Nirbhaya Convict’s Suicide Attempt: A Symptom of Rotting Prisons?

How is it so that two convicts associated with the same case commit or attempt to commit suicide?

When Nirbhaya convict Vinay Sharma attempted suicide in Tihar Jail on Thursday, he was the second convict in the case to have done so. Three years ago, Ram Singh had committed suicide inside the prison premises. But, according to the National Crime Records Bureau (NCRB), 2 people committed suicide in Tihar Jail in 2013 and 5 in 2014.

2 and 5 are miniscule numbers compared to the entire population in Tihar Jail which stands at 14,209. (2014 figures)

So, how is there an instance of two convicts associated with a single case committing suicide? Vinay Sharma’s lawyer, AP Singh has alleged that jail authorities attempted to incite other inmates to ‘murder’ Sharma.

Being Sharma’s lawyer, he is bound to make such allegations, but is there any merit to his statement? Moreover, is there a discrepancy between reported suicides and the reality inside Tihar Jail?

Why Rapists in Jail Are in ‘Double Jeopardy’

Rapists are considered to have committed the worst crime, so they are physically molested and assaulted within the jail by other inmates. Other inmates feel that they deserve this ‘treatment.’

Kaushal Narayan Mishra, Criminal Lawyer

Vinay Sharma and Ram Singh weren’t just any other convicts and the December 2012 rape case is not just any other criminal case. Not only did the case garner worldwide media attention, graphic details of the crime were widely reported on. This led to extreme vilifcation of the accused; a reputation which ostensibly followed them into Tihar Jail. In such a context, two convicts of such a high-profile case attempting suicide isn’t particularly startling.

But even apart from the December 2012 case, rapists are considered to be the ‘lowest’ among inmates in the prison hierarchy.

They are often physically assaulted and molested, making them extremely vulnerable to violence within the prison. On condition of anonymity, a source revealed that most inmates shout ‘treat!’ when a rapist is brought to a prison.

In any jail, men who are under rape charges are ostracised among the prison population. The dynamic within the prison is close; tight, violent groups. And they often assault rapists as a form of ‘disciplinary action.’

Shruti Singh, Researcher, Has Worked extensively on prison reform in India

So, a rapist often finds himself or herself in a ‘double jeopardy’ situation. One, is the punishment meted out to them by courts, and the other takes the form of retributive justice within the prison walls.

Overcrowded Prisons, Overworked Guards

But even if Vinay Sharma attempted suicide due to pressure of being associated with such a high-profile case, where were the prison guards? When Ram Singh committed suicide in Tihar Jail in 2013, Sushil Kumar Shinde, the then Home Minister had called the incident a ‘security lapse’. But why is a lapse being repeated twice?

According to a Comptroller and Auditor General (CAG) report released in 2015, the ratio of guarding staff to prisoners is between 1:11 and 1:14. The ideal ratio? 1:6. Moreover, the prison reported 217% occupancy, with 14,209 prisoners against a capacity of 6,250 inmates. (2014 figures)

Simply put, not only is Tihar overcrowded with inmates, the security staff is also incapable of keeping a check on its population. Keeping in mind the sensitive nature of the topic, an anonymous source who has been at the centre of the administration in Tihar said,

The main reason for suicides being committed inside the jail is the massive overcrowding of prisoners. Over the past 7 years, there has been a regular increase in prison population. But there is a perennial shortage of staff and security.

Covering Up Assault and Suicide as ‘Natural Death’

The premise of questioning Vinay Sharma’s attempted suicide is based on the statistics of prison suicide in Tihar in 2013 and 2014. But, statistics lose their meaning when they are isolated from reality, and underreporting of suicides or reporting them as ‘natural’ death is a reality.

Officially, suicides in jails are rare, not common. But unofficially, when nothing is on record, there have been anecdotal instances passed on to me, of suicides occurring and not being reported.

Kaushal Narayan Mishra, Criminal Lawyer

Possible underreporting of suicides or misrepresenting deaths caused due to custodial violence can be seen as a reflection of an authoritarian prison system. But it is also linked to overcrowding of prisons and a lack of security staff within the prisons.

Suicides within prisons are highly underreported. There is always a glaring possibility that a suicide has been passed off as a natural death or even an assault which has not been reported.

Shruti Singh, Researcher, Worked extensively on prison reform in India

On the condition of anonymity, a source working closely with inmates in Tihar jail revealed to The Quint:

Usually when an inmate dies of being assaulted in the prison, prison authorities make it out to be a natural death to wash their hands off the whole matter. Everything is in their hands

Statistics are best used with a pinch of salt. Yes, they are useful indicators of the problems in our institutions, government and the country. But to consider their judgement in isolation from reality is foolish, and more importantly dangerous.

Vinay Sharma’s suicide attempt is a manifestation of a prison system in dire need of reform. Till then statistics of prison deaths in Tihar Jail will be just that -numbers, with no relation to reality.

Source: The Indian Express