Table of Content
2. Table of Content
3. List of abbreviations
4. List of statutes
5. List of tables
6. List of figures
7. List of Annexure
CHAPTER I INTRODUCTION
1.1 Background of the study
1.2 Research problem
1.3 Research objective
1.3.1 General Objectives
1.3.2 Specific Objectives
1.4 Limitation of Study
1.5 Rational of the study
1.6 Organization of the study
CHAPTER II REVIEW OF LITERATURE
2.2 Review of literature
2.3 Analysis of literature review
CHAPTER III RESEARCH METHDOLOGY
3.1 Research design
3.2 Research technique
3.3 Study population
3.4 Sample size
3.5 Inclusion Criteria
3.6 Validity and reliability of the Instruments
3.8 Data collection tool
3.9 Data Collection plan
3.10 Data Analysis Technique
3.11 Ethical considerations
CHAPTER IV CONCEPTUAL FRAMEWORK
4.1 Rehabilitation and Reintegration Programs
4.2 International legal Framework
4.3 Nepalese Legal Framework
CHAPTER V RESULTS
CHAPTER IV FINDINGS, CONCLUSION & RECOMMENDATION
6.1 Major findings
6.3 Recommendation for implementation
First and foremost my acknowledgement goes to the tireless effort and critical assessment of this work by my supervisor, Mr. Ganesh Bahadur Bhattarai and Mrs. Suman Lata Bhandari whose invaluable input made me to run an extra mile so as to bring this work to this successful conclusion.
Special acknowledgement goes to head of department of prison for their support. I am grateful to the Commissioner of prisons, officers, staffs and inmates of Central prison, Kathmandu for granting permission for researcher to carry out this study in the Prisons and for having voluntarily given me information, which contributed to the completion of this study.
I am also greatly indebted to my friend Ms. Pratigya K.C. and all Kathmandu School departments and supporting hands for their restless efforts and assistance in collection of data and in producing this clean piece of work.
TABLE OF ABBREVIATIONS USED
Abbildung in dieser Leseprobe nicht enthalten
TABLE OF STATUTES USED
Principles for the Protection of All Persons under Any Form of Detention or Imprisonment
United Nation (UN) Standard Minimum Rules for Treatment of Prisoners (Nelson Mandela Rules)
Universal Declaration of Human Rights (UDHR)
International Covenant on Civil and Political Rights
Constitution of Nepal 2015
Criminal Offense (Punishment Determination and Implementation) Act, 2074
Prison Act, 2019 (2074 amendment)
Prison Regulation, 2020 (2072 amendment)
1. Distribution of socio-demographic characteristics of respondents
2. Distribution incarceration status of imprisonment characteristics of respondent
3. Distribution of living conditions of inmates characteristics of respondents
4. Distribution of health conditions characteristics of respondents
5. Distribution of rehabilitation programs characteristics of respondents
6. Distribution of reintegration programs characteristics of respondent
7. Distribution of recreational programs characteristics of respondent
8. Distribution of Internal rules and disciplinary characteristic of the respondent
LIST OF FIGURES
1. Vocational and Training programs
2. Kinds of factory and industry
3. Organizer of rehabilitation programs
4. Education facility inside prison
5. Counselling & training
6. Time period for rehabilitation programs
7. Market management and raw materials
8. Changes made by rehabilitation programs in inmates'
9. Hindrances on implementation of rehabilitation programs
10. Impact of rehabilitation programs on inmates
LIST OF ANNEXURE
1. Informed consent by respondents (English)
2. Informed consent by respondent (Nepali translated version)
3. Research tool (English version )
4. Research tool (Nepali translated version)
CHAPTER I INTRODUCTION
Society at any stage of its growth has never been free from the problem of crime. It is unavoidable since; some violation of the prescribed code of conduct is bound to occur. Crime in society is universal and is inseparable. Lack of punishment creates a society which is incapable of maintaining civil order and citizen’s safety. So punishments must be imposed on law violators.
