Author name: IBJ India

As pandemic-induced lockdowns slowly took over the world, IBJ’s teams stayed on the frontline of access to justice, creating new solutions to protect the rights of the accused. Even before the Indian government announced a country-wide lockdown IBJ India Country Manager, Ajay Verma, sensed the panic about to hit detainees in Tihar Jail in Delhi, one of the worlds largest detention facilities, after seeing riots breaking out in prisons around the world. IBJ India took the initiative to draft guidelines for protecting prisoners and preventing outbreaks of COVID-19 in prisons, which were presented to the Supreme Court during a hearing on March 16, 2020. Since then, IBJ India has advocated relentlessly to protect prisoners’ rights during the pandemic, from submitting a Public Interest Litigation requesting that the courts release pre-trial prisoners on interim bail, to launching a legal consortium application to the Supreme Court on safe transit of prisoners upon their release. Following the success of these efforts, upon the announcement of the new laws relating to bail applications during the lockdown period, IBJ India convened an online seminar advising lawyers on how to navigate the legislative changes. The seminar was deemed a huge success and was attended by more than 800 lawyers from across the country. Noting the power of technology in bringing lawyers together during the COVID-19 outbreak, IBJ India launched an initiative to provide continuous legal education during the pandemic in collaboration with the Criminal Justice Group and the Bar Council of Delhi. A number of online webinars have now been held on topics including rules of evidence and understanding an investigation. The webinars’ popularity continues to grow and have attracted up to 500 lawyers per session. ‘This series of webinars has been organised with a view to equip lawyers with better skills to provide an effective defense. IBJ is also bridging the gap between Bar Association leaders and lawyers and are going to conduct a session on how technology can be used in day to day legal practice to benefit lawyers and our clients. This will enable them to file cases electronically and continue to hold trials using technology platforms’ – Ajay Verma, Country Manager, IBJ India. On May 5th, IBJ India convened a virtual roundtable with leaders of the Bar Council of Delhi and other Bar Associations to discuss the impact of COVID-19 on the legal profession and possible for solutions for lawyers. The roundtable gathered 61 legal professionals to discuss topics including; the challenges that holding court sessions online has raised; the possibility of reopening the courts; and how to support young lawyers facing economic challenges as a result of the pandemic, such as waiving bar membership fees. IBJ India’s commendable efforts have been reported on by several media outlets. Read more about our COVID-19 response here:

Project Rupaantar Throughout the past few years, IBJ India has expanded the scope of its operations by working with local partners to improve conditions and resources within prisons. Since 2017, IBJ India has coordinated Project Rupaantar, a rehabilitation initiative for young adults and women detained in Tihar Jail No.5 and No. 6. In collaboration with the Deputy Chief Minister of Delhi, Gem and Jewelry Skill Council of India (GJSCI), and the Delhi Prisons, the project aims to transform the lives of detainees. It empowers them with vocational skills, including imitation jewelry design and glass gem design. Developing such applicable skills will allow inmates to find work following their time in prison and live healthier, more productive lives. After earning a certification, inmates can immediately begin to work and earn money while in jail. By saving these earnings, they can more easily secure housing, food, transportation, and other necessities following their release. IBJ India chose to implement this program in Jail No. 5 and No.6 because young adults and women are the most economically dependent segments of the adult population. Since so many Indian inmates are illiterate and lack employable skills, they struggle to reintegrate themselves into society and often end up destitute or back behind bars. Indian prisons are required to offer educational services. However, after several jail visits and studying reports by the Department of Prisons, IBJ India observed that the education offered to prisoners is neither enriching nor practical. Though prisons know that their educational services are subpar, they prioritize other crucial issues such as maintenance and security. To begin a new, honest life, inmates need education that directly translates into employment and stability. Project Rupaantar empowers prisoners with a sustainable, practical foundation to begin a new life upon their release. The IBJ India team inspecting one of the classrooms and receiving feedback from students. On Tuesday, July 30th, 2019, IBJ India conducted an inspection at Tihar Jail No. 5 to assess the progress of the GJSCI artificial jewelry trainings. We are pleased to report that IBJ India has successfully trained approximately 596 inmates thus far. Additionally, there are approximately 50 inmates being currently trained in Tihar Jail No. 5. Aside from those currently receiving training, an additional 416 certificates will be awarded to course graduates from Jail No. 5 and No. 6 before the end of the year. IBJ India is currently planning a ceremony for the inmates in jail, while mailing out certificates for those who have been released. To ensure that compulsory prison duties don’t interfere with their access to education, IBJ India has ensured that morning and night classes are available in both jails. The inmates being trained are extremely pleased with this unique opportunity to join India’s ancient, yet booming, jewelry industry. With the hard work of the GJSCI and its trainers, the students are thrilled for what their future may hold. IBJ India took the names of the inmates present at the training and is looking forward to connecting the inmates to employment opportunities after their time in jail. Looking forward, GJSCI has guaranteed advanced training and employment opportunities to approximately 800 inmates.

