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Report No. 135

2.25. Treatment of female prisoners.-

Apart from the amendments which we have so far recommended regarding the procedure to be adopted in dealing with women in custody at the stage of arrest, investigation, inquiry and trial, it is, in our opinion, also necessary that the sentence of imprisonment (where such a sentence is imposed by the court on a woman) shall be carried out in the proper spirit. Imprisonment, no doubt, imposes restrictions on the liberty of the person sentenced thereto, but it does not permit cruelty, harassment, exploitation or other maltreatment of a person in prison, nor does it allow an attitude of lethargy or indifference towards the prisoner.

Even as regards the restriction of liberty, a sentence of imprisonment does not justify undue, unusual, excessive or improper restraint to the prisoner. In stating this proposition we may be stating what is obvious or well-known, but there are occasions when even that which is well-known may have to be given a statutory shape in the interest of uniformity and certainty, and in order to sake the law on the particular subject comprehensive.

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