Law exists to bind together the community. It is sovereign and cannot be violated with impunity. Roscoe Pound observes; “Law is the body of principles recognized or enforced by public and regular tribunals in the administration of justice”. According to Salmond, the administration of justice implies the maintenance of right within a political community by means of the physical force.1
Imprisonment in sentencing policy plays a significant role in criminal justice system. With the increase rate of inmates all over the world, imprisonment is a response driven by four fundamental principles; incapacitation, retribution, deterrence and rehabilitation.2 Prison is one of the reformative approaches necessary for maintenance of social unity and order. Prison under modern jurisprudence is usually associated with law of crimes. The object of prison should bring about the moral reform of the offender. S/ He must be educated and taught some art or industry during the period of his imprisonment so that he may be able to start his/her life again after his/her release from jail. A person in prison does not become a non-person, Prisoner in prison is entitled to all basic rights within the limitation of imprisonment, Prisoners are sent to prison, not for punishment but as punishment are broad principles in prison reform system in India in number of judgments of Supreme court.3
According to view of Salmond, ' if criminals are to be sent to prison to be transformed into good citizens by physical, intellectual and moral training, prisons must be turned into comfortable dwelling places.4 Reformative theory, prison is not a means for the benefit of others. Rather, punishment is given to educate or reform the offender himself.
Rehabilitation efforts are an attempt, through treatment or programming, to stop offenders from continuing to offend. Webster (2004) notes that “rehabilitation is a crime prevention strategy rooted in the notion that offenders can change and lead crime-free lives in the community” “Rehabilitation” is understood here as including those strategies, measures and programms applied during incarceration in preparation for release. The third term “reintegration” refers to re-entry of released inmates into harmonious interactions with others5
There are 74 prisons housing over 18,000 inmates in 72 districts against their capacity of 10,000 inmates. The new initiative is expected to ease the pressure on overcrowded prisons. Overcrowding in prisons is a growing challenge for prison management in the country.6 The purpose of jail and prison were forms of rehabilitation by punishment. Some of the most neglected, misunderstood people are those in jails, prisons and community correctional facilities. There are many reasons for growing numbers inmates in criminal justice system. While inmates' rate of incarceration has increased dramatically, tripling in last decade, prisons have not kept pace with the growth of number of inmates in prison; nor has the criminal justice system been redesigned to meet inmates' needs, which are quite different from the needs.7
Thus, Inmates and their conditions are less researched and ignored national of state. Inmates live in such conditions that restrict their social, healthcare and economic freedoms. Prisoners in Nepal are overcrowded8, underfunded and centuries old buildings has been used for prisoner's accommodation. Offender of crimes, are usually left out of studies. This study adds to the understanding of the experiences of who have been convicted of criminal offenses. Also, this study seeks to fill the void in social sciences as regards the neglect of offending by bringing to light the experiences of inmates in relation to crime before, during, and rehabilitation and reintegration programs experienced after their incarceration. By enabling the participants in the study, tell their experiences in their own “voices”, it is hoped that an insightful understanding reality about rehabilitation and reintegration programs inside prison will be attained.
1.2 Research Problem:
What kinds of rehabilitation and reintegration programs are implemented for convicted inmates in central jail of Kathmandu?
What rehabilitation and reintegration programs are accessible in law for convicted inmates in central jail of Kathmandu?
How rehabilitation and reintegration programs have impacted on convicted inmates of central jail of Kathmandu?
1.3. Research Objectives:
In line with the research problems of the study, the study objectives are:
1.3.1. General Objective:
To explore the rehabilitation and reintegration programs exercised by convicted inmates in central jail of Kathmandu.
1.3.2. Specific Objectives:
- To evaluate what kinds of rehabilitation and reintegration programs are executed for convicted inmates in central jail of Kathmandu
- To examine laws for rehabilitation & reintegration programs to convicted inmates in central jail, Kathmandu.
- To find out the impact of rehabilitation and reintegration programs on inmate's life in the prison.
1.4. Limitation of the study:
- Study and data is limited to interview conducted with inmates of central jail at Jagannath Dewal.
- Study is limited to fourty (40) inmates interviews, twenty convicted females inmates from women prison block, and twenty male inmates' from central prison block at Jagannath Dewal.
- Study is limited to national and international laws for the rehabilitation and reintegration programs of prisoners.
- Study limits interview questions on inmates rights provided in Prison Act and Muluki Criminal Offense Punishment and Implementation Act of Nepal.
- Study is not based on any other authority's interviews nor has any other recorded data has been obtained.
1.5. Rationale for the Study:
- Inmates are the less researched and ignored national of the state.
- Prisoners live in conditions that restrict their social, healthcare, and economic freedoms.
- Prisons are overcrowded, underfunded and not researched subjects.
- Study contributes as preliminary data supporting further study and research. It will also contribute towards continuation of effective maintenance inside prison management, by addressing their problems.
- It also contributes towards continuation of effective maintenance inside prison management, by addressing their problems. Study aids in formulation and changes of administrative rules and protocols for better reformation of prisoners upholding the dignity and right to life of prisoners and also will concern to make the prisoners prepared as a reformed individual who will work as a reformed individuals, who will work as a functional member of a society after her release.
