Indian Political Science Association

BEHAVIOURAL SYNDROME OF WOMEN PRISONERS IN INDIA

Author(s): Muktikanta Mohanty
Source: The Indian Journal of Political Science, Vol. 74, No. 4 (October - December, 2013),
pp. 639-648
Published by: Indian Political Science Association
Stable URL: https://www.jstor.org/stable/24701160
Accessed: 05-09-2024 18:41 UTC

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The Indian Journal of Political Science

Vol. LXXIV, No. 4, October-December, 2013, pp. 639-648 (ISSN NO. 0019-5510)

BEHAVIOURAL SYNDROME OF WOMEN PRISONERS IN INDIA

Muktikanta Mohanty

Women prisoners are placed in the criminal justice system both as victims of crime and p
offences. Despite Constitutional guarantees of opportunity and civil rights, millions of p
deprivation and discrimination, then how does it affect women prisoners languishing in jail d
What are the social constraints that prohibit women prisoners from taking appropriate advan
socio-political and legal systems? What are the causes of their plight? Do the state, civil
NGOs fulfill their obligation towards the women prisoners? Should judiciary be more active to
social problem? Should we break the mindset of institutional care for women, which have been
only solution? These are some of the vital questions currently debated and the plights of wom
languishing in jail are also closely linked to this general debate.

Prisoners having higher rates

womenof
are different compared to men.
psychological distress and mental health most of the prison inmates
Traditionally,
problems as compared to the general
are males, and the prison environment is
population are established facts. therefore
However, shaped by the needs of males1 and
the rates are much higher in do the
notcase
cater to the special needs of women
of women in custody; theyprisoners.are more Women in prison have a double
vulnerable for gender discrimination,
disadvantage. The gender disadvantage
neglect, and violence, physical and
anddiscrimination
sexual gets worsened during
abuse. Despite the magnitude of imprisonment,
problems, which is further amplified
upon
little attention has been given to the their
socio release from prison. Gender
psychological, mental health concerns of
sensitive interventions need to take into
women prisoners. Protection andaccount
promotionpsychological distress in a life
of women prisoners' healthstage requires
perspective. As women in prisons are
multidimensional approach starting from
frequently victims of physical and sexual
abuse,
political will, empowerment policy, United Nations on Human Rights
police
and prison reforms, therapeutic Rule 53 of the
approach ofStandard Minimum Rides
rehabilitation and social reforms. for the Treatment of Prisoners states that
women prisoners must only be guarded by
The Relevance of Gender Issues :
female officers2 Male staff continue to have
unchecked visual and physical access to
Women usually lead protected lives but
women prisoners. At times, male staff does
when they come in conflict with law and are
not hesitate to do frisk search on female
imprisoned, they find it very difficult to cope
prisoners. There are instances when prison
with the prison environment. Prison isolates
staff have endorsed and supported bullying
the women from their family and friends.
and verbal abuse of women prisoners, if
The physical and mental health needs of

Prof. Dr Muktikanta Mohanty, Associate Professor, PN Auto. College. Khurda. 0disha-752055

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The Indian Journal of Political Science 640

parents. The physical conditions of the

they do not listen to them.3
home have a vital role to play in the
Problems Investigated:
development of a child's personality
and character.
The condition upon which imprisoned
women is living5. in aenvironments
The jail jail exemplifie are certainly
violation of Human Rights in India.
not congenial for development of Th
legal aid authorities the
failed to eradicate
personalities of the children. thi
social stigma or uphold human
Socialization dignity
patters get severely an
provide emotional affected support due to theirand counsel
stay in prison.
to the women convicts and their children.
Police procedures need to be changed
Treatment of children languishing in jail even as the main burden of tackling
is a state subject in India. The degree of the problem rests with the planners and
neglect perceived in the realm of care and social service agencies rather than the
rehabilitation of these socially handicapped police.
children has been just too shocking.
6. While gender discrimination exists
1. In addition to the common kinds
almost all over the world, it is much
of distress both men and women
greater in some countries; and India
experience in prison, women are moreis definitely one of them. Girls in
vulnerable for gender discrimination,
vulnerable situations such as poverty,
neglect, violence, physical and sexual
disability, homelessness etc. find
abuse.
themselves doubly disadvantaged,
by their gender and the physical,
2. The children languishing in jail with
economic, political, social situation that
their mother are the widest gateway
they find themselves in. It is therefore
to adult crime. The role of the police
imperative to take a gender perspective
in curbing this malaise is important as
into account in examining the situation
they are the ones who have to deal with of children.
young offenders when they commit an
offence. Unfortunately, the workReview done of Literature:
by the police in this regard is far from
adequate. Women prisoners are found to suffer
from a variety of health problems in the
3. Treatment of children languishing custodial environment. A recent study on
in jail is a state subject in India. It women prisoners found that imprisonment
is administered by the prisons or by impacted their health negatively. The
welfare agencies. It is a human problem initial shock of imprisonment, detention
and not necessarily a penal one. in unhygienic facilities, separation from
families and enforced living with other
4. The need for psychological women, suffering drug withdrawal and
communication between the child and
serious mental health problems affects their
his parents calls for an overt expression
own mental health.
of love and affection on the part of

