Patriarchal Bias in Indian Prisons
US-born activist Sudha Bharadwaj, who relinquished her US citizenship to aid underprivileged communities in Chhattisgarh, sheds light on the dire situation of women in Indian jails.
Despite being released last year after three years in detention, Bharadwaj emphasizes the amplification of societal prejudices behind bars.
The glacial pace of India’s judicial system, compounded by the inability to raise funds and navigate complex bail procedures, leads to the prolonged incarceration of many women awaiting trial.
This disproportionately affects those at the bottom of the country’s centuries-old caste hierarchy, as revealed by the 61-year-old rights lawyer.
Bharadwaj points out the failure of the legal aid system in assisting poor prisoners, stating that “the patriarchal bias goes very deep.”
Women constitute less than five percent of India’s prison population, with over two-thirds yet to be convicted and languishing in pre-trial detention, according to 2015 government statistics.
The dynamics of society are starkly reflected within prisons, where existing prejudices and discriminations are exacerbated. Bharadwaj, a committed lawyer for the impoverished, shares her own privileged perspective despite facing arrest in 2018 on charges of inciting violence through speeches – charges she vehemently denies.
In her book, “From Phansi Yard,” researched during her incarceration, Bharadwaj details the stories of incarcerated women she encountered at Yerwada jail in Pune. Many could have been granted bail, but due to poverty or neglect by legal aid lawyers, they remained confined.
The book highlights the plight of women treated as second-class citizens, with an additional burden on Dalit women, who face discrimination due to historical practices of “untouchability.” Cases range from false accusations of theft to arrests following suicides in their households.
Bharadwaj underscores the need for a shift in the approach to bail, advocating for it to be the rule rather than the exception. She narrates instances of older women in poor health being denied bail despite her numerous applications on their behalf.
The book outlines specific cases, including that of a Dalit woman accused of stealing jewelry, another accused of murdering her landlord without clear evidence, and a widow arrested for her son’s alleged crime. The judicial system’s harsher sentencing for lower-caste individuals, as observed by Bharadwaj, further underscores the deep-rooted bias within the legal framework.