International Bridges to Justice’s India Country Program (IBJ India) strives to create a just society empowered to protect human rights. To this end, legal rights awareness campaigns are a central part of our work. Only those who understand their rights can protect their humanity. In India, much of the population remains unaware of their legal rights and how to access counsel. To educate those in need, IBJ India conducts monthly prison legal awareness events to promote a basic understanding of the rights of inmates, prison standards, and legal aid. From June 2nd to June 11th, 2018, IBJ India visited eight prisons in the Tihar and Rohini Jail Complexes to work with inmates and facilitate a Legal Rights Awareness and Legal Aid Camp. The camp worked with over 1,500 jail inmates. These sessions aimed to educate inmates about their rights and duties within the prison. In particular, IBJ India volunteer lawyers and staff taught inmates how to access free legal counsel, how to file for bail, and the role of legal aid in a just society. Prisoners, administrators, and the IBJ India team worked together to develop an interactive and practical program. A diverse set of activities, trainings, and other educational services created a worthwhile experience for the inmates. Presented in a substantive, yet concise, manner, these lessons were crafted such that people of any educational background could understand them. The IBJ India Team takes questions during an awareness campaign IBJ India returned to conduct awareness campaigns in 2019. Using the previous year’s efforts as a foundation, IBJ India tested creative new ways of providing legal awareness to those without literacy. Seeking to bridge the gap between informative workshops and engaging storytelling, IBJ staff put on a skit depicting potential pitfalls in the criminal justice system. This engaging, relatable content resonated with inmates and may allow them to better apply the knowledge they gain from awareness campaigns. Ongoing Challenges Awareness campaigns are crucial to reduce the stigma surrounding legal aid in India. While Indian lawyers are not supposed to accept compensation in legal aid cases, some nonetheless demand payment. This unfair practice engenders distrust toward providers of legal aid among those most in need of counsel. Inmates ought to have confidence in those representing them. Awareness campaigns and training sessions seek to dispel myths surrounding sarkari lawyers, who are assigned by the government to work on legal aid cases. Empowering inmates to report corrupt lawyers builds trust in legal aid and prevents instances of malpractice. IBJ India’s direct interaction with prisoners rebuilds lost trust and instills confidence that justice can be achieved. By fighting corruption in the legal profession, IBJ India is doing its part to advance both its own work and the work of advocates across the country. IBJ India Program Director Ajay Verma speaks one-on-one with an inmate IBJ India continues to innovate new ways to deliver on its mission to protect human rights, including through its Legal Rights Awareness and Legal Aid Camp. This sustainable model for awareness campaigns can be used at other jails across the country. Teaching prisoners to leverage their rights will allow them to improve their circumstances and receive humane treatment. IBJ India’s commitment to human rights through legal education and service truly makes a difference in the lives of those most in need.