- The study points out the real situation of rehabilitation of convicted prisoners and states the gap between the law and practice and if required for recommendation for change.
- It prove evidence for further research in coming future for comparison. Findings and recommendation will be useful for criminal law students and penologists in providing real situation of prisoner by enhancing their skills.
1.6. Organization of the study:
Based on the objectives of the study following instruments was used in the study.
Section I: Socio-demographic variables.
Section II: Incarceration in relation to current imprisonment.
Section III: Living condition inside prison
Section IV: Medical care
Section V: Rehabilitation programs to inmates
Section VI: Reintegration
Section VII: Recreational programs
Section VIII: Inmates internal rules and discipline
Section I - It consist of questions related to socio-demographic variables of the respondents, such as: age, sex, ethnicity, and religion, and marital status, type of family and total monthly income of the family.
Section II - It consist of questions related present situation of inmates inside imprisonment. Questions will consists of conviction, tenure of imprisonment, time spent in prison, conviction for, was it first time crime, cause of crime, education in prison, work in prison, child and pregnancy status, problems of abuse and bribe inside prison.
Section III- It consist of questions about living conditions of them inside prison. Questions are of crowed, light ventilation, bathroom facilities, foods, number of person kept in prison as such.
Section IV - It consisted of questions related to medical facilities inside prison questions are related with heath problems of female inmates, medical treatment, how periodically medical examination is done for them, are women pregnant or have children with them, is there any medical examination facilities available in the prison.
Section V: It consist of facilities available in the prison for the inmates about vocational and technical programs, counseling and therapy, rehabilitation programs, who conducts rehabilitation programs, how long programs are conducted and how programs has impacted their life and hindrances.
Section VI: It consists of programs of recreational and reintegration made available and managed to inmates such as is there library facilities, family visiting, awareness programs, Tv, radio, sports and entertainment, after care programs.
Section VII: It consists of inmates recreational facilities available inside prison.
Section VIII: This part consists of inmates internal disciplinary rules, questions are made to seek reply of respondents on inmates and inmates' violence, internal rules and punishment for such inmates inside prison.
CHAPTER II LITERATURE REVIEW
Review of literature is the key step in the research process. Review of literature refers to an extensive, exhaustive and systematic examination of publications relevant to the research project. Review of literature is defined as a broad, comprehensive in depth, systematic and critical review of publications, unpublished scholarly print materials. In order to find out the appropriate literature (research article, study report, journal, textbook etc.) the researcher has visited the different library. Besides, relevant web pages have also browsed. Therefore, doctrinal literature review has been done through diverse available materials.
2.2. Related Literature Review:
1. Depression among inmates in a regional prison of Eastern Nepal: a cross-sectional study9.
Cross-sectional study was conducted in Jhumka Regional Prison, the largest prison in eastern Nepal as methods of study from September 2014 to August 2015. A total of 434 randomly selected inmates were interviewed using a semi structured questionnaire examining socio-demographic characteristics, detention status, self-reported health problems, substance use status, and suicidal ideation. Depression was screened using the Centre for Epidemiologic Studies Depression scale. Chi-square tests and multiple logistic regression analysis were applied to determine the association between depression and related variables.
The mean age of the participants was 35.7 years (SD 13.3). The prevalence of depression among the inmates was 35.3%. Approximately 2.3% reported suicidal ideation during imprisonment and 0.9% had attempted suicide inside the prison. This study showed a high rate of depression among inmates in Nepal. The results suggest a need for psychiatric and rehabilitative care in correctional settings to improve the health status of the inmates.
2. Rehabilitation and reintegration Needs of Female Inmates and Promotion of Mental Health in Georgain Prison.10
The survey was carried out in Rustavi prison (number 5), representing the only penitentiary facility for women in Georgia. As of March 2012, the total population in the above mentioned facility was 1.100, including 138 pre-trial female detainees. The data was collected through face-to-face interview of female offenders using set of structured questions with a few open-ended questions. Research is necessary to explore trauma, substance abuse and violence effect on women’s pathways to crime.
The study findings help prison managers to recognize the need for gender-responsive approach for women that take into account physical, psychological, emotional, mental and societal issues.
