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ACKNOWLEDGEMENT

I would like to express my sincere gratitude to Dr. AMITABH


SINGH, (Asst. Prof.) DEPARTMENT OF LAW, ASSAM
UNIVERSITY SILCHAR, for providing me an opportunity to do
my project work in “PRISON REFORMS”.

I would also like to thank all my friends for helping and


making the project successful. This acknowledgement is one
way where I can actually thank the people who have been
instrumental in the making of this project. With their help the
project was done with ease.

I would like to thank a lot of people without whose co-


operation and support working on this project would not have
been so pleasurable and interesting.
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CONTENTS
SERIAL PAGE NUMBER
NUMBER
Name of the Topic
1 INTRODUCTION 3-4
2 Meaning Of Prison 5
3 Historical Perspective 6
4 Why Promote Prison Reforms 7-8
5 Indian Prison Reforms 9
5.1 Pre-Independence 9-13
5.2 Post-Independence 14-16
6 Steps Taken By the Government 17-19
7 Conclusion 20
8 Bibliography 21

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INTRODUCTION
Punishing the offenders is the primary function of all civil societies.
Prisons are known to have existed throughout the history. Existence
of prisons can be traced back to the ancient period. It was believed
that rigorous isolation and custodial measures would reform the
offenders. Experience, however, belied this expectation and often
imprisonment had the opposite effect. With the development of
behavioral sciences, it began to federalize that reformation of
offenders was not possible by detention alone.1

Prisons are not normal places. The prisoners are deprived of freedom
and personal contacts with family and friends. The utility of prison
as an institution for rehabilitation of offenders and preparing them
for normal life has always been a controversial issue. There are quite
a large number of offenders who are otherwise well behaved and are
persons of respectable class of society but they fall prey to
criminality on account of momentary impulsiveness, provocation or
due to situational circumstances. There is yet another class of
prisoners who are otherwise innocent but have to bear the rigors of
prison life due to miscarriage of justice. Obviously such persons find
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1. http://www.drishtiias.com/upsc-exam-gs-resources-Prison-Reform
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it difficult to adjust themselves to the prison surrounding and find
life inside the prison most painful and disgusting.

The real purpose of sending criminals to prison is to transform them


into honest and law abiding citizens by inculcating in them distaste
for crime and criminality. But in actual practice, the prison
authorities try to bring out reformation of inmates by use of force
and compulsive methods. Consequently, the change in the inmates is
temporary and lasts only till they are in the prison and as soon as
they are released they again get attracted towards criminality.

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Meaning of Prison:
A prison has been defined as "a place properly arranged and equipped
for the reception of persons who by legal process are committed to it
for safe custody while awaiting trial or for punishment.2

Donald Taft commented that prisons are deliberately so planned as to


provide unpleasant compulsory isolation from society. A prison
according to him characterizes rigid discipline, provision of bare
necessities, strict security arrangements and monotonous routine life.
Life inside the prison necessarily pre-supposes certain restrictions on
the liberty of inmates against their free will.3

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2
The Oxford English Dictionary, Vol. viii, p. 1385.
3
Supra Note 1
HISTORICAL PERSPECTIVE
A well organised system of prisons is known to have existed in India
from the earliest time. It is on record that Brahaspati laid great stress on
imprisonment of convicts in closed prisons. However Manu was
aganist this system. It was a common practice to keep the prisoners in
solitary confinement so as to afford them an opportunity of self
introspection. The object of punishment during Hindu and Mughal
period in India was to deter offenders from repeating crime. The
recognised modes of punishment were death sentence, hanging,
whipping, flogging, branding or starving to death. The prisoners were
ill-treated, tortured and subjected to most inhuman treatment. They
were kept under strict control and supervision. Thus prisons were
places of terror and torture and prison authorities were expected to be
tough and rigorous in implementing sentences.

The British colonial rule in India marked the beginning of penal


reforms in this country. The British prison authorities made strenuous
efforts to improve the condition of Indian prisons and prisoners. They
introduced radical changes in the then existing prison system keeping
in view the sentiments of the indigenous people.
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Why promote Prison Reform?
A sentence of life imprisonment deprives a person from his right to
liberty. Imprisonment affects the prisoner and also his family living in
poverty. When an income generating member of the family is
imprisoned the whole family has to suffer and adjust to the loss of
income. The family has to suffer financial loss because they have to
engage a lawyer, arrange food for the prisoner, transport to prison to
visit the prison etc.

Prisons have very serious health implications. There are some prisoners
who are suffering from various diseases before entering to the prison
or they get effected after coming in the prison. Hence there is no
healthy atmosphere in the prison. It is overcrowded, there is no fresh
air, absence of proper and nutritious food etc.

Imprisonment disrupts relationships and weakens social cohesion,


since the maintenance of such cohesion is based on long-term
relationships. When a member of a family is imprisoned, the disruption
of the family structure affects relationships between spouses, as well as
between parents and children, reshaping the family and community
across generations. Mass imprisonment produces a deep social
transformation in families and communities.

