferred to the Taloja Central Prison.
The letter written by Superintendent of Central Prison Arthur Road N.B. Vaychal in March.
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