A survey instrument (questionnaire) was developed within a theoretical framework based on four fundamental theories: Pathways Theory, Theory of Women’s Psychological Development and Trauma and Addiction Theories. Sample size was defined to be 120 surveyed persons. The study showed that needs of incarcerated women were different from those of men, thus requiring approaches tailored to their specific psychosocial characteristics and situations. The basic population of imprisoned women consisted of young, energetic, working-age females, most often with a professional qualification. Female prisoners suffered from psychological problems and were more likely to be rejected by their families. Most of them had children and suffered that the children were growing without mothers. A substantial proportion of women offenders had multiple physical and mental health problems. Based on the study findings a conceptual framework can be elaborated towards planning and developing gender-sensitive services in prison. In the long-term perspective, acknowledgement of baseline needs and introduction of the relevant needs-specific programs and services may benefit women prisoners as well as their families, improving the effectiveness of the criminal justice system.
3. Custodial provisions for women: An Empirical study of Karnataka central prison11
A sample of 165 female prisoners (Convicts) from the seven Central prisons of Karnataka was taken to study the factors responsible for commission of Crime among women with structured Interview schedule. Research was done to study the age group of the women involved in Criminal activities, to study the facilities provided to the women prisoners in the Prison, to study the provisions related to the children of women prisoners. The 3 ‘R’ Theory for Rehabilitation of Prisoners, Release, Renewal and Rehabilitation are the three main ingredients that equip a prisoner to lead a normal life. Thus in the study all socio-demographical, living condition, rehabilitation, reformation, approach has been surveyed. It has come out that prisoners are using the skills, they have learnt during imprisonment, to earn their livelihood after their release from prisons. It would not be out of place to mention here that the Prison Departments are helping the released prisoners in terms of finances and technical know-how for setting up their business. The prisons also follow-up the progress made by them in this regard. The process of after-care and rehabilitation of offenders is an integral part of institutional care and treatment. These two should never be de-linked. The after-care of a prisoner is an extension of the institutional treatment programme; and the administrative machinery for carrying out these programmes is effectively integrated with the department of prisons.
4. Effectiveness of Rehabilitation Programmes in the Nigerian Prisons: A Study of Perception of Inmates in Enugu Prison.12
The major objective of the study was to find out the prison inmates’ perception of the effectiveness of rehabilitation programs in the Nigerian prisons service with reference to Enugu prison. The study adopted the cross-sectional survey design. A total of one hundred and forty five (145) inmates comprised the target of the study. Questionnaire was the instrument used for data collection. The Statistical Package for Social Sciences (SPSS), frequency tables and percentages (%) were employed in the data analysis. The result showed that rehabilitation programs in the prisons have not achieved much. It was also discovered that the duration of service for the inmates does not make the inmates to be actively involved in rehabilitation programs. Majority of the respondents agreed that lack of fund/inadequate funding was the major hindrance to the programs. It is recommended that social workers, philanthropists should contribute in ensuring that adequate facilities are provided to enhance the effectiveness of the rehabilitation programs.
5. The Impact of Prison Reforms on the rehabilitation programs in Kenya: A case study of Kamiti and Langanta prisons.13
On the study, 51 inmates respectively were purposively sampled from Kamiti and Langata prison. The study applied both qualitative and quantitative research methods through use of questionnaire, interviews and observations. Data analysis applied the statistical package for social scientists (SPSS) most specifically descriptive statistics. Some of the information was obtained from various items under the stated programs, which were summarized to get reflected means. Vocational (prison industries and farms), counseling (one on one and group counseling), recreational (radio, ball games, music and Tv).
Data Obtained through research represents respondents rating of the programs, vocational training was rated highest with a mean rating of 4.49, followed by counseling at average rate of 4.36. The respondents attributed the high performance to the funding in prison vocational programs and regular counseling that they attributed to committed prison chaplaincy officials. The highest reforms 50% were experienced in education and recreational programs. Study found that these reforms resulted to a multiplier impact of 37% satisfaction in both staff and inmates on programs.
This implies that there is an encouraging outcome and the stakeholders need to do more and support the reforms in the infrastructures, programs and legislation.
6. Prison Rehabilitation:14
As French Philosopher Michel Foucault put it, punishment shifted over time from the discipline of the body to the disciple of soul. convicted person and the main objective of modern penal policy, to counter habitual offending, also known as criminal recidivism.
In past rehabilitation may have been directed at reforming the character of prisoners, its focus is now on preventing reoffending. Techniques of rehabilitation vary as per nature of offender, type of offence committed and institution. Education, vocational training to help offender learn skills use outside prison, to psychological rehabilitation dealing with various problems. The success that prisons achieve is hampered further by many prisoners lacking basic skills or suffering from social and psychological problems.
