Inside Taloja Prison: A Study

Taloja Central Prison, located in Kharghar, Navi Mumbai, Maharashtra, houses primarily male undertrial prisoners under the jurisdiction of various courts in the Mumbai Metropolitan Region (e.g., Mumbai, Thane, Kalyan, Panvel and Belapur Courts). Like many prisons across India, Taloja is severely overcrowded, accommodating thrice its sanctioned capacity. As an undertrial prisoner at Taloja, confined in Yard 03 (referred to as 바카라�Baba Barrack바카라�), which includes separate barracks for male prisoners aged 18 to 23, my curiosity was stirred by the rising number of young inmates here and the socio-economic realities leading to their incarceration. Many of them were from economically disadvantaged backgrounds, unable to afford legal representation and/or not produced in court for extended periods of time. Even those who managed to hire lawyers often did so at great financial sacrifice, with some lawyers becoming unresponsive after receiving payments, leaving the prisoners바카라� families uninformed about the status of their cases.

This research study, conducted by me in as an undertrial prisoner at Taloja Prison explores the consequences of the application of legal 바카라�reforms바카라� with a particular focus on the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). Drawing from surveys, observations, firsthand experiences and narratives of fellow prisoners, this study reveals the real-life effects of the POCSO Act바카라�s implementation by law enforcement agencies. The findings show that the law is wielded as a tool of retribution within a society marked by entrenched class, caste, gender and religious inequalities. This practice results in the perpetuation of the same exploitative and regressive structure that the law seeks to combat.

This study highlights the significant gap between formal equality and substantive equality that remains out of reach for many marginalised communities. The failure of legal mechanisms to supplant these social hierarchies underscores the persistent barriers that prevent true justice and equity. By examining the application of the POCSO Act, this study reveals the stark difference between the ideals of legal reform and their practical operation in a society still shaped by deep-seated inequalities.

Inside Baba Barrack

Due to my familiarity with local languages and legal procedures, fellow inmates frequently sought my help to read charge-sheets and draft applications. This interaction offered firsthand insight into the harsh reality of prisoners, more particularly the undertrials accused under the POCSO Act in the 18 to 23 age-group. These experiences informed a more systematic investigation. Conducting this study as an undertrial prisoner posed significant challenges to me, including restricted movement and other constraints. As most of the charge-sheets were with the accused바카라�s family or lawyer, I gathered information from the accessible charge-sheets.

The study focused on Yard 03, which housed 573 prisoners, 179 of whom were aged 18 to 23. Data collection included: Sample A (Total Sample)--A basic survey covering the nature of offence, time spent in prison, social composition and case status for all 573 prisoners; Sample B--Detailed structured and unstructured interviews of 88 randomly selected prisoners from 179 prisoners aged 18 to 23, exploring their socio-economic backgrounds, case details and prison experiences; and Sample C--Data collected, such as, case details, social composition, case status, of 90 POCSO cases from the total sample.

While conducting the survey (Sample A), it was observed that more than hundred accused were arrested for offences under the PCSO Act. Hence, from the total sample, further detailed data was collected focusing on prisoners arrested under the POCSO Act. The data of Sample C was sourced through structured interviews, group discussions and analysis of charge-sheets.

Survey Findings

The survey findings, despite challenges, could form a standalone case study. Completing the survey took several months due to logistical constraints, i.e., from January to December 2023, yielding the following key results:

Undertrial Statistics

Of the total sample (573 prisoners), 94% were undertrial prisoners. This aligns with the all-India trend바카라�Crime in India 2022 reflects that nearly 75% of prisoners in India are undertrials. In Maharashtra, undertrial prisoners constitute 84% of the total prison population.

Details of the 18 to 23 age-group

Approximately 42% of prisoners were aged 18 to 23 years, with an average age of 21.1 years. The total sample바카라�s average age was 27 years. 바카라�Nearly 29% of Sample B had started working before age 14 and 77% before age 18. Education levels of Sample B were low바카라�78% had not passed class X and only 0.1% were pursuing or had completed higher education. Family size of Sample B averaged 5.3. A significant portion had lost one or both parents. Monthly income of 45% of Sample B was reported to be below INR 20,000/.