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Behavioural Syndrome of Women Prisoners in India 641

Most of the women in prisons were

Responses of women prisoners were
found negative when enquired aboutunder
theirthe influence of illicit drugs/alcohol
at the time of their offence and most women
eating, seeking psychotropic medication,
drugs, health needs, medical resources are and
in prison on drug-related convictions.
treatments especially during pregnancy. Women have a considerably greater risk of
There are studies which have reported contracting HIV and Hepatitis C from sexual
high prevalence of syphilis among women activity than men. Women who engage
in
prisoners as compared to general population. injecting drug have a particularly high
HIV infection is also high. Women risk through sharing syringes and needles.
They might have had unprotected sex with
prisoners suffer menstrual disorders, stress,
and depression. It is possible that the their drug partners or have been engaged
woman discovers her pregnancy only after in sex work. Women's cultural and societal
incarceration; and in that case staff dealing
conditions might be such that they are not in
with incarcerated women advised her to a position to control their own sexual lives.
terminate her pregnancy. As also women
prisoners are not able to take care of their Studies have shown that the beneficial

young children with them properly while in of treatment components oriented

effects
detention. toward women's health needs in prison

Figure 1: Women and discrimination

Mental illness
Stigma
Physical illness Rejection by family
Gender inequality Sexual violence
Unemployment
Poverty Physical violence Recidivism
Unemployment Self harm
Foeticide Physical violence Lack of
Sexual violence rehabilitation
Neglect " Post-release
Dowry harassment
Illiteracy
Domestic violence Health care disparity Ostradsation
Substance use
Physical abuse Prison
Incest
Malnutrition Burden of
Incarceration
Society J GRAVE
Socially
Disadvantaged
Family J ox®*®
Unsupported and
viewed as a
liability

CRADLE

sustain even after 12 months after release . which means that the turnover rate is high.
The majority of offences for which womenBut, it is found that visit of gynaecological
are imprisoned are non-violent such as consultations at regular intervals, treatment
property, dowry-harassment, drug-relatedof sexually transmitted diseases, family
offences, prostitution, bar dancing andplanning and counseling services oriented
so4. Many women serve a short sentence,to women's needs, care during pregnancy

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 The Indian Journal of Political Science 642

Figure 2: Spectrum of gender specific health care required ill prisons

Gynaecological care for menstrual disturbances, cervical

cancer, breast cancer & sexually transmitted diseases

Obstetric care for unwanted pregnancy,

abortion, child birth & contraception

Physical health care such as for anaemia,

physical violence, sexual violence, infections &
HIV/AIDS

Mental health care for depression, substance

use, anxiety, dissociation & PTSO

Rehabilitation to facilitate social acceptance after release

in appropriate accommodation, care for prisonment in our country is very low, i.e.
children languishing in jail with their 25 prisoners per one lakh of population, in
mother including those born to HIV comparison to Australia (981 prisoners),
infected mothers are not addressed pioperly England (125 prisoners), USA (616 prison
in almost all jails in India.5 ers) and Russia (690 prisoners) per one lakh
population. A large chunk of prison popula
There are 1336 prisons across the coun tion is dominated by first offenders (around
try, with Maharashtra having the maximum 90%) The rate of offenders and recidivists
number (210). Prisons in India are cat in prison population of Indian jails is 9:1
egorized as central jails (111), district jails while in the UK it is 12:1, which is quite re
(293), sub-jails (852), women jails (15), vealing and alarming. Despite the relatively
borstal schools (10), open jails (8), special lower populations in prison, the problems
jails (20), and other jails (8). There are no are numerous.

