Juli Jha
Maharashtra National Law University, Mumbai
The Corona virus pandemic has had an impact on a spectrum of social and economic activities. The outbreak has left the world locked up as medical infrastructure strives to cope with the unprecedented crisis. It’s like a world war situation except we’re all on one side![i]
So far in the absence of any vaccine the best way to prevent contracting the infection is to avoid any exposure to this virus. This has led to strict and desperate measures like the lock-down enforcement and effective social isolation for all.
Although India is the second-most populated country in the world and has vast numbers of people living in congested and unhygienic conditions, the infection rate of COVID-19 with its population of 130 crores is comparatively small. Amongst the various measures taken by the Government to give effect to social distancing, one interesting move has been the decision to temporarily release prisoners.
Parole Pause on Pandemic:
It comes as no surprise that social distancing is not possible behind bars which intensifies the possibility of spread of the corona virus in the prisons. Thus, in order to decongest prisons on 23rd March 2020, the Supreme Court ordered all States and Union Territories to create high-level committees to consider the release of prisoners under parole or interim bail for crimes involving up to 7 years imprisonment. Given its ramifications, an analysis of the SC’s decision is imperative:
- Overcrowded jails– According to a report of the National Crime Record Bureau, in 2018 India had some 4,50,000 prisoners in jails, which exceeds the country’s official prison capacity by about 17 percent. The highest occupancy rate is over 50% in New Delhi and Uttar Pradesh having 17% more prisoners than their maximum capacity making Indian jails infamous for being overpopulated.[ii] Apart from male and female prisoners, a large number of children are also present in the jails their age ranging below 5 years.[iii] Now, when social distancing is the only way to break the infectious chain, this kind of overflow in the prisons is a serious concern, because these prisons can emerge as potential hotspots for the virus, the everyday routine of inmates and staff providing a mature environment for the transmission of infections. Experts from the United Nations and the World Health Organization have also called on governments since the pandemic to reduce the number of inmates in the prisons.[iv]
- Health & Hygiene Facilities– Soaps, hand sanitizers, masks, hygienic habits, social distancing, and quarantining are the indispensable essentials today or we can say it is the new norm created. Following these conditions at home and at workplace is different than enforcing the same in prisons. It is not realistic for prisoners who live in jails, where they stay, work, eat, sleep, and even bathe in a communal arrangement.[v] With the shortage of medical facilities and hygiene issues, it is very difficult to disinfect cells. The majority of physicians are undertrained and they do not have any special training to work in prisons. Prisoners have also had poor health and insufficient access to health care before imprisonment. As a result, half of the inmates either have serious medical or mental health issues which in turn results in an increased risk of COVID-19 problems amongst the inmates.
Hence, The outbreak of coronavirus in India’s chronically overcrowded jails has forced authorities to enforce prison lockdowns and free thousands of pre-trial prisoners on parole, as medical experts fear that the inadequate facilities serve as breeding grounds for the infection. Granting parole—release for a temporary period— under the provisions of the Prison Act 1894 and Prisoners Act 1900 is one of the important steps taken to prevent spreading of the virus.
Parole Operation by States:
To comply with the SC order, the State Governments have responded proactively. Maharashtra Government announced to release some 11,000 prisoners on 45 days parole, but only those whose sentence duration is less than 7 years and around 4,060 have already been already released as the state government has informed the Apex Court.[vi] Uttar Pradesh’s government also proposed to release around 11,000 prisoners for eight weeks on parole, but the final decision lies at the discretion of prison committees. Asia’s largest prison complex, the Tihar jail which falls under the Delhi government has also recommended releasing 1,500 convicts as well as under trial prisoners. The Delhi government released a notification implementing a 2 months “Emergency Parole” clause in addition to normal parole open to inmates. The State of Haryana has also demanded that the prison authorities draw up a block calendar on food and other facilities to prevent overcrowding in prisons and some other states like Andhra Pradesh, Uttarakhand, Punjab, and Ladakh also identified and categorized prisoners in different groups according to their health conditions. Some states like Manipur, Odisha, and Gujarat did not submit any report regarding their steps towards the cause while some others like Rajasthan and Jharkhand have decided to transfer prisoners from the more congested prisons to less congested ones.