From June 2 -11 2018, IBJ’s India Country Program Director, Ajay Verma, led legal aid awareness and legal aid camps in a number of jails in the Delhi area.  Throughout the week, the IBJ India team, led by Mr. Verma, conducted interactive sessions to educate inmates of their legal rights. Mr. Verma and the team discussed inmates’ right to free legal aid, including the right to an attorney, how to find a legal aid lawyer, how to apply for bail, and the importance of effective communication between inmates and their lawyers. Following the discussions, inmates approached volunteer advocates working with IBJ India and legal interns for one-on-one consultations. Many of the prisoners asked for legal advice and explained how they struggle when attempting to navigate the legal system. IBJ India Country Manager Ajay Verma speaks to inmates Inmates pointed out a number of key issues, including their lack of communication with lawyers and judges and lack of knowledge on proper courtroom protocols. They also raised the issue of how delayed processing of their charge sheets and bail applications often means that jail time is unnecessarily prolonged. The IBJ India team informed the prisoners how the legal aid office at their respective jails can offer them free legal assistance. Throughout the week, the IBJ team explained the difference between the public prosecution and the defense lawyers provided by the Courts to represent the inmates. Throughout Legal Awareness Week, IBJ India visited seven jails and consulted with close to 1,500 detainees. Both inmates and prison administration welcomed the efforts of IBJ India. As a result of various consultations, lawyers working with IBJ India will take on a number of cases of the inmates that they met with.

Beginning in January 2017, IBJ India partnered with Department of Psychology of Indraprastha College for Women in New Delhi to offer legal and psychological support to female inmates in Delhi Prisons. Ajay Verma speaks with students about the importance of early access to counsel. Early access to a lawyer is critical in ensuring that a person accused of a crime has her or his due process rights respected, for example with regards to bail applications. Bail is an essential part of criminal justice in ensuring that the accused is not detained and jailed for excessive periods of time while awaiting trial – a critical period of time when torture and other abuse is most likely to occur. IBJ has worked extensively in India to ensure each individual has early access to counsel. This project, led by IBJ Fellow Ajay Verma, is a significant component to furthering that mission. “Psychological Aid for the Undertrials: A Community Outreach Project” was set up between IBJ and the Indraprastha College for Women in coordination with Delhi Prisons to provide comprehensive legal and psychological assistance to incarcerated women in one of the nine central prisons in the Delhi Prisons complex. Students and IBJ volunteers interviewed women about their experiences, both from a legal and psychological perspective. Much of their discussion centered around the women’s socio-economic background and history, as well as their many difficulties in securing reliable and effective counsel. As one student described, “Our role was to identify persons to whom we could provide legal aid, and also to be able to talk to the inmates and encourage them.” Their interactions with the inmates revealed the profound interactions between the psychological aspects of incarceration with the need to access to legal counsel and trial. Often closely linked, the psychological and legal concerns create a distressing and challenging environment for each of the prisoners’ mental, physical and psychological health. IBJ’s role throughout the process was to provide legal assistance to inmates identified as being without legal counsel. Students, IBJ staff and teachers at Indraprastha College brainstorm legal and psychosocial strategies for assisting undertrials  The focus of the students on developing empathy for the women whom they were interviewing and the availability of legal support from IBJ were both essential in creating a structure through which, to offer the prisoners relief from some of their distress while incarcerated. IBJ’s mission to ensure early access to counsel proved critical in many of the cases reported through this project. Many of the women who were interviewed expressed minimal or no support from their own private lawyer, in which case IBJ was able to step in and offer its legal counsel in these urgent situations. As one student noted, “She was in need of a lawyer and this case was forwarded to Ajay Verma.” Through the lens of these stories, the urgency of reliable and timely counsel was reinforced as fundamental to the alleviation of harmful conditions. Many of the concerns and painful circumstances the women reported stemmed from violations of legal procedure and the lack of a presence of a dedicated lawyer. With the assistance of IBJ, dozens of these women now have the opportunity to access justice and be fairly judged. Many have been reunited with their families. Today in the prison, IBJ has developed a sense of hope among the jailed inmates that, if no one comes to help them, IBJ’s lawyers will be there to provide help.

IBJ Lawyer Katyani Raghuvanshi gives legal advice to women in Tihar Prison On March 7, on the eve of International Women’s Day, IBJ India conducted a Legal Support Camp for women lodged at Central Jail No.6, Delhi Prisons, Tihar. The program supported over 150 women with key skills and advice for their ongoing legal cases. This pro-bono legal support is crucial towards improving access to justice for imprisoned persons in India. The Legal Support camp was led by Ajay Verma and supported by committed lawyers Gaurav Bhattacharya, Katyayni Raghuvanshi and Ajay Raghav. Country Fellow Ajay Verma outlines key legal procedures to the participants IBJ extends its sincere thanks to the IBJ India team and to the prison administration for their continuous commitment to help the jail inmates. Legal assistance such as this makes a change in the lives of prisoners that ultimately has a meaningful impact on their lives and that of fellow inmates.

