This article has been written by Rabia pursuing a Diploma in Legal English Communication – oratory, writing, listening and accuracy from LawSikho.

This article has been edited and published by Shashwat Kaushik.

Introduction

A prison, also known as a jail or correctional facility, is a place where people are held in confinement, usually as a punishment for a crime. Prisons can be local, state, or federal, and they vary in size and security level. Some prisons are designed to house low-risk offenders who are serving short sentences, while others are designed for high-risk offenders who are serving long sentences or who have a history of violence.

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Prisons are typically run by government agencies. Prisoners are housed in cells or dormitories, and they are typically provided with food, clothing, and medical care. They may also be offered educational and vocational programmes to help them prepare for life after prison.

Prisons can be a dangerous and difficult place to live. Inmates may be subjected to violence, abuse, and sexual assault. They may also suffer from mental illness and addiction. However, prisons can also be a place of hope and redemption. Many inmates are able to turn their lives around and become productive members of society after they are released from prison.

Definition

According to Sethana, “Prisons are those places where the convicted person are kept or where the person on whom proceedings are going on in the courts are kept.”

Characteristics 

A prison is a place or area where prisoners are kept. Prisons are run by the state government. The convicts are kept in prisons temporarily or permanently. The person who has been proven guilty or is likely to be proven guilty of some crime is kept in prison.

Role and objective of prisons

The objective of prison is not to retaliate against an offender. It aims to make a prisoner a better human being so that he may become a good citizen and useful person for society in the future. There are various means to do so like prison labour, education, religious instructions, etc. The possibility of a prisoner’s reformation depends greatly on his nature. If the prisoner is such a hardened criminal who has committed many heinous crimes, he cannot be reformed in any way. On the other hand, if the prisoner is simple and has committed crimes under sudden provocations or compelling circumstances, he can be reformed to some extent.

Is it a state matter or a centre matter 

Prison is a state subject under the state list of the 7th Schedule to the Constitution of India. Regular guidance and advice to states and union territories (UTs) on various issues concerning prisons and inmates is given by the Ministry of Home Affairs. Presently, prisons are governed by the Prisons Act of 1894 and the prison manuals of their respective states.

Historical background

Prisons are not only centres for serving punishment; they are also centres for rehabilitation and reintegration.  With the Minute by TB Macaulay 1835, the modern prison in India was  originated . This minute is a very important document. On February 2, 1835, Macaulay presented his minute on Indian education, which established the need to impart English education to  native Indians. Later, the Prison Discipline Committee was appointed. This committee submitted its report in 1838.  The committee rejected all humanitarian needs and reforms for the prisoners. So instead of following the reformative theory, they followed the retributive theory of punishment. They believed that all the local laws would become ineffective if they had any humanitarian grounds. It can be observed that it is mostly because most of the prisoners at that point in time were Indians. That is the reason they followed such an inhumane approach. The present jail management and administration system in India is based on the Prisons Act 1894.

Structure of the criminal justice system in India

The criminal justice system in India is a complex and multifaceted system that is responsible for upholding law and order in the country. It is enforced through a number of laws, including the Code of Criminal Procedure (CrPC), the Indian Penal Code (IPC), and the Indian Evidence Act, 1872.

The CrPC is the primary law that governs criminal procedure in India. It sets out the procedures that must be followed by the police, the courts, and other criminal justice agencies in order to ensure that criminal cases are handled in a fair and just manner. The IPC is the main criminal code in India. It defines the various crimes that are punishable under the law and sets out the punishments that can be imposed for each crime. The Indian Evidence Act governs the admissibility of evidence in criminal trials. It sets out the rules that determine what evidence can be presented in court and how it can be used to prove or disprove a case.

In 2023, the Indian government introduced a number of reforms to the criminal justice system. These reforms included the enactment of three new laws: the Bharatiya Nagarik Suraksha Sanhita (BNSS), the Bharatiya Nyaya Sanhita (BNS), and the Bharatiya Sakshya Sanhita (BSS). These laws replaced the CrPC, the IPC, and the Indian Evidence Act, respectively.