Taking into account the above considerations, it is essential to note that,


when considering the cost of imprisonment, account needs to be taken
not only of the actual funds spent on the upkeep of each prisoner,
which is usually significantly higher than what is spent on a person
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sentenced to non-custodial sanctions, but also of the indirect costs,
such as the social, economic and healthcare related costs, which are
difficult to measure, but which are immense and long-term.

The size of the pre-trial prisoners is higher than that of the convicted
prisoner. Pre-trial detention period is the most open period for the
abuse of criminal justice process. Although pre-trial detainees should
be presumed innocent until found guilty by a court of law, and treated
as such, conditions in pre-trial detention are often much worse than
those of prisons for convicted prisoners.

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INDIAN PRISON REFORMS
For an easy understanding let us devide the Prison Reforms into Pre-
Independence and Post- Independence.

PRE-INDEPENDENCE

Prison Enquiry Committee, 1836


This is the First Prison reform committee Headed by TB MACAULAY. On
the recommendation of this committee an office of Inspector general of
prison was created whose duty was to maintain discipline among the
prisoners and prison authorities and by this, the excesses or the abuse
of power by jail authorities was brought to an end. This committee also
emphasized on providing the proper food and clothing to the prisoners
and that medical treatment of ailing prisoners should be given top
priority. It also recommended for the abolition of the practice of
prisoners working on roads. After this committee adequate steps were
taken to eradicate the corruption in the prisons.4
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4 . https://www.2thepoint.in/prison-reforms-in-india
Prison Enquiry Committee, 18625
It was appointed to review the prison administration in India. This
committee expressed deep concern for the unsanitary condition of
Indian prisons and recommended a certain minimum space for each
prisoner. It also recommended for better clothing and food regular
medical checkup of the prisoners.

A Conference of Experts was held in 1877 to inquire into the prison


administration in detail. The conference resolved that a
Prison Law should be enacted which could secure uniformity of system
and to address such basic issues which were to be reckoned for
deciding term of sentence. In pursuance to the resolution passed in this
conference, a draft Prison Bill was actually prepared but finally
postponed due to unfavourable circumstances.

Fourth Jail Commission ,18886


The Fourth Jail Commission was appointed by Lord Dufferin in 1888 to
inquire into the prison administration. This commission reiterated that
the uniformity could not be achieved without the enactment of a single
Prisons Act. The commission drafted a bill. This Bill was circulated to all
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5 .Ibid
6 . www.wbcorrectionalservices.gov.in
local Governments by the Home Secretary to the Government of India
on 25th March, 1893 with a view to obtaining their views. It was later
presented to the Governor General in Council and ultimately Prisons
Act of 1894 came into existence which is the current law governing
management and administration of prisons.
The process of review of prison problems in the country, continued
even after the enactment of Prisons Act, 1894. The first ever
comprehensive study was launched on this subject with the
appointment of ‘All India Jail Committee’ (1919- 1920). It is indeed a
major landmark in the history of prison reforms in India and is
appropriately called the corner stone of modern prison reforms in the
country. For the first time, in the history of prison administration,
reformation and rehabilitation of offenders were identified as one of
the objectives of prison administration.

Indian jail reform committee 1919-20


The Indian Jail Reform Committee 1919-20 which was appointed
to suggest measures for prison reforms was headed by Sir Alexander
Cardew. The Committee visited prisons in Burma, Japan, Philippines,
Hong Kong and Britain besides the Indian jails, and came to the
conclusion that prisons should not only have deterring influence but
they should also have a reforming effect on inmates. The Committee
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underlined the need for reformative approach to prison inmates and


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discouraged the use of corporal punishment in jails. It recommended
utilization of prison inmates in productive work so as to bring about
their reformation. The Committee also emphasized the need for an
intensive after-care programme for the released prisoners for their
rehabilitation.7

Recommendations of the Committee

The Committee of 1919-20 was appointed to suggest various


recommendations for improving the various conditions in India. The
principles recommendations can be summed up as:
1. The care of prisoners should be entrusted to the adequately trained
staff drawing sufficient salary to render faithful service.
2. The separation of executive/custodial, ministerial and technical staff
in prison service.
3. The diversification of the prison institutions i.e. separate jail for
various categories of prisoners and a minimum area of 675 Sq. Feet (75
Sq. Yards) per prisoner was prescribed within the enclosed walls of the
prison.

As a measure of prison reform, the Jail Committee further


recommended that the maximum intake capacity of each jail should be
fixed, depending on its shape and size. In the meantime, there was a
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7 . Paranjape NV. Criminology & Penology with Victimology, Central Law Publications; Sixteenth Edition;
2014, p-479.
movement against retention of solitary confinement as a method of
punishment. The recommendations made by the Committee could not
be implemented due to inappropriate political environment. The
constitutional changes brought about by the Government of India Act
of 1935, which resulted in the transfer of the subject of prisons in the
control of provincial governments, further reduced the possibilities of
uniform implementation of the recommendations of the Indian Jails
Committee 1919-1920 in the country.

