In India, women have been given a position of honor and admiration in the society. The Constitution of India recognizes equality towards women in all facet of their life. The State has an obligation towards safeguarding the basic human rights enjoyed by a woman and to ensure that the essentials of various International Conventions with respect to rights of women are being fulfilled. In India, the certain fundamental rights of women, who are imprisoned in jails for their wrongdoings, cannot be violated by the State. But, Women in prisons are overlooked, forsaken, and the most vulnerable bracket of the society where urgent attention needs to be given. The basic human rights of a women prisoners are being disregarded irrespective of several directions passed by the High Court, Supreme court and through recommendations of various committees. As per Nelson Mandela, “To deny people their human rights is to challenge their very humanity.”

This blog intends to provide the readers with an exhaustive explanation of the rights enjoyed by women inmates. Thus, with an objective to achieve this goal, a comparative analysis of two prison manuals of two different state in India, have been carried out. The comparison has been conducted between the Uttar Pradesh Jail Manual, of 2022^[i] published by the Central Prison of Lucknow, Uttar Pradesh and The Karnataka Prison and Correctional Services Manual, of 2021^[ii] published by the Central Prison of Bengaluru, Karnataka. This evaluation has been performed to attract the attention of the readers towards the differences prevalent in the prison manuals of both the states, in terms of healthcare, medical treatment, policy implementation, and many more, despite being administered by the same legislation followed throughout the nation.

Compliance

In India, the prison manuals published by the Central Jails of every state, especially with respect to the rights of women inmates, must be in compliance with the general standards mentioned in the Model Prison Manual, 2016^[iii] and The UN Rules for the Treatment of Women Prisoners and Non-Custodial Measure for Women Offenders (the ‘Bangkok Rules, 2010’)^[iv]. They lay out a foundation and act as a yardstick for administration of prisons to enhance the living condition and management of women prisoners in all the states in India and thus ensuring that the rights and necessities of the women convicts are addressed appropriately.

The Ministry of Home Affairs of the Government of India had issued the Model Prison Manual, 2016^[v] (herein referred to as Model Prison Manual) and had circulated the manual for its adoption by all the States and Union Territories with an aim to maintain uniformity with respect to the fundamental principles administering prisons. The Supreme Court, in the case of Ramamurthy v. State of Karnataka^[vi], emphasized on the requirement of a model prison manual to be devised. This Manual ensures various rights for a women inmate like maternal care, legal aid, dignified procedure for administration, etc. It also protects female prisoners from discrimination, abuse, provides assistance for the mental health of the prisoners and even encourages education for women convicts as well as vocational training.

The UN Bangkok Rules of 2010^[vii] (herein referred to as Bangkok Rules), which is officially referred to as United Nations Rules for the Treatment of Women Prisoners and Non-Custodial Measure for Women Offenders are internationally recognized guidelines which primarily focuses on the circumstances and requirements of female offenders in criminal justice system. In the year 2010, the UN General Assembly incorporated these guidelines which deals with reduction of detention rates for females, significance of care for mental health, their extraordinary requirements and laying out standards for the treatment of the women prisoners. Thus, these Rules were formulated with the objective to make the administration of prison fair and receptive to necessities of the women prisoners.

Thus, to determine the compliance of guidelines and principles given by the Model Prison Manual and Bangkok Rules in the prison manual published by the states in India, a comparative analysis has been conducted between The Karnataka Prison and Correctional Services Manual, of 2021^[viii](herein referred to as Karnataka Prison Manual) and Uttar Pradesh Jail Manual, of 2022^[ix] (herein referred to as UP-Jail Manual). The Karnataka Prison Manual provides for treatment of convicted women by assuring gender responsiveness and compassion and is administered by the Model Prison Manual and the Karnataka Prison Act, 1963^[x]. On the other hand, the UP-Jail Manual is a revised manual which was introduced by the Government of Uttar Pradesh by exercising the power given in section 59 of the Prison Act, 1894^[xi]. This revised manual contemporized the prison operations and administration throughout the state with a special focus on defending women prisoners’ interest and rights.