In Delhi, the need for affordable legal assistance is great. 2 out of 3 prisoners in India are in pre-trial detention. As such, the majority of people in jail have not appeared before a judge or received a fair trial. Fatima is among the many women who have been arbitrarily detained in Prison No.6, a women’s prison in Delhi. A young mother, Fatima was arrested in March after being wrongly implicated in a case of theft. As is the case for most people in India, Fatima was unable to afford a private lawyer. Without access to legal representation, she remained in jail unable to care for her 4-year-old son, who was left in the care of Fatima’s ailing mother. IBJ Volunteer lawyer Katyayni with Fatima at her court case However, through a rights awareness camp organized by IBJ India in the Delhi Women’s Prison, Fatima found out about IBJ’s pro-bono work. Reaching out to an IBJ volunteer lawyer, Fatima was provided with free legal assistance and successfully granted bail. She is now back living with her mother and her son while her trial takes place. IBJ, by providing free legal assistance and conducting rights awareness camps, was able to intervene early on and prevent Fatima being arbitrarily detained in chronically overcrowded conditions. With many prisoners unable to pay for legal assistance and often uninformed about their legal rights, IBJ is one of the few organizations that give ordinary individuals the chance to access justice and reclaim their freedom. Unfortunately, many individuals are left languishing in prison with little hope on the horizon. Legal Awareness Camp organized by IBJ India for women prisoners, held at Central Tihar Jail No. 6, New Delhi With your help, IBJ India can expand its reach helping the most vulnerable in society access justice. There are thousands of imprisoned persons who, like Fatima, are unable to afford a lawyer, and are thus unable to support their families and their community. IBJ is working to make sure that every man, woman and child early access to counsel: and for that, we need your support.

Over 200 Inmates Attend IBJ India’s Legal Rights Awareness Event at Tihar Jail As a part of a joint initiative between IBJ India and Delhi Prisons to spread awareness among jail inmates about their rights and duties as prescribed under the law, a team consisting of Mr. Ajay Verma, IBJ Senior Fellow and Advocate, and Ms. Pankhuri Mehandiratte, Advocate, visited Central Jail No.3 on 31 March 2015. Tihar Jail has been identified as Asia’s largest prison complex, housing more than 12,000 under trial and convicted belonging to all age groups.

Pankhuri A. Mehndiratta and Katyayini,  IBJ India IBJ India in collaboration with Delhi Prisons organized a two-day capacity building workshop for warders and custodial staff at the Prison Headquarters, Tihar, New Delhi on September 26 -27, 2014. The workshop was aimed at building capacity and legal awareness within the prison system in Tihar. It was attended by custodial staff including Warders, Head Warders, and the Assistant Superintendent from each prison in the Tihar Central Jail and Rohini District Jail. Both days at the workshop saw an encouraging level of interaction and participation by the custodial staff.   After the short introduction given by IBJ India fellow, Mr. Ajay Verma, the Deputy Inspector General, Mr. Mukesh Prasad, inaugurated the session. Mr. Sunil Gupta, Law Officer, Tihar jail, then gave a brief overview of the Delhi Prisons Act and the role of warders. Mr. Alok Verma, Director General of Tihar Jail, held an interactive session with the custodial staff of the Tihar and Rohini prisons. An array of issues was brought to the attention of Mr. Verma ranging from the unsatisfactory living conditions of the warders and custodial staff to the problems that they face due to the lack of internal mechanisms for promotion. IBJ India was able to facilitate constructive dialogue between management and the staff of the prisons in a bid to strengthen mutual understanding of the challenges they both face. Mr. D V Trivedi, Former Director of the Bureau of Police Research and Development (BPRD), discussed the conduct of warders so as to ensure effective prison management. The custodial staff was then asked to share their ideas about prison and the purpose of incarceration. Though the majority of the warders and custodial staff agreed that reformation and rehabilitation was the end goal of incarceration, some of them were of the opinion that it is important to adopt a punitive approach towards inmates who are repeat offenders and display no respect for prison regulations. However, the attitude of the custodial staff was largely sympathetic towards the prisoners, recognizing that personal circumstances could have an influential role in their imprisonment and that it was the prerogative of the courts to pronounce someone guilty. The session then moved on to the discussion of other issues, including the present