set criteria - that are common to all the

states and union territories - for differenti Across the country the number of
ating between these prisons. There are very male prisoners in jail across the coun
few prisons in the country that are meant ex 15,406. Female prisoners compromi
clusively for women prisoners (15). Women per cent of the prison population. Of
prisoners are lodged in all the different kind capacity of prison in India is 3,76,396
of prisons - central, district, and sub-jails - occupancy level is at 135.7 per cent. S
that have the facilities to hold them. fication is decided on the basis of the knowl
edge of the traits of the children languishing
According to the UN Global Report in jail with their mother from pilot studies
on Crime and Justice 2010, the rate of im and past data Choice of frame is 1336 jails.

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Behavioural Syndrome of Women Prisoners in India 643

women
Samples of 1182 women prisoners lan jails) and 18 male prisoners were
considered
guishing in jail are divided into broadly 4 to bring a comparative analysis
homogeneous groups on the basis of of their
effect of syndrome and to make it a ho
listic one.
inhabitation (central, district, sub-jails and

Figure 3 : Socio-demographic characteristics of women evaluated

Variable N %

Legal Status Undertrials 738 62.4

Convicts 444 37.6

Marital Single 90 7.6

status
Married 960 81.2

Widowed 96 8.1

Divorced 36 3.0

Domicile Urban 120 10.2

Village 558 47.2

Semi-urban 504 42.6

Occupation House wife 258 22.3

Unskilled work 150 13.0

Semiskilled work 324 28.0

Skilled work 74 7.3

Business 72 6.2

Agriculture 168 14.5

Others 102 8.7

MEAN SD

Year of education 3.9 4.7

Duration of stay in prison in months (SD) 20.3 21.3

Age 37.5 14.4

The intricacy and regularity of the non-participant observer. To collect data of

discriminatory behaviour in different abstract or qualitative phenomena of these
situations of the women prisoners is women prisoners, methods of interview
analyzed through behavioural method. The through questionnaires and schedules is
field observation is made as a participant and applied. Experimental methods for analysis

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The Indian Journal of Political Science 644

of 'replication', 'randomization',
deplorable. And nothing is done to'depth
address
analysis' is appliedvarious
to conceptualize their
issues relating to women inmates
life pattern. Case-study, Statistical
which are: (i) Admission and
(ii) Classification
Comparative methods (iii) Reformation
is applied Programme (iv)
to various
cross sections of women prisoners
Vocational Training (v) Health andto make
Hygiene
(vi) Psychological
the analysis a holistic or emotional issues like
one .Techniques
computation, mean, ratio
(vii) Visitors and recording
and emergency leave (viii)
is used widely for empirical
Rehabilitation on release
study
(ix) Resocialisation
of the
project. Methods of andchi-square, correlation,
acceptance in society. Imprisonment of
regression, f-test, z-test, u-test
a mother with dependent and h-test
child/children is
a problematic
is used for evaluating accuracy issue and itofis notthe
addressedresult
oriented data. properly. The effects of incarceration can be
particularly catastrophic on the children and
Women in prisons frequently come costly to the state in terms of providing for
from deprived backgrounds, and many their care.
have experienced physical and sexual
abuse, domestic violence, alcohol and drug Figure 4: Survey report: Common
dependence and inadequate health care psychological reaction of women
before imprisonment. Research indicates prisoners:
that women in prisons have mental health
problems to a much higher degree than both Feeling of per
the general population and male prisoners. cent

