The Special Prisons for Women, Puzhal, is a microcosm all by itself. Airy and green, it is quite different from the stereotypical images often shown in movies. Many of the inmates perform a number of activities such as reading and gardening during their free time. Running in between their feet, and getting in the way, but inviting no one’s ire is a four-year-old boy, who along with his mother, has been languishing in the prison for over a year despite her getting bail.
“One year and ten days exactly,” said 21 year-old Gomathi*, as she stroked her child’s head, while sitting on the pavement outside the cellular block of the prison. “We have been here that long. I feel bad for my child. He is here only because of me,” she said.
A year ago, Gomathi was arrested on charges of breaking into a house in Anna Nagar, along with nine others. Her accomplices have reportedly been let out on bail. Gomathi continues to remain in prison because she has not been able to produce any sureties.
Her son is the darling of the prison complex. He is cosseted and petted by everyone, including prison officers. One of the prisoners dropped by to gave him her share of lentil vada, Tuesday’s special in the kitchen. He immediately grabbed it and began playing with it. His mother then patiently took the crumbs away from him, and fed him. After he was fed, the boy began crying.
“He has these mood swings. I think it is also because there is no one his age he can play with here. He will be fine in a while,” said Gomathi as she comforted him in her arms.
“I am really worried about him,” she said, holding back her tears. “It will soon be time to admit him in a school. I do not want him to be known as the boy who lived in prison. He is here only because of my fault,” she said.
Following her bail, prison officers said that they even tried to trace her family, but in vain. “She has no personal bond or sureties, and we need those to send prisoners out,” said a senior officer.
There are currently 12 undertrial prisoners in the women’s prison and Gomathi is one of them. Officers pointed out that there are still many who are stuck inside the prison despite bail as they have no one to post sureties.
The Law Commission, in its 268th report, highlighted this issue and made recommendations to make it easier for all those awaiting trial to obtain bail. It was noted that 67% of the current prison population is made up of undertrials, which shows inconsistency in the grant of bail. The Supreme Court too noted that poverty was the main reason for incarceration of many persons, as they are unable to afford bail bonds or provide sureties.
The report also pointed out to Section 436-A in the Criminal Procedure Code, (Cr.P.C.), 1973 which states that undertrial prisoners, who suffered detention “during the period of investigation, inquiry or trial” for one-half of their maximum imprisonment, should be released by the court on personal bond with or without sureties.
Sudha Ramalingam, advocate, Madras High Court, said that it was the duty of the prison authorities to inform the Legal Aid Counsel about the inmate’s situation, who, in turn, must take appropriate steps to release her on her own bond. “It is the lawyer’s duty to apply for a modification petition to modify the bail conditions, and thereby get appropriate order to release her on her own bond,” she said.
Prison officials said that they expect Gomathi to be released soon.
* (name changed)