of the DSO sets out the process to be followed to ensure the security of women prisoners during night time.106 It was observed during the inspection of every prison in the study sample, that male and female wards are strictly separated as mandated above. Except for BRP, JRP and PCP, where it was observed that female wards were inside the main prison building, i.e. to enter the female wing, one must enter through the main prison entrance, all other prisons which housed female inmates had separate female wings with entrances outside the main prison building. 107 In some instances the female officer-in-charge or in her absence, a senior female officer inside the female section had custody of the key to the female section (ex. GRP, WCP) and in others, the gate was locked from the inside and the key was kept at the male section and would have to be brought and given to a female officer through a small opening, who would open the main gate from inside (ex. KRP, BRP). 2.3. Convicted prisoners and remand prisoners SMR 112 (1) stipulates that untried prisoners shall be kept separate from convicted prisoners. SMR 113 states that untried prisoners shall sleep singly in separate rooms, taking into account different local customs in respect of the climate. In the national legal framework, Section 178(b) of the SRs states that prisoners on remand shall be kept, so far as the arrangements of the prison permit, separate from all other classes of prisoners. Section 196 of SRs provides for unconvicted prisoners to be placed in exclusive occupation of a room or cell better equipped than an ordinary cell or ward with the permission of the SP, on the payment of a fee fixed by the SP if ‘the status and condition of such prisoner warrant the provision of such accommodation’.108 This is applicable to civil prisoners too. In addition to being discriminatory, this provision can create space for corruption, as it allows the SP to charge any fee he wishes without any monitoring or limitation. The Commission has observed such exclusive accommodation facilities, though it was unclear whether it was provided as per this provision or not. For example, in CRP the Commission observed that M2 ward, which housed five remandees who were said to have requested special protection from the court, had a wall fan, a ceiling fan, a TV they bought themselves, a normal bulb and red dim bulb, a makeshift mattress (a sick prisoner was said to sleep there), a makeshift water filter and neat racks with a lot of fruits. The washing area was tiled with a shower, a toilet and allegedly uninterrupted water supply.109 MCP, PCP, ACP which are, in principle, supposed to house only convicted prisoners had at least some remandees, while remand prisons housed at least some convicted prisoners to 106 The Gate Keeper shall keep in his possession the female ward gate key from the locking up of the prison in the evening until the unlock in the morning. On no account is he to hand over the key to any officer under the rank of Deputy Jailor. In small prisons, this key should be kept at night in a small locked box at the gate, the Jailor to retain possession of the box key and not the Gate-Keeper. 107 NRP, KRP, BATRP, ACP, GRP, ARP and WCP. 108 SR 1956, s 196. 109 For a detailed discussion, please refer chapter Inmate – Officer Relationship. 74