A systematic review of the literature on Unhappiness 73

prevalence of post-traumatic stress disorder Worthlessness 69
(PTSD) in prisoners reported that PTSD 65
Frequent worrying
rates ranged from 12% of the sample to 21%.
Poor sleep and appetite 65
Women were disproportionately affected.
There are nearly 73% of the women in state Headache 56

prisons and 75% in local prisons in India have Tiredness 52

symptoms of mental disorders compared to Inability to work 52
12% of women in the general population.
Fearfulness 46
Nine out of ten women prisoners are either
Thoughts of ending life 44
having neurosis, psychosis, personality
disorder, PTSD, self harm, alcohol abuse or
drug dependence. Prevalence rate of current
The shocking survey on women
serious mental illness for male inmates was prisoners reveals that the majority of
women offenders convicted for homicidal
14.5% and for female inmates it was 31.0
%.). Women were 14 times more likelyactivities
to were poorly adjusted to the
family settings. In many cases, their offence
harm themselves than men and also repeat
such self harm. directly stemmed from their husband and
in-law's cruelty, rejection and humiliation.
Husband's illicit affairs with other women,
In spite of several legislations and
committees, the condition of jails alcohol
is and substance use, domestic violence

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Behavioural Syndrome of Women Prisoners in India 645

contributed significantly in motivating

During the study, it was noted that most
married women to resort to crimes. Women women are financially dependent and are not
prisoners apprehend the fact that they
in a position to plan, or get help to arrange
would face problems in all spheres of lifefor bail. They are ignorant of the ways and
in future because of their imprisonment. means of securing legal aid and unaware of
They are also worried about economic and the rules of remission or premature release.
family problems. There is no hope about It is also difficult for them to reintegrate
the redemption of the prisoners through into society after release. In addition to the
counseling and rehabilitation. Among both stigma of having been in prison, women face
women under trials and convicts, common a multitude of other problems. For example,
emotional responses were unhappiness, the spouse might have remarried and may
feelings of worthlessness, worry, andreject her, her in-laws or parents may not
somatic symptoms. All these were be willing to keep her in their home, her
aggravated during crises points in prison children may have grown up and may not
(entry into prison, court hearing, around need her, or she may feel too humiliated
the time of pronouncement of judgment, to return to her place of origin. All these
can come in the way of her successful
victimization, release of a fellow prisoner,
death of a fellow prisoner, illness or death
rehabilitation and reintegration into society.
of a family member and imminent release).
Mental health problems and substance
Unfortunately, the largest democratic use among women as well as their needs
country in the world has a 'very poor in prison were assessed. At the time of
conducting the study, there were 1182
political will' to improve the conditions
of the women prisoners and children women
of prisoners were interviewed for
the prisoners. Laudable and commendablethe study. Figure 4 depicts that most of
work regarding women prisoners has beenthe women in prison were housewives,
initiated by the Indian judiciary. The apexunskilled and semi-skilled workers. The
mean educational status in years is 3.9
court clearly highlighted the need to uphold
the fundamental rights. It articulated the years and 49.7% were illiterate. Both these
provisions under Article 15(3)-special factors have strong bearings in vocational
provisions for women and children, Article rehabilitation and integration into the
21-Right to life and liberty, and Article community. Regarding the nutritional
21A-free and compulsory education to all status of women in prison, one in four was
children from the ages of six to 14 years. underweight, but a greater number were
The directive principles of state policy overweight or obese (26.3%) compared to
were brought under the 'legal obligation' males (10.9%). Nearly one third of women
of the state vide article 39 (f), 42, 45 and could be diagnosed as having a mental
47 to provide protection, prevention and health or substance use problem. About one
promotion of human rights and health care in four women had a diagnosis of either a
of marginalized imprisoned women and current or past major depressive episode.
children. But everything found in paper not A very small number had a diagnosis of
in praxis. deliberate self harm or suicidal attempt.

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The Indian Journal of Political Science 646

Figure 5: Prevalence of diagnosable

It is found that nearly a third of women
mental disorders among
prisoners hadwomen
a diagnosable mental disorder.
Depressive disorder was relatively more
% common. This study highlights the need for
Mental Disorders N
gender specific mental health interventions
Major Depressive Epi for women in prison.
sode (Current) 198 16.7
Recommendations

Major Depressive Epi Privacy and dignity: Women

sode (Past) 108 9.6
prisoners' privacy and dignity must receive
the topmost priority.
Dysthymia 5 2.5
Female staff: There must be a female
Deliberate self harm 18 1.5
doctor inside the prison as well as female
Life time suicidal attempt 24 2.0
guards in charge of the female prison
Panic disorder 6 0.5
premises.
Social phobia 18 1.5