Offence Distribution

Murder constituted 24.9% of the total sample and 15% of Sample B. POCSO offences constituted 17.5% of the total Sample and 19.6% of Sample B. Robbery/Attempted Robbery constituted 11.4% of the total sample and 17.7% of Sample B. Attempted murder constituted 10.9% of the total sample and 18.25% of Sample B. Theft-related offences constituted 10.2% of the total sample and 19.6% of Sample B.

Duration and Trial Status

Sample A: On average, prisoners had spent 28.6 months in custody. Over 52% had spent more than a year and 7% more than five years. Examination of prosecution witnesses had not commenced for 80.8% of prisoners. In 63% cases though the charges had been framed there had been no further progress in trial for over two years.

POCSO Cases-Sample C: Although under the POCSO Act [section 35(2)], trial is to be completed as far as possible within one year, the study data revealed a very different reality. Of the 90 POCSO cases examined, around 68% had spent more than one year as undertrials and about 10% had spent more than three years. Status break-up of the pending 90 POCSO cases: No progress바카라�48 cases (53.3%). Only charges framed, with no other progress바카라�18 cases (20%). Examination of Witnesses ongoing바카라�9 cases (10%). Final stage바카라�2 cases (2.2%). Status not known바카라�13 cases (14.4%).

Legal Representation

Sample A: Forty-two per cent had no lawyer representing them. Amongst those who were legally represented, 50% had changed their lawyer due to the lawyer not having acted in their matters or financial demands or absence of communication. Some of the accused had changed their lawyer multiple times. A major concern was non-production of prisoners on court dates바카라�58% were not produced since a year; most of those produced were produced less than three times.

POCSO Cases-Sample C: Of the 90 POCSO cases examined, 52 (58%) accused had legal representation. Out of these, 35 (39%) accused had engaged private lawyers and 17 (19%) were represented through free legal-aid provided by the District Legal Services Authority (DLSA) or Prayas (Non-Governmental Organisation). The remainder of 48 (42%) accused had no legal representation whatsoever and were trying to find private lawyers through family/other prisoners or legal-aid lawyer through DLSA.

Bail Applications

Sample B: Approximately 55% had not applied for bail due to financial constraints or lack of family support. Bail hearings were often delayed. Bail applications were pending for 18-24 months. Accused whose bail applications were rejected in lower courts rarely approached the High Court due to financial constraints and logistic challenges.

POCSO Cases-Sample C: Of the 90 POCSO cases examined, only 33 (36.6%) of accused had filed bail applications. Fifty-seven (63.3%) had not filed bBail applications. Of these 33 bail applications, only 4 (12%) bail applications were allowed. Of these 33 applications, 21 (64%) had got rejected at trial court level and of these, only 9 (43%) had approached the High Court for bail. Of these 33 bail applications, 8 (24%) are still pending.

Family and Communication (Sample B)

Families of 10% were unaware about the imprisonment as the accused had no contact details.

Impact of Prolonged Incarceration (Sample B)

About 60% consumed tobacco. Out of which 53.5% started this habit in prison.

Romantic Relationship Cases under the POCSO Act

In the 18 to 23 age-group (179-Sample B), 90 of them were arrested under the POCSO Act (50%). Fifty-two (58%) of those arrested under the POCSO Act (Sample C) claimed that they were in romantic relationships. This contention is supported by the fact that in 50 (96%) of these cases, FIRs have been registered by the girls바카라� family members바카라�in only 2 (4%) cases has the girl registered the FIR. Seven of the girls in their section 164 CrPC statement had clearly stated that they were in a romantic relationship. Of these 52 cases of romantic relationships, the girl was above 16 years in 13 (27%) cases and above 15 years in 21 (40%) cases. Of these 52 cases of romantic relationships, 79% of cases were of inter-religious or inter-caste relationships. Such relationships encountered severe opposition and violence from the girls바카라� family, resulting in FIRs and arrests. Among inter-religious relationships, 73.6% of cases were those in which the boy belonged to Muslim or other minority religious group and the girl was Hindu. Among inter-caste relationships, 77.2% of cases were those in which the boy belonged to the so-called lower caste compared to the girl바카라�s higher social status.

