modrenization of Prison in india jail reform committee cases held by courts step taken by government problem faced by prisoner

1. MODERNIZATION
OF
PRISONS

2. INTRODUCTION
Prison, an institution for the confinement of persons who have been remanded
(held) in custody by a judicial authority or who have been deprived of their
liberty following conviction for a crime A person found guilty of a felony or a
misdemeanour may be required to serve a prison sentence. The holding of
accused persons awaiting trial remains an important function of contemporary
prisons, and in some countries such persons constitute the majority of the
prison population. In the United Kingdom, for example, generally about one-
fifth of the prison population is unconvicted or unsentenced, while more than
two-thirds of those in custody in India are pretrial detainees. Prison, an
institution for the confinement of persons who have been remanded (held) in
custody by a judicial authority or who have been deprived of their liberty
following conviction for a crime. A person found guilty of a felony or a
misdemeanour may be required to serve a prison sentence. The holding of
accused persons awaiting trial remains an important function of contemporary
prisons, and in some countries such persons constitute the majority of the
prison population. In the United Kingdom, for example, generally about one-
fifth of the prison population is unconvicted or unsentenced, while more than
two-thirds of those in custody in India are pretrial detainees.

3. Prison in India
The management and administration of Prisons
falls exclusively in the domain of the State
Governments, and is governed by the Prisons
Act, 1894 and the Prison Manuals of the
respective State Governments. Thus, States have
the primary role, responsibility and authority to
change the current prison laws, rules and
regulations

4. Major Issues of Prisons in India
• Overcrowding: The country’s 1,412 jails are crowded to 114% of
their capacity, with a count of 4.33 lakh prisoners against a capacity
of less than 3.81 lakh until December 31, 2016, according to
provisional figures cited by the government in Rajya Sabha. Similar
figures have been put forth by National Crime Records Bureau
(NCRB) in 2015. One of the primary reasons for overcrowding of
prisons is pendency of court cases. As on March 31, 2016, more
than three crore cases are pending in various courts, and two of
every three prison inmates in the country are under-trials.
Overcrowding affects the already constrained prison resources and
renders separation between different classes of prisoners difficult.
• Under-trials: As discussed above, more than 67% of the prisoners in
India are under trials. The share of the prison population awaiting
trial or sentencing in India is extremely high by international
standards. For example, it is 11% in the UK, 20% in the US and 29%
in France.

5. • Corruption and extortion: Extortion by prison staff is common in
prisons around the world. Given the substantial power that guards
exercised over inmates, these problems are predictable, but the low
salaries that guards are generally paid severely aggravate them. In
exchange for contraband or special treatment, inmates supplement
guards' salaries with bribes. Powerful inmates in some facilities in
India enjoy cellular phones, rich diets, and comfortable lodgings,
while their less fortunate brethren live in squalor.
• Lack of legal aid: Lawyers in India are poorly paid and are often
over-burdened with cases. Further, there is no monitoring
mechanism to evaluate the quality of legal aid representation in
most states.
• Unsatisfactory living conditions: Overcrowding itself leads to
unsatisfactory living conditions. Moreover, prison structures in India
are in dilapidated condition. Lack of space, poor ventilation, poor
sanitation and hygiene make living conditions deplorable in Indian
prisons. Mental health care has negligible focus in Indian prisons.

6. • Custodial deaths: In 2015, a total of 1,584 prisoners died in jails. A large proportion of the
deaths in custody were from natural and easily curable causes aggravated by poor prison
conditions. There also have been allegations of custodial deaths due to torture.
• Underpaid and unpaid labour: Labour is extracted from prisoners without paying proper
wages.
• Inadequate security measures and management: Poor security measures and prison
management often leads to violence among inmates and resultant injury and in some cases
death.
• Condition of women prisoners: Women prisoners face number of challenges including poor
nutritional intake, poor health and lack of basic sanitation and hygiene. There are also alleged
instances of custodial rapes which generally go unreported due to the victims’ shame and
fear of retribution.
• Discrimination: According to Humans Rights Watch, a “rigid” class system exists in the Indian
prisons. There is rampant corruption in the prison system and those who can afford to bribe,
often enjoy luxuries in prison. On the other hand, socio-economically disadvantaged
prisoners are deprived of basic human dignity.
• Lack of reformative approach: Absence of reformative approach in Indian prison system has
not only resulted in ineffective integration with society but also has failed to provide
productive engagement opportunities for prisoners after their release.

7. • Custodial deaths: In 2015, a total of 1,584 prisoners died in jails. A large proportion of the
deaths in custody were from natural and easily curable causes aggravated by poor prison
conditions. There also have been allegations of custodial deaths due to torture.
• Underpaid and unpaid labour: Labour is extracted from prisoners without paying proper
wages.
• Inadequate security measures and management: Poor security measures and prison
management often leads to violence among inmates and resultant injury and in some cases
death.
• Condition of women prisoners: Women prisoners face number of challenges including poor
nutritional intake, poor health and lack of basic sanitation and hygiene. There are also alleged
instances of custodial rapes which generally go unreported due to the victims’ shame and
fear of retribution.
• Discrimination: According to Humans Rights Watch, a “rigid” class system exists in the Indian
prisons. There is rampant corruption in the prison system and those who can afford to bribe,
often enjoy luxuries in prison. On the other hand, socio-economically disadvantaged
prisoners are deprived of basic human dignity.
• Lack of reformative approach: Absence of reformative approach in Indian prison system has
not only resulted in ineffective integration with society but also has failed to provide
productive engagement opportunities for prisoners after their release.