The BNSS is a comprehensive law that governs criminal procedure in India. It consolidates and simplifies the provisions of the CrPC and makes a number of changes to the system. The BNS is the new criminal code of India. It replaces the IPC and makes a number of changes to the definition of crimes and the punishments that can be imposed for each crime. The BSS is the new law governing the admissibility of evidence in criminal trials. It replaces the Indian Evidence Act and makes a number of changes to the rules that determine what evidence can be presented in court and how it can be used to prove or disprove a case.

The reforms to the criminal justice system in India are a significant step forward. These reforms will help to make the system more efficient, effective, and just.

Prison reforms: pre-independence and post-independence in India

The prison system in India has gone through significant transformations over time, particularly during the pre-independence and post-independence eras.

Pre-independence era:

  1. Colonial influence: During British colonial rule, the prison system in India was heavily influenced by the British penal system, characterised by a focus on retribution and punishment rather than rehabilitation.
  2. Lack of uniformity: The prison system lacked uniformity, with different regions and presidencies having their own set of prison regulations and practices.
  3. Poor living conditions: Prisons were overcrowded and unsanitary, leading to appalling living conditions for inmates. Disease and malnutrition were rampant.
  4. Limited rehabilitation efforts: There was minimal emphasis on rehabilitation and reformation of prisoners, with few educational or vocational training opportunities available.
  5. Political prisoners: During the freedom struggle, many political activists and freedom fighters were imprisoned, facing harsh treatment and torture.

Post-independence era:

  1. Constitutional safeguards: The Indian Constitution, adopted in 1950, enshrined certain fundamental rights for prisoners, including the right to equality, protection against cruel and unusual punishment, and the right to legal aid.
  2. Prison reforms: Post-independence, India embarked on a series of prison reforms aimed at improving the living conditions of prisoners and focusing on their rehabilitation and reintegration into society.
  3. Model Prison Manual: In 1957, the Model Prison Manual was introduced, providing guidelines for the management and administration of prisons, emphasising humane treatment and providing basic amenities.
  4. Open prisons: Open prisons, characterised by a less restrictive environment, were established to foster a sense of self-reliance and prepare inmates for their return to society.
  5. Educational and vocational training: Educational and vocational training programmes were introduced to equip prisoners with skills and knowledge that could aid their post-release employment prospects.
  6. Rehabilitation programmes: Rehabilitation programmes, including counselling, psychological support, and substance abuse treatment, were implemented to address the underlying issues that may have contributed to criminal behaviour.
  7. Legal aid and access to justice: Efforts were made to provide legal aid and ensure access to justice for prisoners, especially those from marginalised communities.
  8. Juvenile justice system: The Juvenile Justice (Care and Protection of Children) Act 2000 was enacted to establish a separate juvenile justice system, focusing on the rehabilitation and welfare of young offenders.

Despite these reforms, challenges persist in the Indian prison system, including overcrowding, inadequate infrastructure, and limited resources. Nevertheless, the emphasis on rehabilitation and the recognition of prisoners’ rights represent a significant shift from the pre-independence era, underscoring India’s commitment to upholding human dignity and promoting social reintegration.

Issues related to prisons in India 

Congestion in jails

Overcrowding  among understudies is a major concern. For this under trial population, it has to be reduced significantly. Moreover, the Supreme Court has also declared the right to speedy justice a fundamental right that is present under Article 21 of the Constitution. As per the NCRB (National Crime Records Bureau) data, 117% of our prisons are already occupied.

Unhygienic conditions

Due to a lack of  proper medical facilities, most of the prisoners remain untreated. Mostly among female inmates, we can see that they are not well provided with sanitary napkins and basic health facilities.

Custodian torture

Custodial torture among prisoners is quite prevalent .Torture by police is not permitted  after the landmark judgement in the DK Basu case in 1986 but the brutal violence  is still  prevalent inside the prisons. To extract important evidence and extract confessions, police do employ third degree torture, even though it has been declared unconstitutional. As per the NCRB data, custodian deaths have increased.

Impede trials

Cases have been pending for many years, which results in disruptions to the prison administration system. The  Supreme Court judgement in Hussainara Khatoon vs. Home Secretary 1979 , famously known as the legal aid case, recognised the right to a speedy trial even for  the prisoners.

Women prisoners

A dramatic ascent  in the number of female prisoners can be seen in India. Women in incarceration face more challenges in terms of access to basic facilities and services. Moreover, there is an absence of exclusive female prisons in India, which in itself is a huge challenge.

