The first session featured Sukanya Shantha, an award-winning journalist and researcher with extensive experience in prison reporting, who provided deep insights into the conditions of Indian prisons and the need for prison abolition.

The discussion, led by Professor Saibaba's Study Circle and moderated by Praveen from India Labour Solidarity, focused on the state of prisons in India, particularly the systemic issues of caste, gender, and the treatment of marginalized communities within the prison system. 

 Key Points Discussed:

1. Prison Conditions and Marginalisation:

   - Sukanya Shantha highlighted that a significant majority of prisoners in India come from marginalised communities, including Scheduled Castes, Scheduled Tribes, and Other Backward Classes. Muslims and Christians, particularly from lower castes, are also overrepresented in prisons.

   - She emphasised that prisons are an extension of societal inequalities, with caste-based discrimination being institutionalized in prison manuals. For example, certain castes are assigned specific menial tasks like cleaning or manual scavenging, while higher castes are given less degrading work. The prison system is a product of the ruling class and it reproduces the caste in its daily operation. 

2. Prison Labor and Exploitation:

   - Prisoners, especially undertrials, are often forced into unpaid labor, despite laws stating that labor should be voluntary. Convicted prisoners are paid minimal wages, far below the minimum wage standards.

   - The prison system is designed to exploit cheap labor, with prisoners working long hours in harsh conditions.

3. Judiciary and Legal Failures:

   - The judiciary, which is supposed to protect the rights of prisoners, often fails to do so. Judges are incentivised to prioritise cases that earn them points (e.g., property disputes) over bail applications, which earn no points. This leads to prolonged incarceration, especially for those who cannot afford legal representation.

   - The police and judiciary often collude to delay trials and keep individuals in custody, even after bail has been granted, by exploiting procedural loopholes.

4. Political Prisoners:

   - The term "political prisoner" is often narrowly defined and limited to those with leftist or ultra-leftist ideologies. This excludes many marginalised groups, such as tribal communities criminalized by colonial laws, who are also victims of state oppression.

   - Political prisoners in West Bengal receive certain privileges, but these are not extended to the broader prison population, highlighting the inequities within the system.

5. Kashmiri Prisoners:

   - Kashmiri prisoners, often held under draconian laws like the UAPA, face severe mistreatment, including being kept in poorly ventilated cells and denied basic medical care. They are also subjected to psychological torture, such as being placed among right-wing radicals, making their incarceration even more perilous.

6. Women in Prisons:

   - Women prisoners face additional hardships, as prisons are not designed to cater to their needs. Many women are incarcerated for crimes related to societal pressures, such as infanticide or suicide attempts after giving birth to girl children. The lack of gynecological and pediatric care exacerbates their suffering.

   - Transgender prisoners also face severe discrimination and abuse, with little to no support from the prison system.

7. Prison Abolition:

   - The concept of prison abolition is rarely discussed in India. Most organisations working on prison reform focus on improving conditions rather than questioning the existence of prisons. Sukanya argued that the current system is beyond reform and needs to be dismantled.

   - She called for more narratives from directly impacted individuals, rather than academics or political prisoners, to drive the conversation around abolition.

8. Research Challenges:

   - Sukanya shared her methods of researching prisons, which include building contacts with prisoners through court hearings and receiving letters from incarcerated individuals. She highlighted the difficulties in accessing prisons due to government restrictions, especially after the 2012 Delhi gang rape case.

 Conclusion:

The discussion underscored the urgent need for a radical rethinking of the prison system in India. The current system perpetuates caste, gender, and class inequalities, and the judiciary often fails to protect the rights of the most vulnerable. Sukanya Shantha called for more grassroots narratives and a broader conversation around prison abolition, emphasising that the system cannot be reformed but must be dismantled. The session ended with a call to continue these discussions and work towards a more just and equitable society.

This is the second session of the Abolition in Indian context series that Professor Saibaba Study Circle and India Labour Solidarity co-hosted, this discussion featured social activist Anburaj, a former life sentence prisoner.