Reintegration occurs when the victim or offender can become active and productive parts of their communities. To accomplish this, victims and offenders must find communities with the following characteristics: mutual respect for those in the community, mutual commitment to others in the community, and intolerance for--but understanding of deviant behaviour by members of the community.15 Thus "reintegration" generally refers to "reentry" or "resettlement". In this review, these terms interchangeably to designate interventions, programs and services designed to assist prisoners to live law-abiding lives in the community following their release.16
8. Prison and Jail Security in Nepal:17
Doctrinal study on the above topic focus, Nepal’s prison system denies most of its inmate’s humane living conditions, adequate food, health care, recreation, communication facilities, and access to justice, and gainful employment. Most of the prisons of the country are old dilapidated buildings. Some walls and ceilings are on the verge of collapse, roofs leak and many of the rooms are damp due to the lack of ventilation and the cold earthen floors. The foul smelling toilets make life miserable for prisoners. Nepal’s prisons are run under an old, outdated legal framework that only views prisons as places of punishment. Out of total 73 prisons in the country most of them are overcrowded. Due to the lack of adequate infrastructure, basic facilities, proper management and security arrangement, serious nature of crimes have occurred in the prisons. Most of the jails are still on the same premises when these were raised during Rana period. Now the locations of the prison/jail have become a problem in itself. For example the location of Central Jail at Tripureswor is in the middle of the posh business area. The multi-storied high-rise building of shopping complex is threat to the security of inmates. Anyone can do anything from the shopping complex.
9. Treatment, Management and Rehabilitation of Women in Prison: Relevance of Rehabilitation Principles:18
Study on this topic research focus on literature pertaining to the needs of women in prison and on management and rehabilitation implications of their necessary needs.It has revealed that new researchers has wide-ranging eye over imprisonment in general, and on the imprisonment of women in particular. The impetus comes from many sources, almost them the increasing prevalence, internationally, of women in prison and the perceived failure of governments and correctional systems to deliver the reforms and changes in management of women prisoners that seems to be required. Increasing number of women in prison and the failure to deliver necessary reforms is probably a more argumentative declaration. Many developed countries in twentieth century; women's imprisonment was punitive, totally inappropriate to the needs of women being sent to prison. Thus, paper discuss on long-term interest in psychological treatments and rehabilitative programs for offenders in general and identifies some features of best practice in rehabilitation in general and realize those issues arise in applying the below mentioned principles to the treatment and rehabilitation of women in prisons. Best practices identified by Canadian researchers (Andrews Bonta and others which have international endorsement. Five principles of rehabilitations are:
- Risk: who and how much? (risky behavior for offending to be addressed )
- Needs: What? (Cause of offend)
- Responsively: how?
- Program integrity
- Professional discretion
There are seems many need areas that need to be valuation which are:
- Psychiatric / Psychological Needs
- Substance Abuse
- Post-traumatic Stress disorder
- Los self-esteem
- Personality disorder
- Health problems
- Physical/sexual abuse
- Self-injury and suicide in prison
The public accounts of the Canadian programs suggest that attempt have been made to address women's specific needs and to make them responsive programs are grouped below:
- Living Skills Programs
- Substance Abuse Programs
- Literacy and Continuous Learning programs
- Survivors of abuse and trauma programs
- Mother-child Programs
- Other programs and services
Thus, paper majorly highlights the principle of risk, need and responsively are indeed useful in sharpening our thinking about what need to be done in managing women in prison in a more reformative, effective and humane method.
10. Gender-Responsive Treatment and Services in Correctional Settings:19
This doctrinal research on this topic focus on number of women under correctional supervision continues to increase; there is an emerging awareness that women offenders present different issues than their male counterparts. This paper addresses the importance of gender in terms of program design and delivery and describes the context for the development of effective gender responsive programming for women. Using the pathways theory of women’s criminality, the elements that should be considered in women’s treatment and services are addressed, such as: program environment/culture, staff competencies, theoretical foundation, treatment modalities, reentry issues, and collaboration. The content of gender-responsive programming that integrates substance abuse and trauma services is also discussed. Paper discuss on guiding principles were developed to serve as a blueprint for gender responsive treatment and services. Acknowledging gender differences, Creating environment based on safety, respect and dignity, develop policies, practices and programs that are rational and promote healthy connection to children, family, significant others, and the community, address substance abuse, trauma and mental health issue through comprehensive, integrated, and culturally relevant services and appropriate supervision, provide women with opportunities to improve their socioeconomic conditions etc. For women who are in the criminal justice system, a gender-responsive approach would include comprehensive services that take into account the content and context of women’s lives. Programs need to take into consideration the larger social issues of poverty, abuse, and race and gender inequalities, as well as individual factors that impact women in the criminal justice system. Programming that is responsive in terms of both gender and culture emphasizes support. Service providers need to focus on women’s strengths, and they need to recognize that a woman cannot be treated successfully in isolation from her social support network. Coordinating systems that link a broad range of services will promote a continuity-of-care model and, equally important, help to establish a continuity of relationship. Such a comprehensive approach would provide a sustained continuum of treatment, recovery, and support services.
