A video circulating among long-term prisoners out on bail features Revanth Reddy’s interview on “Open Heart with RK” in July 2015. Revanth Reddy had then served time in a central prison as an undertrial prisoner, accused of bribery to legislators for voting. In the interview, he speaks of significant challenges faced by prisoners.
Inequality before law
The court had granted Revanth Reddy the status of a special prisoner in June 2015. The prison authorities appointed a life-sentenced prisoner, Nagaiah, a Dalit, as his cook and assistant. Oblivious to unequal class and caste status before the law, Revanth Reddy genuinely admires his common sense regarding the political developments in the state. In a land dispute with his uncle, Nagaiah accidentally caused the death of an infant. Consequently, he was serving a life sentence.
There is no doubt that the majority of offenders like him offend on a sudden provocation. The number of organised offenders is still relatively small in prisons. Organized offenses obviously require a fair amount of literacy, technological skill, and resourcefulness. Such resourcefulness, of course, helps them to escape from the penal system. Consequently, they constitute the smallest minority.
Hardening attitude
However, we often demonstrate an indiscriminately tougher attitude towards the prisoners. This harshness has increased tremendously in Telangana, signalling the rise of a new power elite. The state has released life prisoners only twice in the last ten years. During the same period, they were released four times in the neighbouring Andhra Pradesh.
In 2016 and 2020, Telangana released those who completed seven years of actual sentence with three more years of remission for their good behaviour. Although the policy was announced after a long break, many were not released. The reasons are many. Firstly, while it laid down five criteria to qualify for release, it exempted 19 categories of prisoners as disqualified. The exempted criteria include prisoners’ indiscipline. Those who committed offences against women, children, NDPS Act and public servants were some of the categories declared ineligible. It is possible that Nagaiah is still languishing in jail as his offence is arbitrarily interpreted as committed against a child. The state declared that such prisoners will be released after completing 18 to 24 years of incarceration.
By 2020, the number of disqualifications for the release of prisoners had increased to 28 categories. It declared that those who committed offences against public servants and girls would be considered for release after 20 to 24 years. The state also announced that life convicts previously detained under preventive detention laws are not eligible, even after completing 14 years in prison. The impact of this policy will be felt deeper after a decade as preventive detentions of the accused in all sorts of offences are increasingly invoked these days. For instance, the state detained 393 offenders in 2022 alone.
Consequently, life prisoners have become deeply anxious and depressed. Previously, those who committed offences under the SC and ST (POA) Act were also barred from early release, but that is no longer a condition. It is not argued that those who offend against the marginalised should be jailed indefinitely. This is just to point out the changing political choices. But the irrational criteria for the release of prisoners must be removed to create a democratic and transparent method of reviewing their sentences.
There is no democratic process for releasing prisoners.
Many reasons exist for subjecting the prisoners to such an autocratic process. The first reason is that the system lacks an imagination regarding what constitutes reformation among prisoners. Furthermore, it lacks a method for capturing the transformations that prisoners undergo. As a result of this lack of imagination, the sentence review board, which is responsible for reviewing the effectiveness of sentences every three months under the law, has not met for decades. Consequently, the state has been deciding releases solely based on the gravity of the committed crime. This implies that the system disregards the significance of depriving offenders of decades of freedom. It completely overlooks the goal of transforming the prisoners.
Prison offers perspective to everyone
In the interview, Revanth Reddy said that a month’s imprisonment has put his life in perspective and set his life’s direction. This is true even for ordinary prisoners. Years of imprisonment provide a direction to their lives. They can’t help but wonder about the fate of their lives. Their indefinite prison terms definitely tell them early on why their lives have taken wrong turns. Many prisoners realise that they can remain sane only by engaging in nonstop work. Deeply melancholic, they experience a sea change in their attitudes. However, the system does not create opportunities to get back to normal life.
Are prisoners a source of cheap labour?
Revanth Reddy further speaks about how the prisoners were paid just Rs. 30 per day as wages. While it has been increased to Rs 70 now, Karnataka pays prisoners Rs 663 per day, Delhi Rs 308, AP and Tamil Nadu Rs 200, Puducherry Rs. 180, Bihar Rs 156, and Odisha Rs 145. The value of goods produced per inmate in Telangana is Rs 52,331 per year, which is second highest after Tamil Nadu. The revenues of the state from the prisons have soared to Rs 800 crore per year in 2022.
The wage paid in Telangana is difficult to justify by any standards. It is impossible to support their families with the meagre earnings. They save only Rs 40,000-80,000 after a decade of sweating. They allege that the government tightened the criteria for their release as the revenues from their labor soared. Revanth Reddy’s government needs to examine the ethical implications of treating prisoners as cheap labour. Why can’t the state pay them an amount equivalent to the value of their labour? Instead of considering them as a source of cheap labour, thoughtful consideration must be given to their rights, their potential for reintegration into society, and the overall goals of a fair and equitable criminal justice system.
Preserving social status quo is reformation?
Revanth Reddy casually points out another thing: the prison authorities identify the professional experiences of the offenders – gardening, cooking, and haircutting – outside and assign them such jobs. It is unnecessary here to remind readers of the relationship between professions and castes. This has been happening in all the jails for the last two centuries. The investigative report in The Wire on how caste governs prisons in Rajasthan has led to amendments in the prison manuals recently. Revanth Reddy must examine whether this relationship between caste and nature of work has been influencing the government’s attitude towards low wages for prisoners.
Review prison practices
Until 1984, politicians involved in the political feuds of Rayalaseema and the Naxalites were imprisoned in sizeable numbers. The governments had a stake in releasing them within five years. Since 1994, they started releasing them after completion of seven years as prisoners. These generosities were by default extended to ordinary prisoners. The strong rights movements were also vocal on the rights of prisoners. Their gradual weakening has left the prisoners defenceless.
Implications
Indefinite sentences for public protection in the US is considered as the single greatest stain on the criminal justice system. The government must understand the ethical implications of these ‘never-ending sentences’ on the prisoners. They create uncertainties for prisoners and their families. The lack of a specific date leads to a loss of hope, making it challenging to plan for their future. Without hope, what would induce them to motivate them to improve themselves? Indefinite sentences are a form of cruel and inhumane treatment of prisoners. This does not offer opportunity for their reintegration. The uncertainty damages their sanity and well-being. Given the pervasive inequalities, indefinite sentences impact certain sections of society more than others. The Congress government, which claims to restore democracy and civil rights, should comprehensively review prison policies and practices and their impact on the lives of prisoners.
Murali Karnam teaches at NALSAR University of Law, Hyderabad.
