In this article, Shagun Bahl discusses the Prison Laws in India.

Prison Laws in India – The forgotten Law

The Prisons law of India is amongst the forgotten laws of this country which has lost its existence so significantly that neither the law makers of this country nor the mighty political system gives it any value in order to get reformed within today age and time. There is lacuna of stringent legislation for prisoners who also deserve life to be led with the basic human respect which we all are entitled to being citizens of this country despite the wrongdoings they have committed. The prisoners kept in jails are kept in inhuman conditions and are deprived of even basic human amenities like healthy sanitary conditions and lack of proper food, bedding and clothing facilities. The real pragmatic change in criminals kept in prisoners and solitary confinements can be brought by using reformative measures in prisons rather than trying to tame them by authoritative means like animals kept in zoo.

The Prisons Act, 1894

The Prisons Act 1894 is one of the oldest piece of legislation in India dealing with laws enacted in relation to prisons in India. This Act was enacted on 22^nd March , 1894 and enforced  on 1^st July, 1894.This act contains 62 sections and XII Chapters and it is an exhaustive act which contains law relating to smooth functioning of prisons.

• This act defines the term prison inclusively as buildings maintained by state governments with the purpose to detain prisoners. The act also categorizes prisoners as “criminal “, “civil” and “ convicted” prisoners.
• The Chapter II of the Act deals with maintenance and officers of prison. It deals more with appointment of staff including superintendent, medical officer, jailer and officer like inspector general under whose charge the prison will work efficiently. The inspector in – charge will be bound to carry the functions to run the prison in manner as directed by the state authorities. The state authorities have to make proper arrangements for accommodation of prisoners and this act also make provisions to deal with natural calamities like epidemics wherein the prisoners are provided safe custody and temporary shelter during that period on directions of inspector- in charge.
• The Chapter III of the Act deals with duties of officers of the prison as enumerated under Section 8 to 20. Superintendent, jailer and medical officers shall constitute officers of the prison who all are responsible to run the prison in an efficient manner. Superintendent of the prison who is ought to comply orders of Inspector General shall look into matters relating to labour, discipline , punishment , expenditure of prison as well has to maintain records of prisoners. Medical officer of prison shall be in subordination to superintendent and is responsible to carry out following functions with respect to sanitary conditions, health, treatment of prisoners, reporting to superintendent with respect to prisoners seriously affected with a disease etc. Apart from this medical officer shall also keep record of all particulars such as health, diet, diseases and date of death of deceased prisoner. Jailer of the prison who is subordinate to Superintendent shall maintain all records and shall be in-charge of prison and documents. Jailer shall also be assisted by deputy or assistant jailer. The Jailer of Prison is also responsible to always reside within the premises of prison and shall not leave prison without prior intimation.
• The Act also creates posts for prisoners such as convict prisoners who shall function and carry responsibilities within prison premises and shall deemed to be public servants. Section 9 of the Act strictly prohibits jail officers to carry commercial activities within jail premises.
• The Chapter IV of the act deals with admission, removal and discharge of prisoners. The essentials of this chapter covers that convicts entering into prison shall be thoroughly checked and all their belongings shall be kept in custody of jailer and the female convicts shall be checked only by female officers. The criminal convicts shall be examined by medical officer and marks and wounds on his body shall be recorded.  Prisoner shall only be removed from prison premises if in the opinion of medical officer he suffers with acute disease.
• Chapter V deals with discipline of prisoners, it lays few essentials i.e. that male prisoners shall be separated from female prisoners, convicted prisoners from under trial prisoners, prisoners under age of 21 shall be kept separately, prisoners sentence with death sentence shall be kept separately from all others.
• Civil or an under trial prisoner shall have an access to commodities from outside the prison subject to examination of the goods being received. Such prisoners shall provide themselves with clothing’s and bedding\’s. No part of food, bedding or clothing belonging to civil and under trial prisoner shall allow to be transferred to convicted prisoners.
• Chapter VII deals with employment of prisoners. Civil prisoners are permitted to work after permission from superintendent and shall receive earnings for the work done. A criminal prisoner shall not work for more than nine hours and shall work only in case of emergency. All prisoners convicted for simple imprisonment shall be made to work within the premises.
• The Act also lays directions as to taking care of health of prisoners within the prison premises. Prisoners shall be subject to regular medical check-up and sick prisoners shall be provided with proper medical care and attention.
• Sections 42 to 54 deals with offenses relating to prison. Section 42 lays out that any person who being into or removes from prison prohibited articles, abets offenses prohibited under act or communicates with convicted prisoners shall be punished with imprisonment of six months or with fine of rupees two hundred or with both.
• Prison offence are enumerated under section 46, which shall include wilful disobedience of prison rules, use of criminal force or threatening language, indecent behaviour, refusal to work, causing damage to prison property or documents, preparation or conspiring for escape etc, offenses committed under the section shall be punishable under sections 46 and 47 of the Act.
• Section 52 lays out that in case a prisoner is in a habit of committing heinous crime time and again, he shall be forwarded to District Magistrate or any other Magistrate of first class by superintendent.
• The act under section 54 lays punishment for offenses committed by prison subordinates.