11. Prison Should Rehabilitate:20
This topic doctrinal Study focus on propose of penal system is to change the character and behavior of prisoners in order to protect society and help them. It has attracted those who think crime as an individual's moral failure, or as evil caused by corrupt social institution. At early, punishment is not on stressed on eye for eye and tooth for a tooth. However, by the beginning of 18th century more humane practice of imprisonment slowly began to replace branding, corporal punishment and execution as preferred method of dealing with lawbreakers. Under new doctrine punishment actually served two purposes: to exact society's retribution and to deter the offender as well as others who consider committing future crimes. From early 19th century until well into 20th century prisons attempted to combine the generally incompatible goals of punishment and deterrence with rehabilitation.
12. Nepal's Prisons:21
This doctrinal research focus about prisons of Nepal; prisons in Nepal are not shouse only for criminals. They include children of prisoners, political inmates, women who have undergone abortions, and countless inmates who have not received any sentence.
Most prisons in Nepal are overcrowded and the conditions of detention are extremely poor. The prisoners have inadequate access to holistic health services, including psycho-social services. During mobile health clinics in seven prisons of Nepal it was found that 83 % of the prisoners suffer from psychological as well as physical health issues. The inmates most commonly suffered from anxiety, post-traumatic stress symptoms, fungal infections and other communicable diseases. The inmates’ legal rights are routinely denied. Legal or paralegal services are not made available to the prisoners.
Nepal’s Prison Act was formulated half a century ago, followed by many amendments. However, none of the provisions in the act have been implemented and many need further amendments.
Recently the Prison Infrastructure Management Improvement Task Force studied the country’s prisons and issued a list of 36 recommendations. These include the transformation of jails into reform houses through the establishment of an open prison system. A 50% reduction in inmates is proposed through speeding up court hearings. The government has shown an interest in implementing the recommendations.
13. Law suit to challenge violation of rights on Prison:22
Doctrinal study on Handbook explains how a person in a state prison can start a lawsuit in the federal court, to fight against mistreatment and bad conditions. The Handbook does not assume that a lawsuit is the only way to challenge poor treatment or that it is always the best way. It only assumes that a lawsuit can sometimes be one useful weapon in the ongoing struggle to change prisons and the society that makes prisons the way they are. The Handbook discusses only one kind of legal problem which prisoners face – the problem of conditions inside prison and the way you are treated by prison staff. The Handbook does not go into how you got to prison or how you can get out of prison. It does not explain how to conduct a legal defense against criminal charges or disciplinary measures for something you supposedly did in prison. A prisoner can take several different kinds of legal action about conditions and treatment in prison. This Handbook is about only one of those kinds of legal action.
14. Life in a Women's Prison:23
Doctrinal study focus on restrain on women in prison Most correctional facilities for women have better physical surroundings than institutions for men. Fortress like walls and gun towers restrain male inmates who have little freedom of movement. Women are usually free to roam the grounds of their institutions. Bur despite the more pleasant surroundings according to many experts, the frustration of incarcerated women may be even greater than men because women inmates are less in comparison to men, facilities are seen less priority to women inmates. Women are offered low, inexpensive and stereotype of women work: cooking, sewing, office work etc. Women in Prison share many socioeconomic characteristics such as different marginalize, ages, geography, education background and status, mother etc.
15. Mothers in Prisons:24
This doctrinal Studies focus on the hardship of female offender giving birth to child in prison. The issue of babies delivered to incarcerated women is extremely complex. The incarcerated mother fears that her infant children will no longer need her or nor in fact recognized her upon release. Very few prison allow mother to keep their babies incarnated with them. Some question whether a prison under any circumstances, can provide safety and roper emotional environment for a child. There also those who strictly take punitive views, a mother who commits a crime has lost right to nurture and enjoy her baby. The vast majority of inmate mothers attempt to fulfill their maternal roles in spite of their incarceration. Mothers who are in prison manifest concern about the welfare of their children and generally attempt to maintain contact with them through prison visits letters telephone calls and furloughs. Most inmates mothers links with their children before their arrest and planned to reunite after their release.