8. Measures taken by the Government
• Modernization of Prisons scheme: The scheme for modernisation of
prisons was launched in 2002-03 with the objective of improving
the condition of prisons, prisoners and prison personnel. Various
components included construction of new jails, repair and
renovation of existing jails, improvement in sanitation and water
supply etc.
• E-Prisons Project: The E-Prisons project aims to introduce efficiency
in prison management through digitization. The E-prisons project
supplements the Prisoner Information Management system (PIMS)
which provides a centralized approach for recording and managing
prisoner information and generating different kinds of reports. The
PIMS records Prisoner’s basic details, family details, biometrics,
photograph, medical details, prisoner case history, prisoner
movements, punishment details etc. The availability of these details
on an electronic platform will be useful to track the status of
prisoners and smooth functioning of the prison system.

9. • Model Prison Manual 2016: The manual provides
detailed information about the legal services (including
free services) available to prison inmates. The Ministry
of Home Affairs has issued an advisory to all States and
UTs informing them about the legal aid facility available
to under-trial prison inmates.
• National Legal Services Authority: It has launched a
web application recently to facilitate the under trial
prisoners with free legal services. The objective of the
above application is to make the legal services system
more transparent and useful. All authorities will be
able to monitor the provision of legal aid to prison
inmates. This will ensure that no prisoner goes
unrepresented, right from the first day of his
production in the Court.

10. • Draft National Policy on Prison Reforms and
Correctional Administration: Its key provisions include:
1. Amending the Constitution to include principles of
prison management and treatment of under trials
under DPSP and including prisons in concurrent list.
2. Enactment of uniform and comprehensive law on
matters related to prisons.
3. A department of Prisons and Correctional Services to
be opened in each state
4. State shall endeavour to provide alternatives to
prisons such as community service, forfeiture of
property, payment of compensation to victims, public
5. State shall improve the living conditions in every
prison and allied institution

11. Prison Reforms in India – a brief
background and overview
• The history of prison establishments in India and subsequent reforms have been reviewed in detail
by Mahaworker (2006). A brief summary of the same is presented below.
• The modern prison in India originated with the Minute by TB Macaulay in 1835. A committee
namely Prison Discipline Committee, was appointed, which submitted its report on 1838. The
committee recommended increased rigorousness of treatment while rejecting all humanitarian
needs and reforms for the prisoners. Following the recommendations of the Macaulay Committee
between 1836-1838, Central Prisons were constructed from 1846.
• The contemporary Prison administration in India is thus a legacy of British rule. It is based on the
notion that the best criminal code can be of little use to a community unless there is good
machinery for the infliction of punishments. In 1864, the Second Commission of Inquiry into Jail
Management and Discipline made similar recommendations as the 1836 Committee. In addition,
this Commission made some specific suggestions regarding accommodation for prisoners,
improvement in diet, clothing, bedding and medical care. In 1877, a Conference of Experts met to
inquire into prison administration. The conference proposed the enactment of a prison law and a
draft bill was prepared. In 1888, the Fourth Jail Commission was appointed. On the basis of its
recommendation, a consolidated prison bill was formulated. Provisions regarding the jail offences
and punishment were specially examined by a conference of experts on Jail
• Management. In 1894, the draft bill became law with the assent of the Governor General of India.

12. Prisons Act 1894
• It is the Prisons Act, 1894, on the basis of which the present
jail management and administration operates in India. This
Act has hardly undergone any substantial change. However,
the process of review of the prison problems in India
continued even after this. In the report of the Indian Jail
Committee 1919-20, for the first time in the history of
prisons, 'reformation and rehabilitation' of offenders were
identified as the objectives of the prison administrator.
Several committees and commissions appointed by both
central and state governments after Independence have
emphasised humanisation of the conditions in the prisons.
The need for completely overhauling and consolidating the
laws relating to prison has been constantly highlighted.

13. • The Government of India Act 1935, resulted in the transfer of the subject of jails
from the centre list to the control of provincial governments and hence further
reduced the possibility of uniform implementation of a prison policy at the
national level. State governments thus have their own rules for the day to day
administration of prisons, upkeep and maintenance of prisoners, and prescribing
procedures. In 1951, the Government of India invited the United Nations expert on
correctional work, Dr. W.C. Reckless, to undertake a study on prison administration
and to suggest policy reform. His report titled 'Jail Administration in India' made a
plea for transforming jails into reformation centers. He also recommended the
revision of outdated jail manuals. In 1952, the Eighth Conference of the Inspector
Generals of Prisons also supported the recommendations of Dr. Reckless regarding
prison reform. Accordingly, the Government of India appointed the All India Jail
Manual Committee in 1957 to prepare a model prison manual. The committee
submitted its report in 1960. The report made forceful pleas for formulating a
uniform policy and latest methods relating to jail administration, probation, after-
care, juvenile and remand homes, certified and reformatory school, borstals and
protective homes, suppression of immoral traffic etc. The report also suggested
amendments in the Prison Act 1894 to provide a legal base for correctional work.