Sagar바카라�s Story

A poignant illustration of these dynamics is captured in the story of *Sagar, a 22-year-old Dalit man, who was accused of kidnapping and sexual assault under the POCSO Act. Living with his mother and younger siblings after the death of his father, Sagar worked odd jobs to support his family. He fell in love with 17-year-old *Poorva, who belongs to the so-called higher caste, Maratha. Her parents disapproved of their relationship since it was an inter-caste one. She faced abuse at home over it and in anger, she left her parents' home and sought refuge at Sagar바카라�s house. Sagar and his mother advised her to go back home. Upon escorting her to her house, Sagar suffered violence at the hands of her family and was subsequently arrested. Tragically, the strain on his family and feelings of helplessness led Sagar to take his own life while in prison. (*Names changed)

Findings on POCSO Cases

The POCSO Act바카라�s intention is to protect children from sexual predators, but its rigid application in cases of adolescent romantic relationship raises critical questions. Romantic relationship plays a significant role at the adolescent stage, resulting in development of independence, self-esteem and emotional well-being. However, India바카라�s deeply entrenched social norms denounce such relationships, more particularly when they cross religious or caste lines. In such scenario, the POCSO Act becomes a tool to further boost such social divide.

It is important to note that the age of consent in India has increased over time due to the then prevailing circumstances and reached 16 years by 1940. It was raised to 18 years in 2012 by the POCSO Act.

The rising number of POCSO cases involving adolescents has prompted Constitutional courts to suggest reconsideration of the age of consent. For instance, in Ashik Ramjan Ansari v. State of Maharashtra & Anr. (2023), the Bombay High Court referenced the United Nations Committee on the Rights of the Child, emphasising that states should avoid criminalising adolescents for consensual non-exploitative activities. In Shyam Singh v. State (2025), the Delhi High Court observed 바카라�that adolescents should be allowed to express their feelings and engage in relations without fear of criminalisation바카라� and that 바카라�the focus of the law should be on preventing exploitation and abuse rather than punishing love.바카라�

Critical Reflections

The analysis of cases under the POCSO Act emerged as a significant finding of this study, warranting an in-depth look at the insights they reveal. Each data point should form the basis for standalone research and discussion.

The POCSO Act functions in a way that assumes girls as victims devoid of agency reinforcing patriarchal and feudal principles. This bias results in boys, even minors, being disproportionately criminalised, though the POCSO Act in theory is gender-neutral, and in perpetuating caste and social hierarchies. The narrow scope of the law fails to accommodate the realities of adolescent behaviour and romantic relationships. It criminalises consensual acts and punishes those from marginalised communities who attempt to defy societal prejudice.

Dr. B.R. Ambedkar, in his seminal work Annihilation of Caste, highlights the role of endogamy in maintaining caste hierarchies. The POCSO Act, in practice, often serves as a tool for preserving these structures by punishing youthful love that defies the status-quo. This echoes in court observations. In Atul Mishra v. State of U.P. (2022), the Supreme Court stressed the need for a 바카라�bio-social approach바카라� to understand adolescent relationships, recognising them as 바카라�impulsive, immature, but certainly not sinful or tainted바카라�.

Despite its protective mandate, the POCSO Act바카라�s application can reinforce regressive societal norms, disproportionately affecting the marginalised. Addressing these issues requires thoughtful policy revision and consideration of socio-economic and age-related contexts to assure a more nuanced understanding of adolescent relationships and to prevent such tragic situations.

(Author바카라�s Note: I am very grateful to all the prisoners who shared with me information regarding their cases and their experiences, which helped deepen my understanding. I thank all my BK-16 co-prisoners for their valuable inputs. I wish to thank my Sathi, family and friends who motivated and encouraged me with their support, care, love and critical discussions.)