Right to life and personal liberty for prisoners:- 

  • Article 21
  • Article 39A
  • An accused has a right to be tried without undue delay {Article 14(3)(c) International Convention on civil and Political Rights}

State of Andhra Pradesh vs. Challa Ramkrishna Reddy:

A prisoner, whether a convict,under- trial or detenu, is a human being and entitled to all fundamental rights until liberty is constitutionally curtailed.

Committees and recommendations of prison reforms

Justice Mulla committee 1983

The Mulla Committee recommended improved prison accommodations, the creation of the Indian Prisons and Correctional Services, and public and media visits for transparency and the reduction of under-trial prisoners through expedited trials.

Recommendations:

  • Government should form a national policy on prisons.
  • Government should use alternatives to imprisonment, such as community service, etc.

Justice V.R. Krishna Iyer Committee, 1987

In 1987, this committee was appointed to study the situation of women  in prisons in India.

Recommendation:

  • Induction of more women into the police force.
  • Separate institutions with women employees alone, especially for women offenders.
  • Necessary provisions to restore the dignity of convicted women.

In State of Rajasthan vs. Balchand, aka Balia 1978, Justice V.R. Krishna Iyer said that bail is the rule and jail is the exception. From then on, it became a legal principle for courts in India.

Under the chairmanship of the directorate general (BPR&D) in 2005, a national policy on prison reforms was drafted.

Justice Amitav Roy Panel, 2018

Justice Amitav Roy panel 2018 of the Supreme Court recommends several prison reforms:- alternative punishment should be explored, special fast track courts, improvements in lawyer-prisoners ratio,  use of video-conferencing for trial ,  the Supreme Court passing directions to start the  process of recruitment against vacancies and several more.

Model Prisons Act of 2023

Due to “several lacunae” (deficiency or gaps) in the old pre independence acts like the Prison Act, 1894, which mainly focus on the retributive theory (revenge theory), there is no provision for rehabilitation of the prisoners under this act.  On May 12, 2023, the Model Prisons Act 2023 introduced provisions for gang violence within prisons. This is because of the  incident that triggered fear among inmates the killing of 33 year old Tillu Tajpuriya, who was  stabbed to death by the members of a rival gang inside the Tihar jail.

Provisions of Model Prisoners Act of 2023 

  • Provisions of punishment for prisoners, along with the  jail staff for use of mobile phones or other prohibited items in jail.
  • Establishment of high security jails and open jails (open jails have relatively less stringent rules as compared to controlled  jails). It is  minimum security prisons or prisons without bars. (Open prisons  have promoted reformative forms of punishment and transformed lives of inmates.)
  • Provisions for protecting society from the criminal activities of habitual offenders.
  • Legal aid to prisoners: Article 39 A, DPSP (Directive Principle of State Policy), mentions equal justice and free legal aid as two of the most essential rights. It is the state’s duty to promote justice ,on the basis  of equal opportunity , to provide  free legal aid ,by suitable legislation or schemes or in any other way.
  • Parole :It  is a form of early release for prison inmates where the prisoner agrees to abide by behavioural  conditions. This also includes the  check -in with their designated parole officers . If these are not followed, then  they may be rearrested and returned to prison.
  • Furlough: It is the  right of prisoners to retain family and social ties . This also helps them counter the ill effects of prolonged time spent in prison.
  • Premature release: premature release is a discretionary power vested in the appropriate government, the governor and the president under Section 432 of CrPC, 1973 and Articles 161 and 72 of the Constitution of India.
  • Prison administration board recognises special facilities for women and transgender prisoners.
  • Provisions for use of technology in prison administration.
  • Provision for video conferencing with courts.

Conclusion 

In a nutshell, we can say that  the task of revising the Prisons Act was given to the Bureau of Police Research and Development by MHA (Ministry of Home Affairs ). With the efforts of many, a new act has come into being, the Model Prisons Act 2023. This Act is made after reviewing the provisions of the following 3 acts:

  1. The Prisons Act 1894
  2. The Prisoners Act 1900 
  3. The Transfer of Prisoners Act 1950

As prisons are a state subject, this Act is not binding, but it provides some guidelines to the States for an efficient prison management and criminal justice system. 

References

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