16. Reducing the female prison population by reforming legislation and practices: suggested measures25
Study focus on growing number of female prisoners that highlights the need to review legislation, policies and practices that lead to the increases imprisonment of women, which has an adverse impact not only on the women themselves, but on their families and most specifically on large number of children. The profile of female prisoner is quite different to that of men, their backgrounds, offences they commit, their caring responsibilities and particularly harmful effects of imprisonment on women need to be taken into account in devising criminal justice policies, in order to ensure that women are not imprisoned unnecessarily and unjustifiably, putting pressure on the scarce resources of prison system worldwide. Many are in prison as a direct or indirect result of multiple layers of discrimination and deprivation experienced at the hands of their husband, family and community. By keeping women out of prison, where imprisonment is not strictly necessary or justified, their children may be saved from enduring adverse effects of their mothers' imprisonment, including their possible institutionalization and own future incarceration. Women's rate of imprisonment can be decreased by introducing legislative reforms aiming to reduce the prison population as a whole, which could include the decriminalization of certain acts the removal of mandatory sentencing which does not allow discretion based on circumstances of offence, vulnerability and caring responsibilities of the offender, and the more frequent use of alternatives to prison. To achieve sustainable success, legislative measures and a change in criminal justice policies need to be accompanied by interventions to eliminate all forms of violence against women, and discriminatory attitudes in all spheres of society, with awareness-raising, education and training, in parallel to law reform.
17. Prisoner Reentry and Reintegration:26
Topic focus on female-specific through care program that provides specialist support, employment in particular, accommodation, through the provision of short-term crisis care housing. Ultimately, this research aims to contribute to understanding regarding the situation of women returning from prison in western Australia. With this knowledge, recommendations will then be made for developing more appropriate management strategies for returning female prisoners, addressing the challenge of how society can support women prisoner reentry and reintegration to beat the odds of recidivism and build meaningful lives within their communities. On the one hand it can be destructive, demoralizing and counterproductive to a woman’s post-release success. Yet on the other, it also has significant deterrent, transformative and rehabilitative potential. If these positive aspects of the prison experience are to be capitalized on, women need to be supported in their community reintegration following release. In particular, a woman’s success on the outside will balance on her ability to establish a measure of stability in her life; socially, economically, and individually. For women with histories of social problems, disadvantage and typically deficient personal support networks, it is essential that comprehensive and female-focused through care programs and services (‘state capital’) are available to address critical short-term release needs, and provide opportunities for long-term self-sufficiency and sustainability. Women need to experience at least some form of gratification in legitimate occupational, social, and personal pursuits to become immersed in healthy connections to prosaically relationships and conventional social institutions that are positive, rewarding and satisfying.
18. Women in prison: International Problems and Human Right Based Approach to Reform.27
The number of women in prison throughout the world is growing both because of overall rate of incarceration is growing, and because many of the trends that have led to overall increasing have had a particular impact on women. Imprisonment is increasingly the main recourse of criminal justice system and criminal justice policy worldwide. As the number of women in prison grows, there is increased concern among human rights organizations,, women's rights groups and penal reformers about the problems women faces and wider impact on families and communities.
1 https://www.lawctopus.com/academike/reformative-theory-of-punishment/ accessed on January 6 2018
2 Lackner Melissa, ''Prisoner reentry and reintegration; Perspective of the women involved in Outcare's St. Johnof God Women's Program'' , Edith Cowan University, 2012 p. 1 available on http://docplayer.net/34629789-Prisoner-reentry-and-reintegration-perspectives-of-the-women-involved-in-outcare-s-st-john-of-god-women-s-program.html accessed on January 6 2018.
3 Reformation and rehabilitation of women Prisoners, available on http://shodhganga.inflibnet.ac.in/bitstream/10603/8499/12/12_chapter%204.pdf, accessed on January 6 2018.
6 Available on https://thehimalayantimes.com/kathmandu/department-of-prison-management-building-17-prisons-support-adb/ accessed on January 6 2018
7 Stephanie S. Covington, ''Women in Prison: Approaches in Treatment of our most Invisible Population, Women and Therapy'' , Haworth Press, Vol.21, P. 1 available on http://www.centerforgenderandjustice.org/assets/files/15.pdf accessed on January 6 2018.
