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K.V.ReddyPresidentAll India Prison Officers Association09849904733 / 09440060055E - Mail: kvreddydsp@yahoo.com
FORMULATING A PRAGMATIC PRISON POLICY FOR INDIA
:
LEGAL PROSPECTE
The world of Prison is no longer secret: Prisons have invited members of the public as volunteers to work with them for years but in the last two decadesthis trend has developed in an impressive wayThis has helped to know about the prisons, its inmates and their problems.Accordingly, it is evident that the Indian Prison System is in crisis. Thedimensions of the problems faced by our contemporary prison system are suchas require prompt and effective actionA concerned Supreme Court recently, ordered the expeditious trial of criminal cases pending for more than five years. It may come as a shock to theJudges who passed the order, that there are under trial in our prisons those havespent 20 years or more behind bars, without actually being convictedThere are 1305 prisons in India (Central Jail 93. District Jail-257. Sub-Jall850, Open Jail-2. Special jail 28. Women jail I2
.
Borstal Institution-13 and Juvenileand Lunatics Camps-13) having the authorized capacity of 214241.Against this authorised accommodation the actual prison population is 257235which is dominated by the large chunk of under trial prisoners 1 e.. 73% Thisproportion of under trial prisoners is rapidly is on increase leading toovercrowding in Jail20% in 1998 against 9.33% in 1996. The percentage of women prisoners in total prison population Is increasing on rapid pace especiallyin Bihar. Madhya Pradesh. Gujrat. Orissa, Andhra Pradesh. Maharashtra andMizoram, while in Delhi and Haryana it is slightly declining or static in comparisonto the year 
1996.
The problem of overcrowding in jail Is not uniformly prevailingIn all States/UTs. however is 3.18%.We have the sanctioned Strength of 49030 of prison staff at various rank's out of which the present staff strength is ?round 40000. The ratio between the prisonstaff and the prison population is approximately 1:7. It means only one prisonofficer is available for 7 prisoners. while in UK 2 prison officers are available onlyfor 3 prisoners.
 
Hence, over crowding in Prisons, prolonged detention of under-trialprisoners, unsatisfactory living conditons. lack of treatment programmes andallegations of indifferent and even in human approach of prison staff haverepeatedly attracted the attention of the critics over the years This raises aninterest to undertake a careful study about the ex~st ingIn dian Laws in relation toPrisons, to conduct a survey on attempts at prison reforms in our country and toanalyze activism on the subject, with an objective of ensuring the minimumhuman rights to thePrisoners as well.
THE PROBLEM
Crime in lndia is showing an increasing trend while there is an decreasingtrend in the reported crime, and there is an overall upward trend in PrisonPopulation Comparatively. This is a matter needs a careful study with regards tocrime reported, procedures for investigation, policies of arrests and award of sentences.A
 
majority of the persons lodged in prisons consisted of people belonging to theunder privileged sections of society. Majorities of the prison population consist of first offenders involved in technical or minor violations of law. Half of the prison population is under trial,. which is the main reason for over crowding inprisons. Conditions of living in most of the prisons are sub-human. Massapproach towards various problems of prisoners is in vogue. ,It would not be out of place to mention here that according to the UNGlobal Report on Crime and Justice. 1999, the rate of imprisonment tn our country IS very low i.e.. 25 prisoners per one lakh of populatlon In comparison toAustralia (98 1 prisoners). In England (125 prisoners) in USA (616 prisoners) andin Russia (690 prisoners) per one lakh of population A large chunk of prisonpopulation is dominated
 by
the first offenders say around 90°h The rate of offenders and recidivists in prison population of lndian Jails is
9:l
while In U K itIS I
2.
which is quite revealing and alarmingIt is shocking to find that all categories of inmates are huddled together inmost of the prisons including; women, children and young offenders and adults8.The plight of women, children and young offenders in prison is really an issue of grave concern. [inadequate medical services and absence of psychiatric servicesin prisons. add to the difficulties of prison administration. in some jails there arementally ill persons who have not committed any crime. In the other hand, theexisting prison buildings are not functionally suitable.Prison industries and work programs are archaic and devoid of anyrehabilitative value for inmates. The insertion of section 433-A in the Indian PenalCode (IPC), making mandatory for the life convicts to serve at least 14 years of 
 
actual imprisonment before being considered for premature release has jumpedtheir spirits for improving their behavior and work skillls.There are allegations about prevalent corruption, mal-practices and mal-treatment of prisoners. Trafficking in drugs, use of intoxicants, favoritism,unwarranted use of office, groupism, political influence and deprivationsare common things in our prisonsf1. There is no effective system or machineryfor looking into even the genuine grievances of prisoners. There is no proper freelegal aid mechanism to help or guide prison inmates on legal matters. Thecondition of sub jails and police lock ups is extremely deplorable. Theyare the most neglected institutions of our criminal justiceThe organizational structure of the department of prisons is inadequateand' in effective. The administration of prisons in the country is still governed bythe anti-quoted Prisons Act 1894. The provisions of the Act do not meet theneeds of the contemporary correctional thinking.There is a lack of coordination among police, prosecution, judiciary,prison and probation. Any attempt by voluntary agencies to extend their servicesfor the welfare of prisoners is looked upon with suspicion by prison personnel.Scientific approach towards treatment of offenders has not yet to-be acceptedand adopted by prison administration anywhere in India". To be an efficient unitand center for protection and correctional treatment a prison must essentially bea scientifically manageable unit. Training of prison personnel has remainingwoefully neglected in India. This is essential not only for ensuring efficiency,financial discipline and control but also for minimizing corruption in department.Protective and correctional objective of prisons can be achieved only when anatmosphere of wholesome opportunity surcharges with a positive value iscreated in these institutions and prisons are exposed to such an atmosphere'~.
PRISON REFORMS IN INDIA : THE HISTORY
The contemporary Prison administration in lndia is a legacy of the Britishrule. It is based on the notion that, the best criminal code can be of a very littleuse to a community unless there be a good machinery for the infliction of punishments. First time, in 1836 reforms at Indian prisons was initiated upon therecommended by Lord Macaulay. A committee namely: Prison DisciplineCommittee, was appointed, which submitted its report on 1838. The committeerecommended increased rigorous of treatment while rejecting all humanitarianneeds and reforms for the prisoners. In 1864 the second Commission of Inquiryinto Jail Management and Discipline was appointed. While recommending in thesame liner as the 1836 Committee, the Commission made somespecific suggestions regarding accommodation for Prisoners, improvement diets,clothing, bedding and medical care. In 1877 a Conference o f Experts met toinquiry into prison administration. The conference proposed the enactment-of a
of 00

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