Anburaj spoke on the historical roots of India’s prison system, highlighting its casteist and colonial foundations that persist to this day.

He spoke on the systemic discrimination faced by marginalized prisoners, particularly Dalits, Adivasis, Muslims and other working class prisoners in India.

Anburaj pointed out that those who speak up for marginalised, and democratic rights—are subjected to political and institutional targets, the oppressive, authoritative mentality and prejudices against certain marginalized communities intending to suppress dissent. He also pointed out that the executive actions are often deemed contempt of court, thereby stifling public discourse on justice.

A key concern raised was the systematic erosion of judicial independence, as evidenced by the elevating judges who have Anti-Secular, and Anti-Social justice views on the democratic system, their presence in the judiciary favors the ruling. While with few exceptions like Justice Krishna Iyer once delivered progressive judgments, Anburaj argued that the dominance of Brahminical hegemony and the lack of caste representation within the judiciary undermine the essence of democratic judicial mechanism.

Anburaj spoke on the prolonged denial of justice to victims of Special Task Force (STF) operations in Tamil Nadu and Karnataka during the 1990s. Women who suffered the most by these operations are continuing to fight for justice, while state governments have failed to act on commission/committee recommendations.

The discussion also underscored the dire state of women prisoners and those who face inadequate access to sanitation, healthcare, and mental health support. Patriarchal conditions remain deeply embedded within prison walls, further marginalizing incarcerated women and their children. He emphasized the need for improved healthcare and support systems for women prisoners and their children.

Reflecting on his personal journey, Anburaj spoke about the transformative power of literature and art in prison. He emphasized the crucial role of family and relationships in maintaining hope and aiding rehabilitation. Additionally, he highlighted the challenges marginalized communities face in accessing legal aid. Despite legal provisions for assistance, only those with power social, and economic capital can access and navigate the justice system.

He emphasised the need for a rehabilitative approach to justice. Anburaj called for social and institutional support for marginalized and psychological profiling of convicted prisoners to understand the root cause of the problem rather than focusing solely on punishment. He strongly advocated for the abolition of capital punishment and the establishment of a comprehensive committee to review prison conditions in India.

The session provided an important discussion on the  existing criminal justice system and highlighted the urgent need for reforms that prioritize rehabilitation, justice, and dignity for all prisoners in India

The meeting focused on discussing abolition in the Indian context, featuring a presentation by Chandni Ganesh on her research "Who Cares For a Caged Bird" about care work performed by migrant South Asian women for incarcerated loved ones in the UAE. The discussion explored various aspects of incarceration, including the emotional impact on families, the complex legal system, and the concept of "wasta" or social capital in the UAE. Participants also examined the intersections of caste, race, and gender in the prison system, as well as the broader implications of abolition and the need for systemic change.

About Chandni: 

Chandni Sai Ganesh is a researcher working on caste, gender, and abolition. Her grandparents migrated from Kerala, India, to the United Arab Emirates, where she was born and raised. She earned an MA in Gender and Development at the Institute of Development Studies, University of Sussex. Chandni works with Diversity and Ability, a disability support organisation based in Brighton, United Kingdom. She is also a facilitator with lived experience at the Hank Nunn Institute. In her free time, she writes letters to prisoners and volunteers with refugees in Brighton.

“Who Cares for the Caged Bird?” is a multimedia e-zine that illustrates and analyses the care work migrant South Asian women perform for their incarcerated loved ones in the United Arab Emirates. This can accessed from www.whocaresforthecagedbird.com . Through extensive interviews and thematic analysis, this research examines the degrees of freedom in a carceral world and builds the case for abolition: the prison and its machinations can no longer serve as our mecca of justice.