infrastructure that needs to be upgraded to keep up to date with the latest technology. One specific demand is the need for more CCTV cameras to ensure complete and effective surveillance on part of the custodial staff. Also addressed was the problem of understaffing that is accentuated by the high professional dropout rate due to lack of incentives, promotions, and low wages. The custodial staff was successfully able to bring awareness that there are inadequate cashless treatment schemes for them and that the very few hospitals that offer this were meager in terms of the quantity and quality of these services. The refurbishment of staff quarters was promised by the Director General (Prisons), Tihar, during his interactive session and will hopefully be looked into immediately. Another major problem that was addressed was prison overcrowding. This leads to overwork and burn out of the custodial staff. Moreover, over 70% of the inmate population is under trial, which makes the implementation of discipline more challenging for the staff members. The problem is further pronounced when inmates, despite having been granted bail, are unable to secure their release on account of lack of a surety or the financial means to secure bond. Mr. Ajay Verma, Advocate and IBJ India Fellow, discussed the role of custodial staff in ensuring justice for the inmates as well as correct bail procedures u/s 167,436,437 of the CrPC, appeals, parole, furlough and juvenile inmates. He also discussed that the segregation of prisoners should be more clearly defined and suggested specialized cells for first offenders. In order to ensure the awareness of the custodial staff about the prevalent legal provisions, judgments and techniques of administering discipline, it is imperative that they should receive regular training sessions. The prison staff then received instruction on the rights of the prisoners and their duties towards them. During the last part of the session, different reformative measures were discussed by the IBJ team members Ajay Verma (IBJ India Fellow) and Pankhuri A Mehndiratta (Advocate). Dr. Shahzad Ibrahimi, a renowned motivational speaker, was also present as part of the eminent people that shared their energy for the cause of strengthening the criminal justice system and its pillars in order to ensure respect for human rights. Ms. Deepika Gupta, Consultant Psychologist at Human Dynamic, Gurgaon, shared her views on behavioral disorders and suicidal tendencies of prisoners and the role of prison staff in monitoring prisoners. In her highly engaging session, she gave valuable indicators to identify inmates with behavioral disorders to aid the custodial staff in assessing potentiality of suicide within the cells. Strengthening the core of the criminal justice system of India through capacity building and awareness training helps IBJ India to live up to its mandate of ensuring the respect for human rights and preventing torture during detention. The entire team of IBJ India is extremely grateful for the support and collaboration of the Delhi prison authorities and looks forward to hosting similar events in the future. The event saw an active participation of over 200 inmates who had been charged for petty offences and were waiting for their trial to be completed. The main purpose of the event was to make the inmates aware about the provisions of bail and surety bonds and the juvenile justice act while informing them of their legal rights and duties. Mr. Sanjay, the prison welfare officer appointed by the Government as per Delhi Prisons Act, 2000, also contributed to the interactive discussions with the inmates. Mr. Ajay Verma and Ms. Pankhuri Mehndiratta were given a warm reception by the prison administration. Mr. Ajay Verma discussed the provisions of bail in bailable and non-bailable cases, addressing the common problem of conditions of bail and surety bonds. A brief discussion followed about the provisions of the existing Juvenile Justice Act. Many inmates

-KatyayiniOctober 2014 IBJ India organized a two-day paralegal training for the convicts at the Central Jail, Ajmer on the 4th and 5th of October 2014. The workshop aimed at building capacity and awareness of speedy trial to the convicts of the jail. It was attended by ten convicts who were selected according to their educational qualification and happened to be life/long term convicts. IBJ was represented by Advocates Mr. Ajay Verma and Pankhuri A. Mehndiratta. Inmates at the inaugural session at Central Prison, Ajmer, Rajasthan The workshop concentrated in particular on the difficulties faced by those held in pre-trial detention to stress how long term convicts can assist with this. The long term convicts are in some way in-house legal resources. Their knowledge of processes on arrest, rights in jail, processes in court, can be of great value in ensuring that legal rights are accessed and prisoners do not unnecessary