It defined in considerable detail the duties, responsibilities and powers of all classes of prison officers; contained provisions for the classification and punishment of all classes of offenders; their management in sickness and in health; their food, clothing, work, instruction; and, in fact, every detail of discipline during their residence in gaol, their transfer from one prison to another, their discharge, and in the execution of capital sentences.” Since these rules were framed a system of remission of sentence as the reward for good conduct in gaol has been introduced, based on the principle of what is known as the Irish system.
One of the chief peculiarities of Indian prison management is the employment of convicts in the maintenance of discipline. From the earliest days, prisoners were employed in the discharge of all the menial duties of the gaols, cooking, washing, cleansing, scavengering, husking rice, grinding corn and the preparation of food. The difficulty of obtaining trustworthy warders on the salaries allowed, and the impossibility of preventing the introduction of forbidden articles through their agency, led to the trial in the gaol at Alipore of well-behaved, long-term convicts as prison guards. They were found to be more reliable than outsiders, and to discharge their duties more efficiently. The practice was adopted in other prisons, and when conducted with care and discretion, worked so well that the system has been extended throughout India. Special provision for it has been made in all the gaol codes. As a reward for good conduct and strict obedience to prison rules, all convicts whose behaviour has been exemplary throughout, and who have completed the prescribed term of hard labour, are eligible for the offices of convict warder, guard and work-overseer. The number employed in these offices can never exceed ten per cent. of the criminals in custody. All such appointments are made with great care and deliberation, and are subject to the sanction of the head of the prison department, by whom they are closely watched. They are liable to forfeiture for serious misconduct or breach of duty.
As a measure of economy in diminishing the cost of guarding prisons, and as a means of reformation in teaching self-respect and self-control, the plan has been successful everywhere in India, contrary to the usual experience of penal legislators. The privilege is much prized, and few prisoners who have held such offices have relapsed into crime, while many have obtained positions of trust on the completion of their sentences.
In the gaols of Bengal the privileges of caste are respected in general, but no false plea of caste is permitted to interfere with punishment. With care, tact and such knowledge of the people committed to his charge as every officer in command of a prison ought to possess, no great feeling of dissatisfaction is likely to arise or to be created. But from the jealousy with which all proceedings within the prisons are watched by the outside population, and the rapidity with which intelligence regarding them is spread, it is evident that extreme care must continue to be observed in the matter. While it is well known that imprisonment with its enforced associations is always attended with loss of caste, that, however, is readily restored by the performance of slight penances on release. It is instructive to find, on tracing them throughout the country, how the same castes, whatever differences of names they bear, are most prone to the commission of the same classes of crime.
Again, it is strange to discover that belief in witchcraft and the existence of witch-finders is a source of crime in the East at the present time. Among the Kols, an aboriginal race in the south-west of Bengal, each village is supposed to have a tutelar divinity, generally an evil spirit to whom is assigned all the sickness, epidemics, diseases and misfortunes which occur in the village. To this spirit certain lands are assigned, and the produce of this land is used in propitiatory sacrifices. The existence of this superstition is said to be a frequent cause of murder and extortion. The Kols believe in the powers of divination of “witch-finders,” who are usually consulted when anything untoward occurs in a village. This witch-finder, who often lives at a distance, performs certain absurd ceremonials, and pretends through them to discover who in the village has caused the anger of the tutelar deity. The person denounced is generally called upon to pay handsomely for the evil caused, and usually does so, but if he refuses he is frequently murdered, and whether he pays or not, if the misfortune does not cease he is driven from the village, if no worse fate overtakes him. All this is done in the utmost good faith, faith as absolute as that with which witch-hunting was pursued by the puritans of Scotland and America.
Sir Richard Temple, one of the most famous of India’s recent proconsuls, passes an approving verdict upon Indian prisons as they existed to the date of his volume, “India in 1880.” He was of the opinion that they were managed conscientiously and as far as possible, with the means available, according to accepted principles. They erred perhaps in construction, and showed many shortcomings as regards sanitation and disciplinary supervision, but an earnest desire to improve them has animated the Indian government and its officials. Native states, a little tardily, perhaps, have followed suit, and many possess prisons imitating some of the best points of the British system. They long clung, however, to the old barbarous methods of punishment, such as short periods of detention with flogging, various kinds of fining, compensation to the relatives of murdered men, and mutilation in cases of grave robbery. A capital sentence was very rarely inflicted.
Gradually public opinion in India awoke to the belief that something more than mere penal detention was needed for the treatment of prisoners. Outdoor labour, chiefly employed hitherto, was deemed injurious to health and demoralising to discipline, entailing undue expense in staff and guards; and so employment within the walls was substituted, with organised industries and manufactures by hand and with the help of machinery. The work done includes the weaving of carpets, which have a certain value and reputation, and much cotton and other fibres are manufactured; and the prisoners work at printing, lithography and other useful trades. The rules for wearing irons and fetters have been revised, and a consistent attempt has been made at classification by separating the old habitual criminals from the less hardened offenders. The system of earning remission by industry and good conduct, as practised in the British prisons, has been introduced with good results. Sanitation and ventilation have been much improved, so that mortality has greatly diminished. Solitary confinement is enforced as a means of discipline, but the cellular separation of prisoners by night makes only slow progress, and the association of all classes, good, bad and indifferent has a generally injurious effect upon prisoners.
According to Sir Richard Temple’s figures, there were in his time more than two hundred prisons in all India, exclusive of 386 lock-ups, and the daily average of inmates was 118,500, of whom only 5,500 were females. The annual number of crimes committed and charged was 880,000, and as more than one person is often concerned, the number of persons tried amounted to 970,000, of whom 550,000 were convicted, the balance being under trial or discharged. The labours devolving upon the police were obviously severe, and the prisons were always full.
Among the leading Indian prisons of to-day, one of the largest, the Ahmedabad gaol, was originally a Mohammedan college and was converted to its present purpose in 1820. Miss Mary Carpenter, who visited it in 1868, describes the gaol as follows: “It is a fine-looking building and near the citadel, but not of course well adapted to its present purpose, though the large space enclosed by the buildings gives it great capabilities of improvement. The first thing which struck us painfully was that the men had irons on their legs. This barbaric custom, which has long been exploded in our own country, is here preserved and is indeed general in India in consequence of the usual insecurity of the premises. The prisoners were working in large open sheds with little appearance of confinement. A number were occupied in weaving strong cotton carpets which appeared well calculated for wear. Others were making towelling of various kinds, very strong and good, from the cotton grown in the neighbourhood, while others were manufacturing pretty little cocoa mats and baskets. There was in general a criminal look in the culprits; they were working with good-will and appeared interested in their occupation, as in an ordinary factory. Except the chains, there was nothing of a penal description in the scene around us; and although this cheerful open place, with work at useful trades, might not give the intended feeling of punishment, still it was to be hoped that training these men to useful labour, under good moral influences, must have a beneficial influence on their future lives. On remarking this to the superintendent, he informed me that the salutary effect of the day’s work under proper supervision was completely neutralised, or even worse, by the corrupting influences of the night.
“There