Critical analysis of The Prisons Act, 1894

The Prison Act 1894 deals more with the smooth functioning of prison rather than reformation and rehabilitation of prisoners. This act has colonial approach which deflects with the contemporary ideology of reformation of prisoners on humanitarian grounds in order to change their heart and mind to become responsible citizens rather than to advocate punitive and disciplinary measures of taming them in prisoners like animals in zoo . The prisoners should not be just left on its own in prison to just languish and suffer like dead creatures but should be  treated with respect of a human being.

Incompetencies – The real picture of Prison

According to the statistical reports given by http://www.hrln.org/hrln/prisoners-rights/the-initiative.html , 80% of prisoners are victims are under trials who are kept in inhuman conditions where they have to face poor conditions , lack of proper medical facilities and are subjected to torture by jail authorities .

There are statutory legislation such as the Prisoners Act, 1894 and various precedents which have been laid down in landmark cases which provide for the rights which these prisoners are entitled to but the time again it has been proved that these centurion old laws are futile in today’s age and time to deal effectively with prisoners right and to reform them in a humanitarian manner. Nobody thinks about the social stigma the prisoners have to face all their life and perhaps they can never become as normal citizens of this country ever after some because of the path they chose for themselves and other because of lack of reformatory measures in jails which never reform them as individuals who can contribute to the society in the outside world.

Issues of concern

• 80% prisoners are under trials
• Even though bail is granted, prisoners are not released.
• Lack or insufficient provision of medical aid to prisoners
• Callous and insensitive attitude of jail authorities
• Punishment carried out by jail authorities not coherent with punishment given by court.
• Harsh mental and physical torture
• Lack of proper legal aid
• High amount of surety ordered by courts which indigent prisoners can’t pay
• Rejection of surety bonds due to lack of money or verification of addresses, as indigent prisoners don’t have houses.
• Corruption and other malpractices.

Reformatory measures – Prisoners Rights

The rightful treatment to the prisons can be achieved by the law makers by implementing the rights given to them by virtue of acts like Prison Act , 1894 and other precedents in confluence with advocates , social activists and NGO initiatives by safeguarding their access to free legal aid services by filing their bail applications and legal assistance to under trails who are languishing in jails without proper trials which is the most gross injustice to the prisoners inside jail who have to fight for their survivals in jails without a legal trial , maternity help given to female prisoners in jail so that they can carry  the child safely, therapy sessions should be conducted in jails for prisoners in order to ensure that they don’t break psychologically inside the prison cells, monetary assistance given to indigent prisoners and their families to fight for their survival inside the jail.

The prisons are made for reformatory purposes not to break their inner self so blatantly that they can never fit into their normal self in outside world ever after .The reformation is not seen in prisoners when they get released out of jail cells as they become absolute misfits in the society after suffering from inhuman tortures and adding to their misery the social stigma they have to live with as they are never accepted neither by society nor by their own families. It is hard to picture their plight in light of the incompetent infrastructure present in prisons and inhuman treatment they have to suffer at the hands of prison authorities.

Positive Outlook – The Approach to be

As the famous quote given by father of our nation Mahatma Gandhi as “Hate the crime not the criminal” shall be the approach kept in mind in reforming prisoners. A prisoner shall be sent to prison for the punishment and not as a punishment to deprive his personal liberty and privacy. The punitive punishment system should not reach the pinnacle level of destructiveness for human beings from which they can never be reformed. It is also essential to ameliorate environment of the prisons and to value humanitarian needs of prisoners so as to ensure that prisons do not create hardened criminals .It is essential to rehabilitate and socialize prisoners in view to help the prisoners to become responsible and potential citizen of this country.

The time has come to unlock the colonial Indian prison system and amend the centurion old Prison Act 1894 as its obsolete and not in tune with modern day and age where the reformation is required not only of prisons but also the prisoners who shall be equipped with basic fundamental rights which this nation grants to its every citizen.