Extend a helping hand to ex-convicts

The order issued by the Ministry of Home Affairs to release a particular group of prisoners as a ‘special remission’ under the initiative of Azadi Ka Amrit Mahotsav is truly an elixir of new ideas and pledges that makes a small, yet significant, step toward bringing our criminal justice system from a retributive to a restorative platform. However, for professionals like forensic psychologists, criminologists, and behavioural scientists, whose main responsibility is in administering justice, security and emotional wellbeing beyond the court of law, there is a serious concern about addressing the tremendous need for support to prevent the released prisoners from falling into relapse.

Last month, the prison authorities were provided with guidelines for granting special remission. It is proposed that eight categories of prisoners in three phases (on August 15, 2022, January 26, 2023, and August 15, 2023) be released. The selection criteria highlight the pre-existing bio-psycho-socio-cultural vulnerability of the offenders.

The demographic criteria such as being woman, transgender, elderly, physically challenged, terminally ill, poor or indigent, and youth demonstrates the physical and psycho-social vulnerabilities. In addition, convicts who have completed two-thirds of their total sentence period are also likely to be released. This assumed that there were higher chances these prisoners were reformed through the programmes inside prison.

In recent years, discussion on making the Indian criminal justice system more restorative has intensified as it is based on a set of principles on repairing the harm done to an individual and the relationship with the community while holding the offender responsible for the act. On the contrary, the retributive ideology is the one where the system focuses mainly on punishing the offender. Restorative justice focuses on developing the competency of the offender to repair the harm done, accept responsibility and not re-offend.

This involves working with the victim, offender and the community to achieve safety and security by facilitating rehabilitation, reformation and reintegration of victims and offenders, and mediation between the duo. The current order is a rare opportunity for offenders to be reintegrated before the completion of their sentences.

The guidelines suggest that counselling be given to prisoners before their release in order to facilitate their reintegration into a societal condition that they are no longer familiar with. However, extending such support cannot be a one-time service. Neither can it be restricted to the period of release. These counselling services are also crucial for friends and families. The return of the ex-convicts can be perceived as a threat by their friends, families and victims. If these perceptions are true, the intervention to alleviate the fear of crime and destigmatise the associated shame is indispensable. Subsequently, families will be able to monitor the well-being of ex-convicts.

Three phases of services are crucial for ex-prisoners’ reintegration. Firstly, rehabilitation programmes during incarceration should prepare the offenders for their eventual release. Secondly, programmes during the offenders’ release period should be aimed at connecting them with the various services they may require. Thirdly, long-term programmes outside the prison should provide support and supervision for permanent reintegration.

The risk of reoffending is high if such support is not ensured. A successful reintegration process requires addressing the ex-convicts’ problems socially, psychologically and economically to achieve a self-sustaining livelihood and internal development of resistance. Thus, psycho-social support has to be continuous, accessible, available and affordable.

In 2012, Vaya initiated Buddha Counselling Services at Sabarmati central prison. Yet, there has been no professional mental health services available for the released prisoners. Neither is there any mechanism to monitor and supervise them?

This year, the School of Criminology and Behavioural Sciences at Rashtriya Raksha University has proposed to set up a Forensic Mental Health Service Centre at the Sabarmati prison. The primary objective is to provide the necessary psycho-social care and support through assessments and therapies. The overall goal of the centre is to help (ex)-inmates heal, build self-esteem and develop competence.

To sustain this model, it is necessary to train students with relevant fieldwork. New academic programmes such as Neurocriminology and Applied Victimology can help develop new frameworks for implementing, monitoring and evaluating support services. Currently, mental health professionals treat offenders and victims only through referrals. Hence, prison authorities and courts should proactively issue orders to refer offenders. The government should provide infrastructure and funds so that the psychological well-being of ex-convicts is insured.

(Dr S L Vaya is director and S Arumugham an Assistant Professor at School of Criminology and Behavioural Science, Rashtriya Raksha University, Gujarat)