Global Scenario of Parole Operation:
The global health crisis has also forced governments in other countries around the world to take similar measures. Iran immediately released 85,000 prisoners to counter the spread of coronavirus. A substantial number of inmates were released as precautionary measures by the United States as well. In Texas, the State Corrections Department has estimated 15,000 inmates who are given parole,[vii] the State Prison system in California has also sanctioned early release of 3,500 prisoners in addition to suspending visitation sessions as well as any volunteer programs.[viii] In Australia, New South Wales was the first government to direct prison authorities to release detainees based on specified criteria determined by sex, age, disability, fitness, and length of time served.[ix]
Impact of Parole:
Other measures adopted by the State Governments in furtherance of the SC order included the establishment of isolation wards, the quarantining of inmates including foreign nationals, scrutinization of inmates, staff, and suppliers of services, the provision of masks as well as restrictions on visitors and suspension of cultural events in the prison. Though the efforts are appreciated it is also important to take note that by such releasing of the prisoners the prison administration only shifts the responsibility to the society which may not be the best. In fact, in some prisons, inmates do not even want to return home because they consider the prison premises to be much safer.
According to Kiran Bedi, Lieutenant governor of Puducherry, & former IPS officer, this is an extraordinary situation that was unforeseen leaving no prior references/guidelines on the matter. Hence, this kind of challenge should be managed systematically.[x] It is important to ensure that prisoners are under some sort of pressure and self-surveillance in order for them to remain crime-free. For this purpose, the Court may direct that the released prisoners must report at the nearest police station from time to time about their current activities. There is a possibility that some convicts after release can cause harm to the victims again. Needless to say, a balance between liberty and security must be established.
REFERENCES:
[i] Bill Gates, ‘The First Modern Pandemic’, 23 April 2020, available at gatesnotes.com
[ii] Chaitanya Mallapur, ‘Covid-19 overcrowded jails to release prisoners on parole but, this may just kick the can’, 25 March 2020, available on https://www.indiaspend.com/covid-19-overcrowded-jails-to-release-prisoners-on-parole-but-this-may-just-kick-the-can/
[iii] Tanushree Pandey, ‘Corona Virus- India’s packed prisions raise covid 19 alarm’, 30 Mrach 2020, available at: https://www.indiatoday.in/mail-today/story/india-packed-prisons-raise-coronavirus-alarm-1661136-2020-03-30
[iv] Rise in virus cases in crowded Indian jails prompts concerns, 3 May 2020, available at: https://www.indiatoday.in/india/story/rise-in-virus-cases-in-crowded-indian-jails-prompts-concerns-1673812-2020-05-03
[v] Martha Hurley, ‘Why prisoners are at higher risk for the Corona virus-5 question answered’, 17 April 2020, available at:https://theconversation.com/why-prisoners-are-at-higher-risk-for-the-coronavirus-5-questions-answered-136111
[vi] Report of Hindustan Times, available at: https://www.hindustantimes.com/india-news/coronavirus-outbreak-maharashtra-govt-releases-over-4-000-prisoners-to-decongest-jails/story-nuYNPYXO3wO3QC6kHWItQJ.html
[vii] Beth Schartzapfel, ‘A Dangerous Limbo: Probation and Parole in the Time of COVID-19’, 6 May 2020, availabe at: https://www.themarshallproject.org/2020/05/06/a-dangerous-limbo-probation-and-parole-in-the-time-of-covid-19
[viii] Paige St. John,’ California to release 3,500 inmates early as coronavirus spreads inside prisons’, 31 March 2020, available at: https://www.latimes.com/california
[ix] Thalia Anthony,’Coronavirus is ticking time bomb for the Australian prison system’, 26 March 2020, available at: https://www.theguardian.com/
[x] Kiran Bedi, ‘Prisoners on bail must exercise some self-surveillance and report to police station at regular intervals’, 31 March 2020, available at: https://theprint.in/talk-point/jails-give-covid-19-parole-can-overstretched-govt-track-prisoners-movement-and-behaviour/392089
