Maloti Kalandi, wife of Badal Kalandi  who along with children was rescued from being trafficked , was handed over to Tamulpur Police Station, Assam  for safe custody. Instead of providing safety , Sub-inspector Sahidur Rahman summoned the victim to his police quarter and raped her. Similar news of women being tortured in Tamil Nadu and being sexually assaulted in prisons have been reported in recent years. Like Maloti Kalandi, Parmeshwari of Madurai was sexually assaulted in the prison by the jail wardens as well as the prisoners and was dragged naked within the prison. She was further subjected to torture and was kept in solitary confinement . Later she was awarded compensation of Rs 5000 for all the torture she had experienced.

Sexual assault, particularly of guard-on-prisoners, has become quite common in Indian prisons . In most cases, jailors have complete access in and around barracks, making inmates more vulnerable to violent sexual and physical abuse. The unregulated powers given to the prison authorities has led to a significant rise of sexual offences within prison cells. The issue has certainly caused a major set back to the development of the nation, greatly affecting the psychology of the prisoners in the jails, further questioning India’s stand on Human Rights Violation and calling for the urgent implementation of the Prevention Against Torture Bill, 2010.

According to a research done by The Pennsylvania Coalition Against Rape ( PCAR) ,an organisation working for the victims of sexual assault, male prisoners are at a risk to developing violent emotional behaviors on being abused. These feelings of rage, suppressed until their release, are vented on family members, harming the fabric of the social system. Women prisoners, on the other hand, face mental trauma, bearing severe repercussions, the most common being suicide, since there are no counselling facilities offered by the administration. There remains a very small possibility that officials will be severely penalized for their acts. To make situations worse, there have been incidents where inmates have contracted AIDS as a result of prison rape, resulting in gradual death.

Psychiatrists have identified “Rape Trauma Syndrome,”a variant of post-traumatic stress disorder (PTSD) characterized by depression, severe anxiety, and despair, as a common outcome of rape. According to a report released by the Human Rights Watch, victims of prison rape affected by the disorder reported that they felt depressed, paranoid, and worried after repeated abuse. Most of these victims feel vulnerable due to continuing abuse, making them vindictive, heartless and cruel in the long run.

It is a strongly asserted fact that sexual violence must be prevented for humanitarian and pragmatic reasons. Some of the reformers believe that rape not only injures the dignity of a victim but perpetuates the cycle of sexual violence. The major reason of ever growing increase in prison rape cases hints at poor prison management, weak policies and the lack of commitment to prevent it.

USA in this matter has formulated the Prison Rape Elimination Act of 2003 (PREA) .Under the act,incidents of sexual violence are meticulously recorded. Moreover, immediate investigations are carried out against prison officials involved in the crime. The act has further constituted a separate commission which studies the impact of sexual assault in detention centers. Additionally, it arranges sensitization programs for all the officials working with the prison department, with an aim to reduce instances of prison rape. The formation of a similar  body is the need of the hour in India to prevent the ever increasing instances of prison rape.

It is thus important to ensure that stricter laws in this regard are being made to curb the menace. Additionally,periodic auditing should be conducted, so that the authorities can be held accountable for their failures  The government and the public should be sensitized about these issues. Prevention and timely action is the ultimate medicine to cure this menace.

 (Udisha Ghosh is currently a third year student at the Symbiosis Law School, Pune and serves as the executive member of Preshti. She can be further contacted at udisha2111@gmail.com)