14. The Model Prison Manual
• The Committee prepared the Model Prison Manual
(MPM) and presented it to the Government of India in
1960 for implementation. The MPM 1960 is the guiding
principle on the basis of which the present Indian
prison management is governed.
• On the lines of the Model Prison Manual, the Ministry
of Home Affairs, Government of India, in 1972,
appointed a working group on prisons. It brought out
in its report the need for a national policy on prisons. It
also made an important recommendation with regard
to the classification and treatment of offenders and
laid down principles

15. The Mulla Committee
• In 1980, the Government of India set-up a
Committee on Jail Reform, under the
chairmanship of Justice A. N. Mulla. The basic
objective of the Committee was to review the
laws, rules and regulations keeping in view the
overall objective of protecting society and
rehabilitating offenders. The Mulla Committee
submitted its report in1983.

16. The Krishna Iyer Committee
• In 1987, the Government of India appointed
the Justice Krishna Iyer Committee to
undertake a study on the situation of women
prisoners in India. It has recommended
induction of more women in the police force
in view of their special role in tackling women
and child offenders.

17. Subsequent developments
• Following a Supreme Court direction (1996) in Ramamurthy vs State
of Karnataka to bring about uniformity nationally of prison laws and
prepare a draft model prison manual, a committee was set up in
the Bureau of Police Research and Development (BPR&D). The jail
manual drafted by the committee was accepted by the Central
government and circulated to State governments in late December
2003. How many have acted on it is anybody's guess. As in the case
of the recommendations of the National Police Commission (1977),
which had sought the creation of a State Security Commission and
• the promulgation of a new Police Act to replace the 1861
enactment, implementing jail reform recommendations rests with
the States. The Home Ministry can do precious little if there is no
political will on the part of States to push through both police and
prison reforms.

18. • In 1999, a draft Model Prisons Management Bill (The Prison
Administration and Treatment of Prisoners Bill- 1998) was
circulated to replace the Prison Act 1894 by the
Government of India to the respective states but this bill is
yet to be finalized. In 2000, the Ministry of Home Affairs,
Government of India, appointed a Committee for the
Formulation of a Model Prison Manual which would be a
pragmatic prison manual, in order to improve the Indian
prison management and administration.
• The All India Committee on Jail Reforms (1980-1983), the
Supreme Court of India and the Committee of
Empowerment of Women (2001-2002) have all highlighted
the need for a comprehensive revision of the prison laws
but the pace of any change has been disappointing
(Banerjea 2005). The Supreme Court of India has however
expanded the horizons of prisoner‟s rights jurisprudence
through a series of judgments.

19. Justice Amitava Roy panel, 2018
Supreme Court’s newly constituted Justice Amitava Roy
panel will look into various matters including over-
crowding in prisons and the issues concerning women
prisoners. The apex court on August 27, 2018 had
reserved its previous order on the issue of constituting a
committee to deal with issues pertaining to jails and
suggest reforms. The Supreme Court had taken a strong
exception to overcrowding of jails across the country and
said prisoners also have human rights and cannot be kept
like “animals”. The SC had earlier passed a slew of
directions over unnatural deaths in jails and on prison
reforms across India

20. Recent development
• The Maharashtra government and Azim Premji
Philanthropic Initiatives Pvt Ltd have signed a MoU
recently with an aim to work together to design,
implement, monitor and document a model
programme to provide legal help to prisoners,
especially under-trials.
• The initiative aims to help under-trials, who on merit,
deserve bail, pending disposal of their cases. It would
also help unburden prisons that have inmates 30 per
cent more than their actual capacity. The state
government has also entered into a partnership with
Tata Trusts to provide social workers in prisons.

21. Way Forward
• The issue of overcrowding in Indian jails requires an immediate attention. Sincere
efforts should be made to improve living conditions which include better
sanitation and hygiene, adequate food and clothing.
• Efforts should be made to reform offenders in the social stratification by giving
them appropriate rehabilitation and correctional treatment. Initiatives should be
taken to impart vocational training to prisoners and ensure proper rehabilitation
and social inclusion after release.
• The government must take initiative to improve the conditions of under-trial
prisoners which can achieved by speeding of the trial procedure, simplification of
the bail procedure and providing effective legal aid.
• It is also important to address the issue of inadequate prison management by
recruiting more prison staff, imparting proper training and undertaking
modernization of prisons.
• Issues related to custodial violence and sexual abuse should be dealt with effective
monitoring and stringent punishments of those involved in such violence.
• The concept of open prisons should be encouraged more as a correctional facility.

22. Conclusion
• Prisons’ constitute important institutions
which protects the society from criminals. The
obstacles in prison reforms are resource
allocation, deterrent functions of punishment,
notion of rehabilitation, and internal control.
• To improve prison conditions does not mean
that prison life should be made easy, it means,
it should be made humane and sensible