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Context:

• A reporter for The Wall Street Journal, was convicted of espionage in Russia and sentenced to 16 years in prison

What happens to the convict?

• The convict will be transferred into Russia’s Penal colonies, which are located very far from mainland Russia.
• Journey to Penal colonies can be troublesome, with prisoners isolated from the outside world and their relatives unaware of their whereabouts before they reach their final destination.
• Many people have described it as a 20-day journey from central Russia to a penal colony in the Arctic but such a trip would normally take about 40 hours by train.

What are penal colonies?

• They are settlements that isolate prisoners from society by placing them in remote locations, often islands or colonial territories.
• They are used to punish criminals through forced labour and have been around since at least the 18th century.
• In Russia, penal colonies evolved from the gulags, which were work camps established in the Soviet Union in the 1930s after the Russian Revolution.
• Prisoners often live collectively in groups called brigades, carrying out daily tasks in low-lying buildings surrounded by barbed wire.

Conditions in the colonies

• The penal colony system is often covered in secrecy, characterized by transfers between prisons and low communication on where a particular prisoner might be expected to serve out his sentence.
• Prisoners are typically barred from outside communication as they are being moved.
• The colony is also known for its beatings and severe isolation.
• Many colonies have reportedly been governed by criminal gangs in partnership with Russian authorities.

The Russian Revolution occurred in 1917, marked by two main events— ●The February Revolution (March 8-12, 1917, Julian calendar) and ●The October Revolution (November 6-7, 1917, Julian calendar). Causes of the Revolution: ●The revolution was fueled by socio-economic factors such as industrialization, urban overcrowding, food shortages, and the ineffectiveness of Czar Nicholas II's rule. Social Inequality: ●Russia's social structure was deeply unequal, with a large peasantry and a small elite of nobles and aristocrats controlling much of the wealth and land. ●Serfdom, abolished in 1861, left many peasants impoverished and discontented. Industrialization: ●Russia's industrial revolution lagged behind Western Europe, leading to rapid urbanization and overcrowded, poor conditions in cities like St. Petersburg and Moscow. Workers faced harsh conditions in factories and lacked political representation. World War I: ●Russia's participation in World War I further fuelled economic hardships and social unrest. ●The war strained resources, leading to food shortages and inflation, which worsened living conditions and discontent among both urban workers and rural peasants. Political Repression: ●Czar Nicholas II autocratic rule stifled political dissent and limited civil liberties. ●The government's handling of protests, such as the Bloody Sunday massacre in 1905, highlighted the regime's disregard for popular grievances and fueled revolutionary sentiment. Weak Leadership: ●Nicholas II's ineptitude as a leader and his decision-making during crises like the Russo-Japanese War (1904-1905) and World War I eroded public confidence in the monarchy. February Revolution: ●Started by bread riots and supported by striking workers in Petrograd (St. Petersburg), leading to the abdication of Czar Nicholas II and the establishment of a provisional government. October Revolution: ●Led by Bolsheviks under Vladimir Lenin, who seized power from the provisional government through a coup, establishing Soviet rule with Lenin at the helm. Civil War: ●Following the October Revolution, a civil war broke out between the Red Army (Bolsheviks) and the White Army (opponents of Bolshevik rule), ending in 1923 with Bolshevik victory and the establishment of the Soviet Union. ●Many white armies were sent to penal conlonies. Impact: ●The Russian Revolution led to the formation of the world's first communist state and had profound global implications, setting the stage for the Cold War rivalry between the Soviet Union and the United States.

Who is a Prisoner in India?

• Prisoner according to the Model Prison Manual 2016 is anyone who is confined in a prison under the authority of a competent body.

Rights of Prisoners:

• The United Nations Standard Minimum Rules for the Treatment of Prisoners (UN-SMRs) outline some global rules for treating prisoners:

Respect

• Prisoners should be treated with respect and dignity as human beings.

Non-discrimination

• Prisoners should not be discriminated against based on race, color, sex, language, religion, political or other opinion, national or social origin, property, birth, or other status.

Safety

• Prisoners, staff, service providers, and visitors should be kept safe and secure at all times.

Separation

• Men and women should be detained in separate institutions, or in institutions with separate premises for women. Untried prisoners should also be kept separate from convicted prisoners.