Comparitive Analysis

The following is a comparative evaluation of the rights of women inmates as stated in UP-Jail Manual and Karnataka Prison Manual:

• Care for Mental Health:

In the Karnataka Prison Manual, the women convict who are facing the problem of mental illness shall be prevented from residing in the prison and shall instantly be transferred to the institution of mental health. This prison manual highly discourages categorization of prisoners on the ground of status, caste, class etc.[xii].

When there is a transfer of a women prisoner who is suffering from a mental illness to an institution dealing with mental health, then it is necessary that a female staff member accompanies the police escort and the detailed information of the health condition and location of the female prisoner must be shared to the prisoner’s family[xiii]. Whereas, UP-Jail Manual is silent about classification and separation of women in prison and escort of insane women.

• Health care:

It is further classified into- pregnancy and Special and extra diet on medical ground.

• Pregnancy:

Both the prison manuals of Uttar Pradesh[xiv] and Karnataka[xv] mention that, if a women convict is speculated and found pregnant at the time of admission, then this information must be given to the superintendent and the women convict shall be sent to the district hospital for the proper care and gynecological examination as per the advice of the doctor.

But it is solely mentioned in UP-Jail Manual that, the matters pertaining to terminal stage of pregnancy of women convicts shall be referred to the Inspector General or director General of Prisons, to be furthered referred before the State Government for adjournment and revocation of the punishment of the women convict.[xvi]

• Special and extra diet on medical ground:

The Karnataka Prison Manual mentions that, if the medical officer of the women prison finds that the diet which is provided to the women convicts is not suitable or sufficient for her as well as her children, then the medical officer can order for extra diet for a certain period.[xvii]

Diet especially based on medical advice for the women who are pregnant, new born, children nursing mother must be strictly followed by the officers[xviii]. On the contrary, UP-jail manual does not cite about special and extra diet on medical ground.

• Medical facilities:

The Karnataka Prison Manual states that women in prison who are suffering from mental disorder, drug addiction, sex perversion should get an appropriate clinical treatment and psychotherapy[xix] but the UP-Jail Manual is silent about such medical facilities.

• Discipline and punishment:

As per the Karnataka Prison Manual, women convict shall not be punished unless she is made familiar with the offence she committed and an opportunity to defend herself shall be given to her. Before imposing any punishment, the administration must conduct an investigation for the same.[xx]

This manual even provides for a study imposition of order and discipline but it shall not be accompanied with any unnecessary curtailment[xxi] whereas nothing of such is mentioned in UP-Jail Manual.

• Labors and work:

Both, UP[xxii] and Karnataka[xxiii] prison manual states that, women prisoners shall be designated with low effort labor such as cleaning grains, tailoring, domestic skills, housekeeping etc. Women in prison shall not be involved into vigorous and tedious work.

But the Karnataka Prison Manual discuss that, women inmates who are illiterate should be provided with regular adult education. All the women prisoners must be provided with certain works except for medically excused women and will receive remuneration for the same. The system should assure that a part of their earning is saved by the authority to set up a saving fund and the same would be handed over to the women prisoner at the time of release. Women convicts are allowed to send their remuneration to their families as well as spend it for their own requirements[xxiv]. At the same time, UP-Jail manual states that, female convicts, during the period of menstruation, shall be assign with less labor and should be provided with sufficient sanitary napkins for the purpose of cleanliness and hygiene[xxv].

• Certain ornaments allowed:

The Karnataka Prison Manual mentions that women prisoners may keep their accessories like mangalsurtas, toe ring, bangles, but at times for the purpose of security, Superintendent may disallow to keep such accessories[xxvi]. Whereas UP-jail manual does not cite anything regarding certain ornaments allowed.

• Interview:

As per the Karnataka Prison Manual, there are rules framed to protect the rights of the women prisoners like right to ensure equality, legal support etc. The women prisoners are even provided with the facilities like visitor waiting room, assistance towards those prisoners who are semi-illiterate or illiterate, right to communicate with family members and relatives, lawyers for their personal and legal matters[xxvii]. The same is not mentioned in UP-Jail Manual.

Analysis

The objective behind the above comparison was to provide the readers with a comprehensive understanding of the rights pertaining to women prisoners that have been covered in both the state’s prison manuals and to determine whether the guidelines mentioning rights of the women convicts, of the Model Prison Manual and Bangkok Rules, are compiled in the Karnataka Prison Manual and UP-Jail Manual.

