International Bridges to Justice, India

First Paralegal Training for Prisoners in Jaipur Prison – A Successful Beginning!

A unique training was organized by IBJ with CHRI on 7th-9th October’2011, to train convicts as paralegals, with a special focus on pre-trial detention and speedy trial, so they may at some point pass on the benefit of this information to undertrials as well. This training was attended by 33 convicts from all the 8 district jails in Rajasthan, and was planned with an intention to provide knowledge to the convicts on various procedures such as parole, furlough and to teach them the way to write a bail application. Most of these convicts were graduates, some even post-graduates, and were serving term for either 10 years or for life. The interesting aspect of this training was that it not only gave insightful information to the prisoners but a proposal was also put up wherein attendance for 3 days in the workshop gives the prisoners remission for 60 days in their sentence. This proposal has been forwarded, and is pending approval. The workshop began with a formal introduction of all involved, the trainers, coordinators as well as the participants. With introductions out of the way, the discussion began with how the prisoners perceive the concept of law, and the answer that stood out was that it’s all a ‘khilwad’ (a joke). Another aspect that was covered before venturing into the field of nitty-gritty of law was the relationship they shared with their lawyers. This activity was carried out through a quawali session, wherein, the prisoners were divided in 2 groups as clients and lawyers and were asked to give voice to their grievances. The most common complaint that was given was that no lawyer wishes to hear their side of the story and most interaction they have had was with the ‘munshiji’ (Lawyers’ assistants) and not the lawyers themselves. Also, even though these lawyers were private counsels and not the legal aid lawyers, everyone felt that their case was not being given due importance and maybe even felt cheated. Thus, this information was stored away to be used in other workshops for the lawyers so as to tell them the client’s side of the story.

At one point, Mr O.R. Rohin, Superintendent of Jaipur District Jail, also came in and discussed the difficulties that are encountered by the prisoners. Once the groundwork was established, it was time to move on to the basic purpose of the workshop, as they were informed about the concept of bail, and the difference between bailable and non-bailable offence. As the participants also asked about the concept of parole and furlough, the same was also explained to them at length. The second day of the workshop dealt with life in prison and for this purpose, the prisoners were asked to fill a questionnaire, and a copy of which was also given to the Assistant Jailor. One of the shocking aspects that was revealed by the prisoners was that the practice of handcuffing the prisoners is still prevalent despite various judgments by the Supreme Courts prohibiting this practice. One of the prisoners shared his experience, wherein two prisoners had health problems and they were handcuffed and the feet were tied together, and were kept on the same hospital bed. When one of the trainers referred to the case of Prem Shakar Shukla v. Delhi Administration, one of the prisoners mentioned that he has read the case, but sadly enough the ratio is still not followed. The day ended on a lighter note, with participants asked to prepare a skit on the topics provided to them, such as groupism, caste system, religious intolerance; and the same was judged by declaring prisoners from Alwar Jail as winners.

The last day of the workshop began with recapitulation of previous days’ events, and then moving on to the provisions of bail once again. The method of counting days of remand, whether 60 or 90 was explained to them, and they were also informed that if the chargesheet is not filed within the specified time period, they have a right to bail. Other relevant provisions of Code of Criminal Procedure were discussed along with Parole. It was explained there are two types of Parole – Regular and Emergency, and the same are laid out in Prison Rules. They were also informed about the way to draft a bail application and a RTI application. Lastly, various acts that are considered offences in jails were explained and the punishment for the same were also told to them.

The day concluded by giving participation certificates to the prisoners, and the same was handed by the Sunail Kumar Malhotra, Additional Director General (Prisons), Rajasthan. Mr. Malhotra also provided Criminal Manuals for every prison. The team members were given Bhagwad Gita as a mark of appreciation, and lastly the prisoners presented the team members with letters expressing their gratitude for the workshop. This workshop, though started with few hiccups, ended on a successful note, thus emphasizing the need to conduct more workshops of such nature in the future. IBJ also intends to get in touch with the authorities to see if the suggestions have been carried out by them.

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