# Prison Reforms in India – Detailed Notes
## 1. Introduction
Prisons are an integral component of the criminal justice system and serve multiple purposes — punishment,
deterrence, rehabilitation, and reformation.
In India, prison administration falls under the State List (List II, Entry 4) of the Seventh Schedule of the
Constitution, giving primary responsibility to state governments.
Despite this, overcrowding, poor living conditions, and lack of reformation facilities remain critical concerns,
highlighting the urgent need for prison reforms.
The movement for prison reform in India has evolved from custodial punishment to correctional and rehabilitative
approaches.
## 2. Need for Prison Reforms in India
1. Overcrowding of Prisons: Indian prisons are housing inmates far beyond their capacity (occupancy rate ~130%
in many states). Large numbers of undertrials (around 75%) worsen congestion.
2. Poor Living Conditions: Inadequate sanitation, healthcare, and ventilation. Malnutrition and lack of basic
hygiene persist.
3. Human Rights Concerns: Violations of Article 21 (Right to Life and Dignity) due to inhuman treatment. Reports
of custodial violence and torture.
4. Lack of Reformation Facilities: Limited educational, vocational, and counseling programs. Negligible
post-release rehabilitation mechanisms.
5. Gender and Mental Health Issues: Women prisoners face neglect, lack of maternity care, and inadequate
facilities for children. Mental health care for inmates is often ignored.
6. Understaffing and Resource Constraints: Poor staff-to-prisoner ratios and inadequate training affect prison
management.
7. Legal Aid and Access to Justice: Many undertrials remain imprisoned for years due to lack of legal
representation.
Hence, reforms are essential to align prisons with constitutional values, international human rights standards, and
modern correctional philosophy.
## 3. Evolution and Major Committees on Prison Reforms
| Committee / Body | Year | Key Recommendations |
|------------------|------|----------------------|
| Indian Jails Committee (Mulla Committee) | 1980–83 | Emphasized human treatment, aftercare services, and a
national policy on prisons. |
| Justice Krishna Iyer Committee | 1987 | Focused on women prisoners’ welfare and rehabilitation. |
| National Human Rights Commission (NHRC) | 1993 onwards | Regular inspections, reporting on overcrowding
and human rights violations. |
| BPR&D; (Bureau of Police Research and Development) | 2016 | Issued the Model Prison Manual, 2016,
promoting uniformity, technology, and human dignity. |
| Justice Amitava Roy Committee (2018) | Appointed by Supreme Court | Recommended alternatives to
incarceration, parole reforms, and reduction of undertrial population. |
## 4. Judicial Approach to Prison Reforms
Indian judiciary has played a transformative role in evolving the philosophy of prison administration from punitive
to reformative.
### Key Supreme Court Judgments
| Case | Year | Key Observations |
|------|------|------------------|
| Sunil Batra v. Delhi Administration | 1978 | Prisoners retain fundamental rights except those lawfully curtailed;
solitary confinement condemned. |
| Charles Sobhraj v. Superintendent, Central Jail | 1978 | Inhuman treatment violates Article 21. |
| Sheela Barse v. State of Maharashtra | 1983 | Protection of women prisoners; need for separate lock-ups. |
| Francis Coralie Mullin v. UT of Delhi | 1981 | Right to life includes right to live with dignity even in custody. |
| Ramamurthy v. State of Karnataka | 1997 | Directed prison reforms and uniform standards across India. |
| Inhuman Conditions in 1382 Prisons, In Re | 2016 | Directed adoption of Model Prison Manual, 2016, by all
states. |
Judicial Trends: Recognition of prisoners as “persons with rights,” not merely offenders. Article 21 extended to
healthcare, communication, legal aid, and humane conditions. Directions for speedy trials, legal aid clinics, parole,
and furlough systems.
## 5. Policy and Administrative Initiatives
(a) Model Prison Manual, 2016 – Prepared by BPR&D;, approved by MHA. Emphasizes reformation,
rehabilitation, and reintegration.
(b) E-Prisons Project – A centralized digital platform for prisoner data management, integrated with CCTNS.
(c) National Policy on Prison Reforms – Proposes uniform standards, staff training, and rehabilitation programs.
(d) Modernization of Prisons Scheme – Focuses on construction, upgradation, and welfare.
(e) Parole, Furlough, and Open Prisons – Reformative approach allowing temporary release for reintegration.
## 6. Modernization of Prisons and Constitutional Rights
### Constitutional Foundation
Articles 14, 21, 39A, and Directive Principles (Articles 38, 39, 41) ensure equality, dignity, and humane conditions.
### Modernization Aspects
1. Infrastructure Upgradation: Improved sanitation, lighting, ventilation, and space.
2. Health and Welfare: Modern healthcare, digitized medical records.
3. Education and Skill Training: e-Learning and vocational training.
4. Rehabilitation and Aftercare: Open prisons and NGO collaboration.
5. Transparency and Accountability: Regular inspections and grievance redressal.
Goal: Transform prisons into “correctional homes” rather than punishment cells.
## 7. Role of Technology in Prison Administration
1. e-Prisons Project: Digital inmate records and tracking.
2. e-Mulakat: Video conferencing for family and legal access.
3. e-Lok Adalats: Virtual hearings for undertrials.
4. Surveillance: CCTV, biometrics, drones.
5. Digital Payment Systems: Cashless prison canteens.
6. Digital Education Platforms: Skill and rehabilitation training.
## 8. Challenges in Implementation
- Uneven adoption across states.
- Budgetary and staffing constraints.
- Resistance to reform in prison culture.
- Weak coordination among institutions.
## 9. Way Forward
1. Uniform adoption of MPM 2016.
2. Investment in staff and infrastructure.
3. Non-custodial sentences for minor offences.
4. Rehabilitation and employment programs.
5. Integration of technology and transparency.
6. Regular oversight by judiciary and NHRC.
## 10. Conclusion
Prison reforms are essential to uphold the constitutional promise of dignity, equality, and justice even behind bars.
The transformation of prisons into centers of reformation and rehabilitation reflects India’s commitment to human
rights and restorative justice. With the Model Prison Manual, technological modernization, and judicial activism,
the focus is shifting from punishment to transformation — ensuring that prisons serve as spaces for correction,
education, and hope.