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POST INDEPENDENCE
After independence, the prison is with the state governments as
Jail and police are mentioned in the State list. Since
independence, it was thought that that such reformative
measures like providing an opportunity for rehabilitation,
provision for health, recreation and education is more
beneficial to the society at large than the inmates themselves.
Therefore, there has been reform oriented approach adopted by
the governments.

MULLA COMMITTEE (Jail Reforms


Committee, 1983)8
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.
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It recommended for:

1. The condition of prisons should be improved by making adequate


arrangements for food, clothing, sanitation, ventilation etc.

2. The prison staff should be properly trained and organized into


different cadres. It would be advisable to constitute an All India Service
called the Indian Prisons & Correctional Service for recruitment of
Prison officials.

3. After-care, rehabilitation and probation should constitute an integral


part of prison service. Unfortunately, probation law is not being
properly implemented in the country.

4. The media and public men should be allowed to visit prisons and
allied correctional institutions periodically so that public may have
first-hand information about conditions inside prisons and be willing
to co-operate with prison officials in rehabilitation work.

5. Lodging of under trials in jail should be reduced to bare minimum


and they should be kept separate from the convicted prisoners. Since
under trials constitute a sizable portion of prison population, their
number can be reduced by speedy trials and liberalization of bail
provisions.
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6. The Government should make an Endeavour to provide adequate
resources and funds for prison reforms.9

Krishna Iyer Committee on Jail Reform

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. The National Expert Committee on Women Prisoners headed
by Justice V.R. Krishna Iyer report submitted its report to the
Government in February 1988.

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9 .Supra Note 7,p.482


Steps Taken by Government of India for
Administration of Prison Reforms in
India

The Government of India requested to State Government and different


Union Territories to bring out changes so as to make proper
administration of changes. Various states from time to time had
adopted such recommendations in their prison manuals. These
recommendations can be summed up as follows:

1. To revise their prison manuals on the lines of the Model Prison


Manual by the end of the year.

2. To appoint Review Committees for the under trial prisoners at the


district and state levels;

3. To provide legal aid to indigent prisoners and to appoint whole-time


or part-time law officers in prisons;

4. To enforce existing provisions with respect to grant of bail and to


liberalize bail system after considering all its aspects;

5. To strictly adhere to the provisions of the Code of Criminal


Procedure, 1973, with regard to the limitations on time for
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investigation and inquiry;


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6. To ensure that no child in conflict with law be sent to the prison for
want of specialized services under the Central Children Act, 1960.

7. To have at least one Borstal School set up under the Borstal Schools
Act, 1929 for youthful offenders in each State;

8. To create separate facilities for the care, treatment and rehabilitation


of women offenders;

9. To arrange for the treatment of lunatics in specialized institutions;

10. To provide special camp accommodation under conditions of


minimum security to political agitators coming to prisons;

11. To prepare a time bound programme for improvement in the living


conditions of prisoners with priority attention to sanitary facilities,
water supply, electrification and to send it to the Ministry of Home
Affairs for approval;

12. To develop systematically the programmes of education, training


and work in prisons;

13. To strengthen the machinery for inspection, supervision and


monitoring of prison development programme and to ensure that the
financial provisions made for up gradation of prison administration by
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the Seventh Finance Commission are properly utilized.


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14. To organize a systematic programme of prison personnel training
on State and Regional level;

15. To abolish the system of convict officers in a phased manner;

16. To mobilize additional resources for modernization of prisons and


development of correctional services in prison;

17. To set up a State Board of Visitors to visit prisons at regular


periodicity and to report on conditions prevailing in the prisons for
consideration of the State Government;

18. To examine and furnish views to Government of India on proposal


for setting up of the National Board of Visitors.

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CONCLUSION

Through various committees and acts were passed from time to time
for improving the conditions of prisons in India but still majority of the
problems is left unsolved. The administration procedure in India is
lacking much behind that of western states and hence we are unable to
provide good conditions in prisons.

The prisons in country shall endeavor to reform offenders in the social


stratification by giving them appropriate correctional treatment. The
constitution also provides that principles of management and treatment
of offenders should be made prescribed under the Directive Principles
of State Policy Part IV of the Constitution. The State must take initiative
to improve the conditions of under trail prisoners which can achieved
by speeding of the trial procedure, simplification of the bail procedure
and periodic induce of causes related to under trial prisoners. At least
the under trial should be kept in separate cell. Though various
recommendations have been made from time to time but these
recommendations did not paved way from report books to reality. It is
seen that such reports are based on conditions prevailing in developed
countries whereas India being a developing country the situation is
totally different and there is problem of adopting such suggestions but
constant endeavor should be made for bringing out positive changes.
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BIBLIOGRAPHY
Books
1) Paranjape NV. Criminology & Penology with Victimology,
Central Law Publications; Sixteenth Edition; 2014.

Internet Resources
1) www.drishtiias.com
2) The Oxford English Dictionary
3) www.2thepoint.in
4) www.wbcorrectionalservices.gov.in
5) www.preservearticles.com

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