Specific phobia 54 4.6 Health check-up: Women prisoners

must be routinely screened for physical
More than one in ten women prisoners and mental health problems and provided
treatment at the earliest.
reported chewing tobacco atleast once in
their lifetime and 5% reported smoking.
Three percentage reported ever use of Peer support group: Self-help groups
alcohol, 30% tested positive for one or more among women prisoners can be of great
drugs. Among women prisoners: 76 (21.7%) help during stressful situations - Entry into
tested positive for benzodiazepines, 18 prison, during bail, preparation for court
(5%) for cocaine, 12 (3.3%) for opioids and appearances, unpleasant events at home like
amphetamines respectively and 6 (1.7%) for death of a family member, before, during
cannabis. and after judgment.

Figure 6 : Attitude towards narcotics

SI. Drug use FEMALE MALE X" P

110 ii 60 11-661

1 Cannabis 6(1.7%) 221 (33.4%) 26.050 0000

2 Opioids 12(3.3%) 22 (3.3%) 0.000 1.000
3 Cocaine IS (5%) 107 (16.2%) 5.325 0.023
4 Barbiturates 0 (0%) 65 (9.8%) 6.485 0.004
5 Benzodiazepines 76 f21.7%) 297 (44.9%) 12.148 0.001
6 Amphetamines 12 (3.3%) 42 (6.4%) 0.876 0.570

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Behavioural Syndrome of Women Prisoners in India 647

Mental health and counseling: of punishment. There is a need to enable

prisoners
Considering the mental health morbidity in to lead useful and law-abiding
lives
women prisoners, mental health services and on their return to the community.
counselling needs to be provided. Effective
Keeping such a focus, the negative effects
of imprisonment should be minimized;
planning for mental health care after release
mental health should be maintained and
is vital, particularly for women with severe
mental illness. promoted. Women prisoners must feel safe,
be treated with respect and dignity and need
De-addiction facility: De-addiction to be assisted towards developing insight
facility should be made available to women into their offending behavior.
with substance use problems.
References:
Family counseling: Involvement
of family members in counselling is an 1. UNODC 2009. Women's health in prison;
essential component to good health of correcting gender inequity in prison health.
women prisoners.
Pub: World Health Organisation. (Kyiv
Vocational Rehabilitation: Adequate Declaration on Women s Health in Prison)
opportunities must be provided to work Available online at http://www.unodc.org/
and keep them busy. Adequate planning documents/commissions/CND-Session51/
for livelihood after release, particularly for Declaration Kyiv Women 60s_health_in_
women without family support is extremely
Prison.pdf Accessed on 12 Dec 2010
important.

Behavioural rehabilitation: High-risk 2. Math SB, Murthy P, Parthasarathy R,

behaviors such as aggression, violence, Naveen Kumar C, Mad.husud.han S. Mental
self-injurious behavior, impulsivity, sexual health and substance use problems in
behavior and substance use need to be
prisons: Local lessons for national action.
addressed with appropriate techniques.
National Institute of Mental Health Neuro

Suicide prevention strategies: Sciences, Publication Bangalore, 2011.

Frequent meetings with prisoners will help

3. BastickM, TownheadL; Women in Prison: A
in prompt identification of their problems,
generation of solutions and reduction in
Commentary on the UN Standard Minimum
distress. Prison staff requires training on
Rules for the Treatment of Prisoners
how to identify mentally illness and use
(NGO) 2008, Quaker United Nations Office
crisis intervention techniques.
(QUNO). Available online at http://www.
Conclusion peacewomen.org/assets/file/Resources/
NGOZHR_Prisoners_QUNO_2008.pdf
The main goal of imprisonment must
Accessed on 16 Aug 2010
be rehabilitation and reformation instead

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The Indian Journal of Political Science 648

4. Kumari N. Socio economic profile of 5. S. P. Pandey and Awdhesh K. R. Singh;

women prisoners. Language in India Women prisoners and their dependent
2009; p.9. Available online at http:// children: The Report of the Project
www.languageinindia.com/feb 2 009/ Fundedby Planning Commission,
nageshkumari.pdf Accessed on 12 Dec 2010 Government of India, New Delhi (Serials
Publications) 2006, pp.33-4

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