Annual Report 1999-2000
As prisoners have a right to a life with dignity even while in custody, they should
be assisted to improve and nurture their skills with a view to promoting their
rehabilitation in society and becoming productive citizens. Any restrictions imposed
on a prisoner in respect of reading material must be reasonable.
All prisoners should have access to such reading materials as are essential for their
recreation or the nurturing of their skills and personality, including their capacity
to pursue their education while in prison.
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Every prison should, accordingly, have a library for the use of all categories of
prisoners, adequately stocked with both recreational and instruaional books, and
prisoners should be encouraged to make full use of it. The materials in the library
a
should be commensurate with the size and nature of the prison population.
Further, diversified progammes should be organized by the prison authorities for
different groups of inmates, special attention being paid to the development of
suitable recreational and educational materials for women prisoners or for those
who may be young or illiterate. The educational and cultural background of the
inmates should also be kept in mind while developing such programmes.
Prisoners should, in addition, generally be permitted to receive reading materials
from outside, provided such material is reasonable in quantity and is not prohibited
for reasons of being obscene or tending to create a security risk. Quotas should not
be set arbitrarily for reading materials. The quantity and nature of reading
material provided to a prisoner should, to the maximum extent possible, take into
account the individual needs of the prisoner.
In assessing the content of reading materials, the Superintendent of the Jail should
be guided by law; he should not exercise his discretion arbitrarily.
Payment of Wages to Prisoners
3.55 The Supreme Court in the case of State of Gujarat v Hon'ble High Court of Gujarat
examined the question of minimum wages of prisoners, and in its order dated
24 September 1998, held that it was 'lawful to employ prisoners sentenced to rigorous
imprisonment whether he consents to do it or not'. The Apex Court also held:
□ 'It is open to the jail officials to permit other prisoners also to do the work which
they chose to do, provided such prisoners make a request for the purpose*.
□ 'It is imperative that the prisoners should be paid equitable wages for the work
done by them. In order to determine the quantum of equitable wages payable to
prisoners, the State concerned shall constitute a wage fixation body for making
recommendations. Each State is directed to do so as early as possible'.
a 'Until the State Government takes any decision on such recommendations, every
prisoner must be paid wages for the work done by him at such rates or revised rates
as the Government concerned fixes in the light of the observations made above.
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