The
Government of India has issues guidelines today for all the States to be
followed scrupulously while allowing entry into the prison to any individual/
press/ NGOs or company, whether Indian or foreigner for the purposes of making
documentaries, writing articles, interviewing inmates or any other similar
research activity.
No
private individual/ Press/ NGO/ Company should ordinarily be allowed entry into
the prison for the purposes of doing research, making documentaries, writing
articles or interviews etc. These guidelines shall be applicable to all the
visitors, whether foreigner or Indian including individuals, companies, press,
researchers, film makers.
The
State/UT Governments may consider allowing visitors/press/documentary makers in
the following cases:
(i)
The State/UT Government feels that a particular documentary/ article/
research is for the purposes of creating positive social impact, or
(ii)
The proposed work is relating to prison reforms, or
(iii) The
State/UT Government itself decides to invite press/ filmmakers to cover a
particular event.
The
following measures must be taken for granting permission:
(a) The
proposed visitor(s) must submit an application to the Jail Superintendent or
the Home Department of the State/UT Government at least 30 days before the date
of visit. Foreigners must submit such application 60 days before. In the case
of article by print media, the application may be submitted 7 days before.
(b) On
receiving the application, the Jail Superintendent, should immediately send the
same to the Home/Prison Department of the State along with his comments and
seek the permission of the State/ UT Government. If an application is
submitted directly to the Home/Prison Department, it should seek a report from
the Jail Superintendent before giving the permission. For foreigners, the
State/ UT Government is advised to consult the local unit of IB and/ or may
also consult MEA/ Foreigners Division of MHA.
(c) The
competent authority to grant such permissions should invariably be the Home/
Prison Department of the concerned State/UT. However, in case of visitors of
Indian nationality, the State Government/UT Administrations may delegate this
function to the Head of Prison Department (i.e., DG/ADG/IG as the case may be)
specifically but not to any other lower level.
(d) While
granting such permissions, various guidelines of the Supreme Court (Smt. Prabha
Dutt Vs UOI and others AIR 1982 SC 6, Sheela Barse Vs the State of Maharashtra
1988(1) BOM. CR 58, etc.) may also be kept in mind.
(e) The
Jail Superintendent, after having received the permission from the State
Government/UT Administration or the Head of the Department, as the case may be,
may allow such visitor (s) to see the prisoner in the visitor area.
(f) The
Jail Superintendent shall take an Undertaking from the visitor as per the prescribed
format.
(g) The
visitor shall also submit a Security Deposit of Rs.1 lakh by way of a Demand
Draft/local Bankers' Cheque in the name of the Jail Superintendent of the
concerned jail. However, the State Government/ UT Administrations may dispense
with or modify this requirement in case of research studies undertaken by
students.
(h) Careful
frisking be done and standard due diligence must be ensured before the visitor
is allowed inside the visitor area of the jail.
(i) Those
who wish to make documentaries or conduct interviews, they may be allowed only
Handycam/Camera/Tape recorder or equipments directly connected with the purpose
of the visit. Tripod/stand mounted cameras/equipments should not be allowed.
No mobile phones/papers/ book/pen etc. should be allowed.
(j) While
the visitors are touring the prison or interviewing the inmates, the Jail
Superintendent should himself be present there. In case he is absent, the next
senior most officers must accompany the visitor. The Jail Superintendent
should immediately intervene, on-the-spot if he feels that a certain video clip
or an interview being conducted is not desirable.
(k) No
videography/photography should be allowed which may create potential security
risk or social/communal disturbance.
(l) After
the visit is complete, the visitors shall handover all their equipments like
Handycams, Dictaphone, Camera, tape recorder or any other equipment to the
Jail Superintendent for a period of three days. All precautions should be taken
to ensure that the visitor does not leave the jail premises with the
recordings.
(m) The
Jail Superintendent then shall see/hear all the recordings carefully and if he
finds anything objectionable, he shall delete that portion. The said equipment
after careful scrutiny/editing may be returned after three days to the visitor.
(n) In
case of Newspaper /magazine /web based articles, the visitor shall follow the
norms of journalistic conduct prescribed by the Press Council of India before
preparing the material for publication.
(o) The
final version of the documentary/film/research paper/articles/books to be
released/ published is to be submitted to the concerned State Government/Head
of the Prison Department for final “No objection certificate”, for
publication/release.
(p) The
documentary/film/research paper/articles/books shall not be released/published
without the “No objection certificate” of the State Government/UT
Administration/Head of Prison Department.
(q) In
case of any violation of these guidelines, or the undertaking given by the
visitors, the Jail Superintendent shall forfeit the security deposit and
initiate suitable legal action.
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KSD/PK/BK