Even though, both the Prison Manuals have adhered to the Model Prison Manual which has itself embodied the guidelines mentioned in the Bangkok Rules, but the Karnataka Prison Manual depicts a higher rate of adherence as compared to UP-Jail Manual.

The Karnataka Prison Manual covers almost all the rights referred in the Model Prison Manual, which the UP-Jail Manual lacks. The Karnataka Prison Manual mentions about the care for the mental health of the prisoners which is recently introduced under ambit of Article 21 of the Indian Constitution^[xxviii] through the case of Sukdeb Saha V. The State of Andra Pradesh (2025)[xxix]. It provides for treatment of women convicts suffering from mental illness by transferring them to institutions dealing with mental health. It also ensures that there is no discrimination as per Article 15 of the Constitution^[xxx], between the prisoners on this ground and that there is transparency maintained with the families. This is absent in the UP-Jail Manual. In terms of Pregnancy of the women inmates, both the manuals address this issue, but the distinction is that the UP-Jail Manual has allowed for reference to the higher authorities to revoke or adjourn punishment in the case of terminal pregnancy and the Karnataka Prison Manual gives more focus on the nutritional support to the pregnant women prisoner. When it comes to interview of the women convicts, the Karnataka Prison Manual, by upholding the right to legal aid under Article 39A of the Constitution^[xxxi] and right to communication under Article 19(1)(a) of the Constitution^[xxxii], provides for facilities like assistance towards illiterate convicts, waiting room for visitors for interaction with the family. At the same time, the UP-Jail Manual is silent and does not mention anything about the same. In case of labor and work, UP-Jail Manual upholds the principle of humane treatment and provides for less labor during menstruation of a women prisoner whereas, Karnataka Prison Manual promotes reassimilation focused confinement where the women prisoners have options to earn wages from the labor, removing gender inequality as per Article 15 of the Constitution^[xxxiii] and bringing fairness in labor. In Karnataka, women prisoners also have a right to retain ornaments which has emotional significance like mangalsutra, thus respecting personal identification and culture.

Although both Karnataka Prison Manual and UP-Jail Manual provide several rights and guidelines for the betterment of the female convicts but still there are rules like training of staffs for gender sensitivity, mentioned under both Model Prison Manual and Bangkok Rules, and suicidal harm and prevention, mentioned under Bangkok Rules, which are not incorporated in both the manuals.

Conclusion

Thus, from the comparison between the Karnataka Prison Manual and UP-Jail Manual, it is evident that although both the manuals take guidance and inspiration from pivotal the Model Prison Manual and Bangkok Rules and aims to contemporize administration of the prison and to safeguard the basic rights enjoyed by a women prisoner, the Karnataka Prison Manual depicts a more liberal, advanced, and comprehensive application of gender sensitive guidelines. On contrary, the UP-Jail Manual irrespective of being revised in the year 2022, still fails to incorporate these pivotal aspects. Despite visible progress in both the prison manuals, subsequent changes are essential to ensure that environment of the prison respects and protects the rights and dignity of women inmates.

“It is not the prisoners who needs reformation, is the prisons”

                                                                                -Oscar Wilde

[i] Govt of Uttar Pradesh, UP Jail Manual 2022, Notification no.103/2022/1275/22-4-2022-80(2)/2000, Ch. 18, (Issued on August 17, 2022), https://sites.google.com/site/jailorup/home/up-jail-manual

[ii] Govt of Karnataka, The Karnataka Prison and Correctional Services Manual- 2021, Order No. HD 58 PRA 2019, Ch. 26, (Issued on February 2, 2022)

[iii] Govt of India, Model Prison Manual, 2016, Ch. 26

[iv] The UN Rules for the Treatment of Women Prisoners and Non-Custodial Measure for Women Offenders (the ‘Bangkok Rules, 2010’), 2010

[v] Govt of India, Model Prison Manual, 2016, Ch. 26

[vi] Ramamurthy v. State of Karnataka, AIR 1997 SC 1739 (1997) (India)

[vii] The UN Rules for the Treatment of Women Prisoners and Non-Custodial Measure for Women Offenders (the ‘Bangkok Rules, 2010’), 2010

[viii] Govt of Karnataka, The Karnataka Prison and Correctional Services Manual- 2021, Order No. HD 58 PRA 2019, Ch. 26, (Issued on February 2, 2022)

[ix] Govt of Uttar Pradesh, UP Jail Manual 2022, Notification no.103/2022/1275/22-4-2022-80(2)/2000, Ch. 18, (Issued on August 17, 2022), https://sites.google.com/site/jailorup/home/up-jail-manual

[x] Karnataka Prison Act, 1963.

