Entry of journalists, filmmakers into jails banned

NEW DELHI: Red-faced after a documentary shot by British filmmaker Leslee Udwin in Tihar and released in March showed Nirbhaya's rapist blaming her for the circumstances that led to her rape and murder, the Union home ministry on Friday issued fresh guidelines to the states for regulating and monitoring jail visits by individuals, mediapersons and documentary-makers.
Stating that no private individual, press, NGO or company should "ordinarily" be allowed entry to prisons for research, making documentaries, write ups or interviews, the guidelines permit states and UTs to consider giving access to visitors/press/documentary makers where the research, article or documentary is for the purposes of creating a positive social impact or relates to prison reforms.
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The home ministry has suggested a revamped procedure for processing permissions for jail visits. While a normal visitor must apply to the jail superintendent or state/UT home department at least 30 days prior to the visit, foreigners need to do this 60 days ahead. Print journalists may submit the application seven days in advance.
As per the guidelines, which supersede an earlier advisory issued in December 2012, the state/UT administration, before allowing jail visits by foreigners, may consult the local unit of the Intelligence Bureau, ministry of external affairs or foreigners division of the Union home ministry to verify their credentials.
All visitors will be required to give an undertaking that the research paper/article/documentary would not be released without a no-objection certificate from the state/UT administration. Also, the visitor must pledge immediate compliance if called upon to withdraw from circulation the documentary/article/paper/book of any content thereof.
Interestingly, all visitors will be required to submit a Rs 1-lakh security deposit ahead of jail tour. This amount may however be dispensed with or modified in case of research by students. The security deposit will stand forfeited in the event of violation of guidelines or undertaking given by the visitor, followed by suitable legal action.
Upon arrival at the prison, visitors will be carefully frisked. Documentary makers must only carry one recording device (handycam/camera/tape recorder). Tripod and stand-mounted cameras and mobile phones shall not be allowed inside. Videography or photography that could create a potential security risk or social/communal disturbance will not be permitted.
Importantly, the jail superintendent or his next in command must be present during the inmates' interview. He can intervene on the spot if he finds any video clip or the interview being conducted, as undesirable. After the visit, the visitors must leave their recording equipment with the jailor for three days. He will go through the recordings carefully and delete any objectionable portion.
The final version of the documentary/film/research paper/articles/books must be vetted by the state government or head of prison department, prior to publication or release.
The clearances given to Udwin to shoot her documentary, 'India's Daughter', were questioned after the film promos showed convict Mukesh Singh blaming Nirbhaya for her brutal end as she had dared to take on her attackers. A miffed government got a court injunction against its telecast in India, but BBC, which purchased the film's rights from Udwin, went ahead and aired it overseas. The film later went viral on social media and was watched by millions of net-savvy Indians.