Work

• Prisoners under sentence should be required to work, but the work should not be distressing. Working hours should be set according to local rules, and prisoners should have at least one rest day per week, as well as time for education and other activities.
• Work should be fairly compensated, and prisoners should be able to spend some of their earnings on approved items and send money home. Vocational training should be available for prisoners who can benefit from it, especially young prisoners

Rights of Prisoners in India

• The Prisons Act of 1894 marked the first legal framework for regulating prisons in India. This act outlines provisions aimed at ensuring the welfare and protection of prisoners, including both convicts and undertrials.

Among others following provisions are very important:

Right to Adequate Accommodation (Section 4)

• Every prison should uphold human dignity, covering aspects such as accommodation, hygiene, sanitation, food, clothing and medical facilities.

Right to Shelter and Safe Custody for Excess Prisoners (Section 7)

• If any prison becomes overcrowded and it’s impractical to transfer the excess number of prisoners to other facilities, temporary prisons should be arranged to provide shelter and safe custody.

Examination of Prisoners by Qualified Medical Officers (Sections 24 and 26)

• Every prisoner is entitled to be examined by a qualified Medical Officer.

Separation of Prisoners (Section 27)

• In a prison housing both female and male prisoners, females must be placed in separate buildings or distinct sections of the same building.

Solitary Confinement (Section 29)

• Prisoners in solitary confinement for more than twenty-four hours, whether as a punishment or otherwise, must be visited by the Medical Officer or Medical Subordinate at least once a day.

Employment of Criminal Prisoners (Section 35)

• Prisoners sentenced to rigorous imprisonment may engage in manual labour for more than nine hours in emergencies with written approval from the Superintendent.
• The Medical Officer should assess prisoners while they work, record their respective weights on each prisoner’s history ticket and ensure they have adequate rest.
• If the Medical Officer believes a prisoner’s health is deteriorating due to a specific job, that prisoner should be reassigned to a more suitable task as determined by the Medical Officer.

Visits for Civil and Undertrial Prisoners (Section 40)

• Both convicts and undertrial prisoners have the right to meet with individuals they wish to communicate with while in prison, during proper times and under reasonable restrictions.
• Undertrial prisoners may be allowed to meet their duly qualified legal advisors in private, without the presence of any other individuals, in the interests of justice.

Constitutional Rights of prisoners in India ●Article 14 of the Constitution guarantees equality before the law and the equal protection of the law, ensuring that all individuals should be treated equally. ●Article 22(1) of the Indian Constitution ensures the right to be defended by a legal practitioner of one’s choice. It states that” No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.” ●Article 20(2) of the Constitution of India guarantees that no person shall be prosecuted and punished for the same offence more than once. ●Article 39A of the Constitution further provides for legal aid to the poor and weaker sections of society, including accused persons. Article 21 of the Indian Constitution states that “no person shall be deprived of his life or personal liberty except according to the procedure established by law.” The right to a speedy trial is a fundamental right of prisoners in India enshrined in Article 21. Article 19 of the Constitution Article 19 of the Constitution provides various freedoms for citizens, including: ●Freedom of speech and expression ●The right to assemble peaceably and without arms ●The right to form associations or unions ●The right to move freely throughout the territory of India ●The right to reside and settle in any part of the territory of India ●The right to practise any profession or carry on any occupation, trade or business The Prisoners can exercise only two of these freedoms: ●The right to freedom of speech and expression (Article 19(1)(a)) ●The right to become a member of an association (Article 19(1)(c)).

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Sources

https://indianexpress.com/article/explained/explained-global/russias-penal-colonies-explained-9466720/

https://www.history.com/topics/european-history/russian-revolution

https://www.unodc.org/documents/justice-and-prison-reform/Nelson_Mandela_Rules-E-ebook.pdf

https://lawbhoomi.com/rights-of-prisoners-in-india/#:~:text=The%20rights%20of%20prisoners%20in,be%20present%20during%20trial%20proceedings.

PRACTICE QUESTION Q. Although the criminal justice system in India provides for adequate rights to the prisoners, the rights of prisoners are often inaccessible to them. Critically examine in the light of need for prison reforms in India.(250 Words)