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Kamal Shaikh was only 18 when he was convicted of murder and sentenced to imprisonment for life in Delhi’s Tihar jail. Sixteen years later, in October 2020, Shaikh was granted premature release by the Lieutenant Governor of Delhi on the recommendation of the Sentence Review Board. In its recommendation, the Board had cited “family responsibilities”, “successful completion of programmes”, and “satisfactory behaviour during incarceration”, as reasons to justify his release.
While Shaikh was allowed to walk out of prison, he was denied the rehabilitation that could help him reintegrate into society. Left stranded, his release from prison, has ironically, sentenced him to poverty.
The denial of the grant subjected the released prisoners to acute economic and psychological stress, which was aggravated by the breakdown of social and economic opportunities due to the pandemic.
After serving their sentence, prisoners in Delhi are entitled to a post-release rehabilitation grant under the Delhi Rehabilitation Grant to Released Prisoners Rules, 2012. The grant is given by the Delhi government’s Department of Social Welfare. The quantum of grant to the released prisoners who have spent a period of incarceration above ten years is Rs. 50,000 for men and Rs 55,000 for women.
A released prisoner is supposed to make a request for the grant before the Jail Superintendent within three months of release along with a filled-up prescribed form and an income certificate issued by the government. The request is then be forwarded to the Chief Probation Officer for verification and convening the meeting of the Assessment Committee. The Assessment Committee scrutinises all the requests along with the reports of the Prison Welfare Officers and makes recommendations for the grant. The grant is then finally released by the Social Welfare Department.
To corroborate the narratives of prisoners struggling to sustain themselves after release from jail, The Quint filed RTI applications to all 16 jails of the Tihar prison complex and to the Department of Social Welfare, Delhi government. The RTI applications sought data on the existing policy on post-release rehabilitation, the procedures and conditions for disbursement of grants, the offence-wise and gender-wise data on the ratio of total number beneficiaries to total released prisoners.
The prison department and the social welfare department did not furnish data on the gender and offence of the beneficiaries or the actual amount disbursed to each of the beneficiaries. So, the question still remains as to whether the paltry lot of prisoners who benefitted from the scheme were actually given the quantum of grant specified in the scheme.
A senior probation officer in Delhi’s Social Welfare Department who did not want to be named told The Quint that the existing grant slabs were set in 2010 and have not factored in a steep hike in inflation and decline in employment opportunities since then.
The prisoners interviewed by The Quint said that they were neither informed about the rehabilitation scheme nor given the requisite forms at the time of their release. Such concealment of information, they believe, deprive a lot of prisoners of the grant they might be entitled to.
When the quint informed the Social Welfare Department about the behaviour of the prison guards, they asked us to inform the prisoners to apply for the documents online and send them via post.
Professor Vijay Raghavan, India’s leading criminologist and a professor at Tata Institute of Social Sciences, Mumbai, thinks that such an appalling rate of implementation can also be a sign of a lack of budget. Professor Raghavan’s own research on the rehabilitation of prisoners in Maharashtra had revealed that the budgeting for rehabilitation schemes was woefully inadequate.
While procedural hassles and lack of awareness about the rehabilitation scheme do contribute to its inadequate implementation, the gap in the statistics forces one to look for more reasons. Is the budgeting completely divorced from the ground reality? Are funds getting properly utilised? Or is there a complete lack of will on the part of the involved authorities.
Ravinder (56), was released from Tihar’s Jail No. 2 in March 2020. Instead of being welcomed to a sense of liberty he had envisioned, he was forced to another form of confinement - lockdown. Ravinder holds no formal education, could not participate in “skill-development programmes” inside the jail due to his old age and recurrent health issues. At present, his son is unable to run their street-side stall selling Momos, due to the lockdown.
Kushal Kumar, who served 15 years in Tihar’s Mandoli Jail and Jail No. 2 for murder, completed a diploma in computer application and a postgraduate certificate in cyber laws during his sentence. However, after his release, he was denied a job by 8 organisations. Kumar believes that he will never get a job due to the stigma of being an ex-convict.
Kumar believes that the problem lies with the “design of the system” itself. He believes that the prison department should itself offer contractual jobs to released prisoners. “After all, they’ve seen our work, they know we can do it”, he said.
Rajesh Singh, who was out on emergency parole before his official release under the orders of Delhi’s High Powered Committee for decongestion of prisons, told The Quint that the government rules must change.
All the 15 prisoners that were interviewed believe that the entire policy on post-release rehabilitation grant needs a rehaul. The current provisions put an unnecessary burden of documentation on prisoners, which entangles their post-release life in bureaucratic red-tape.
The narratives of the prisoners reveal the state’s acute apathy towards the needs of those who come out of the prison after serving a substantial amount of time.
Eleven out of the 15 prisoners complained about not receiving any psychological counselling to prepare for life after 16-18 years in prison. They felt “abandoned”, “forgotten”, and some, even “betrayed”.
Professor Raghavan told The Quint that no government wants to take the responsibility of rehabilitation of prisoners and persons released or discharged from women and children's institutions.
Professor Raghavan believes that the discourse on rehabilitation should move beyond monetary grants and include psychological support as well. He claims that at least for 1-3 years post release, released prisoners and their families require some kind of psycho-social “hand-holding”.
The need to ensure adequate rehabilitation for the released prisoners is not just an issue of individual justice, but also of community welfare. Effective post release rehabilitation would assist desistance, and ensure that released prisoners do not suffer mental health issues, or take to substance abuse, or turn towards illegal activities to make ends meet.
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Published: 20 May 2021,06:52 PM IST