This is the 4th session of the Abolition in Indian context series that Professor Saibaba Study Circle and India Labour Solidarity co-hosted featuring Allan Shuaib, Allan Shuaib law student and co-founder of Prison Rights Monitoring Project (Kerala). In 2019, they, along with Thwaha Fasal, were booked under UAPA charges for alleged connection with a banned communist party of India (Maoist ). As an under-trial prisoner, They spent 10 months in prison. The trial is still ongoing in the NIA Special Court, Kochi.

This discussion is focused on prison conditions and human rights issues in Kerala, India. Topics covered included overcrowding, discrimination, lack of basic necessities, and challenges faced by prisoners, particularly political detainees and those from marginalized communities. The discussion also touched on the need for prison reform, the impact of COVID-19 on incarceration, and the importance of raising awareness about these issues among the younger generation.

Kerala's Infrastructure, Prison Issues and Mental Health

Allan discussed the issues in Kerala highlighting the lack of discussion on basic infrastructures and medical care. They mentioned the protests by Asha workers for minimum wages and the police booking people for peaceful protests. Allan also talked about the situation in prisons, stating that the number of undertrial prisoners is increasing and people are subjected to human rights violations. They mentioned the overcrowding in prisons, which is exceeding the capacity, and the issues faced by prisoners such as caste issues, mental health, and religious or other discriminations. Allan shared his personal experience of witnessing human rights violations in prisons, including the lack of toilets and the fight for basic needs.

They also discussed their experiences as a political prisoner in a facility where corruption and caste-based discrimination were prevalent - with examples. They highlighted issues such as poor food quality, mistreatment of lower-caste prisoners, and the lack of consideration for mental health issues. Allan also mentioned the challenges faced by prison guards, who were often frustrated due to the inability to leave the facility for extended periods. They emphasized the need for addressing these issues and improving the overall mental health support within the facility.

High-Security Prisons: Challenges and Lawlessness

In Kerela's high-security prisons, Allan highlighted the religious issues, such as Islamophobia, and the lack of religious freedom for Muslim prisoners. They also mentioned the case of Rasik Rahim, ‘Thadavarakkalam’ who wrote a book about the experiences of Muslim prisoners. They noted the contradiction between the progressive outlook of the state government and its regressive stance on prisoners' issues. Allan also discussed the phenomenon of high-security prisons, which are often used for political prisoners, and the lack of specific laws governing them. They mentioned the case of Roopesh who started a hunger strike and filed cases against the high-security prison. Allan concluded by stating that the high-security prison system is characterized by lawlessness, with the superintendent having the power to decide what happens within the prison.

Allan discussed the recent issues in Kerala's prison system, including a prisoner's petition for reading books and the denial of education rights to a security prisoner. Allan highlighted the violation of rights in the case of Vijit, who was co-accused with Allan -  was locked in for 21 hours and denied basic interactions as they were named as a 'security prisoner'. They also discussed the issue of BSNL numbers being restricted for prisoners, which violates their right to communicate with their lawyers. Lastly, Allan mentioned the denial of mosquito nets to prisoners, which is a basic necessity in prisons.

Prisoner Pay Structure

Allan discussed the basic pay structure for prisoners, which starts at ₹63 and can increase to ₹127 after earning points. Avinash inquired about sanitation conditions in some prisons, to which Allan responded that while conditions vary, they are generally better in central jails compared to district jails. On Covid and overcrowding in prisons, Allan shared that while the situation was initially not too bad, it worsened during the second wave with prisoners being subjected to harsh conditions and police brutality. Allan also mentioned that the Covid period allowed him to reconsider his case and take a clear stand in court.

The session ended with discussion around the hypocrisy in Kerala's civil society, highlighting instances where support was selectively given based on personal connections and backgrounds. They also noted that the younger generation is often dismissed as being unaware of social issues, but shared his experience of a successful film festival and discussion program that attracted a diverse audience.

Reccomended Reading

• Kerala Is Seen as a Progressive State but Its Prison System Is Far From It by Allan Shuaib 

• Supermax Controlling Risk Through Solitary Confinement by Sharon Shalev

• NIA court allows prisoner studying religion to keep books in jail cell by Toby Antony