Unforgiven

Hanumangarh, Rajasthan: “My social life is over. I admit that I have sinned, but I have atoned for it by serving a prison term in accordance with the law. However, people still see me as a murderer. Most of them stay away from me,” lamented Dharamveer Jain alias Dharma (53), a resident of Hanumangarh Town, who has served 14 years of imprisonment for murder. 

In 1994, at the age of 23, Dharma killed a woman in a fit of rage. Following his arrest and subsequent hearing, the court sentenced him to life imprisonment on February 12, 1996. Taking into account his good behaviour in prison, Dharma was released after 14 years.

Stigma of a convicted life

Dharma nurtured many dreams about his life after his prison term. However, when he stepped into the outside world after release, all his dreams were shattered. “I used to think that after my release from jail, everything will be fine. My parents would get me married. My brothers, friends and relatives would accept me, and everyone would support me. However, nothing of that sort happened.” 

Dharma’s parents died in a road accident two years before his release from jail. “Had they been alive, they probably would have got me married. No one else in the family supported me. Relatives also kept their distance. Society looked at me as if I would kill someone again. My relatives did not invite me to functions. Many people refused to hire me because of my conviction. I wandered to Kerala, Jaipur and Haridwar in search of work,” he said. 

Dharma now works as a labourer at the office of a transport businessman in Hanumangarh Town at a monthly salary of Rs 9,000. The businessman has given him a place to stay as well. “I work here, eat food and sleep here. There is no one to ask about my health in case of an illness.” 

Rehabilitation challenges

Throwing light on the difficulties faced by those who have served prison terms, Professor Hemlata Joshi, acting head of the psychology department at Jai Narain Vyas University, Jodhpur, said, “Firstly, after spending a long time as a prisoner, they experience difficulties in adjusting to society. Secondly, their difficulties increase due to being rejected by society. They lead a very depressing life. One always has to carry the stigma of being involved in a crime.”

A family from Rawatsar in Hanumangarh district is going through a similar situation. On September 9, 1982, at the age of 20, Inder Goyal of this family attacked and killed his cousins aged 16 and 17 ​with an axe and surrendered at the police station. The police arrested Inder on charges of murder and his elder brother Nandkishore Goyal on charges of abetment of murder. Chargesheets were presented against both of them in the court. 

In 1982, the sessions court of Nohar acquitted Nandkishore while sentencing Indra to life imprisonment. In 1987, while hearing the appeal, the Rajasthan High Court acquitted Indra by giving him the benefit of the doubt.

“Even though my brother was released from jail after being imprisoned for five years, due to tension and depression, he remained imprisoned in loneliness forever. He started taking many types of drugs. People did not associate with him,” Nandkishore (70) told 101Reporters. He said Indra died seven years ago, but as long as he lived, most people always saw him as a murderer.

“Out of greed for our uncle's land, my brother killed both his children. He made a big mistake. I had nothing to do with the murder, but the police unnecessarily implicated me and stigmatised me for life. Due to the incident, our entire family’s reputation was affected. Since then, we have been looked at with suspicion. People may not say anything on my face, but I know what they think about us even after 42 years?”

Retired Jailer Girdhar Upadhyay (71), who served in various jails in Rajasthan for 19 years, told 101Reporters that every person who has been sentenced for a crime has become a victim of society's neglect. “During my tenure, many prisoners studied up to triple MA. They behaved very well. On their release from jail, it seemed their life would be good. When I met one of them after almost five years, I felt very sad about his condition. they had to face many adverse circumstances in society."

Upadhyay said people who have been sentenced are not accepted in society because there are security concerns about them. People are afraid that the person might commit violent acts again. They feel concerned about the safety of their wives, children and other family members. This fear motivates society to stay away from former prisoners. However, its adverse effect is that many prisoners start committing crimes again.

“No matter how much the prisoners change during their punishment — they may become sages and saints — but the prejudices of society towards them never change,” Upadhyay said. He added that the government is also responsible for the prisoners not being rehabilitated in the society. The government expects the prison authorities to teach the prisoners how to adjust to society. However once a person is released from jail, the government does not pay any attention to him/her. Instead, the government should help in their rehabilitation, if necessary.

Prof Joshi said once a person is convicted, society does not see him for years together. By the time that person comes out, many misconceptions, suspicions and distrust might have developed towards him in the society. To address such doubts, the government will have to work to reduce the distance between the prisoners in jail and society.

“The government should, from time to time, carry out activities that support contact between jail inmates and the general public. When people see the prisoners repeatedly, meet them and talk to them, they will feel that they are also human beings. The government should take the help of NGOs in this work,” she said. 

To that effect, Joshi said the general public can be invited to the programmes organised by prisoners in jail. The goods made by prisoners can be exhibited before society. Prisoners should also be able to attend such exhibitions. With the help of various social organisations and the general public, blood donation and medical camps can be organised in jails occasionally. 

For almost 30 years, Dr Vartika Nanda has been working for reforms in jails in Delhi. “If it is possible to do something within the rules in the interest of the prisoners, then it should definitely be done,” Dr Nanda told 101Reporters, when asked about activities that aid prisoners. 

"When some level of openness is being brought everywhere, it should be brought in jails also. Innovations should be made in jails also. But it is necessary to maintain a jail as a jail. Jails cannot be made picnic spots... If everyone comes and goes there comfortably, then the seriousness of the prison punishment will be gone. It is important to take care of the security of jails. The safety of prisoners lies within the security of the jail."

Dr Nanda added that society's image of jails has been created by Bollywood movies. In reality, neither the prisons nor the prisoners and jailers are the same as shown in films. "It is not necessary that every prisoner improves by staying in jail. There are all kinds of people," she said.

On the question of rehabilitation of convicted prisoners, Dr Nanda said the exercise should begin two years before the release of the prisoner. "Only people in jail can play a better role in this. First of all, the family members of prisoners should be prepared so that they can support, trust and keep them in the family. If a convicted person lives a peaceful life with his family, the people in the neighbourhood will also start trusting him," she explained. 

Dr Nanda, a recipient of the Stree Shakti Puraskar (now Nari Shakti Puraskar), the highest civilian honour for women empowerment in India, said it is futile to expect the society to rehabilitate the prisoners because the tendency of society is of a taker, not a giver. Only prison staff can do this work well. Moreover, such efforts should start from women's jail because female prisoners are more vulnerable to rehabilitation than men.  

Mohammad Mushtaq Zoiya (73), a senior advocate in Hanumangarh, told 101Reporters that for the rehabilitation of prisoners, it is necessary to develop skills in them according to the new era. "Even today, prisoners are given training in traditional works such as carpet weaving, chair weaving or furniture making. In today's modern era, they should be given computer-based training. Training can be given under various trades of ITI. When a trained prisoner is released, he/she should be helped in making the best use of his skills.  If prisoners wish to be self-employed, they can be provided with loans. Groups of former prisoners should be formed and the government should help them in the same way as they help farmers and women’s groups. Courses should be run for prisoners by linking jails with skill universities," he detailed.  

(Amarpal Singh Verma is a Rajasthan-based freelance journalist and a member of 101Reporters.) 

This story has been produced by 101Reporters, an independent news agency with a network of 3,000+ freelance journalists across the country, in collaboration with Crime & Punishment, Vidhi Centre for Legal Policy.