[xi] Prison Act, 1894, s. 59

[xii]Govt of Karnataka, The Karnataka Prison and Correctional Services Manual- 2021, Order No. HD 58 PRA 2019, Ch. 26, 434 (Notes)

[xiii] Govt of Karnataka, The Karnataka Prison and Correctional Services Manual- 2021, Order No. HD 58 PRA 2019, Ch. 26, 479 (Escort of Insane Women)

[xiv] Govt of Uttar Pradesh, UP Jail Manual 2022, Notification no.103/2022/1275/22-4-2022-80(2)/2000, Ch. 18, 332 (Female prisoners in an advanced stage of pregnancy).

[xv] Govt of Karnataka, The Karnataka Prison and Correctional Services Manual- 2021, Order No. HD 58 PRA 2019, Ch. 26, 445 (Pregnancy).

[xvi] Govt of Uttar Pradesh, UP Jail Manual 2022, Notification no.103/2022/1275/22-4-2022-80(2)/2000, Ch. 18, 332 (Female prisoners in an advanced stage of pregnancy).

[xvii] Govt of Karnataka, The Karnataka Prison and Correctional Services Manual- 2021, Order No. HD 58 PRA 2019, Ch. 26, 462 (Special and extra diet on medical ground).

[xviii] Govt of Karnataka, The Karnataka Prison and Correctional Services Manual- 2021, Order No. HD 58 PRA 2019, Ch. 26, 462 (Special and extra diet on medical ground).

[xix] Govt of Karnataka, The Karnataka Prison and Correctional Services Manual- 2021, Order No. HD 58 PRA 2019, Ch. 26, 474 (Medical Facilities).

[xx] Govt of Karnataka, The Karnataka Prison and Correctional Services Manual- 2021, Order No. HD 58 PRA 2019, Ch. 26, 458 (Discipline and Punishment).

[xxi] Govt of Karnataka, The Karnataka Prison and Correctional Services Manual- 2021, Order No. HD 58 PRA 2019, Ch. 26, 458 (Discipline and Punishment).

[xxii]Govt of Uttar Pradesh, UP Jail Manual 2022, Notification no.103/2022/1275/22-4-2022-80(2)/2000, Ch. 18, 322 (Labor).

[xxiii] Govt of Karnataka, The Karnataka Prison and Correctional Services Manual- 2021, Order No. HD 58 PRA 2019, Ch. 26, 453 (Labor and Works).

[xxiv] Govt of Karnataka, The Karnataka Prison and Correctional Services Manual- 2021, Order No. HD 58 PRA 2019, Ch. 26, 453 (Labor and Works).

[xxv]Govt of Uttar Pradesh, UP Jail Manual 2022, Notification no.103/2022/1275/22-4-2022-80(2)/2000, Ch. 18, 321 (Light Labor, etc. during menses).

[xxvi] Govt of Karnataka, The Karnataka Prison and Correctional Services Manual- 2021, Order No. HD 58 PRA 2019, Ch. 26, 448 (Certain ornaments to be allowed to women prisoner)

[xxvii] Govt of Karnataka, The Karnataka Prison and Correctional Services Manual- 2021, Order No. HD 58 PRA 2019, Ch. 26, 472 (Interview).

[xxviii] Indian Const. art. 21.

[xxix] Sukdeb Saha V. The State of Andra Pradesh, 2025 SCC OnLine SC 1515 (2025) (India).

[xxx] Indian Const. art. 15.

[xxxi] Indian Const. art. 39A.

[xxxii] Indian Const. art. 19(1)(a).

[xxxiii] Indian Const. art. 15.