remain incarcerated. As the IBJ mandate is to provide access to justice, we started with the most common question- “What is law and what is an ideal jail?” Many hands were raised to answer. Next obvious question was, “Do you know about your rights in prison are?” Very few were able to answer this question. Ajay Verma explained the various rights of the prisoners, which includes right to a fair and speedy trial. He emphasized that fair trial is the essence of India’s criminal justice system. Arbitrarily depriving an individual of their liberty is violation of the human rights and right to freedom given by our Constitution to every person. Hence, nobody has the right to put anyone in the prison, to keep there, without any good reason. It is the right of the detainee to raise his/her voice against any wrongful treatment and torture. Those who have been the victim of unlawful arrest have an enforceable right to compensation. Mr. Ajay Verma, Advocate introducing the purpose of the workshop and explaining their rights and duties The IBJ Team explained the procedures of first appearance and remand to the prisoners. It is the right of a person who is arrested or detained in custody to be produced before the nearest Magistrate within a period of twenty-four hours of such arrest. No one shall be detained in custody beyond that period without the permission of the Magistrate. The prisoner should be able to get help with keeping their home or job and keeping in touch with their family. They should be able to get help carrying on their business from prison. Remand prisoners are supposed to be treated as if they are innocent until proven guilty. This session discussed the procedures which must be utilized to deliver a fair trial and justice. Right to speedy trial is an essential part of fundamental right. According to article 21, no person shall be deprived of his life or personal liberty except according to procedure laid by law. Any delay in trial should be seen as miscarriage of law. The cases pending for years create mental and economic pressure on litigants. Right to speedy trial is the right of the accused and it encompasses all the stages, namely investigation, inquiries etc. A right to fair trial is an essential right respecting the rule of law. It is the right of the defendant to be tried before an impartial jury who on considering the evidences against defendant, decide whether to find him or her guilty of the crime charged. The magistrate should hear the case within the reasonable time. If there is no counsel for the defendant, the magistrate should appoint a counsel. The convicts were also trained on the procedures of parole, bail, legal aid etc. Legal aid is no longer a matter of charity but is one of the constitutional rights. Each person is entitled to free legal aid from the point of arrest. If a prisoner is sentenced to imprisonment is unable to exercise his constitutional right for want of legal assistance, the court has the power to assign, under article 142 read with article 21 and 39-A of the constitution, counsel for such imprisoned individual. Liberty of every citizen must be zealously safeguarded by courts. Basic rule should be “bail and not jail.” Yet where there are circumstances suggestive of the accused fleeing the course of justice, or possibility of his repeating offences, then he can be denied bail. Once the accused is prepared to furnish bail, the police officer or the court before which he offers to give bail is bound to release him on such terms. Also the terms of the bail are to be reasonable. If a person during the period of investigation or trial undergoes detention for a period extending up to one half of the maximum period of imprisonment specified for that by law, he shall be released by the court on his personal bond with or without sureties. This provision does not extend to offences for which the punishment is life imprisonment or death. The last part of the session worked to ensure that the inmates were treated more humanely and are provided with at least the minimum standard of living. The prisoners have certain rights when they are sent to judicial custody including: right against solitary confinement, handcuffing and bar fetters, and protection from torture etc.  The convicted prisoners have the right to employment within the jail and wages should be paid accordingly. Every prisoner has the right to an adequate standard of living. They have the right to food, clothing, and proper accommodation at an adequate level. The children in the prison have the right to education and proper upbringing. It is the human right of a person to live their life with respect and dignity. It is the right of the prisoner to be informed of the rules and regulations of the prison. No prisoner shall be stopped from practicing their own religion and every prisoner shall be allowed to satisfy the needs of his religious life. Visits to prisoners by family and friends