8 Mahendra Nath Upadhyaya, "Overcrowding of prison populations: Nepalese Perspective", available on https://www.unafei.or.jp/publications/pdf/RS_No80/No80_13PA_Upadhyaya.pdf, accessed on January 6 2018
9 Avanienda Chakravartty, et al. ,"Depression among inmates in a regional prison of Eastern Nepal: a cross-sectional study", available at https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5654146/, accessed on June 12 2018
10 Nana Zavradashvili, ''Rehabilitation and Reintegration Need of Female Inmates and Promotion Mental Health in Georgian Prison'', available on https://run.unl.pt/bitstream/10362/15215/1/Zavradashvili%20Nana%20TM%202014.pdf accessed on June 7 2018
11 Nandini.Devarmani M.A., Ph.D & R.N.Mangoli M.A., Ph.D, "Custiodial Proviaion for Women: An Empirical Study of Karnataka Central Prison", International Journal of Law and Legal Jurisprudence Studies, Volume 2 Issue 3 available at http://ijlljs.in/wp-content/uploads/2015/04/Custodial-Provisions-for-women-in-Karnataka.pdf, accessed on June 9 2018
12 Ebue, Malachy O., Ezegbe,Bernedeth Nkiruka et al, "Effectiveness of Rehabilitation Programmes in the Nigerian Prison: A study of Perception of Inmates in Enugu Prison", Journal of Social Sciences, Vol 6 No 4S2 July 2015 available on https://pdfs.semanticscholar.org/b510/09d3fc3b5dd6314e44a41585ba7240251338.pdf accessed on 12 June 2018
13 Ogeto Ambrose Ngare, "The Impact of Prison Reforms on the Rehabilitation Programs in Kenya: A case study of Kamiti and Langanta Prison", A Project Paper Submitted in Partial Fuilfillment of the Requirements for the Award of Degree of Masters of Arts in Criminology and Social Order, University of Nairobi, Faculty of Arts, Department of Sociology, November 2009, available on http://erepository.uonbi.ac.ke/bitstream/handle/11295/5323/Abstract.pdf?sequence=1 accessed on 15 June 2018
14 http://www.politics.co.uk/reference/prison-rehabilitation, accessed on 15 June 2018
15 https://cdn.penalreform.org/wp-content/uploads/2018/04/PRI_Global-Prison-Trends-2018_EN_WEB.pdf, accessed on 15 June 2018
16 https://www.publicsafety.gc.ca/cnt/rsrcs/pblctns/scl-rntgrtn/index-en.aspx accessed on 15 June 2018
17 Dr.Govinda Prasad Thapa, Inspector General of Police, Nepal Police, Centre for Security and Justice Studies, available on http://csjs.org.np/wp-content/uploads/2013/08/paper-prison-security.pdf accessed on January 5 2018
18 Kevin Howells, 'Treatment, Management and Rehabilitation of Women in Prison: Relevance of Rehabilitation principles' , Forensic and Applied Psychology Research Group, University of South Australia, available on http://www.aic.gov.au/media_library/conferences/womencorrections/howells.pdf, accessed on January 7 2018
19 Stephanie S.Covington, Barbara E. Bloom, & Elaine Leeder, (ed/s), "Gender-Responsive Treatment and Service in Correctional Settings, Women and Therapy ", Sonoma State University, 2006, Vol. 29 available on http://stephaniecovington.com/assets/files/FINALC.pdf , accessed on Jan. 17 2018
20 Dacid L. Bender, Bruno Leone & Series Editor, Stacey L. Tipp (ed/s), ''American's Prisons Opposing Viewpoints'', 5th Revised edition, Green Heaven Press pp.19-31
21 Available on https://jhyalkhana.wordpress.com/about-nepals-prisons/ accessed on January 27 2018
22 Center for constitutional Rights and National Lawyer Guide, 'The Jailhouse Lawyer's Handbook, 4th edition, Revised on 2003, available on http://nlgchicago.org/wp-content/uploads/Jailhouse-Lawyer-Handbook.pdf, accessed on January 28, 2018
23 Freda Adler, Gerhard O.W.Mueller & William S. Laufer," Criminal Justice: the core " p. 302
24 Ibid p. 303
25 Ibid p.103-105
26 Lackner Melissa, "Prisoner Reentry and Reintegration", Edith Cowan University Research online, Theses: Doctorates and Masters p. 3-168 available on http://ro.ecu.edu.au/cgi/viewcontent.cgi?article=1499&context=theses, accessed on January 28 2018.
27 Jenni Gainsborough, "Women in Prison: International Problems & Human Rights Based Approaches to Reform", William & Mary Journal of women and the law, Vol. 14, available on http://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=1033&context=wmjowl, accessed on January 29 2018
- Arbeit zitieren
- Sakun Bhandari (Autor), 2018, A cross-sectional survey on rehabilitation and reintegration programs for convicted inmates at Central Jail of Kathmandu, München, GRIN Verlag, https://www.grin.com/document/458791