This article has been written by Ms. Muskan Chugh, a student studying Ll.B. from Department of Laws, Panjab University, Chandigarh. The author is a 2nd year law student.
SOLITARY CONFINEMENT
Meaning
The general meaning of the term confinement means to confine/ lock someone in any area from where that person cannot go beyond the four walls.
Solitary confinement is a form of punishment in which the prisoners are kept Isolated from any human contact.
This kind of punishment keeps the prisoner isolated and it is deemed that the feeling of loneliness may reform the prisoner as India mainly follows the reformative theory. This is not intended to give death sentence to prisoners.
The meaning of solitary confinement was given by the Court in the Case-
KISHORE SINGH DEV V. STATE OF RAJASTHAN, 1980
The Hon’ble Supreme Court stated that solitary confinement is in which there is complete isolation of prisoners from other co-prisoners and segregation from the outside the World of fellow prisoners.
Difference between solitary confinement and solitary detention
Solitary detention is a form of punishment in which the prisoner completes his whole period of imprisonment from beginning to end in confinement. The prisoner is kept isolated from the whole world completely in order to give him a lesson even after knowing the consequences a person can face by remaining in detention for long periods. But in solitary confinement, the prisoner is sent to confinement at intervals. A prisoner cannot be kept in confinement for more than 14 days at a time. The prisoner will be given intervals to maintain his mental health as well. The rights of the prisoner are kept in view.
Origin
This type of punishment was first experimented in 1800’s in US to check the effect of keeping the criminals in isolation for different durations along with the Holy Bible. The authorities thought that the feeling of loneliness may reform the criminals or may change their behaviour and would turn them into good human beings. But all in vain. This test failed miserably. Instead of changing them for good, the prisoners fell into semi fatuous conditions. It had some side effects on the health of prisoners like-
• anxiety
• anger
• irritability
• paranoia
• Violent actions
• Suicidal tendencies
All of these are the consequences which any prisoner may face if kept in confinement for long duration.
Solitary confinement in India (Kala Pani)
The Britishers evolved the punishment of solitary confinement in India naming it as Kala Pani/ Black Water punishment. The political prisoners in India were sent to the isolated cells in Andaman and Nicobar Islands without any trials for long periods of time. Many of the reformers of India had suffered this punishment under the rule of Britishers.
Section 73
The section 73 of Indian Penal Code,1860 states that- Whenever any person is convicted of an offence for which under this Code the Court has power to sentence him to rigorous imprisonment, the Court may, by its sentence, order that the offender shall be kept in solitary confinement for any portion or portions of the imprisonment to which he is sentenced, not exceeding three months in the whole, according to the following scale, that is to say— a time not exceeding one month if the term of imprisonment shall not exceed six months; a time not exceeding two months if the term of imprisonment shall exceed six months and 1[shall not exceed one] year; a time not exceeding three months if the term of imprisonment shall exceed one year.
This means that solitary confinement can be directed by the court to the accused who is sentenced to rigorous imprisonment only and not in case of simple imprisonment. This section also lays down the scale for solitary confinement. The period of solitary confinement cannot exceed a total of three months in any case. If the imprisonment is not exceeding six months, only one month confinement can be done. If imprisonment exceeds six months but not one year, it can be extended to two months and if the imprisonment is more than one year up to any number of years, then it shall not exceed three months. These laws are made keeping in the mind the mental health of the prisoners as well.
Section 74
Limit of solitary confinement.—In executing a sentence of solitary confinement, such confinement shall in no case exceed fourteen days at a time, with intervals between the periods of solitary confinement of not less duration than such periods; and when the imprisonment awarded shall exceed three months, the solitary confinement shall not exceed seven days in any one month of the whole imprisonment awarded, with intervals between the periods of solitary confinement of not less duration than such periods.
This section provides for the limits for solitary confinement. It States that one interval of confinement should not exceed fourteen days at a time. The gap between two terms of confinement should be equal to or more than the earlier term of confinement.
In case of three months confinement, only seven days confinement can be done in one month keeping in mind the mental health of the prisoners. After some interval, the prisoner could again be put to confinement but the gap is necessary.
Section 29, Prisons Act, 1890
It states that whenever a prisoner is to be kept in solitary confinement, proper arrangement should be made as such that in case of emergency, the prisoner could easily reach out to the prison officer. The prison officer should be present there with the prisoners 24/7 so that their basic rights are not neglected and they are given due care.
If any prisoner is to be kept in confinement for more than 24 hours, then there should be proper arrangement for a medical officer who would visit all the confined prisoners at regular intervals for their mental health.
Need for solitary confinement
This type of confinement is more often given for Prison offences. Prison offences are the ones which are committed within the prison while serving the sentence. The punishment of solitary confinement in such cases can be given by the JAIL SUPERINTENDENT, and he needs to give notice of this punishment to the magistrate within two days.
Case- Sunil Batra v. Delhi Administration, 1978
The Hon’ble Supreme Court in this case addressed the need for prison reforms. The situation of Indian jails was worsening and the Court addressed this issue and held that fundamental rights of a person do not flee as the person enters into prison, although they may suffer some shrinkage but will not completely go out of the picture.
International view
Many Human Rights NGO’s are against this type of punishment as they think that it is a torturous and psychologically draining punishment for the inmates. And the chances of the prisoner getting hit by mental trauma after this are much higher. They work for the welfare and rights of human beings and this is something which affects them on a higher note.
Conclusion
Solitary confinement snatches away the bit of social life which is left with the prisoner. It attacks the psychology of the prisoner. In earlier times, it was the harshest form of punishment given to the prisoners. With the change in time, this form of punishment is not so oftenly given but in some cases of grievous nature.
References
Indian Penal Code, 1860
Prisons Act, 1890
PSA Pillai’s Criminal Law, 14th edition
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