Tele-medicine facility for prisoners

Prisoners across the country are facing number of problems. One of the main problems is over-crowding due to increase in numbers which is much more than the capacity of the present arrangements. As a result of over-crowding, several health-related issues are emerging continuously. Most of these prisoners are under trials and continue to be so for a prolonged period in view of the inordinate delays in completing the trials. Ensuring sound health of the prisoners is State responsibility. Whenever any prisoner complains about health issues, the Medical Officer present in prison attends to the same and in cases required refers the prisoner to nearby Civil hospital or medical college for further treatment. To take the prisoner to medical facility, it is mandatory to have adequate police guard and police vehicle for safety of the prisoner.

It is noticed, that in view of large numbers of prisoners, and due to their pressing requirements, the police are notable to carry out this responsibility in time. Police vehicles are also not available at number of times. This gives rise to serious complaints from prisoners. It also breeds corrupt practices to jump the queue. Section of prisoners also demand reference to medical facility to avoid the rigours of prison and threaten the medical officers to admit them in hospital.

In a separate development, Ministry of Health has launched National Health Mission. Under this scheme, every medical college has been equipped with web cameras and the doctors on duty facilitate tele-medical counselling to those who are needy and stationed remotely. The facility is provided by charging rupees hundred per person.

In prisons, Ministry of Home Affairs in consultation with Ministry of Law and Justice has launched video conferencing facility in prisons. Through this every prison is equipped with video cameras and supporting network. This facility is used for conducting e-trials whenever required. This is functioning satisfactorily.

Taking advantage of technology, video conferencing scheme was launched in all prisons in Maharashtra from 2016-2019. All prisons were linked to nearby medical colleges through video conferencing. Medical officer in prison would prepare detailed note about heath requirements of every prisoner needing reference to medical expert from nearby medical college and email the note to the concerned expert in advance. After examining the same, the medical expert fixed appropriate time slot to advise the prisoner patient in the presence of medical officer from the prison. The expert then recommended certain course of treatment and a record was kept accordingly. In case the expert felt, he used to advise physical presence of the prisoner patient and the same was arranged by prison authorities. Under this arrangement, nearly 20,000 prisoner patients were provided medical treatment. The prisoners were highly satisfied with the arrangements and recorded their sense of relief from time to time.

Following the outbreak of Corona 2019, the arrangement came to sudden halt, in view of the tremendous burden on all medical colleges. The practice remains discontinued even though the outbreak is now behind.

For reasons, explained above, it is imperative that under the guidance of Ministry of Health and Ministry of Home Affairs, all State governments and Union Territories consider immediate steps to implement this arrangement in all prisons and video link these to nearby medical colleges/hospitals to promote welfare of the prisoners, who are the responsibility of the State.

Initiatives against atrocities on women

Praveen Dixit

DGP (Retired) Maharashtra

As per the statistics available with National Crime Record Bureau (NCRB) important crimes against women include a) rape and murder, b) gang rape, c) rape, d) feticide, e) dowry deaths, f) abatement to suicide, g) acid attacks, h) domestic violence in the form of harassment by husband or his relatives, i) abduction and kidnapping, j) sexual harassment, and k) honour killing by parents/relatives. With increase in the use of digital space incidents of cybercrimes in the form of financial frauds, marital frauds, fake digital arrests, sexual harassment are increasing geometrically.

Government of India attaches highest importance to provide justice to victim women and children. In a historical step, government has repealed archaic criminal laws and implemented Bhartiya Nyaya Sanhita, Bhartiya Nagarik Suraksha Sanhita and Bhartiya Sakshya Adhiniyam with effect from July 2024 throughout the country. In these victim centric laws, great importance is being attached to technological innovations and all electronic communications are recognised as evidence. It further encourages e-FIRs, recognises electronic evidence, issuing summons through electronic measures and electronic trials. It also provides for trial of accused in absentia, as many accused after deceiving women, go abroad to escape from the clutches of law. In order to provide immediate succour to victims in instances of emergency, facility of dialling 112 /112 India app has been launched throughout the country. Response to this from police has been brought down to less than ten minutes in most of the urban areas. In addition, cyber helpline 1930 is operational apart from platform www.cybercrime.gov.in to register even anonymous complaints from anywhere.  To expedite trails, directions have been issued to complete investigation in two months in instances of rape, establishing of fast-track courts, trails in camera and prohibition to disclose identity of the victim in any electronic and print media. Facility of representing the victim in trial is a new and welcome introduction from July 2024. Government also provides legal aid and compensation to victims of rape to ensure their rehabilitation.

While welcoming these important steps, a lot needs to be done to make women aware about their legal rights. System also needs to be developed to encourage the victims to come forward to launch the complaints and provide them moral support till completion of the trial. This can be possible if recognised councillors are available in every subdivision to assist the victims.   In addition, following initiatives need early implementation.

• All complaints pertaining to sexual harassment, rape etc must be recorded through video camera only. This would reduce chances of manipulation by police as well as by the complainant subsequently. The recording would be in the language and words as mentioned by the complainant and thus the chances of undue interference would het eliminated.
• To ensure zero pendency, dedicated courts should be established and preferably these should function in two shifts.  
• In cases of sexual harassment, charge sheet should be submitted within 24 hours from the complaint. That would ensure early trial and also reduce chances of interference or influence on the victims. I had started this practice while working as DGP in Maharashtra and that resulted in salutary impact in improving the morale of the victim and creating trust among women in general.
• In incidents of rape, the accused should not be made free as in several instances such accused have indulged in the same grave offences while on bail. In cases where the accused is released on bail, stern preventive action should be taken including bond from the relatives of the complainant, and with women sureties
• Panel of lawyers including cyber experts to be made available as prosecutors.
• Continuous education scheme should be implemented in all schools and colleges against sexual harassment and cyber offences. In addition, training in unarmed combat should be made mandatory in schools and colleges.
• The scheme of dialling 112/ 112 India app needs to be given wide publicity through radio and electronic media on day-to-day basis. At present this facility is not much known even in metropolitan cities such as Chennai.
• Strict access control in all academic institutes should be made mandatory to prevent outsiders from assaulting unsuspected young women.

Implementation of above initiatives along with technological innovations would certainly reduce incidents of sexual violence against women.

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मानव अधिकार न्यूजलेटर (1)